Maruti to start recruiting new workers for Manesar plant!Just remeber the legacy of Ambedkarite Trade Union Rights and Labour laws! just Remeber the trade union movement in India! Reforms Drive for Free Market Economy Ruled by market dominating Brahminical Zionist Ruling Class has Made everything quite Irrelevant!
The proposed Communal Violence Bill on Saturday ran into trouble with NDA-ruled States and some other governments, joined by UPA-constituent Trinamool Congress, opposing the "dangerous" legislation and arguing that it would hurt the federal structure of the country.At a meeting of National Integration Council (NIC) where the issue was on the agenda, NDA and Chief Ministers of the States ruled by it — Madhya Pradesh, Chhattisgarh, Karnataka, Himachal Pradesh, Uttarakhand, Bihar and Punjab — expressed opposition to the draft legislation in its current form.Tamil Nadu Chief Minister J. Jayalalithaa had opposed the Bill saying it curbs states powers.
Ramesh Pokhriyal removed, BC Khanduri to be new Uttarakhand CM
G8 promises 38 billion dollars for West Asia democracy
Some youth radicalised, need to address it: Manmohan
Indian Holocaust My Father`s Life and Time - SEVEN HUNDRED TWENTY FIVE
Palash Biswas
http://indianholocaustmyfatherslifeandtime.blogspot.com/
http://basantipurtimes.blogspot.com
http://mulnivasinayak.com/newbooks.php
palashbiswaslive: Narayan Meghaji Lokhande,the Father of Labour ...
10 SEP, 2011, 02.11AM IST, ET BUREAU
Centre to move ahead with Companies Bill
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NEW DELHI: As part of its effort to showcase its commitment to transparency and accountability, the government has decided to move forward with the Companies Bill, 2011. The Prime Minister's Officehas stepped in asking the corporate affairs ministry to move ahead with the proposed legislation.
The government would like to introduce the bill in the winter session of Parliament.
More significantly, the PMO has suggested that there needs to be an emphasis on ensuring that there are independent directors on the board of companies. This was decided at a review of ministries dealing with industry and commerce by the Principal Secretary to the Prime Minister TKA Nair.
The Companies Bill, 2009 requires public listed companies above a prescribed size to reserve a third of all seats on the board for independent directors. It requires that independent directors (or their relatives) not do business with the company which amounts to more than 10% of the turnover of the company in the past two years. Permitting financial transactions with the company up to this point creates a potential conflict of interest.
The listing agreement under the SEBI Act prohibits independent directors from a material financial relationship with company but does not define the term 'material'.
In its review of the Bill, parliamentary standing committee on finance had recommended that the liabilities of independent directors should be limited to enable them to act freely and objectively. It suggested that the appointment process of independent directors be made independent of the company's management. This should be done by constituting a panel to be maintained by the ministry of corporate affairs, out of which companies can choose their requirement of independent directors.
It was decided that women needed to be given adequate representation in company boards.
The review also focused on ministries like textiles, medium and small enterprises. In both cases, the focus on was on providing financial support to job creating efforts, such as technical textiles sector, textiles parks.
The government is looking to generate as many as 8 lakh jobs through textile parks.
http://economictimes.indiatimes.com/news/economy/policy/centre-to-move-ahead-with-companies-bill/articleshow/9928839.cms
Just remeber the legacy of Ambedkarite Trade Union Rights and Labour laws! just Remeber the trade union movement in India! Reforms Drive for Free Market Economy Ruled by market dominating Brahminical Zionist Ruling Class has Made everything quite Irrelevant!
PTIManufacturing of cars under way on the production line at Maruti Suzuki's Manesar plant. File
Encouraged by support from Haryana labour authority and its parent Suzuki Motor Corp in the ongoing tussle with workers at the Manesar plant, Maruti Suzuki India is understood to be planning to recruit new permanent employees to replace the existing ones. Suzuki chief Osamu Suzuki on Friday took a tough stand on the labour standoff at Maruti's Manesar plant, saying the company will not accept "any indiscipline". In his first reaction to the problems at Manesar, Suzuki told representatives of the company's recognised workers body that there will be "no compromise on discipline".
Maruti Suzuki on earlier suspended two workers at its troubled Manesar plant for instigating indiscipline on the shop floor, taking the total number of suspended workers to six at its second factory.
List of various Central Labour Acts
Last updated on 08/07/09
| Laws related to Industrial Relations | |
| 1 | The Trade Unions Act, 1926 |
| 2 | The Industrial Employment (Standing Orders) Act, 1946 The Industrial Employment (Standing Orders) Rules, 1946
|
| 3 | |
| Laws related to Working Hours, Conditions of Services and Employment | |
| 1 | |
| 2 | |
| 3 | |
| 4 | |
| 5 | |
| 6 | |
| 7 | |
| 8 | The Beedi & Cigar Workers (Conditions of Employment) Act, 1966 |
| 9 | The Contract Labour (Regulation & Abolition) Act, 1970 |
| 10 | The Sales Promotion Employees (Conditions of Service) Act, 1976 The Sales Promotion Employees (Conditions of Service) Rules, 1976 |
| 11 | The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 |
| 12 | The Shops and Establishments Act |
| 13 | The Cinema Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 The Cinema Workers and Cinema Theatre Workers (Regulation of Employment) Rules, 1984 |
| 14 | The Dock Workers (Safety, Health & Welfare) Act, 1986 |
| 15 | |
| 16 | The Dock Workers (Regulation of Employment) (inapplicability to Major Ports) Act, 1997 |
| Laws related to Equality and Empowerment of Women | |
| 1 | |
| 2 | |
| Laws related to Deprived and Disadvantaged Sections of the Society | |
| 1 | |
| 2 | |
| 3 | The Children (Pledging of Labour) Act, 1933 |
| Laws related to Employment & Training | |
| 1 | The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 The Employment Exchanges (Compulsory Notification of Vacancies) Rules, 1959 |
| 2 | |
| Others | |
| 1 | |
| 2 | |
| 3 | |
| 4 | |
| 5 | |
| 6 | |
| 7 | |
| 8 | |
| 9 | The Emigration Act, 1983 The Emigration Rules, 1983 |
| 10 | |
| 11 | |
| Latest Notification/ Amendments |
(ii) ESI (Amendment) Act, 2010 (iii) Other Beneficiaries Scheme, 2010 2. Payment of Gratuity Act, 1972(ii) Enhancement of Ceiling Limit 3. Employees' Compensation Act, 1923(i) Workmen's Compensation (Amendment) Act, 2009 (ii) Monthly Wages 4. Maternity Benefit Act, 1961 5. Employees' Provident Funds & Miscellaneous Act, 1952 (i) Enhancement of EDLI benefits (II) Special Provisions for International Worker, 2008 (III) Coverage of Establishments |
|
Behind the Indian Boom – Ambedkar's Challenge Remains
Any discussion of inequality and justice within modern India has to include reference to the work of Dr. Bhimrao Ramji Ambedkar. The architect of the Indian constitution was a tireless campaigner for the equal rights of Dalits (also known as untouchables) and fiercely opposed the social institutionalisation of inequality represented by the Hindu caste system. His antipathy towards the latter led to criticism of Gandhi and a conversion to Buddhism. Dr. Ambedkar's speech on the eve of the signing into law of the Indian constitution, delivered on 25 November 1949, laid out his argument that an Indian social democracy is essential for the survival of the state. Though well documented, it certainly bears quoting again (and indeedreading in full):
On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality. In politics we will be recognizing the principle of one man one vote and one vote one value. In our social and economic life, we shall, by reason of our social and economic structure, continue to deny the principle of one man one value. How long shall we continue to live this life of contradictions? How long shall we continue to deny equality in our social and economic life? If we continue to deny it for long, we will do so only by putting our political democracy in peril. We must remove this contradiction at the earliest possible moment or else those who suffer from inequality will blow up the structure of political democracy which this Assembly has so laboriously built up.
Despite the turnaround of India's economic story since the 1980s, there appears to be an enduring relationship in India between economic wellbeing and caste, religion or gender. Set against the background of strong and consistent economic growth, the debate over some central principles of India's social equality regime is becoming more prominent. For example, Dr. Ambedkar was central to enshrining the principle of positive discrimination, or reservations, in public sector employment and higher education for Scheduled Castes (SC) (Dalits), Scheduled Tribes (ST) and Other Backward Castes (OBC). Affirmative action is always a topic of debate, wherever it is deployed, but the argument in India has been ratcheted up as the economy has liberalised and pressure to open up the labour market has increased. Added to this trend are the various political affiliations of specific castes, for example core support for the Hindu nationalist Bharatiya Janata Party (BJP) tends to be drawn more from Brahmanical castes than OBC or SC groups. In 2006 when a decision regarding the reservation of places in institutes of higher education for OBC's was passed, there were nationwide protests spanning several days.
In a similar vein, the post-Independence Indian model of secularism has sought to respect cultural pluralism by attempting to create an equal space for each religious community. As Sunil Khilnani has explained, "Indians who belonged to smaller religious communities had to be protected against the totalitarian potentials of mass democracy."[i] The secular nature of the Indian state faced its most pronounced challenge in the early 1990s with the rise of the Hindutva movement, led by the BJP. When fanatical Hindu crowds rushed the site of the mosque or Babri Masjid in Ayodhya (an ancient town in the north-east Indian state of Uttar Pradesh) in December 1992, a series of riots were triggered nationwide, resulting in hundreds of deaths. This event marked the beginning of a period of national expansion for the BJP, which subsequently took power in elections in 1998. Following the elections of 2004 and 2009 when Congress Party-led coalitions took power back and then won re-election, the sustainability of a mass party based on Hindu nationalism has been challenged. The recent ruling in the Ayodhya case, on 30th September 2010, stated that the holy site be split between the competing religions that lay claim to it. The verdict was long awaited and, despite some apprehension, the announcement met with widespread acceptance and no outburst of contention from either Hindu or Muslim leaders. It can broadly be said that the decision reinforces the principle of secular coexistence that the riots challenged. The as-yet-unclear reaction to the ruling in the Godhra case of 2002 (relating to the killing, at the hands of a Muslim crowd, of a number of Hindus returning from 10 year anniversary celebrations of the Ayodhya events), however, demonstrates that problems remain.
Moving from the social to the economic sphere, wealth polarisation is an issue at the heart of debates about contemporary India. The emergence of India as a prominent rising power in the global system is fundamentally linked to the economic transformation that has been ongoing since the 1980s, accelerating with neo-liberal reforms that followed the balance of payments crisis of 1991. India has achieved remarkable GDP growth rates in the past decade, over 9% three years running between 2005 and 2007[ii](with recent projections of 8.75% for 2010-11). 'Inclusive growth' remains the crucial challenge for the government and plays directly to the conflict between market-oriented economic success stories and grinding rural and urban poverty.
As a rising power, India is defined just as much by its poverty as its growth rates. On the one hand, the transformation is clear when examining economic policy and success since the Cold War. On the other, the new confidence and increased self-belief, feeding the idea that India may be a great power of the future, is compromised by the reality of its uneven growth and its democratic values-based reality. Crucial here is the issue of legitimacy and whether a vision of India as a great power based upon its current economic model and social reality will be accepted by those who may not benefit to the highest extent.
On a recent trip to Mumbai I made a trip down to the southern tip of the city. Following an initial drive that skirted along the edges of the vast Dharavi slum (home to approximately 1,000,000 people and referred to as the 'largest slum in Asia'), my attention was directed towards the newly built, 27 floor, billion-dollar homeof Mukesh Ambani, Indian business magnate and one of the richest individuals in the world. Admiration for what is an undeniable success story is tempered by an instinctive discomfort with the 'Ozymandian' challenge the building seems to be snarling to Mumbai's millions. There is surely no clearer representation of the chasm of wealth disparity that reflects the conflicting impacts and enduring challenges at the heart of India's economic boom.
[i] Khilnani, Sunil, The Idea of India, (Penguin Books, London, 1997), Page 177
Indian labour law
Indian labour law refers to laws regulating employment in India. There are over fifty national laws and many more state-level laws.
Traditionally Indian governments at federal and state level have sought to ensure a high degree of protection for workers. So for instance, a permanent worker can be terminated only for proven misconduct or for habitual absence.[1] In Uttam Nakate case, the Bombay High Court held that dismissing an employee for repeated sleeping on the factory floor was illegal - a decision which was overturned by the Supreme Court of India. Moreover, it took two decades to complete the legal process. In 2008, the World Bank has criticised the complexity, lack of modernisation and flexibility in Indian regulations.[2][3] India can boast of a quarter of the world's workforce by 2025, provided the country harnesses the potential of its young and productive population. However, the demographic dividend would become a disaster if India does not radically overhaul the labour ecosystem to enhance the productivity of the growing workforce. If reforms are not initiated, it is expected that much of the country's demographic dividend would occur in states with backward labour market ecosystems. It also ranked that states on the basis of improvement in their labour ecosystems in terms of state efforts in various areas like education and training, infrastructure, governance and the legal/regulatory structure.[4]
Contents[hide] |
[edit]Collective labour law
- The Industrial Disputes Act (1947) requires companies employing more than 100 workers to seek government approval before they can fire employees or close down.[5] In practice, permissions for firing employees are rarely granted.[5]
- Trade Unions Act 1926
- Provisions of the Factories Act, 1948
[edit]Individual labour law
All India Organisation of Employers points out that there are more than 55 central labour laws and over 100 state labour laws.[1]
- The Contract Labour Act (1970) prohibits companies from hiring temporary workers.[5] Women are not permitted to work night shifts.[5]
- Minimum Wages Act 1948
- Weekly Holidays Act 1942
- Beedi and Cigar Workers Act 1966
- The Payment of Wages Act, 1936
- The Workmen's Compensation Act, 1923
- The Factories Act, 1948
[edit]Criticism
Many observers have argued that India's labour laws should be reformed.[6][7][8][9][10][11][2][12][5][13] The laws have constrained the growth of the formal manufacturing sector.[2] According to a World Bank report in 2008, heavy reform would be desirable. The executive summary stated,
| " | India's labor regulations - among the most restrictive and complex in the world - have constrained the growth of the formal manufacturing sector where these laws have their widest application. Better designed labor regulations can attract more labor- intensive investment and create jobs for India's unemployed millions and those trapped in poor quality jobs. Given the country's momentum of growth, the window of opportunity must not be lost for improving the job prospects for the 80 million new entrants who are expected to join the work force over the next decade.[14] | " |
Prime Minister Manmohan Singh has said that new labour laws are needed.[15]
[edit]See also
[edit]Notes
- ^ a b Parul Sharma (February 2007). "Split Legal Regime in India's Labour Laws".
- ^ a b c "India Country Overview 2008". World Bank. 2008.
- ^ "World Bank criticizes India's labor laws".
- ^ "India may boast of 25% of world's workforce by 2025: Survey". The Times Of India. 21 June 2010.
- ^ a b c d e Aditya Gupta. "How wrong has the Indian Left been about economic reforms?".
- ^ "IMF calls for urgent reform in Indian labour laws".
- ^ Kaushik Basu, Gary S. Fields, and Shub Debgupta. "Retrenchment, Labor Laws and Government Policy: An Analysis with Special Reference to India". World Bank.
- ^ "Foreign Labor Trends Report: India 2006". U.S. Department of Labor.
- ^ R. C. Datta / Milly Sil. "Contemporary Issues on Labour Law Reform in India".
- ^ "Economic survey of India 2007: Policy Brief". Organisation for Economic Co-operation and Development.
- ^ Basu, Kaushik (2005). "Why India needs labour law reform". BBC.
- ^ "A special report on India: An elephant, not a tiger". The Economist. 11 December 2008.
- ^ Gurcharan Das (July/August 2006). "The India Model". Foreign Affairs.
- ^ World Bank, India Country Overview 2008
- ^ "New labour laws needed, says Manmohan". The Hindu (Chennai, India). 10 December 2005.
[edit]References
- E Hill, 'The Indian Industrial Relations System: Struggling to Address the Dynamics of a Globalizing Economy' (2009) 51 Journal of Industrial Relations 395-410
[edit]External links
The BJP top brass on Saturday held a meeting with the outgoing Uttarakhand chief minister Ramesh Pokhriyal Nishank here and conveyed to him that he will have to step down in the wake of a series of alleged scams facing the state government.
The BJP Parliamentary board had held a meeting on September 8 to discuss the party's prospects in Uttarakhand and the need for a change in leadership. It was decided that Pokhriyal would be replaced by Khanduri.
Pokhriyal's performance was not upto the mark and the alleged cases of graft were affecting BJP's image in the hill state, the sources said.
There were apprehensions that this could cost the party dear in the assembly elections which are just a few months away.
Other than BJP chief Nitin Gadkari, Saturday's meeting was attended by leaders of opposition inLok Sabha Sushma Swaraj, her Rajya Sabha counterpart Arun Jaitley, senior BJP leader Rajnath Singh who is now given special charge of Uttarakhand elections, Dharmendra Pradhan and Thawar Chand Gehlot.
Maruti Suzuki India (MSI) on Tuesday said it will not resume full-scale production at its Manesar plant till workers sign a 'good conduct bond´, as demanded by the company to ensure there is no repeat of quality issues that have surfaced at the plant.
"We can't start full production till the workers are ready. They have to sign the bond," MSI chairman R C Bhargava told reporters here on the sidelines of the Automotive Component Manufacturers Association's (ACMA) annual convention here.
He said the management has been speaking to the workers, but "outside elements continue to influence them".
"We would like to resolve this at the earliest, but the workers need to understand that good conduct is a must," he said.
Bhargava also said the company is willing to incur the current production loss, as "indisciplined workers inside the plant can cause a greater loss".
He said due to the problems at its plant in Manesar, Haryana, the company has stopped taking bookings for its Swift hatchback and the backlog of orders is well above 80,000 units now.
Production has been severely hit at the company's first plant at Manesar since last Monday (29 August, 2011), when the management decided to force workers to sign a 'good conduct bond´ before entering the factory premises, following alleged "sabotage" and deliberate quality compromise.
MSI had commenced partial production of cars at its second plant in Manesar last Friday, almost a month ahead of schedule.
On average, the firm produces about 1,200 units of its Swift, A-Star and SX4 car models every day from the first plant, where the labour troubles are centred. On this basis, the production loss suffered by MSI so far since last Monday is estimated at about 6,625 units, valued at over Rs. 330 crore, as of 5 September.
The company said so far, 63 permanent workers at its first plant in Manesar have signed the 'good conduct bond´. However, the majority of the plant's 950-strong permanent workforce at the plant has not signed the bond.
On the first two days of the stand-off, MSI dismissed five permanent workers. In addition, it suspended 26 permanent workers and discontinued the services of another 18 trainees on charges of sabotage and causing quality problems in cars.
The Manesar plant has been a trouble-spot for the company after a section of workers - under a rebel outfit Maruti Suzuki Employees Union (MSEU) - had gone on a 13-day strike in June, demanding formation of a separate union. However, their application for the formation of the union had been rejected by the Haryana government, though the rebels said they would continue their efforts for its formation.
The current suspension comes close on the heels of suspension of four workers in late July for manhandling supervisors. Those suspended were part of the rebel body. Officials within the company indicated that indiscipline would not be tolerated and Maruti Suzuki management will take stern action against anyone it perceived as a trouble maker.
The issue of a second union formation has been a thorny one for Maruti Suzuki management which feels that the company's existing and long-standing union, Maruti Udyog Kamgar Union (MUKU), is well equipped to take care of the interests of all workers, including those at Manesar. The rebels, however, say that MUKU should confine its activities and scope to the Gurgaon plant and thus there should be a new workers body for taking care of the interests of the Manesar workers.
The issue has been a sensitive one for Maruti as the Manesar plant is the hub of its key model, Swift hatchback. Production, however, remained normal on Tuesday and there was no negative labour issue due to the suspension. The agitation in May had resulted in production loss of over 10,000 cars, leading to bulging of waiting lists on its key models.
The company management is not in favour of according recognition to a second union on various grounds, including their keenness to have outside representatives into the workers' body.
The proposed Communal Violence Bill on Saturday ran into trouble with NDA-ruled States and some other governments, joined by UPA-constituent Trinamool Congress, opposing the "dangerous" legislation and arguing that it would hurt the federal structure of the country.At a meeting of National Integration Council (NIC) where the issue was on the agenda, NDA and Chief Ministers of the States ruled by it — Madhya Pradesh, Chhattisgarh, Karnataka, Himachal Pradesh, Uttarakhand, Bihar and Punjab — expressed opposition to the draft legislation in its current form.Tamil Nadu Chief Minister J. Jayalalithaa had opposed the Bill saying it curbs states powers.
The minority communities often feel they are being unfairly targeted in the "aftermath of unfortunate incidents", Prime Minister Manmohan Singh on Saturday said, inaugurating the National Integration Council meet, which is to debate the communal violence bill.
Singh said while the law should be allowed to take its own course, the investigating agencies should be free of biases and prejudices of any kind.
"It is a matter of great satisfaction that in recent years, relations among various communities have by and large remained harmonious," the prime minister observed.
"Members of this council have played an active role in ensuring that people respond with maturity to developments that may otherwise flare up communal tempers."
"Nevertheless, we need to maintain a continuous vigil in this regard. We also need to recognise that members of the minority communities often have a perception of being unfairly targeted by law enforcement agencies in the aftermath of unfortunate incidents," he said.
His remarks come in the wake of recent investigations by security agencies into the role of Hindutva groups in bomb attacks like the Ajmer Sharief Dargah and the Hyderabad Mecca Masjid, both in 2007. Earlier, the investigating agencies had suspected the role extremist groups from the minority community for the attacks.
"While law must take its own course, we need to ensure that our investigating agencies are free from biases and prejudices of any kind. The media also has to play an increasingly important and constructive role in promoting peace and harmony in our society," he added.
The communal violence bill seeks to hold state governments and functionaries responsible for any targeted attacks on minority communities and for stricter punishments against perpetrators of violence against any particular minority or downtrodden communities.
Three days after a bomb blast at Delhi High Court killed 13 people, Prime MinisterManmohan Singh Saturday admitted that a section of the country's youth had been radicalised, but said no ideology could justify violence.
"We need to identify and address the causes of radicalisation of some of our youth," Singh said at the 15th National Integration Council (NIC) meeting here.
"The problems of terrorism and leftwing extremism constitute two major challenges that our society and polity face today. The terrorist attack in Delhi last Wednesday is a stark reminder to us that there can be no let up in our vigilance," he said.
"Time and again, our nation has been subjected to terrorist violence. Terrorists seek to justify such violence based on misplaced sense of ideology.
"The institutions and instruments of our democratic polity allow sufficient opportunity for articulating differing points of view without recourse to violence," the prime minister said.
The NIC meet, happening after three years, discussed measures to promote communal harmony, eliminate discrimination, especially against minorities and Scheduled Tribes, and ways in which the state and police should handle civil disturbances.
Singh asked the NIC to unequivocally send out a message that violence cannot be justified under any circumstances and reaffirm the nation's collective resolve to fight it in all its manifestations.
"No civilised society can tolerate or endorse loss of innocent lives in the pursuit of any ideology," he added.
Singh chose the occasion to point out that lack of productive employment opportunities was one factor leading to radicalisation of youth.
He also listed out the social welfare schemes of the government such as the national rural employment guarantee programme; the land acquisition, resettlement and rehabilitation bill; rural health mission; Bharat Nirman projects; forest rights and right to education legislations as some of the measures to wean away young men and women from radical movements.
Expressing "great satisfaction" that inter-community relations in recent years have by and large remained harmonious, the prime minister said NIC members had played an active role in ensuring that people responded with maturity to developments that may otherwise flare up communal tempers.
"Nevertheless, we need to maintain a continuous vigil in this regard. We also need to recognise that members of the minority communities often have a perception of being unfairly targeted by law enforcement agencies in the aftermath of unfortunate incidents," he said.
"While law must take its own course, we need to ensure that our investigating agencies are free from biases and prejudices of any kind. The media also has to play an increasingly important and constructive role in promoting peace and harmony in our society," he added.
On the law enforcement front, the prime minister said there must be a continuous upgrade and strengthening of the investigating agencies and intelligence gathering apparatus to deal more effectively with newer methods and technologies that the terrorists and Maoists adopt.
"In the last few years, we have tried hard to achieve this," he said, listing out measures such as the National Intelligence Grid, called the NATGRID, being implemented to access all intelligence sources and analysis to identify actionable points.
Noting that the National Investigation Agency (NIA) had begun investigating terrorist-related crimes in the right earnest, he said of the 29 cases handed over to the NIA, charge sheets were filed in 20 cases.
"Security from internal and external disturbances is a sine qua non for a nation state and steps to ensure this have always been accorded the highest priority in government. Security matters have been regularly reviewed and discussed jointly with state governments," he said.
"We have also taken up security issues with our neighbours, and I am happy that some of our neighbours have extended cooperation, which has proved helpful in controlling violence in the northeast," he said.
"However, concerns remain and these will continue to be addressed," he added.
Suzuki chief Osamu Suzuki on Friday took a tough stand on the labour standoff at Maruti's Manesar plant, saying the company will not accept "any indiscipline". In his first reaction to the problems at Manesar, Suzuki told representatives of the company's recognised workers body that there will be "no compromise on discipline".
"Indiscipline is not tolerated... not in Japan, not in India. It is never in the interest of any company and its people," Suzuki told representatives of Maruti Udyog Kamgar Union (MUKU). Production has been erratic at the Manesar plant since August 29 as the company sought a 'good conduct bond' from workers to control indiscipline in production and quality. It has so far suspended and dismissed 21 employees, while starting some production at the troubled plant, and nearby Gurgaon factory, by using senior staff and other temporary workforce.
The latest production interruption is the third in three months at the Manesar factory. Maruti had stopped operations at the plant for 10 working days in June due to a strike by workers, who were demanding recognition of a new union and reinstatement of some sacked colleagues. In July, it stopped production for a day due to a strike by some workers. Earlier last week, company chairman RC Bhargava said workers who refused to sign the good conduct bond would not be allowed to work.
Suzuki had come to India for Maruti's annual general meeting and also travelled to Gujarat, where the company is understood to have zeroed in on a new factory. While he has met the state's chief minister Narendra Modi, a formal announcement is awaited only after Maruti's board clears the proposal. The trouble at Manesar comes at a bad time for the company as the plant is used to manufacture one of its blockbuster model Swift. The car, whose new version recently hit the market, now has a waiting backlog of nearly 90,000 units and dealers are reluctant to take on new orders until the situation on production becomes more stable.
Leader of Opposition in the Lok Sabha Sushma Swaraj, who also attended the meeting chaired by Prime Minister Manmohan Singh, said the proposed legislation was "dangerous" as it would "encourage communalism" rather than curbing it by furthering the divide between majority and minority communities.
Dinesh Trivedi, senior leader of Trinamool Congress, a key constituent of the UPA, said his party also opposes the Bill in the present form.
Opposing the Bill, Chief Minister of BJD-ruled Orissa Naveen Patnaik, said it has some "objectionable" provisions which "directly affect the autonomy of states."
Uttar Pradesh Chief Minister Mayawati, whose speech was read out in absentia, said "it is not the opportune moment to comment on the Bill".
Bihar Chief Minister Nitish Kumar voiced concern over certain provisions in the Prevention of Communal and Targeted Violence (Access to Justice and Regulations) Bill 2011, saying it may create "impression" among the people at large that majority community is "always responsible for communal incidents."
In a speech read out by senior Bihar Minister Vijay Kumar Chaudhary, Mr. Kumar asked the Centre to hold "thorough discussion" with state governments for making certain amendments that are warranted before introducing it in Parliament.
He specifically opposed the provision for promulgation of Article 355 of the Constitution, which gives the Centre a right to intervene, in a limited area during "internal disturbance", saying it amounted to "unnecessary interference in state's jurisdiction".
Madhya Pradesh Chief Minister Shivraj Singh Chauhan said the Bill was intended to meet "vested interests" and may undermine the country's federal structure.
"The Bill expresses feeling of mistrust in the state government machinery and lacks clarity in defining crimes for organised communal violence," he said.
"I urge the Union Government to have faith in the state governments and strengthen them, which in turn will strengthen the nation. If state governments are weakened to serve some vested interests, the nation will become weak and it will give impetus to parochial forces," Mr. Chauhan said
Questioning the need for the Bill, Chhattisgarh Chief Minister Raman said it went against the federal spirit as it will directly interfere with the legitimate authority of states.
"The proposed Bill has many structural loopholes. The biggest problem is that this Bill is against India's federal structure. The national authority set up with the help of this Bill will have the power to issue directions to any state authority for any investigation," he said.
He said that the power of maintaining law and order situation stays with a particular state and changes in this system will bring unfavourable results in the long term.
Uttarakhand Chief Minister Ramesh Pokhriyal Nishank asked the Prime Minister and Home Minister P Chidambaram to give up their desire to pass the Bill in its present form, saying the legislation would be a "big blow" to national integration.
Punjab Chief Minister Prakash Singh Badal said the Bill that the government was trying to bring could lead to "avoidable confrontation" between the Centre and states as sections of it were a "direct transgression of states' authority".
He also particularly expressed opposition to provision for invoking Article 355.
With no signs of an end to the standoff that started on August 29, the company has decided to give the current workers time till Monday to sign the "good conduct bond" before replacing them with new workers.
"From Tuesday onwards the company will start hiring trained technicians, who will be on the permanent rolls, to replace the current workers who refuse to sign the bond," a source close to the management said.
When contacted MSI spokesperson declined to comment.
Production has been severely hit at the first plant in Manesar since August 29 when the management prevented workers from entering the unit without signing a 'good conduct bond' after alleged "sabotage" and deliberate quality compromise on some cars.
The bond required the workers to declare that they would "not resort to go slow, intermittent stoppage of work, stay-in-strike, work-to-rule, sabotage or otherwise indulge in any activity, which would hamper the normal production in the factory".
So far, 81 workers have signed the bond but majority of them have refused to sign it. MSI has about 2,500 workers at the first plant in Manesar and around 1,000 of them are permanent.
During the first two days of the stand-off, MSI dismissed five permanent workers. In addition, it suspended 26 permanent workers and discontinued the services of another 18 trainees on charges of sabotage and causing quality problems in cars.
Last evening, Haryana Labour Commissioner Satwanti Ahlawat said that the good conduct bond, which the company management is insisting its workers at Manesar plant to sign, is as per rules.
"Whatever the bond that the management (MSI) is asking its workers to sign is as per rule and workers will have to sign it," she told PTI, adding the state labour department was persuading the workers to rejoin work as soon as possible.
Besides, MSI's parent Suzuki Motor Corp (SMC) has also stood behind the company with Chairman Osamu Suzuki ruling out any compromise on discipline.
Suzuki had told representatives of Maruti Udyog Kamgar Union (MUKU), the elected union of Maruti Suzuki India (MSI) that the management of the Indian arm would not accept any indiscipline in the company.
"Indiscipline is not tolerated... not in Japan, not in India. It is never in the interest of any company and its people," Mr. Suzuki said.
The CPI(M) on Saturday said CAG report on production sharing contracts with Reliance Industries has"again exposed the nexus" between policy-makers and big business and demanded taking back of 95 per cent of exploration area in KG Basin.
Demanding a series of steps on the basis of the findings of Comptroller and Auditor General, it said 95 per cent of exploration area "illegally retained by RIL in gross violation of Production Sharing Contract" should be taken back.
The CAG report on the Performance Audit of Hydrocarbon Production Sharing Contracts for on-shore and off-shore oil and gas blocks has "once again exposed the nexus between the policy-makers and big businesses that has matured under the UPA government," the CPI(M) Polit Bureau said in a statement.
It sought imposition of penalties on RIL "for gold-plating contracts and cornering almost the entire share of the profit petroleum", immediate prosecution of former Director General of Hydrocarbons (DGH) and other officials and a probe into the Petroleum Ministry's role.
The party demanded changes in the contracts to prevent misuse and a review of the new exploration licensing policy, saying the entire purpose of the policy "gets defeated if private parties are allowed to retain exploration area".
Auditor General rebukes Reliance contention
SPECIAL CORRESPONDENTSHARE · COMMENT (1) · PRINT · T+
The institution has been auditing ONGC and Oil India for several decades
The contention of Reliance Industries Limited (RIL) questioning the competence and scope of the Comptroller and Auditor General (CAG) to carry out an audit of its KG basin facilities was strongly rebuked by the CAG which said the audit was to verify if government revenues were protected.
Time and again, RIL had had challenged the scope, extent and coverage of CAG audit at various points, including as late as the exit conference the top auditor held in July to conclude the audit.
"We do not agree with the operator's (RIL) views regarding our audit scope, extent and coverage," CAG said in its final report tabled in Parliament on Thursday.
The company had stated that CAG's scope was limited to verification of charges and credits (authenticity of expenditure) and inspection of books and records and did not permit an audit of the operational, commercial and technical decisions. "One of our key audit objectives was to verify whether the revenue interests of the government (including royalty and share of profit petroleum) were properly protected. Verification of charges and credits relating to the contractor's activities were not merely limited to an arithmetical totalling.
"Such an exercise would extend to verifying whether the costs being depicted in the production sharing contract (PSC) accounts by the contractor, which would critically affect the determination of profit petroleum and government's share therein, are correctly determined," it said. The CAG said all its enquiries and findings emerge from and were limited to the PSC. "We do not profess to go into a procedure or policy-related aspects leading to the conclusion of the PSC.
The challenge of the operator (RIL) with regard to the experience of CAG in conducting audit of oil and gas exploration and production is unwarranted. This institution has been conducting audit of ONGC as well as Oil India for several decades and the collective audit expertise is adequate to meet the challenges of scrutiny of hydrocarbon PSC, it added.
In its response to the issues raised by RIL, the Petroleum and Natural Gas Ministry in July, 2011, had agreed that the scope of audit conducted by the CAG was within the common audit parameters and indicated that financial or accounting audit also envisaged review of activities and resources contributing to financial events and the controls thereon.
Keywords: Reliance Industries, Auditor General, CAG report
http://www.thehindu.com/business/companies/article2436542.ece
G8 promises 38 billion dollars for West Asia democracy
DPASHARE · PRINT · T+
APInternational Monetary Fund (IMF) managing director Christine Lagarde, left, talks with Tunisian Finance Minister Jelloul Ayed at the Deauville partnership meeting in Marseille, southern France. Photo: AP
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Qadhafi may be gone but Libya's struggles go onSyrian city under siege as U.N. urges actionMubarak returns to court, first witnesses to testifyVoices in the Muslim world 10 years after 9/11TOPICS
diplomacyinternational relationssummit
economy (general)G8
economy, business and financeeconomy (general)
politics
Representatives of several Mediterranean countries were involved in talks, as were leaders of the Transitional National Council, which is working to fully oust the regime of Muammar Qadhafi from Libya.
Four West Asian nations that have seen moves towards more democratic governance this year are set to receive 38 billion dollars in aid for further reform from the Group of Eight (G8) nations, the German Press Agency dpa has learned.
The money would go to Tunisia and Egypt - where uprisings forced regime change earlier this year - and to Morocco and Jordan, where monarchs have liberalized laws in the face of growing unrest. Along with unrest in countries like Syria and Yemen, the movement is commonly known as the Arab Spring.
The move comes as G8 nations - the United States, Canada, Germany, Britain, France, Italy, Japan and Russia - met in Marseilles, France, on the sidelines of a Group of Seven (G7) summit, which excludes Russia, on the world economy.
The talks were being conducted with representatives of several Mediterranean countries, as well as leaders of the Transitional National Council, which is working to fully oust the regime of Muammar Qadhafi from Libya.
The G8 aid is seen as part of an ongoing effort to support the move to democracy in the region. Billions of dollars of aid have been promised. Aid is to take the form of development bank credits, bilateral aid from G8 countries, and assistance from other Arab nations like Saudi Arabia, Kuwait and Qatar.
Keywords: West Asia crisis, Arab Spring, G8 Summit, Deauville partnership
NEW DELHI, September 10, 2011
Violent protests a big challenge: Chidambaram
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PTIUnion Home Minister P Chidambaram addresses the 15th National Integration Council (NIC) meeting in New Delhi on Saturday.
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There can be no let-up in vigilance: ManmohanTOPICS
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Home Minister P. Chidambaram on Saturday said the use of violence as an instrument of protest was the biggest challenge before the country.
While the old evils such as communalism, casteism and parochialism remain, there are new challenges as well, he said in his address at the National Integration Council meeting here.
"The biggest challenge is the use of violence as an instrument of protest or an instrument of change. Insurgency, militancy and terrorism threaten to unravel the idea of India," he said.
The Home Minister said it was natural to focus on violent attacks of terrorist groups but attention must be given to the violence unleashed by ideologically-driven Left wing extremists and recalcitrant separatist groups in Northeastern states.
While referring to the agenda being discussed at the meeting, Mr. Chidambaram said each one of the four agenda items has the same underlying theme — violence which threatens to destroy the foundation of our national life.
The issues being discussed at the NIC meeting include communal violence a visible example of primeval attitudes of groups that seek to dominate or subjugate other groups and discrimination against minorities.
The other issues being discussed at the meeting include radicalisation of youth in the name of religion and that caste emboldens them to take to the path of violence.
"I would like to ask this Council to guide us on how to deal with the issues that are included in the agenda. In particular, I would like to ask you whether the institutions that we have — of both government and civil society — are adequate to meet these grave challenges and, if they are not, how do we strengthen these institutions or set up new institutions," Mr. Chidambaram said.
Keywords: National Integration Council meeting, Maoists, Chidambaram, Northeast insurgency
NEW DELHI, July 11, 2011
SIAM calls for labour reforms
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The HinduMinister for Heavy Industries & Public Enterprises, Praful Patel, with Venu Srinivasan (R), CMD, TVS Motors at the Round Table meeting with CEOs of Automotive Industry, in New Delhi on Monday. Photo: Shiv Kumar Pushpakar
Auto sector to see investments worth Rs.250,000 crore: Praful Patel
The Society of Indian Automobile Manufacturers (SIAM) on Monday said domestic passenger car sales saw its slowest growth in 27 months in June at 1.62 per cent due to high loan interest rates. Another reason behind it was production loss due to strike at the Manesar (Haryana) plant of largest carmaker Maruti Suzuki, prompting SIAM to call for reforms in labour laws and allowing lay-offs of employees during a slowdown with adequate unemployment benefits.
"In June 2011, car sales stood at over 1.43-lakh units…this is the slowest growth rate since March, 2009, when the increase was just 1.16 per cent. All the segments grew moderately. Interest rate hike and rising fuel prices have affected the consumers' decision to buy vehicles," SIAM President Pawan Goenka told journalists here.
The auto industry has started slowing down in this fiscal with the passenger car segment growing by only 7 per cent in May. Before that, that car sales grew by just single digit was in June, 2009, at 8.23 per cent. The passenger vehicle segment's lower than expected performance was also because of the 13-day long strike at the Maruti Suzuki's plant in June that had resulted in production loss of about 12,600 units. "Maruti is the market leader in the car segment. The production loss due to the major strike at its plant affected the entire segment's performance. Tata Motors' sales were also down," Mr. Goenka added.
Talking about labour reforms, Mr. Goenka said it was high on the agenda of SIAM for quite some years. "We don't have any policy on laying-off during slowdown. Labour problems hamper the employment prospects of permanent staff," he said.
The SIAM President also pointed out that the auto companies should be encouraged to have more permanent employees like in the U.S., where the firms were allowed to fire them in case of a slowdown and a government fund takes care of them for a certain period or till they join a new job. "Something similar is needed here. Permanent employees have to grow. The law should give the flexibility to handle the number of people during slowdown that means laying-off," Mr. Goenka added.
PTI reports
20 million new jobs
The Centre on Monday said the Indian automobile industry was expected to invest about Rs.250,000 crore in the next ten years, by which time the four-wheeler segment was estimated touch ten million units annually.
"There will be a significant investment worth Rs.250,000 crore in the next ten years in the auto sector. It will create 20 million jobs by 2020. We are keen to see orderly growth and sustainable growth," Minister for Heavy Industries and Public Enterprises Praful Patel told reporters here.
The production of four-wheelers was expected to grow to ten million units annually by 2020 from 2.5 million units currently, he added.
"Current turnover of the (auto) industry is $75 billion, while exports are worth $11 billion. It is a major contributor to the manufacturing sector in India, contributing close to 21 per cent," Mr. Patel said after meeting the top executives of various auto companies.
He said the government would set up various task forces on issues related to taxation, land acquisitions, labour unrests and skill development for the auto industry.
When asked about the extension of the DEPB scheme, Mr. Patel said: "We have already taken it up and are going to be in further talks with Department of Revenue."
The Duty Entitlement Passbook (DEPB) scheme, providing incentive to exporters, was extended by the government till September 30. Earlier, it was scheduled to expire on June 30.
He, however, said the continuation of the scheme was a question of larger policy framework of the government as it was not only restricted to the auto sector.
When asked about the disinvestment in ailing PSUs, Mr. Patel said, "We have only decided in-principle (for HMT Bearings). Of course, the government will take the decision at the Cabinet, but HMT Bearings is one of the companies which could be looked at."
Keywords: Car and bike sales, Indian automobile industry
BUSINESS » COMPANIES
NEW DELHI, September 8, 2011Manesar plant problem is political issue: Maruti Suzuki
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This June 2011 photo shows workers shouting slogans during a strike at Maruti's Manesar plant. Photo: Kamal Narang
Terming the labour problem at its Manesar plant as a "political issue", car-maker Maruti Suzuki India on Thursday said it will not compromise on its established norms for industrial relations while attempting to resolve the disturbance.
"My understanding is that the Manesar labour problem is essentially a political issue and not a problem which involves any significant demand from the workers," Maruti Suzuki India (MSI) Chairman R.C. Bhargava said at the company's 30th Annual General Meeting here.
Since it is a political problem, its resolution will be based on Maruti's established principles for industrial relations, he added.
"We do not intend to compromise on that. We have been talking to the workers and we have made it clear to them that we will not compromise," Mr. Bhargava said.
The company, however, expect to sort out the issue at the earliest possible, he added.
Production has been severely hit at the first plant in Manesar since August 29 when the management prevented workers from entering the unit without signing a 'good conduct bond' after alleged "sabotage" and deliberate quality compromise on cars.
The workers, however, said the management was taking the steps in "revenge" for a 13-day strike in June demanding the recognition of a new union — the Maruti Suzuki Employees Union (MSEU) — at the plant located in Haryana.
During the first two days of the stand-off, MSI dismissed five permanent workers. In addition, it suspended 26 permanent workers and discontinued the services of another 18 trainees on charges of sabotage and causing quality problems in cars.
The plant has a total of about 2,500 workers, of which 950 are regular employees.
On average, the firm produces about 1,200 units of its Swift, A-Star and SX4 cars every day from the plant, where the labour troubles are centred.
Although limited production is going on, the loss suffered by MSI since the trouble surfaced is estimated at about 8,550 units, valued at about Rs 425 crore, as of September 7.
Earlier, in June, a 13-day strike demanding the recognition of the MSEU at the Manesar plant crippled output, with the company witnessing a production loss of 12,600 cars, valued at about Rs 630 crore.
Commenting on the domestic market situation, Mr. Bhargava said there has been a slowdown due to the cyclical nature of the automobile industry, which has been compounded by high interest rates and fuel prices.
"In the festive season, the market should move up and next year, it will be much better," he added.
Mr. Bhargava also said the lack of a proper auto fuel policy, especially regarding the pricing of diesel, has prevented auto companies from investing on engine plants.
In the absence of a clear roadmap on how diesel prices would be placed in future, he said MSI has been unable to decide on whether to invest on increasing production capacities for diesel or petrol engines.
Keywords: Maruti Suzuki, Manesar plant, workers strike
USINESS » COMPANIES
CHANDIGARH, June 15, 2011Haryana Labour department hopeful of resolving Maruti strike
PTISHARE · PRINT · T+
PTISecurity personnel stand in front of Maruti Suzuki plant in Manesar. File Photo
The Haryana Labour department on Wednesday said there is a possibility of the strike at Maruti Suzuki India's Manesar plant being resolved on Wednesday.
"There is a possibility of ending the standoff between both the parties (workers and management) today as we are working hard on resolving the matter," a senior official of the Haryana Labour Department told PTI.
The official, seeking anonymity, asserted that the department had kept an "open mind" on sorting out the issue and efforts were being made to commence production at the Manesar facility as soon as possible.
Officials of the Haryana Labour Department are going to hold a fresh round of talks with the management of Maruti Suzuki in the afternoon today to break the deadlock.
"We are going to hold a meeting with the management of the company in the afternoon in order to end the standoff between both the parties," the official informed.
The management of the company has maintained its stance on not allowing the formation of a non-affiliated union at the Manesar plant. However, the workers have been demanding the recognition of a new union, the Maruti Suzuki Employees' Union, at the Manesar facility.
On June 4, Maruti Suzuki workers at the Manesar plant went on strike demanding the recognition of the new union. The strike has caused heavy losses for Maruti, with production at the Manesar plant completely shut down.
Maruti had sacked 11 employees for allegedly provoking other employees to go on strike.
On June 10, the Haryana government imposed a ban on the strike by issuing prohibiting orders under the Industrial Dispute Act and had referred the matter to the Labour Court.
However, the Haryana Labour Department official said the department wanted the matter between the workers and management to be resolved amicably instead of through the Labour Court.
"We want both the parties to reach a compromise rather than the matter going to court," official informed.
The ongoing strike had also cast its shadow on the working of ancillary units which had been supplying auto parts to Maruti. The discontinuation of production in Maruti has "forced" auto component suppliers to shut down their units and has led to a pile up of inventory of auto parts.
The shut down of the plant may also affect revenue generation for the state exchequer. Maruti Suzuki India paid tax on inputs and on sales, including inter-state sales, to the tune of Rs 780 crore and Rs 525 crore, respectively, to Haryana for the year ending December 31, 2010. It also got tax credit of Rs 255 crore in the same period.
Keywords: Maruti Suzuki Manesar plant, Haryana Labour Department, labour strike
Maruti strike: Dasgupta urges Manmohan to intervene
SPECIAL CORRESPONDENTSHARE · COMMENT (2) · PRINT · T+
Communist Party of India MP and AITUC general secretary Gurudas Dasgupta on Sunday sought Prime Minister Manmohan Singh's intervention to end the stand-off between Maruti Suzuki and its striking workers. Mr. Dasgupta wrote a letter to Dr. Singh even as the AITUC gave a call for a two-hour tool-down strike on Tuesday in support of the striking employees at the Gurgaon-Manesar unit of Maruti Suzuki.
Recalling his earlier entreaties, the CPI leader complained to the Prime Minister about alleged anti-labour practices adopted by the Maruti management. He charged that it never cared for Indian laws, particularly labour laws and governments.
'Basic right denied'
He regretted the manner in which both the Central and State governments downplayed the "nefarious game" of Maruti "aimed at making money, denying even the basic right of having a trade union, withholding congenial service conditions, and even forcing them to work at low wages." Stating that 11 workers were dismissed and workers were squatting inside the factory, Mr. Dasgupta urged Dr. Singh to intervene.
Keywords: Maruti Suzuki, Manesar plant, labour strike
http://www.thehindu.com/news/national/article2099307.ece
BUSINESS » COMPANIES
NEW DELHI, June 12, 2011Maruti softens stand, workers say reinstate sacked colleagues
PTISHARE · PRINT · T+
PTIEmployees stand in front of Maruti Suzuku plant during their agitation in Manesar on Saturday.
In the first signs of a resolution to the over week-long strike at its Manesar plant, Maruti Suzuki India on Sunday said it is willing to recognise the new union -- the main demand of the workers.
The workers also said they are willing to end the stir provided 11 of their sacked colleagues are reinstated.
"One of the possibilities is to have individual local plant unions with an umbrella governing council that has members taken from the local plant's union," MSI Managing Executive Officer (Administration) S Y Siddiqui said.
It is understood that the governing council will take part in charting out future company policies in order to avoid worker unrest.
The company, however, was silent on the demand for reinstating the sacked workers, although sources said it was unlikely that they would be taken back.
Maruti Suzuki Employees Union (MSEU) General Secretary Shiv Kumar claimed that the company management has agreed to reinstate five out of the 11 sacked workers, but the union is demanding that all of them be taken back.
"If they (management) can take back five, why not all the 11? We are willing to end the strike if all of them are taken back," he said.
Meanwhile, the All-India Trade Union Congress (AITUC) said workers in the Gurgaon-Manesar industrial belt will hold a two-hour tool-down strike on Tuesday in support of their striking colleagues at the MSI Manesar plant.
"Public meetings will be held tomorrow at different factories in the Gurgaon-Manesar belt. On Tuesday, there will be a two-hour tool-down strike in about 60-65 factories in the region," AITUC Secretary D L Sachdev told PTI.
Sachdev, along with AITUC General Secretary Gurudas Dasgupta, had met Haryana Chief Minister Bhupinder Singh Hooda twice last week over the strike at MSI's plant.
Different workers' unions, including those from Hero Honda, Honda Motorcycle and Scooter India and Rico Auto, have been supporting the strike at MSI's plant.
Around 2,000 workers at MSI's Manesar plant have been on strike since June 4, demanding the recognition of a new union -- Maruti Suzuki Employees Union (MSEU) -- formed by those working at the Manesar plant, among other things.
Cracking the whip, the company fired 11 workers for allegedly inciting others to go on strike.
The company is set to enforce the no work-no pay policy, although it would not necessarily strictly apply the eight days salary deduction for every day of strike, a source said.
On the eighth day of the strike on Saturday, the loss to the company mounted to about Rs 390 crore for 7,800 units. The factory is closed on Sunday.
Keywords: Maruti Suzuki, Manesar plant, labour strike
NEW DELHI, July 16, 2011
Maruti's Manesar plant workers boycott union election
PTISHARE · PRINT · T+
PTIMaruti Suzuki's IMT Manesar plant. File photo
In a clear sign of lingering tension with the management, workers at Maruti Suzuki India's Manesar plant have boycotted the union election of the company held on Saturday saying they will go ahead to form their own body.
The workers, who had gone on a 13-day-long strike on June 4 under the aegis of Maruti Suzuki Employees Union (MSEU) demanding recognition of their association, said they will not recognise the outcome of the "management stage-managed" poll of Maruti Udyog Kamgar Union (MUKU).
MUKU is the sole recognised union of the company and is dominated by workers at the Gurgaon plant.
"Three candidates have been put up by the management from the Manesar plant. There are arrangements for the poll but none of our members are taking part in it," Maruti Suzuki Employees Union (MSEU) General Secretary Shiv Kumar told PTI.
He said instead, MSEU will go ahead with its plans to form the union for which it has filed application to the Haryana government's labour department.
"The verification process for MSEU is on and once that is complete, we hope to get our union number soon," Kumar added.
When contacted a company spokesperson said: "The elections are an internal matter of the union. Maruti Suzuki management is only providing administrative support to the election process".
On June 4, Manesar plant workers went on a strike demanding recognition of their new union, MSEU. Maruti Suzuki India (MSI), during the strike, had lost production of 12,600 units, valued at about Rs 630 crore.
After 13 days of deadlock, it was called off following intervention of Haryana Chief Minister Bhupinder Singh Hooda with the management agreeing to take back 11 sacked employees and cut down the 'no work no pay' rule of eight day's salary cut for every single day of the strike to three days.
The agreement, however, had left the main issue of formation of union by the workers at Manesar plant open-ended with both sides making counter claims.
While the workers said they can go ahead and form a new union, the management had categorically ruled it out.
Kumar said MUKU, being dominated by the workers at MSI's Gurgaon plant, is not a true representative of the Manesar plant workers and it has been unable to address their concerns.
The Manesar plant rolls out about 1,200 units every day in two shifts. The factory produces hatchbacks Swift and A- Star and sedans DZiRE and SX4.
Keywords: Maruti Suzuki, Manesar plant, union election
NEW DELHI, July 28, 2011
Maruti's Manesar plant workers go on strike again
PTISHARE · PRINT · T+
PTIMaruti Suzuki employees agitating for recognition of their new union at the company's plant in Manesar. File Photo
Just over a month after they called off a 13-day-long stir that resulted in a loss of about Rs 630 crore, workers at Maruti Suzuki India's Manesar plant went on strike again this afternoon.
The workers resorted to a strike when five of them were suspended for "allegedly assaulting a supervisor" on Wednesday.
When contacted, a company spokesperson said: "One of the supervisors was assaulted by workers yesterday and when disciplinary action was being taken by way of suspension today, they have struck works at the plant. The number of workers on strike are much less this time."
It is understood that the five suspended workers had been issued a showcause notice by the management.
The workers, however, insisted it is not a full-scale strike.
"We observed a one-hour tool-down strike protesting against forcible eviction of four colleagues by police," a worker at the plant said.
Out of them, three are office bearers of the Maruti Suzuki Employees Union (MSEU), including General Secretary Shiv Kumar, he added.
A production loss of about 50 units was suffered on account of the one-hour tool-down strike, a worker said.
Earlier, on June 4, workers at the plant had gone on a 13-day-long strike demanding the recognition of a new union, the Maruti Suzuki Employees Union (MSEU).
Keywords: Manesar plant, Maruti Suzuki, employee union, labour strike
NEW DELHI, June 17, 2011
Strike at Maruti's Manesar plant called off
PTISHARE · PRINT · T+
The 13-day strike at the country's largest car maker Maruti Suzuki India's (MSI) Manesar plant in Gurgaon was called off late on Thursday night following a deal brokered by Haryana Chief Minister Bhupinder Singh Hooda between the workers and the management.
As part of the deal, MSI will reinstate all the sacked 11 workers and take a lenient approach on enforcing no-work-no-pay rule of eight day's salary cut for every single day of the strike.
On the other hand, the worker's have conceded to the management's demand of not allowing the formation of a second union in the company.
"Agreement has been signed and workers have decided to call off the strike. They will resume work from tomorrow", Haryana Labour Secretary Sarban Singh said.
He said the company has decided to reinstate all the 11 sacked employees and a disciplinary inquiry will be initiated against them.
On June 4, the workers went on a strike demanding recognition of a new union, Maruti Suzuki Employees Union (MSEU), formed by those working at the Manesar plant.
Currently, the company has one recognised union — Maruti Udyog Kamgar Union which is dominated by workers at the Gurgaon plant.
Retaining the contract labourers for the two upcoming new units inside the Manesar complex was another demand.
Keywords: Maruti strike, Manesar plant
LABOUR » labour dispute
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In the first signs of a resolution to the over week-long strike at its Manesar plant, Maruti Suzuki India on Sunday said it is willing to recognise the new union -- the main demand of the workers. »KADAPA, June 12, 2011
RIMS outsourced staff stage protest
Outsourced staff of Rajiv Gandhi Institute of Medical Services hospital continued their protest for the second day on Saturday demanding payment of salaries for the last four months. They b... »HYDERABAD, May 20, 2011
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The proposals of the G. R. Majithia Wage Boards for journalists and non-journalists would be sent by the Labour Ministry to the Cabinet in a week, Union Labour and Employment Minister Mallik... »MUMBAI, May 4, 2011
Strike enters eighth day, AI operations crippled
The operations of the national carrier remain disrupted as the striking pilots refuse to budge from their positions.About 40 flights are in operation as the airline cancelled almost 90 per cent of its 320 daily services. »NEW DELHI, May 2, 2011
Air India pilots strike caused by two key demands not being met, show CLC records
The Indian Commercial Pilots Association (ICPA) submitted that they had served a strike notice on February 23, proposing to go on indefinite strike with effect from March 9, 2011 to press th... »MADURAI, April 29, 2011
High Court ruling on calculating pension for government servants
A government servant who resigns from one department to take up a job in another with due permission is entitled to full pension by calculating the service rendered by him in both the departments,... »Pages: « 1 2 3 4 5 › »
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The collage of Chief Ministers who skipped the 15th meeting of the Prime Minister-led National Integration
NEW DELHI, September 3, 2011
Maruti impasse continues
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The HinduIn a move to raise production volumes, the Maruti had commenced part production of cars in Plant B at the Manesar plant. Photo: Kamal Narang
Production was affected for the sixth day in succession at Maruti Suzuki India Limited's Manesar unit amid contradicting claims by the management and workers on car production and the infusion of external workers at the plant.
MSIL said in a statement on Saturday that with 800 workers on board, a total of 150 cars were produced on the day. The corresponding number of cars produced was 125 on Friday, 100 on Thursday, and 60 on Wednesday, indicating a steady but slow ramp-up of production at Manesar, but nowhere near the normal production capacity of 1,200 cars daily.
"The company brought in another batch of 125 Industrial Training Institute-trained and experienced people on Saturday. This takes the current strength now available for production to 800. With weld operations in Plant B in place now, and 800 trained and experienced people available, Maruti Suzuki has produced 150 cars…The company will continue to scout for more trained workers in coming days," an MSIL statement said.
However, workers sitting on dharna outside the plant and objecting to the Good Conduct Bond that the management insists they sign before joining duty, said they were "eager" to resume work, but would not sign the bond.
Maruti Suzuki Employees Union executive member Sunil Dutt reiterated the workers' earlier statements that no production was going on at the Manesar unit and that no workers from outside had been brought in to ramp up production. Mr. Dutt claimed that office-bearers of the Guraon-based Maruti Udyog Kamgar Union came to meet the Manesar workers on Saturday and assured them that they will raise the workers' issues with the management on September 5.
Keywords: Maruti labour dispute, Manesar unit
Communal Violence Bill biased against majority community: Gowda
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PTIKarnataka Chief Minister Sadananda Gowda and Madhya Pradesh Chief Minister Shivraj Singh Chouhan at the 15th National Integration Council (NIC) meeting in New Delhi. Photo: PTI
Terming the proposed Communal Violence Bill as "one-sided" and "clearly biased" against the majority community, Karnataka today asked the Centre to hold "serious consultations" with State governments and public on the legislation.
Contending that the proposed Bill could in fact do more harm to communal harmony rather than serve as a deterrent to communal violence, Karnataka Chief Minister D.V. Sadananda Gowda said the Central law would not only infringe on the powers of the state governments but could also be politically misused.
Addressing the National Integration Council, Mr. Gowda said the state has "serious concerns" about the Bill whose idea itself goes against the "very spirit" of our Constitution.
"I have no hesitation to say that the proposed bill is one sided and clearly biased against the majority community. It appears that the offences committed by the members of the majority community against members of the minority community are punishable whereas identical offences committed by the minority groups against the majority are treated much more lightly," he told the gathering.
A linguistic or religious minority group in one region could be a majority group in another region, he said, and claimed that the proposed Bill presumes that there is uniformity in the groups across regions.
"This very approach is flawed and needs to be discarded…It is clear that the proposed Bill has several deficiencies and certainly requires serious consultations with the state governments as well as the public at large," Mr. Gowda said.
Keywords: Communal Violence Bill, National Integration Council meeting, NIC meet, Sadananda Gowda
Send Communal violence Bill draft, then seek views: Mayawati
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Uttar Pradesh Chief Minister Mayawati on Saturday criticised the Centre for seeking views of the state government on the Prevention of Communal and Targeted Violence Bill without providing a draft of the bill to it.
"It is important to tell that the Centre has not sent the proposed communal violence bill to the state government. Hence it is not the opportune moment to comment on the Bill," Ms. Mayawati said in a written speech read out at the National Integration Council meeting.
She said reports appearing in the media are creating confusion in the minds of the people about the bill.
"It will be appropriate if the Centre forwards the draft bill to the state governments and then seek their views on it," she said.
Pointing out that the state government had demanded 642 companies of central forces after the Babri Masjid-Ram Janmbhoomi decision but only 52 companies were provided, she said, "Still communal harmony prevailed in the state due to smart police arrangement in the state."
Ms. Mayawati said the state government is running a number of schemes for uplift of the minority community in the state by protecting their fundamental rights and taking care of their educational, cultural, economical requirements.
"The state has enacted the UP Minority Commission amendment Act 2007 to protect rights of minority community. The state is also helping in modernisation of 'madarasas' enabling them to impart education in modern subjects in addition to religious education," she mentioned.
She said a number of schemes are being launched in the state to protect the interests of the marginalised group.
Keywords: communal violence bill, Mayawati, National Integration Council meeting
CPI(M) appeals political parties to shun communal politics
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The HinduCPI(M) General Secretary Prakash Karat. File photo: S. Subramanium
Favouring a law to curb communal violence, the CPI(M) today appealed to political parties to avoid "all forms of communal politics" saying there was a "direct link" between communalism and terrorism in India.
Politics "sought to be given the garb of nationalism is nothing but majority communalism," Party General Secretary Prakash Karat said at the 15th meeting of the National Integration Council. "Minority communalism also mirrors this approach and weakens secularism," he added.
"Till political parties eschew all forms of communal politics, the problem of communalism will remain," he said, adding that terrorism could be successfully combated "only when communalism and religious extremism are firmly checked."
Observing that a major source of terrorism was religious extremism and communal hatred, he said it was "not enough to say 'terrorists have no religion' when we know that religious extremism and communalism are breeding grounds for terrorism. There is a direct link between communalism and terrorism in India."
Stressing the need for legislation on communal violence, he said it should give teeth to the administrative and legal measures that have to be taken to curb communal violence and ensure speedy punishment for the perpetrators.
However, the law should be in keeping with the federal principle wherein the state governments have the primary responsibility of maintenance of law and order and policing.
Such a measure should only focus on 'communal violence' and "not broaden itself to other forms of conflicts and violence", Mr. Karat said.
Keywords: Communal Violence Bill, National Integration Council meeting, NIC meet, CPI (M), Prakash Karat
Nip communal violence Bill in the bud: Jayalalithaa
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The HinduTamil Nadu Chief Minister J. Jayalalithaa. A file photo
Tamil Nadu Chief Minister Jayalalithaa has written to all the non-Congress Chief Ministers, requesting them to oppose the Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2011.
In a statement, Ms. Jayalalithaa said it had been reported in the media that the Centre was planning to introduce the Bill in the current session of Parliament. She charged that the Bill, in the garb of preventing communal and targeted violence, was another blatant attempt by the United Progressive Alliance (UPA) government at the Centre to totally bypass the State governments and invest all powers with the Central government.
"LOOK AT THE REAL INTENTIONS"
A copy of her press statement on the "real motives" behind the Bill has been sent to all the non-Congress, non-DMK MPs. She appealed to all right-thinking political parties and MPs to look at the real intentions of the UPA government in having piloted the Bill and unite in throwing this Bill out at the introduction stage itself.Keywords: Communal violence Bill, Jayalalithaa letter
http://www.thehindu.com/news/national/article2313676.ece
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The HinduNOT MUCH TO SMILE ABOUT NOW: Shivshankar Menon (left), with U.S. Under Secretary Nicholas Burns and U.S. Ambassador David C. Mulford (right), during a break in their negotiations in 2007. India feels the U.S. is now about to "derogate" from the landmark nuclear agreement. Photo: V. Sudershan
NSG all set to up-end India's clean waiver
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U.S. diplomatic cables originating from Islamabad and New Delhi, accessed by The Hindu through WikiLeaks, clearly suggest that India was concerned about U.S. plans to exit from Afghanistan, and its possible repercussions on India's security »'Pakistan's actions at the UN may embolden other member states to oppose U.S. positions'
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INDIA-US RELATIONS
Don't leave Afghanistan, India told U.S.
U.S. diplomatic cables originating from Islamabad and New Delhi, accessed by The Hindu through WikiLeaks, clearly suggest that India was concerned about U.S. plans to exit from Afghanistan, and its possible repercussions on India's security »U.S. surprised, happy at SAARC observer offer
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Draft of contention
Shobhan Saxena, TNN | Jul 3, 2011, 12.21AM ISTOn Thursday, victims of the 2002 Gujarat riots got the shock of their life as the state government claimed that crucial riot records, including phone transactions, vehicle logbooks and official movements, had been destroyed. It was a huge setback for the victims and their families who have been waiting for justice for nine years. It also shocked the legal fraternity. Many of them ask how the government could destroy the documents when "a judicial probe into the Godhra train carnage and the post-Godhra communal riots in the state is yet to submit its final report."
"This wouldn't have happened if we had a law which held public servants accountable for their actions. You can't prosecute them for dereliction of duty. You can't easily get sanction for their prosecution. In India, the law still protects state from people," says Vrinda Grover, a Delhi-based human rights lawyer. "We need a complete turnaround. I hope the proposed bill on prevention of communal violence takes care of this," she says.
The latest draft of Prevention of Communal and Targeted Violence Bill, likely to be introduced in Parliament's upcoming monsoon session, proposes that if there is no response to a request for sanction for prosecution of a public servant within 30 days, "sanction to prosecute will be deemed granted". That will be a big change.
The draft of the bill has been hanging fire since 2005, when it was first drawn up by the UPA government. After howls of protest from certain quarters, the National Advisory Committee has now made 49 amendments to its earlier draft. Though in its definition of communal and targeted violence, the NAC has dropped the reference to "destruction of the secular fabric", the main opposition party BJP is still accusing the UPA of indulging in "minority appeasement".
In a note on the draft bill circulated last week, the BJP dubbed it as "dangerous", "draconian", "discriminatory" and "damaging" to India's federal policy. And senior BJP leader Arun Jaitley went to the extent of saying that this "law would harm inter-community harmonious relations".
Is that right? Is the proposed bill all about so-called minority appeasement?
In a country with multiple religions, languages, ethnic groups and castes, the word 'minority' is a relative term. "Biharis constitute a linguistic minority in Maharashtra and Assam, where they have been vulnerable to attacks based on their regional and linguistic identity, but they are dominant in Bihar. Similarly, in several states in the Northeast, Punjab and Jammu & Kashmir, Hindus are numerically a religious minority," says Harsh Mander, member of NAC, dismissing the charge of minority appeasement. In fact, the draft doesn't divide people into 'majority' and 'minority' categories. It describes "hate-based targeted violence" as attacks on a "non-dominant group in a state, based either on language or religion, or on a member of a Scheduled Caste or Scheduled Tribe."
But it's not just the BJP which has questioned the bill. Even former judges of the Supreme Court have criticized the amended draft which was released last week. Questioning the need for a separate law to check communal violence, former Chief Justice of India Justice J S Verma said there was a "need to identify lacunae in present laws, if any, and make amendments. We have enough laws, in fact, the maximum in the world."
This kind of criticism, according to members of drafting committee, misses the point. "The Bill is only concerned with ensuring that when the group under attack is non-dominant then the officers of the state must not be allowed to let bias breach their impartiality," says Mander. "Communal and targeted violence spreads mainly because the public officials charged with preventing it either fail to act or act in a biased manner."
Even people like Grover, who had opposed the first draft of the bill, see it as a positive move. "We need to define the chain of command responsibility. In most cases, the junior officers get caught and punished and the higher ups go scot-free. We need to adopt international standards in such matters," says Grover.
The draft not only takes care of this lacunae in Indian law, it also casts legal duties on the state to "provide rescue, relief, rehabilitation, compensation and restitution to victims." Right now, says Grover, compensation depends on the whims of politicians and babus. That may change now. "This Bill provides that compensation shall be paid within 30 days from the incident, and in accordance with a schedule," says an NAC member.
Also the charge that the bill will violate India's federal structure doesn't hold ground as the draft clearly states the "all powers and duties of investigation, prosecution and trial remain with the state governments."
Why then the draft has become so controversial? Is it because of the word 'communal' in the bill? As it deals with hate crimes against non-dominant groups, will it be a good idea to call it hate crimes bill? "Yes, it will help if we change the name of the bill," says Mander. "The idea is to make sure that different kinds of minorities - the non-dominant groups - do not become victims of targeted violence."
http://timesofindia.indiatimes.com/home/sundaytoi/specialreport/Draft-of-contention/articleshow/9081310.cms
The proposed Communal Violence Bill, which was discussed at the National Integration Council (NIC) meeting on Saturday, intends to prevent and control targeted violence against the Scheduled Castes, the Scheduled Tribes and religious and linguistic minorities.
According to the draft bill prepared by the National Advisory Council (NAC), the legislation is intended to enhance state accountability and correct discriminatory exercise of state powers in the context of identity-based violence.
The explanatory note on Prevention of Communal and Targeted violence (Access to Justice and Reparations) Bill, 2011, prepared by NAC, lists its key provisions:
Dereliction of duty by public servants: The bill recognizes offences of both omission and commission. Public servants who act or omit to exercise authority vested in them under law and fail to protect or prevent offences or act with malafide and prejudice shall be guilty of dereliction of duty with penal consequences.
Defining communal and targeted violence: The provisions of this Bill will apply only when it is first established that the offence was 'targeted' in nature. Offences under the Indian Penal Code shall be considered offences under this bill when they meet the definition of 'targeted'.
Breach of command responsibility: The bill seeks to ensure that the power of holding command over the actions of others is indeed upheld as a sacred duty, and that there is culpability for those who are 'effectively in-charge'. The chain of command responsibility may extend to any level where effective decisions to act or not act are taken.
Sanction for prosecution of public servants: The bill proposes that if there is no response to a request for sanction for prosecution within 30 days from the date of the application to the concerned government, sanction to prosecute will be deemed granted. In relation to certain offences under the Indian Penal Code, 1860, when committed by a public servant, the requirement of obtaining sanction is being dispensed with.
Monitoring and accountability: Monitoring and grievance redressal shall be the responsibility of theNational Authority for Communal Harmony, Justice and Reparation (NACHJR) and corresponding State Authorities for Communal Harmony, Justice and Reparations (SACHJR).
The monitoring mechanism of national and state authorities will also provide the 'paper trail' to ensure robust accountability of public officials in a court of law.
Composition of the NACHJR: The bill proposes that NACHJR will have seven members of which four must belong either to a linguistic minority or religious minority in any state or to the SCs or STs. No more than two members of the NACHJR may be retired public servants.
Offences of communal and targeted violence: The Indian Penal Code (IPC) contains most offences committed during episodes of communal and targeted violence. These have been appended in a schedule to the bill and shall be considered offences when they meet the threshold of being 'knowingly directed against any person by virtue of membership of a group'.
The brutal forms of sexual assault (beyond the limited IPC definition of rape) and torture have been included in the bill. Additionally, it defines hate propaganda.
Victims' Rights: This bill seeks to strengthen the rights of the victim in the criminal justice system, through certain provisions in their struggle for justice.
Relief and Reparation including compensation: All affected persons, whether or not they belong to non-dominant groups in a state have been given justiciable rights to immediate relief, and comprehensive reparations, including compensation if they suffer any harm as a result of any offence of communal and targeted violence recorded under this Bill.
No compensation for death shall be less than Rs 15 lakh. No compensation for rape shall be less than Rs 5 lakh.
The federal principle: Advisories and recommendations of NAJCHR are not binding on state governments. All powers and duties of investigation, prosecution, and trial remain with the state governments.
Terming the proposed Communal Violence Bill as "dangerous", the BJP on Saturday opposed the legislation at the National Integration Council meeting here, saying it presumes that the majority community is always responsible for such riots.
"We feel that the Communal Violence Bill is a dangerous Bill as it harms the federal structure of the Constitution. It allows the Centre to hold all the powers. Moreover, it does not consider anybody a citizen and treats a person only as one belonging to either a majority or a minority," leader of opposition in the Lok Sabha Sushma Swaraj told reporters.
Her Rajya Sabha counterpart Arun Jaitley and chief ministers of three BJP-ruled states -- Ramesh Pokhriyal Nishank (Uttarakhand), Sadanand Gowda (Karnataka) and Raman Singh (Chhattisgarh) -- echoed these sentiments at the NIC meeting.
The BJP made it clear that the Bill in its present form, which has been drafted by UPA Chairperson Sonia Gandhi-led National Advisory Council, should not come to Parliament.
"You will write off a person as a criminal, just because he or she is born in a majority community and you will presume that a person would be a victim only because you are born in a minority community. This bill is very dangerous," Swaraj said.
The main opposition insisted that if passed, this legislation will encourage communal tension instead of reducing it, as it seeks to divide the country into majority and minority communities.
"The draft bill presumes that the majority community is unjust, and the minority community is the victim. But in our country, various sections of community are in a minority in one state and a majority in another state. The provisions of the Bill will go against the majority community in various states," Swaraj said.
Swaraj said that a person should be judged by his character and style of working, and not by the religion in which he or she is born.
She insisted that it is wrong for the proposed Act to presume that those belonging to the majority community are always guilty of starting communal violence.
"It is also wrong to assume that a person born in a particular community would belong to the majority everywhere in the country. Some communities are a majority in one region and a minority in another," the BJP leader said.
Citing examples, she said Christians may be a minority in north India but are a majority in some north-east states. Similarly, the Muslims would be a majority in some pockets and a minority in others.
The BJP also argued at the NIC meeting that a discussion on communal violence at this juncture was not at all relevant as there have been no instances of such acts in the recent past.
"There have been two major terror incidents in Mumbai and Delhi recently. The incidents of naxal attacks are also on the rise. Therefore, today's agenda is not relevant as there has been no incident of communal violence in the country in the recent past. A discussion on naxalism and terrorism would have been more productive," Swaraj said.
She also pointed out that holding a meeting of the NIC once in three years make the body virtually redundant and this should be an annual affair. The last NIC meeting was held in 2008.
The All India Muslim Personal Law Board (AIMPLB) is at loggerheads with the Congress-led UPA government. The board made it public by announcing to launch an agitation against some of the government's most publicized legislation and proposed measures.
The Board is upset by several clauses in the Right to Education Act, 2009, Waqf Amendment Bill 2011, Communal Violence Bill and Direct Taxes Code Bill, 2011.This has come at a time whenCongress general secretary Rahul Gandhi is on a march in western UP to win over farmers andMuslims.
At a meeting held in Lucknow, the AIMPLB passed a resolution, stating that various provisions in Waqf Property Bill were incomplete. It said that the proposed Waqf Development Agency would have an adverse impact on the Waqf properties and the income would have to be shared, which would further hamper the interests of the Muslim community.
On Right to Education Act (RTE), the AIMPLB's resolution said that it would take away the rights of the minority institutions to offer religious education and mother tongue learning. The board has demanded that the madarssas and minority institutions should be exempted from the RTE Act 2009. About Direct Tax Code Bill, the AIMPLB expressed its difference on the grounds that it is going to end the concession given to the religious places, religious institutions, and charitable societies and anjumans in tax payment.
The AIMPLB is opposed to the draft bill on communal violence which ignored the role of provocative speeches, articles and rumours that often triggered communal violence. The bill is silent on identifying and punishing those responsible for making hate speeches, writing hate articles and fuelling rumours. Unless this provision is included, the communal violence bill will not serve any purpose, it stated.
According to Zafaryab Jilani, series of protest meetings will be held across the country including Lucknow over these issues after the month of Ramzan by AIMPLB. Protests and rallies would be held, starting from western UP from July. Such protests would be held in all major cities of the country. Muslim clerics and community leaders will expose UPA government's double standards on issues related to Muslims.
The AIMPLB's announcement assumes significance in the light of recent comments made by Union minister and Congress leader Salman Khursheed. He reportedly said that implementation of Sachar Committee report will lead to ghettoisation of Muslims. His observation was slammed by Muslim leaders across the country.
What has added to the worries of Congress is Samajwadi Party chief Mulayam Singh Yadav's announcement to support demands of the AIMPLB. Recently, AIMPLB member Kamal Farooqui joined the SP. Farooqui is also associated with several eminent Muslim organisations including All-India Milli Council.
Vendors extend help to Maruti operations at Manesar facility
Amrit Raj, amrit.r@livemint.com
With Maruti Suzuki India Ltd struggling to produce cars at its Manesar plant due to a labour issue, help is coming from its parts suppliers. Over the past week, vendors have sent 22 workers to the car maker's facility.
"Yes, we have taken some help from vendors. We have deployed them at our plants for quality checks," a spokesperson for Maruti said.
A similar exercise was carried out in 2000-01 when workers at Maruti's Gurgaon plant went on a three-month strike demanding a revision of incentive-linked pay and the reinstatement of suspended employees.
Maruti has halted production at the Manesar factory saying it will only allow in those workers who have signed a "good conduct bond", citing indiscipline and sabotage over the past two months following a strike in June.
The car maker has increased its temporary workforce from 340 as on 30 August to more than 1,000 workers as the lockout entered its 13th day on Friday. Last week, it started snap recruitments to augment production at the plant. The latest lockout has hit production of at least 15,000 cars, according to the company spokesperson.
At least 2,500 workers—both permanent and contract—are locked out outside the plant.
"Whatever is happening at Manesar is very unfortunate. It may impact our business, but we know that we have grown with the company and Maruti has protected our interest on time-to-time basis," said Deepak Chopra, chief executive, Anand Group, which supplies steering equipment to the car maker.
"We are sending our workers to work at Maruti's plants...a slowing demand gives us some room to extend our support to Maruti during this crisis," he said.
Osamu Suzuki, chairman of Japan's Suzuki Motor Corp., the parent of Maruti, said the company will not compromise on discipline. Suzuki, on a visit to India, conveyed this in a meeting with the representatives of Maruti Udyog Kamgar Union, the elected union body of Maruti Suzuki workers that operates from the Gurgaon plant. "Indiscipline is not tolerated…not in Japan, not in India," Suzuki told the union members.
JBM Auto Ltd and Caparo India, too, have sent workers to Maruti's plant. Caparo officials were not immediately available for comment. Nishant Arya, executive director, JBM Auto, credits the cooperation to measures taken after a labour strife a few years earlier.
"The labour unrest during 2008-09 in Gurgaon-Manesar industrial belt was gruesome. Although we were not hit by that, Maruti was quick to understand the problem. All of us—top management to factory workers—went through a series of relationship-building processes initiated by a leading consultancy that was hired by Maruti," recalls Arya. "Maruti has been there every time. So you name a crisis and it has stood up for us. So this time all of us are with the company."
The latest developments at the Manesar factory are a continuation of the labour unrest that began in June when workers struck work for 13 days demanding the recognition of a new labour union, the Maruti Suzuki Employees Union.
On Friday, Maruti's stock declined 2.5% to Rs.1,103.05 on BSE. The Sensex dropped 1.74% to 16,866.97 points.
http://www.livemint.com/2011/09/09213029/Vendors-extend-help-to-Maruti.html?atype=tp
- Posted: Sat, Sep 3 2011. 6:08 PM IST
Maruti rolls out 150 cars from Manesar, labour issue continues
As the company is working with less manpower since last Monday, start of weld operations at Manesar Plant B will help in ramping up production and overall volumes
PTI
The country's largest carmaker Maruti Suzuki India on Saturday said it rolled out 150 cars from its Manesar plants with another batch of 125 people joining production operations, even as the impasse between management and workers at the first unit of the facility continues.In a move to raise production volumes, the company had commenced part production of cars in Plant B at the Manesar plant on Friday.
"The company brought in another batch of 125 ITI-trained and experienced people today," Maruti said in a statement, adding that the current strength of people now available for production is 800.
As the company is working with less manpower since last Monday (29 August), start of weld operations at Manesar Plant B will help in ramping up production and overall volumes, it added.
"With weld operations in Plant B in place now, and 800 trained and experienced people available, Maruti Suzuki has produced 150 cars," the company said.
On Friday, the company had produced 125 cars from Manesar Plant A and Plant B.
MSI on an average produces about 1,200 units of Swift, A-Star and SX4 every day from the plant. On this basis, the production loss suffered by MSI so far since Monday is estimated at about 5,625 units, valued at over Rs. 280 crore.
The production at the Manesar plant has been affected since Monday after the company decided to force workers to sign a 'good conduct bond´ before entering the factory premises, following alleged "sabotage" and deliberate quality compromise with cars produced last week.
On the first two days of the stand-off, MSI dismissed 5 permanent workers. Besides, it also suspended 26 permanent workers and discontinued the services of another 18 trainees on charges of sabotage and causing quality problems in cars.
SAIL to pump Rs. 20,000 cr in West Bengal by 2012
SAIL is setting up a 2.5 million tonne plant at Burnpur at a cost of Rs.16,000 crore and it would be completed in June 2012. A sum of Rs. 4,000 crore would be invested in Durgapur Steel Plant (DSP) and Alloy Steels Plant
Steel Authority of India Ltd (SAIL) on Saturday said its proposed Rs. 20,000 crore investment plan for capacity expansion in West Bengal would be completed by June 2012.
The expansion will involve various steel companies in the state, SAIL chairman C S Verma said here on Saturday after meeting chief minister Mamata Banerjee.
SAIL is setting up a 2.5 million tonne plant at Burnpur at a cost of Rs. 16,000 crore and it would be completed in June 2012, he said.
A sum of Rs. 4,000 crore would be invested in Durgapur Steel Plant (DSP) and Alloy Steels Plant. DSP's capacity would be augmented to 2.5 million tonne from 2 million.
SAIL is also implementing a 0.5 million tonne clean steel project in association with Kobe Steel of Japan at Alloy Steels Plant at a cost of Rs.1,500 crore.
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SEPTEMBER 8, 2011, 4:46 A.M. ET
Maruti May Build New Plant in Gujarat
By SANTANU CHOUDHURY
NEW DELHI -- Maruti Suzuki India Ltd. may construct a new factory in the western state of Gujarat in its first attempt to geographically diversify its manufacturing base in this potential growth market for automobiles.
India's largest auto maker by sales may decide in the next two to three months on building the Gujarat factory, Chairman R.C. Bhargava said.
He said a delegation from the company, including Osamu Suzuki, chairman and chief executive of Maruti's parent Suzuki Motor Corp., will meet Gujarat Chief Minister Narendra Modi and other senior government officials later Thursday to discuss the proposed factory.
Maruti's plans to build a plant in Gujarat come amid labor problems at its Manesar factory in the northern state of Haryana, which have crimped production of one of its best-selling models, the Swift hatchback. The auto maker will also benefit from Gujarat's established port infrastructure to export its cars worldwide, unlike the landlocked Haryana state.
"This is still at an exploratory stage," Mr. Bhargava said, adding that the company is also studying other locations in India for the new factory, but declined to give details.
Maruti chief executive and managing director Shinzo Nakanishi said in May that the company plans to invest about 60 billion rupees ($1.3 billion) building a new plant that will open after 2015 and eventually have an annual capacity of one million vehicles.
On Aug. 29, the company halted operations at Manesar after it asked 950 workers belonging to the so-called Maruti Suzuki Employees Union to sign a "good conduct bond" before they could enter the factory. The move came after Maruti said it discovered "serious and deliberate" quality problems in cars made at the plant.
Several workers have yet to sign the bond, leading Maruti to hire new workers. The auto maker has employed 870 supervisors, engineers and new workers so far at Manesar.
Maruti said Wednesday it has decided to make the Swift hatchback at its factory at Gurgaon, also in Haryana, due to the continued labor problems at Manesar.
Addressing shareholders at Maruti's annual general meeting Thursday, Mr. Bhargava said "my understanding of Manesar is that it is a political problem." He said talks are continuing with workers but didn't say when a resolution would be reached.
A senior Gujarat government official, who didn't wish to be named, also said a delegation from Maruti Suzuki will be visiting the state later Thursday.
—Anirban Chowdhury contributed to this article.Write to Santanu Choudhury at santanu.choudhury@dowjones.com
http://online.wsj.com/article/SB10001424053111903285704576557621443978418.htmlAdvani yatra: Team Anna speak in different voices
RALEGAN SIDDHI: Team Anna Hazare members on Saturday appeared to be talking in different voices over support to senior BJP leader LK Advani's proposed yatra against corruption.
Asked about Advani's plans to launch a campaign, activist Kiran Bedi said "we will support anybody who supports our cause. There is no question of party in this."
Later when he was asked about Bedi's remarks, another activist Arvind Kejriwal said what they want was "not a yatra but passing of Lokpal Bill".
"All political parties which are opposed to corruption, should come together to get the bill passed. They should ensure that their MPs vote in Standing Committee and Parliament for Jan Lokpal bill," he said.
Kejriwal said there appears to be some misunderstanding. "We are not supporting any political party," he said.
10 SEP, 2011, 06.15AM IST,
Global war on terror: Enormous and avoidable price of 9/11
By Joseph E Stiglitz, University Professor,Columbia UniversityRELATED ARTICLES
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The September 11, 2001, terror attacks by Al Qaeda were meant to harm the US, and they did, but in ways that Osama bin Laden probably never imagined. President George W Bush's response to the attacks compromised US' basic principles, undermined its economy and weakened its security.
The attack on Afghanistan that followed the 9/11 attacks was understandable, but the subsequent invasion of Iraq was entirely unconnected to Al Qaeda - as much as Bush tried to establish a link. That war of choice quickly became very expensive - orders of magnitude beyond the $60 billion claimed at the beginning - as colossal incompetence met dishonest misrepresentation.
Indeed, when Linda Bilmes and I calculated US' war costs three years ago, the conservative tally was $3-5 trillion. Since then, the costs have mounted further. With almost 50% of returning troops eligible to receive some level of disability payment, and more than 6,00,000 treated so far in veterans' medical facilities, we now estimate that future disability payments and healthcare costs will total $600-900 billion. But the social costs - reflected in veteran suicides, which have topped 18 per day in recent years, and family break-ups - are incalculable.
Even if Bush could be forgiven for taking the US, and much of the rest of the world, to war on false pretences, and for misrepresenting the cost of the venture, there is no excuse for how he chose to finance it. His was the first war in history paid for entirely on credit. As the US went into battle, with deficits already soaring from his 2001 tax cut, Bush decided to plunge ahead with yet another round of tax 'relief' for the wealthy.
Today, the US is focused on unemployment and the deficit. Both threats to the US' future can, in no small measure, be traced to the wars in Afghanistan and Iraq. Increased defence spending, together with the Bush tax cuts, is a key reason why the US went from a fiscal surplus of 2% of GDP when Bush was elected to its parlous deficit and debt position today. Direct government spending on those wars so far amounts to roughly $2 trillion - $17,000 for every US household - with bills yet to be received increasing this amount by more than 50%.
Moreover, as Bilmes and I argued in our book, The Three Trillion Dollar War, the wars contributed to US' macroeconomic weaknesses, which exacerbated its deficits and debt burden. Then, as now, disruption in west Asia led to higher oil prices, forcing Americans to spend money on oil imports that they otherwise could have spent buying goods produced in the US.
But then, the US Federal Reserve hid these weaknesses by engineering a housing bubble that led to a consumption boom. It will take years to overcome the excessive indebtedness and real-estate overhang that resulted.
Ironically, the wars have undermined US' (and the world's) security, again in ways that bin Laden could not have imagined. An unpopular war would have made military recruitment difficult in any circumstances. But, as Bush tried to deceive US about the wars' costs, he underfunded the troops, refusing even basic expenditures: say, for armoured and mine-resistant vehicles needed to protect American lives, or for adequate healthcare for returning veterans. A US court recently ruled that veterans' rights have been violated. (Remarkably, the Obama administration claims that veterans' right to appeal to the courts should be restricted!)
http://economictimes.indiatimes.com/opinion/comments-analysis/global-war-on-terror-enormous-and-avoidable-price-of-9/11/articleshow/9930629.cms
10 SEP, 2011, 10.06PM IST, REUTERS
US stronger 10 years after 9/11 attacks: Barack Obama
10 SEP, 2011, 10.06PM IST, REUTERSUS stronger 10 years after 9/11 attacks: Barack Obama
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Read more on »World Trade center|Pentagon|Barack Obama|9/11
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WASHINGTON: President Barack Obama said on Saturday the United States was stronger 10 years after the Sept 11, 2001, attacks and Americans would "carry on" despite continued threats against their safety.
Marking Sunday's 10th anniversary of the " 9/11" attacks on New York, Washington and Pennsylvania, Obama noted that al-Qaida's strength had been sapped by relentless US efforts in the decade since the tragedy killed nearly 3,000 people.
"Thanks to the tireless efforts of our military personnel and our intelligence, law enforcement and homeland security professionals, there should be no doubt: today, America is stronger and al Qaeda is on the path to defeat," Obama said in his weekly radio and Internet address.
New York police amassed a display of force on Friday, including checkpoints that snarled traffic in response to intelligence about a car or truck bomb plot linked to the anniversary.
Obama noted that terror groups would continue to target the United States.
"Yes we face a determined foe, and make no mistake -- they will keep trying to hit us again. But as we are showing again this weekend, we remain vigilant," he said.
"We're doing everything in our power to protect our people, and no matter what comes our way, as a resilient nation, we will carry on."
Rudolph Giuliani, the mayor of New York at the time of the attacks, said the country still had work to do to become better prepared for further threats.
"People often ask me, 'Is America safer now than it was before September 11?' The answer is: 'Yes, but not as safe as we should be,'" he said in the weekly Republican address.
"We've made significant improvements in intelligence gathering and in airport security. But much work remains," he said, citing port security and preparedness levels at state and local governments as requiring improvement.
LEGACY OF AN ATTACK
Obama will travel to all three sites on Sunday where hijackers turned planes into missiles, bringing down the twin towers of the World Trade Center in New York, hitting the Pentagon in Virginia and crashing into a Pennsylvania field.
The attacks sparked US-led wars in Afghanistan and Iraq, the latter of which Obama, a Democrat, opposed.
"They wanted to draw us in to endless wars, sapping our strength and confidence as a nation. But even as we put relentless pressure on al-Qaida, we're ending the war in Iraq and beginning to bring our troops home from Afghanistan," he said. "Because after a hard decade of war, it is time for nation building here at home."
Giuliani, who made a failed bid for the 2008 Republican presidential nomination, said the attacks showed the importance of a US military presence abroad, and he indicated he opposed a hasty withdrawal of forces from those two war zones.
"The (drawdown) timetable should not be based on a politically expedient calendar, but on when we've eliminated the threat of domestic attacks being generated in that particular part of the world," he said.
"We must not allow impatience to prevent our military from achieving its objective in Iraq and Afghanistan -- and the objective is the elimination of the threat to our nation."
http://economictimes.indiatimes.com/news/politics/nation/us-stronger-10-years-after-9/11-attacks-barack-obama/articleshow/9936477.cms
Gold price pushes foreign exchange reserves to $320.78 billion high
MUMBAI: Foreign exchange (forex) reserves rose by $1.61 billion to hit an all-time high of $320.78 billion for the week ended Sep 2 on the back of nearly $3 billion jump in the value of gold reserves, official data showed.
The forex reserves kitty has risen for the third consecutive week. The reserves had increased by $955 million in the previous week.
The value of gold reserves soared by $2.97 billion to $28.32 billion, according to the weekly statistical supplement of the Reserve Bank of India (RBI).
Gold prices have risen sharply in recent month, leading to a sharp jump in the value of gold reserves. Gold price surged to an all-time high of $1,921.15 an ounce early this week.
The increase is also an indication that the RBI has increased gold holding to hedge against the currency risk in view of the volatility in global economy and fragile nature of the major currencies, especially US dollar and euro.
However, all other components of the forex reserves kitty declined during the week under review.
Foreign currency assets, the biggest component of the forex reserves kitty, declined by $1.32 billion to $284.87 billion during the week ended Sep 2. The foreign currency assets rose by $944 million in the previous week.
The foreign currency assets expressed in US dollar terms include the effect of appreciation or depreciation of non-US currencies such as the pound sterling, euro and yen held in reserve.
The value of special drawing rights (SDRs) declined by $24 million to $4.61 billion and reserves with the International Monetary Fund (IMF) fell by $16 million to $2.97 billion.
10 SEP, 2011, 10.02PM IST, CHIDANAND RAJGHATTA,TNN
India, US enjoy a natural friendship, says Barack Obama
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WASHINGTON: Suggestions that US-India relationship is on ice was mitigated to some degree with US President Barack Obama telling New Delhi's new ambassador to Washington that he saw the "US-India strategic partnership as a defining and indispensable collaboration for the 21st Century."
The US President made the remarks when Nirupama Rao, who arrived here earlier this week as India's new envoy, presented her credentials to him at the White House Oval Office on Friday. Obama said, according to the Indian Embassy, that the two countries "enjoy a natural friendship" and that the India-US partnership "has proven to be dynamic and broad and serves to advance peace and prosperity in Asia and the world."
While the remarks may appear to be pro-forma given that a dozen envoys presented their credentials on Friday, including the Libyan ambassador to Washington, it allays some concern about what a few analysts have suggested is a downslide in relations.
Apprehension that the ties, galvanized around the US-India civilian nuclear deal, have fallen off the radar arose from lack of high level activity, including progress on the nuclear agreement. Washington is also yet to post a full-time accredited ambassador to New Delhi following the departure earlier this year of Tim Roemer, with charge d'affaire Peter Burleigh holding the fort.
While some experts attribute the inactivity on the US-India front to lack of movement on the nuclear front and arms acquisition calls by New Delhi that did not favor Washington (sending US into a sulk), others have pointed to Indian diffidence in responding to the US challenge to play a more assertive role in Asia. Increasingly, US analysts and lawmakers want India to take a more active role in Afghanistan beyond merely advancing developmental goals in Kabul. They also want India to be a strong counterpoint to China.
While not rejecting such propositions outright, New Delhi has preferred to lie low and play its cards close to its chest, preferring not to be seen as a US pawn against China. Absence of a full time US envoy in New Delhi has not helped.
Meanwhile, India, unhindered by the long confirmation process that ties up US nominations, has been quick to send Rao in place of Meera Shankar, who finished her stint here last month. Like Shankar, Rao too served as a junior official (Minister, Press) in Washington DC the 1994-1996 timeframe. The fact that India has posted two accomplished women to Washington back-to-back has not gone unnoticed or unremarked here.
Shortly before President Obama embarked on his visit to India, the gamut of US-India ties were handled by women with Nirupama Rao as foreign secretary, Meera Shankar as the US ambassador and Gaitri Kumar as joint secretary (America). The fact that women constitute a powerful section of India's governance, from the Congress President to some half-dozen chief ministers is a source of much admiration in the US, despite the generally dismal gender related metrics.
http://economictimes.indiatimes.com/news/politics/nation/india-us-enjoy-a-natural-friendship-says-barack-obama/articleshow/9937960.cms
10 SEP, 2011, 09.35AM IST, SMRITI SETH,ET BUREAU
India set to gain as China losing manufacturing edge due to rising labour costs
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NEW DELHI: India is poised to win back the manufacturing territory it had lost to China as the giant north-eastern neighbour loses some of its competitive edge due to rising labour costs.
In segments like electrical goods, household goods, clocks and many textile items, Indian manufacturers have got back some of the market they had lost to cheaper Chinese imports and are now looking to challenge the dragon in foreign markets.
"As China loses its edge, buyers have started looking at India for competitive prices," said John Baby, CEO,Funskool India, a leading manufacturer of toys.
Imports of electrical goods from China into India dropped 26% last year, as cost pressures made them less competitive in the price-sensitive Indian market. Worker wages have appreciated more than 100% between 2003 and 2009 in China compared with a more sedate rise of around 40% during the same period in India.
Indian manufactured goods ranging from mobile phones to garments and toys are gaining greater global acceptance as their Chinese counterparts become more expensive, but these are still very early days.
The steady appreciation of the yuan-3% this year itself-has further made Chinese goods costlier, opening doors for India to push its electronic goods, garments and other labour-intensive products into global markets.
India's export of electronic goods rose 56% while its import of Chinese electronic goods fell 32% during 2010-11. "Some customers have started buying less from China due to its rising costs. This has brought incremental business to us," said Sudhir Dhingra, chairman and managing director of Orient Craft, one of the largest Indian garment exporters.
China's one-child policy, in force for more than 30 years, has started pushing up wages as the workforce shrinks- average age of its population is around 35 years, compared with India's 25 years. Even big MNCs are planning to expand production in India to cater to domestic and foreign markets, as rising Chinese costs make India more attractive.
"Owing to the growing potential of the Indian market, we have been expanding our production capacities and manufacturing investments. Going forward, linked with the development of the vendor eco system in India and its cost competitiveness, we are looking at making India the global manufacturing hub for the region," said JS Shin, CEO, Samsung, southwest Asia. Trade expert Biswajit Dhar emphatically endorses the trend, predicting a 'Made in India' phase in world trade.
"India may become the next best thing for low-end goods as MNCs will start to move to India due to rapidly rising wages in China," said Dhar, who heads Research and Information Systems in Developing Countries, a thinktank. In an attempt to maintain their share in world trade, Chinese producers have started shifting focus towards higher-value goods, for which they can charge higher prices.
To India's advantage, this has left a vacuum in the lower and middle end of the value chain, which was earlier predominantly occupied by China. Experts believe this is an unprecedented opportunity for India, as no other country has comparable human resources.
CONSTITUENT ASSEMBLY OF INDIA - VOLUME IX
Saturday, the 3rd September 1949
The Constituent Assembly of India met in the Constitution Hall, New Delhi, at Nine of the Clock. Mr. 'Vice-President (Shri V. T. Krishnamachari) in the Chair.
List III (Concurrent List) Entry 2-A
Mr. Vice-President (Shri V. T. Krishnamachari) We are now doing entry 2-A of the Concurrent List.
Mr. Naziruddin Ahmad (West Bengal: Muslim) Mr. Vice-President, Sir, I would seek your permission to make a verbal change in my amendment No. 290. No. 289 has been moved by Mr. Kamath. I wish to move the next entry and I seek your permission to make a slight verbal alteration. I know that the amendment will never be accepted-that it will not even be considered. So there is no harm in making the amendment look better. May I have your permission to substitute for the words "overthrow of the Government by force" in my amendment, the words "security of the State" ? The wording "security of the State" seems to be more proper and the change is only verbal.
Mr. Vice-President: Yes.
Mr. Naziruddin Ahmad: Sir, I beg to move
The Honourable Dr. B. R. Ambedkar (Bombay: General) : Sir, may I suggest to my Friend that if he is prepared to accept the wording as I suggest now, namely, "connected with the security of the State" instead of the words "connected with stability of the Government established by jaw" I shall be prepared To accept it, because I find that that is exactly the language we have used in amended entry 3 in List I-We have. used he word "security of India" there. If my Friend is satisfied with the wording I have now suggested I shall be prepared to accept it.
Mr. Naziruddin Ahmad: I am grateful to Dr. Ambedkar, but this is exactly the change which I was asking to the Vice-President to permit me to make.
The Honourable Dr. B. R. Ambedkar: Your words were different.
Mr. Naziruddin Ahmad: I was going to move an amended amendment and that is exactly on the lines, word for word, as the one that Dr. Ambedkar now
The Honourable Dr. B. R. Ambedkar : Then there is nothing to speak about it. If my honourable Friend will move the amendment as I have suggested then I am prepared to accept it.
Mr. Naziruddin Ahmad: I must move my amendment.
Mr. Vice-President.: As Dr. Ambedkar is accepting it, is it necessary for the Honourable Member to move the amendment and speak on it?
Mr. Naziruddin Ahmad: If my honourable Friend fails to recognize that I was going to move an amendment which is correct and exactly corresponds to his ideas, I cannot help it. But let me move my amendment.Sir, I beg to move :
That in amendment No. 124 of List I (Sixth Week), in the proposed new entry 2-A of List III, for the words "stability of the Government" the words "security of the State" be substituted.
The expression "stability of the Government" is not proper.....
The Honourable Dr. B. R. Ambedkar: I do not think any argument is needed as I am accepting the amendment.
Mr. Naziruddin Ahmad : I know. But there is the House. I will say only one or two words. The expression "stability of the Government" is rather vague in the context of the new entry proposed by Dr. B. R. Ambedkar, namely, "preventive detention for reasons connected with the stability of the Government". "Government" and "State" are different things.
The Honourable Dr. B. R. Ambedkar : That is the reason why I have accepted it.
Mr. Naziruddin Ahmad: But, Sir, he has not made it clear as to why he has accepted it.
The Honourable Dr. B. R. Ambedkar: I have said that "security of the State' is the proper expression. So there is no necessity of an argument.
Mr. Vice-President: The amendment proposed by the honourable Member having been accepted, there is no need for elaborate arguments.
Mr.Naziruddin Ahmad : But the House should know. Why should there be so much nervousness about the exposure of bad drafting ? That is the point.
The Honourable Dr B. R. Ambedkar: If my honourable Friend is satisfied with an admission on my part that I have made a mistake I am
prepared to make it.
Mr.Naziruddin
Ahmad: It should be appreciated not merely by the House but by the world at large. Drafted as it is,- "stability of the Government"' may mean insecurity of the Ministry for which they might imprison the opposition.
The Honourable
Dr. B. R.Ambedkar :Very well, we have bungled. Is that enough ?
Mr. Vice- President
: I do not think there is any other amendment.
Shri Brajeshwar Prasad (Bihar : General) : I want to speak on the amendment. Mr. Vice-President, I rise to offer a few remarks on this new entry which has been proposed by the Chairman of the Drafting Committee.
This entry vests power into the hands of the Government of India to detain persons for reasons connected with the security of the State established by law and the maintenance of public order and services or supplies essential to the life of the community.
The power vested, in the hands of the Centre is of a very limited character. Over and above preventive detention, the Government of India has got no other power till the situation has deteriorated to such an extent that emergency provisions come into operation. The Government of India ought to, have been vested with more powers to nip the mischief in the bud. If the Government of India feel's that without its co-operation and assistance a State Government is not likely to deal effectively with outbreak of lawnessness, than it must have the power to step in and take command of the situation. It is sheer folly to circumscribe the limits of its jurisdiction. Concurrent powers over maintenance of public order is necessary in order to strengthen the forces of law and order. if we want that emergency provisions should not come into operation at all, it is necessary to enlarge the scope of the Central jurisdiction. Where there is a conflict between the forces of law and order and the claims of provincial autonomy, there should be no hesitation in choosing the former as against the latter.
I regret I do not find myself in agreement with Mr. Kamath here as well. His political doctrines are a strange mixture of Individualism Ind Philosophical anarchism. Both these doctrines have no place in our life. The challenge of the forces of collectivism are so strong and insistent that no political being, unless be wants to live in the land of lotus-eaters, can afford to pay even lip homage to the memory of Mill and Bakunin the torch-bearers of Individualism and Philosophical anarchism.
Mr. Vice-President: I will now put the amendment to vote.
The question is :
"That in amendment No. 124 of List I (Sixth Week), in the proposed new entry 2A of List III, for the words 'stability of the Government' the words 'security of the State be substituted."
The amendment was negatived.
The Honourable Dr. B. R. Ambedkar: Sir, the amendment as amended has to be put and not as in the Notice Paper.
Mr. Vice-President: I will now put amendment No. 124 as revised by Dr. Ambedkar. The question is :
"That after entry 2 of List III, the following entry be inserted:-
'2-A. Preventive-detention for reasons connected with the security of the State and the maintenance of public order and services or supplies essential to the we of the community; persons subjected to such detention.'
The motion was adopted.
Entry 2-A, as amended, was added to the Concurrent List.
Entry 3
The Honourable Dr. B. R. Ambedkar:
Sir, I move
"That for entry 3 of List III, the following entry be substituted:-
'3. Removal from one State to another State of prisoners, accused persons and persons subjected to preventive detention for reasons specified in entry 2A of this List."'
Mr. Naziruddin Ahmad: I am not moving amendment No. 291.
Mr. Vice-President: Amendment No. 292. The Member is not present and the amendment is not therefore. moved.
I will put Dr. Ambedkar's amendment to vote. The question is:
"That for entry 3 of List III, the following entry be substituted:-
'3. Removal from one State to another State of prisoners. accused persons and persons subjected
to preventive detention for reasons specified in entry 2A of this List."
The amendment was adopted.
Entry 3, as amended, was added to the Concurrent List.
Entry 4
The Honourable Dr. B. R. Ambedkar: I move
"That in entry 4 of List III, the words and figures for the time being specified in Part I or Part It of the First Schedule' be deleted. "Mr. Vice-President : There are no other amendments to this entry.
I will put the amendment to vote. The question is :
"That in entry 4 of List III. the words and figures 'for the time being specified in Part I or Part 11 of the First Schedule' be deleted."
The amendment was adopted.
Mr. Vice-President : The question is:
"That entry 4. as amended, stand part of List III."
The motion was adopted.
Entry 4, as amended, was added to the Concurrent List.
Entry 5
Mr. Vice-President: Mr. Kamath is not in his place. The amendment standing in his name (No. 293) is not moved.
Entry 5 was added to the Concurrent List.
Entry 6
Dr. P. S. Deshmukh (C. P. & Berar: General) : Sir, I move:
"That in entry, 6 of List III, after the word 'infants' the words 'care and protection of destitute and abandoned children and youth' be inserted."
or, alternatively,
'That in entry 6 of List III after the word 'infants' the words 'protection of childhood and youth against exploitation and against moral and material abandonment' be inserted."
Sir, this is my second attempt to bring in the care of children and young ones who are likely to be exploited or abandoned either morally or materially. Last time I moved an amendment that this entry be included in the exclusive powers of the Union. It may be said that it was a subject which need not be in the exclusive jurisdiction of the Centre. But I am now moving to include it as an item in List III so that both the States as well as the Centre can have concurrent jurisdiction in regard to this. It is likely to be urged that the words. "infants and minors" can be interpreted to include what I propose and that there would be sufficient scope to look after children and youthful persons under the entry as it is in the original draft as entry No. 6.
I had pointed out before and I beg to reiterate now that infants have a specific meaning and the word can by no means include all children. Again minors are persons who do not include all minor children ipso facto. "Minority" is something of a legal nature and it will therefore refer only to those persons who are minors under the law. Moreover, Sir, all these five words that you find in this entry "marriage and divorce; infants and matters; adoption" refer to their legal status and do not refer in any way whatsoever to their being given any care and protection.
Secondly, it will be found that there are provisions and entries so far as assisting religious organisations or literary, scientific and cultural institutions is concerned. Some of my friends drew my attention to entries 42 and 43 in the State List. Those two entries will be confined to giving financial assistance to these institutions. What I wish the Centre and the States to take up, however, is direct responsibility for looking_ after the welfare of the destitute and abandoned children. For this there is no specific provision and it will be very wrong at the present moment and under the present circumstances not to have a specific provision to this effect. If we examine legislation in foreign countries, we will find that every care is taken of this subject. As late as 1946 and 1948 the British Parliament passed new legislation on this subject.
There are two aspects of this question. We have had legislation in the provinces so far as delinquent children are concerned, but so far as the responsibility either of the provinces or of the Centre in respect of the abandoned and' destitute children are concerned, there has been no legislation whatever. The wording of article 31 is exactly what I have put in my amendment, "that childhood and youth are protected against exploitation and against moral 'and
material abandonment." It is said that the very fact that this is included in the Directive Principles of State Policy will give the Centre jurisdiction. I am not a at all convinced of this argument and I feel convinced as a matter of fact of the inadmissibility of this argument. The mere inclusion of this in the Directive Principles of State Policy does not mean that power for legislation has been given, more especially because ours is going to be come- sort of a Federation and it will always be arguable whether the responsibility for this is that of the Centre or the. provinces; and since this ambiguity will be there, I think, Sir, that it is very necessary that there should be some provision for this in the Concurrent List so as to make the responsibility for this both that of the States as well as of the Centre.
I have already given notice of a Bill to be moved in the Legislative Assembly and I have taken MY stand on the Directive Principles which have been embodied in the Constitution. If we do not have this entry, it may be urged that this is a thing which does not fall within the purview of the Centre; since Borstal institutions are subject-matters for the States, it is the States alone who are competent to deal with this and therefore legislation must emanate from the provinces. In order to avoid this ambiguity, in order to avoid this difficulty, in order to remove any obstacle in the way of looking after these children and youthful persons by the Centre also, I have urged that this entry should be there. If we examine legislation in other countries, we will find that they take care not only of children up to the age of 14 but that the age has been taken right up to 25. Their contention is that the State has now ceased to be a mere policeman and a judge and that it is becoming more and more of a social corporation and in a social corporation nothing can be more important than the care and protection of children and youthful persons.
From that point of view, it is absolutely necessary that this entry should be there. I hope that we will not have to waste time in bitter discussion over this matter as we did yesterday in trying to convince the sponsors and leaders of the Drafting Committee to accept the item with regard to the adulteration of food. This is more important, if I may say so, than even that entry and it will be a disgrace if for any technical reason or for any other reason this entry is opposed and is not accepted. I know that a large number of honourable Members of this House wish to support this entry and I hope therefore that without much discussion or debate it will be possible for the honourable Doctor to accept either of my two amendments. I would prefer the second to the first.
Shrimati G. Durgabai (Madras : General): Mr. Vice-President, Sir, I have great pleasure in supporting the amendment moved by my Friend, Dr. Punjabrao Deshmukh. I wish to say and also I appeal to the Drafting Committee and this House to realise the great importance of this subject. viz. the protection of children from exploitation or abandonment, and accept the principle behind it; I appeal more especially to the Drafting Committee to find a suitable entry for this subject. Unless the State takes up a direct responsibility to pass legislation on this matter, I do not think there will be adequate attention given to this subject. I know that they have not neglected this matter and the Chairman of the Drafting Committee would come forward to say that there are a large number of entries to this effect in all the three Lists and that sufficient protection is being given to the protection of children and the destitutes and the abandoned. I know that they have accepted this principle under the Directive Principles. Article 31. clause (vi), lays down the principle in the terms of the amendment now moved. It is the protection of children and youth against exploitation and against moral and material abandonment. Sir, this is exactly the language of the amendment which is moved by Dr. Punjabrao.
No doubt this principle has been
recognised under the Directive Principles. I should say that there is no use in simply recognising this principle under the Chapter on Directive Principles., It will remain a really pious declaration or intention on our part to do something in the matter of protection of children, but 'that is not sufficient. None of the entries has mentioned this subject. I' you examine all the three Lists, you do not find a definite entry to this effect in anyone of these Lists. In the absence of a definite entry on this matter, really there will not be adequate protection given to children. It will leave this matter in great confusion. You do not know who will legislate on this matter, whether it will be the Centre or the State or both.
Therefore, Sir, I would appeal to the Drafting Committee to see its way to include this matter in this Concurrent List or any other List.
Unless the State undertakes a direct responsibility there will be no good. , It is open to the State to come forward and make some subsidy or give some donation or some contribution to an Association either started by private enterprise or by a philanthropist for the protection of infants. We know how these associations are struggling for their daily existence and for lack of fund-, they are not able to get on well and in this manner these poor homes could no longer serve the cause of poor children. I do not know what kind of help they will get if the State does not take direct responsibility. This is not a matter which could be left to private enterprise, but the State must take direct responsibility. There is no good in our stating the Directive Principles, which will remain as pious declarations unless given effect to by the State.
It may be argued that there is penal law which deals with the matter. I ]mow that the criminal law deals with this matter of abandonment. I also, know, because I am conversant with it, how deep matters are going on. it is true that the persons who is charged with the offence of abandoning is really punished and he or she is sentenced for that offence. But what happens to the child that is abandoned ? That is the question. Where,, is it to go ? How long is it going to wait in search of somebody to come forward and take it for protection ? 'Therefore, Sir, it is a very dangerous thing. If only we leave the children to themselves, they will take to,beggary and also to 'many vices such as stealing and they would cultivate very bad habits. Therefore it is the duty of the State to come forward and help these children sufficiently in time, to see that they are developed well, because these children are our future hope and the nation depends upon these children, their good-manners, their upbringing, their good health and their strong character.
Sir, I tell you that if the Drafting Committee could find its way to make an entry for the protection of wild birds, I do not know whether the children could not come under the classification of even wild birds. 'therefore, if you see your way to give a particular place in the Constitution for wild birds, I appeal to you to see your way also to give protection to the children that are abandoned, by a suitable entry in the Constitution.
Shri Brajeshwar Prasad : 'Sir, I would like to speak before Dr. Ambedkar is allowed to reply on this entry.
Mr. Vice-President: Shrimati Durgabai, have you finished?
Shrimati G. Durgabai : I have finished. I have nothing further to say. I only wish that Dr. Ambedkar assures us that he will see his way to examine all the clauses in the Constitution for this purpose. Certainly he will find it easier to accept our proposition. He can include it in any list, we do not mind, but let us be assured that this entry finds its way into the Constitution and also there will be no further difficulty in accepting this principle. Sir, I appeal to the Drafting Committee and to the House to give recognition to this matter, realizing the great importance of this subject.
Shri Brajeshwar Prasad: Sir, I 'rise to support the amendment moved by my honourable friend Dr.
Deshmukh and supported by Shrimati Durgabai. If there is to be protection of childhood and youth against exploitation and against moral and material abandonment, the Government of India must be vested with the necessary powers. The Government of India must provide necessary facilities for birth-control, if we are to protect the future generation from exploitation both moral and material.
Secondly, Sir, I am definitely of the opinion that the profession of prostitution must be regulated on sound scientific lines. Sir, in 1938 I moved a resolution in the Gaya Municipality, when I was a member of that Municipal Board. The resolution was on the lines of amendment No. 252 standing in the name of Dr. P. S. Deshmukh. The resolution which I tabled in the Board was for the regulation and control of prostitution and maintenance of public houses. This resolution is on similar lines. But I am sorry to say that the resolution was disallowed by the President of the Municipal Board on the ground that it did not fall within the purview of the Municipal Board. Sir, I want that the Government of India and the Provincial Governments must take an interest in this matter regulate this profession so that the youth of the country may be protected from moral abandonment. There is another argument that I wish to place before this House. It is the duty of the State to nurse every child from the moment of its birth till he or she reaches the age of maturity. The State must provide education, medical facilities and means, of livlihood to each and every citizen living within the ambit of the Indian Union. The institution of family is undergoing rapid transfomation. I do not know what ultimate form it will assume, But I am quite clear in my own mind that today it is not in a position to protect childhood and youth against exploitation and against moral and material abandonment. It is incumbent therefore on the State to protect the youth of the country from all evil influences. Family, according to Plato, circumscribes the horizon of a man's love and affection. One nursed in the cradles of family life cannot but be an intellectual and moral dwarf. If man is to rise to the height of his being, be must be protected from the pernicious influences of family life. If he is to rise to grand heights and to develop all that is latent in him the institutions of private property and marriage, in conformity with the doctrine-, of Plato's Republic, will have to be wiped out. I support the amendment moved by Dr. P. S. Deshmukh.
The Honourable Dr. B. R. Ambedkar: Sir, there can be no doubt that the. amendment of my honourable Friend, Dr. Deshmukh, in so far as it seeks to interpolate certain words dealing with the protection of children in entry 6 are out of place because entry 6 no doubt refers to infants and minors, but it has to be borne in mind that taking the entry as a whole, that entry deals with status. In so far as the status of infants and minors are concerned, these categories arc included in entry 6, but "care and protection of destitute and abandoned children and youth" are not germane to their status.
Dr. P. S. Deshmukh: That was exactly why I had wanted to introduce an independent entry. There is an amendment already in my name which seeks to have an additional entry separately.
The Honourable Dr. B. R. Ambedkar : I was just going to deal with the amendment moved by him. These words could not be interpolated in this entry 6, without seriously damaging the structure of that entry No. 6. Therefore at this stage I certainly cannot accept the proposition of interpolating these words.
Now, Sir, I will deal with the general question of the protection of children. There can be no doubt about it that every Member in the House including myself and the members of the Drafting Committee could ever take any exception to the protection of children being provided for by the State, and there can be no difference of option, but the only question is whether in the list as framed by the Drafting Committee that matter is not already covered. In framing
these entries, what we have done is to mention and categorize subjects of legislation and not the objects or purposes of legislation.
Protection of children is a purpose which a legislature is entitled to achieve if in certain circumstances it thinks that it must do so. The question is whether under any of these entries, it would not be possible for the State to achieve that purpose, namely, the protection of children.
It seems to me that any one of these entries which are included in List I I could be employed by the State for the purpose of framing laws to protect children. For instance, under entry 2 of List II, administration of justice, it would be open for the State to establish juvenile courts for children.
Dr. P. S. Deshmukh : That is not what I meant. I never referred to juvenile Courts.
The Honourable Dr. B. R. Ambedkar: For instance, take prisons and formatory and Borstal institutions, they may be emplowered to establish special kinds of prisons where there would be, not the principle of punishment, but the principle of reformation. 'rake the case of education.
Shrimati G. Durgabai.: May I submit, Sir, the case of delinquent children stands absolutely on different tooting and from destitute and abandoned children ?
The Honourable Dr. B. R. Ambedkar: As I was saying entry 18, which deals with education in List II, could be used by the State for the purpose of establishing special kinds of schools for children including even abandoned ,children. Under entry 42, dealing with the incorporation of societies and so on, it would be open to the State to register societies for the purpose of looking ,after children or they may themselves start some kind of corporation to do this.
Therefore, if my friends contend that the statement, which I am making in all sincerity, that there is every kind of provision which the State may make for the purpose of protecting children under the entries which are include in List II, I think there is no purpose in having a separate entry dealing with the protection of children. As I stated, protection of children cannot be a subject of legislation; it can be the object, purpose of legislation.
Dr. P. S. Deshmukh: You have made provision for the protection of wild birds, even
The Honourable Dr. B. R. Ambedkar: I can quite see both of my Friends are very persistent in this matter. I would therefore request them to withdraw their amendment on the assurance that the Drafting Committee in the revising stage will go into the matter and if any such entry can be usefully put in any of the Lists, they will consider that matter and bring a proposal before the. House. At this stage, I find it rather difficult to accept it because I have not had sufficient time to devote myself to a full consideration of the subject which is necessary before such an entry is introduced.
Mr. Vice-President : Does Dr. Deshmukh wish to. press his amendment?
Dr. P. S. Dashmukh : I would like to request Dr. Ambedkar at least to say that by the time my next amendment for in independent entry is reached, he will be able to say something more favourable than be has been able to say now.
The Honourable Dr. B. R. Ambedkar: I will consider the whole matter.
Dr. P. S. Deshmukh : I do not press this amendment here in view of the fact that I am moving the Other amendment.The amendment was, by leave of the Assembly, withdrawn.
Mr. Vice-President :
The question is
That entry No. 6 stand part of List II."
The motion was adopted.
Entry 6 was added to the Concurrent List
Entries 7 to 14
Entry 7 was added to the Concurrent List.
Entry 8 was added to the Concurrent List.
Entry 9 was added to the Concurrent List.
Entry
10 was added to the Concurrent List.
Entry
11 was added4 to the Concurrent List.
Entry
12 was added to the Concurrent List.
Entry
13 was added to the Concurrent List.
Entry
14 was added to the Concurrent List.
Entry 15
The Honourable Dr. B. R. Ambedkar: Sir, I move:
"That for entry 15 of List III, the following entry be
substituted
'15. Actionable wrongs-"
The words which I seek to omit are really unnecessary.
Mr. Vice-President: The question is:
"That for entry 15 of List II, the following entry be substituted '
15. Actionable wrong$'.,,
The amendment was- adopted.
1Mr. Vice-President: The question is:
"That Entry No. 15, as amended, stand part of List III."
The motion was adopted.
Entry 15, as amended, was added to the Concurrent List.
Entry 16
Entry No. 16 was added to the Concurrent List.
Entry 17
Shri R. V. Dhulekar (United Provinces: General) : Sir, I want to speak on the entry-entry 17. Entry 17 deals with legal, medical and other professions. With your permission, Sir, I shall try to make some observations on the medical subject alone leaving the other portion of the entry to other gentlemen to deal with.First of all, I wish to submit that the word "medical" that is being used in India for some time past has been laying too much stress on the medicinal side, of the health problem of this country. The word 'medical is a misnomer. It simply means medication and therefore we have come to a position when we feel that the administration of the medical department could only be seen and looked at from the point of view of what medicines are useful in the country. I would submit, Sir, that having studied the medical question from different points of view, I have come to the conclusion that it is the duty of the State to see that every individual, every. human being who possesses of body, must know something about the preservation, protection and prolongation of life. The word "medical" is a wrong word. I would submit that the word in India was Ayurveda, science of life.
Looked from that point of view, I feel, that this subject has not been given the importance which it deserves during the British regime and today also. I feel that the Government of India is not doing any thing towards imparting the knowledge of the science of life. The science of life, Ayurveda, is a basic science in the country and it has been taught for a long number of years, thousands of years. But the foreigners came and foreign education came and Ayurveda has been relegated to the background. It has been made out from Platforms and platforms by Health Ministers and other people that Ayurveda that was taught in India in ancient times and which is existing in India today and' ministering to the needs of 85 per cent. of the people of this country' is not a science at all. I would say that this word "medical" is a word which should be eschewed from our vocabulary.
Lately some attempts are made to join the word 'health' with medical department. There are Health Departments in the provinces and there is Health Department in the Centre also. As this is a Concurrent List, I would say, that sufficient attention should be paid to the medical or I would say, the life problem of the country. I am not one of those who fix all responsibility for preservation of health of individuals on the State. I do not feel that, just like the Bhore Committee report, all emphasis should be laid only on the State. If we take into consideration the Bhore Committee report we find, crores on rupees, even if they are spent annually, will not solve the problem of the health of India. So I feel that the words as they are put-"`profession of medical" etc. would not serve the purpose. The science of life cannot be a profession. I wish to draw the attention of the Assembly to the important fact that unless and until we take to the principle that every human being knows something about his life, something about his body and health 'and hygiene we cannot solve the problem.
Therefore, I say that where you put legal, medical and other professions I would say that you will lay more emphasis on the medical education that is to be imported to a human being than on the profession itself. What I am driving at is, if you want to control the medical profession, then it does not mean that registration of medical profession is the only thing you should do; Medical
profession has become a profession of loot. It is not a profession of helping humanity; and therefore where you can call the medical profession, I would advise the Assembly to bear in mind, when the time comes, these observations of mine that the medical profession will be controlled not from the point of view of only allowing the people to fleece others but from the point of view of helping humanity.
Mr. Vice- President: The question is:
"That entry 17 stand part of List III."
The motion was adopted.
Entry 17 was added to the Concurrent ListNew Entry 17-A
The Honourable Dr. B. R. Ambedkar: Sir, I move:
"That after entry 17 of List III the following entry be inserted:-
"17-A, Vocational and technical training of labour'."
Mr. Vice-President: Amendment 249 is not moved. The question is:
"That after entry 17 of List III the following entry be inserted:-
'17-A. Vocational and technical training of labour'."
The motion was adopted.
Entry 17A was added to the Concurrent List.
Entry 18
Entry 18 was added to the Concurrent List.
Entry 19
Entry 19 was added to the Concurrent List.
Entry 20
The Honourable Dr. B. R. Ambedkar : Sir,, I move
"That for entry 20, the following entry be substituted :
'20. Drugs and poisons. subject to the provisions
in entry 62 of List I with respect to opium'..,
(Mr. Kamath did not move his amendment.)
Mr. Vice-President: The question is:
"That for entry 20, the following entry be substituted:--
'20. Drugs and poisons, subject to the provisions
in entry 62 of List I with respect to opium'...
The amendment was adopted.
Entry 20, as amended, was added to the Concurrent List.
Entry 21
The Honourable Dr. B. R. Ambedkar: Sir, I move:
"That for entry 21 of List III, the following entry be substituted:-
'21. Mechanically propelled vehicles including the
principles on which taxes on such vehicles are to
be levied'."
Mr. Vice-President: 'The question is:
"That for entry 21 of List III, the following entry be substituted:
'21. Mechanically propelled vehicles including the
Principles on which taxes on such vehicles are to
be levied'."
The amendment was adopted.
Entry 21, as amended, was added to the Concurrent ListEntries 22 to 25
Entry 22 was added to the Concurrent List. Entry 23 was added to the Concurrent List. Entry 24 was added to the Concurrent List Entry 25 was added to the Concurrent List. New Entry 25-A
The Honourable Dr. B. R.Ambedkar : Sir, I move
"That after entry 25 of List III, the following new entry be inserted:25-A. Vital statistics including registration of births and deaths,."
Mr.Vice-President : The question is:
"That after entry 25 of List III, the following new entry be inserted:
"25-A. Vital statistics including registration of births and deaths"
The motion was adopted.
Entry 25A was added to the Concurrent List.
Entry 26
The Honourable
Dr. B. R. Ambedker: Sir, I beg to move:
"That for entry 26 of List III the following entry be substituted :-
'26. Welfare of labour including conditions of work, provident funds, employers liability, workmen's compensation. invalidity and old axe pensions and maternity benefits'."
Mr. Vice-President: I now place amendment No. 132 before the House The question is:
"That for entry 26 of List III the following entry be substituted:
'26. Welfare of labour including conditions of work, provident funds, employers,liability, workmen's compensation, invalidity and old age pensions and maternity benefits'."
The amendment was adopted.
Entry 26, as amended, was added to the Concurrent List.
New Entry 26-A
Mr. Vice-President: Now Dr. Deshmukh may move his new item 26-A.
Dr. P. S. Deshmukh: Sir, I move:
"That in amendment No. 133 of List I (Sixth Week), after the proposed new entry 26-A of List III, the following new entry be added :-
"26-B. Welfare of peasants, farmers and agriculturists of all sorts'."
Mr.Vice-President
: I am sorry. I should have first rested Dr.
Ambedkar to move his amendment regarding entry 26.--Aamendment No. 133. After that you may move your new entry.
The Honourable Dr. B. R.Ambedkar: Sir, I move:
"That.after entry 26, of List III, the following entry be inserted:-
'26-A Social insurance and social security."
Mr. Vice-President : I do not think there is any amendment to this. I put it to the House. The question is :
"That after entry 26 of List III, the following entry be inserted:--
26-A. Social insurance and social security'."
The motion was adopted.
Entry 26A was added to the Concurrent List.
New Entry 26-B
Mr. Vice-President: Now Dr. Deshmukh may move his amendment No. 250.
Dr. P. S. Deshmukh: Sir, I move:
"That in amendment No. 133 of List I (Sixth Week), after the proposed new entry 26A of List III, the following new entry be added--
'26-B. Welfare of peasants, farmers and agriculturists of all sorts."
Sir, it is really unfortunate that it should be necessary to remind the House regarding the welfare of this section of our people and to bring forward an amendment to this effect. India is known to be and is still proclaimed to be the land of agriculturists, where the agriculturists predominate, not only by numbers, but also by the importance of the interest they serve. It is this class of persons who are the real and legitimate masters of India; and yet their welfare is the concern of nobody. There can be only two explanations for this. Either that it is a colossal responsibility, which no one is capable of looking after or, that it is so unimportant that there is no necessity for any specific provision, no need of any special effort nor any specific entry in our Constitution required.
Sir, I am really surprised and cannot suppress my sense of utter dissatisfaction of the way in which the Drafting Committee seems to have made up its mind on many matters of very vital importance and the- attitude with which it looks at all of them. I think they are suffering from an obsession, and from a certain false conviction, as if these are the very people who are going to be perpetually in power, that there. is going to be no other side to the question, and that these entries are not capable of being interpreted in more than one way. God forbid, but they may themselves have to rue the day and repent the power they are giving to the President and progressively reducing the sovereignty of Parliament every day. It may be that they do not continue in power for long, and when other people come and sit on judgment and exercise those very powers, these may be the very people probably, who will have to resort to black flag processions and protests and walk-outs in Parliament. I would not be surprised if this happens. At the present moment their attitude is so obstinate. I am sorry it-is not one of compromise, not one of adjustment, but one of resisting each and every new suggestion and in this case the inclusion of any new entry. Even the suggestion to include an entry for the protection of children was so strongly resisted; one regrets to have to say, by having recourse to such farfetched arguments. Dr. Ambedkar flung the same arguments in my face which I had myself put forward before and which he then refused to accept. The interpretation of entry 6 which he has given now is exactly the same as I had advanced yesterday. Then he said infants and minors covered every thing. Now he says children cannot appropriately even be mentioned along with infants. That is very curious very disappointing, but I hope that so far as this amendment of mine is concerned.......
Mr. Vice-President: We are not dealing with entry 6, but with entry 26.
Dr. P. S. Deshmukh : I have come back to entry 26, Sir. I hope that so far as this amendment is concerned, the Honourable Doctor will take up a different attitude.
It is very necessary to have this amendment, because it is a matter of concrete fact that the welfare of peasants and farmers seems to be the concern of none. But look at the case of labour. From the time we have had special labour
representation, from the time we have had labour representatives and labour Ministers, the welfare of the labourers has been an integral part of the labour portfolio and of our administration. Labourers form only a small number compared to agriculturists, but still we are solicitous that there should be hospitals for them, air-conditioned factories for them, provision for their medical relief, sanitation and all these things. And this huge mass of humanity, the agriculturists, on whose sweat all of us prosper live and maintain ourselves, for these persons, not a single welfare officer has yet been appointed. I am sorry to say-and I am glad also, in a way-that I was the first, as a member of the Standing Committee for Agriculture at the Centre to press that the Ministry of Agriculture at the Centre also should include in it the welfare of agriculturists. That suggestion I learnt went to the Law Ministry-I do not know what the wonderful Law Ministry has to do with it-and they appear to have given an interpretation that it cannot form part of the Ministry of Agriculture of the Centre, because the subject 'agriculture' was a provincial subject.
These are the difficulties and as the Honourable Dr. Ambedkar knows them fully, I hope he will rather err on the side of having more entries than having less, I hope even now he will consider the matter with a sympathetic heart and be prepared to accept this amendment-although I have very little hope as I have seen him advance most wonderful arguments such as when he said that the welfare of children can be included in the Police list-the strangest and the most surprising argument that could be used. But he is in power and he has got the authority and the backing of the whole House and whatever be says is law. Even so, I would request him to concede a little and err on the side of having even a superfluous entry, since so many Members of the House feel so strongly about it, and not turn down the suggestion.
I hope he will look at this entry from that point of view. I have found that it is not included anywhere. Nowhere has it been considered or regarded as the duty of the agriculture Minister to look specifically to the welfare of the peasants and farmers. And nobody can gainsay the fact that the education of the labourers is better, their sanitation is better, that their welfare is better looked after than those of the innumerable peasants and farmers in our villages That is simply because so much has been (lone for the former, but hardly anything has been done for the latter. It might be said that the whole Government after all, is directing its attention to them. But if you think that for a few million labourers, special welfare officers are necessary, why not have at least tell you few more of such officers for the farmers and peasants who will at least tell you from time to time what is necessary ? The situation is tragic and I feel nothing will be lost by making a provision here by which the State and the Legislature will be made responsible for the welfare of the peasants and agriculturists in a special way. I am certain that if we had some officers of this nature. the condition of the agriculturists would not have remained what it is. We have appointed welfare officers even for Scheduled Castes. Why did we do it ? Because we know that they suffer from special and very serious handicaps.
Shri S. Nagappa (Madras: General): Sir, my honourable Friend says, "We have, appointed labour officers even for Scheduled Castes." Only Scheduled Castes require those officers. Why should he use that word "even" ? I take objection to that word : he should withdraw it.
Dr. P. S. Deshmukh: These special officers are only for special classes of people.
Shri S. Nagappa : They, the Scheduled Castes, are the people who require them.
Dr. P. S. Deshmukh: If they arc appointed only for the Scheduled Castes, these officers have certainly contributed to the welfare and progress of the Scheduled Castes. It' they could help the Scheduled Castes ....
Mr. Vice-President: The honourable Member
has already exceeded his time.
Dr. P. S. Deshmukh: All right, Sir. If the Scheduled Castes could be helped and their uplift secured, may be even in the smallest of measures by the appointment of these officers, why not the same be done so far as the peasants, the farmers and agriculturists are concerned? We know they too are handicapped for want of education, for want of sanitation and have innumerable other difficulties to face. If it was possible for these Ministries to take account of their condition and look after the welfare of the peasants, much more progress than what we find today would have been achieved.
Sir, I do not wish to take more time, but that does not mean that I have not other arguments by which to convince the somewhat unconvinceable Dr. Ambedkar. But I hope that so far as this entry is concerned, he will be sympathetic and accept my amendment because as a matter (if fact this is a thing which is not regarded as the legitimate duty by any of the Ministers for Agriculture and I have heard at least the Honourable Minister for Agriculture at the centre say that the provisions of the Government of India Act come in their way. That lack of provisions could have reference to nothing else except this Schedule. From that point of view, Sir, I think the entry is absolutely necessary.
Shri R. K. Sidhva (C. P. & Berar-General) : Sir, I do not think the idea here is to redress the grievances of labour or of agriculture. I only want to know from Dr. Ambedkar whether-in entry 26, 'Welfare of labour'- whether "labour" includes agriculturists and peasants or only industrial labours. As I have understood the term, 'labour' means industrial labour and not agricultural. If that is so, I wholeheartedly support Dr. Deshmukh's amendment.
Sir, if you enact legislation for industrial labour, you cannot exclude agricultural labour. Therefore, peasants and farmers must be included either in entry 26 or in a separate entry as Dr. Deshmukh has suggested. The peasants are the backbone of the country. We cannot look after the welfare of only industrial labour which is vocal and whose grievances, could be heard and redressed by Government; we cannot certainly ignore the peasants who are not local and who are not well organised. I personally feel that this labour legislative should be in List I. I know that being in the Concurrent List, each Province will have its own legislation. At present Bombay has enacted legislation which is in conflict with that of U.P., and U.P.'s legislation is in conflict with that of Bengal. If there had been a central labour Organisation, I am quite confident that the condition of labourers would have been different.
I, therefore, even go to the length of saying that labour legislation of all classes should be entered in List I : but if that is not possible, I certainly feel, Sir, that you cannot under any circumstances ignore that section of labour known as agricultural labour, the peasants, the farmers etc. You are particularly mentioning industrial labour and giving it a place in the Constitution. How will it be understood ? It will be understood that the House ignoredthe peasants when they were giving a preference to industrial labour. Because labour can make tremendous noise and approach the Ministers and Government and get their grievances redressed, this has been done. It is most unfair. I therefore strongly support the amendment moved by Dr. Deshmukh, unless my friend Dr. Ambedkar is prepared to satisfy us that 'labour' includes agricultural labour also. If he by any means wants to convince the House that it does include agricultural labour, I am prepared to accept his wording, and oppose Dr. Deshmukh's, amendment.
Mr. Naziruddin Ahmad: Mr. Vice-President, I beg to support the amendment moved by Dr. Deshmukh. The cause, of the peasants, farmers and agriculturists is going by default. So far as industrial labour is concerned, that is well cared for. In fact, they are the pampared children of the Government. But so far as agricultural labour are concerned and the peasants, farmers
and agriculturists, they are being sacrificed at every step. There are the capitalists at the top, there is the labour at the bottom and the middle classes between the two are going to be squeezed out of existence. This entry, if accepted, will at least make it incumbent on the part of the Government to look into their case, to frame adequate legislation and to chalk out an administrative programme. I submit that this subject is highly important and an entry to this effect will cause no harm-it will draw attention of Government and of the Legislature to the need for focussing Government and public attention on this subject. So, from this point of view, this entry should be accepted.
Ranbir Singh: (East Punjab :
General) : *[Mr. Vice-President, I support the amendment moved by Dr. Deshmukh. If you compare the present conditions of workers with those of the agriculturists you will find a glaring difference between the two. We are going to include in the Draft Constitution an exclusive clause relating to Labour, which lays down that if there be even twenty-five children having the same language, the State shall provide them with schooling facilities. But in contrast to this, no school or hospital facilities are provided for the children of millions of agriculturists. I have all sympathy for such brethren as have migrated from West Punjab or other regions. School and hospital amenities should be provided for them and their children. I am second to none here in supporting their cause. But it would be a pity if no facilities with regards to schools and hospitals are provided for the children of agriculturists. 'It is not a question of merely a single entry; rather, I say it is a question of life and death for the peasants. If this item is included in the list it will offer them some hope and consolation. Millions and millions of peasants of India are looking today to you. I mean, to the Members of this House with the expectation that the new Constitution would certainly contain some specific provision for their welfare and that when it comes into force they will be benefited. If you do not include in the Constitution any specific provision for their, welfare, it will give them a very cruel disappointment, the extent of which, perhaps, you cannot imagine.
I, therefore, without taking any more time of the House, lend my wholehearted support to the amendment and hope that Members of the House who have to approach the electorates for the, coming election will keep their future in view].
The Honourable Dr. B. R. Ambedkar: Sir, may I explain ? There stems to be a certain amount of confusion and misunderstanding about the entries. in the List. With regard to my Friend Dr. Deshmukh's amendment, he wants welfare of peasants, farmers and agriculturists of all sorts. Well, I would like to have some kind of a clear conception of what these omnibus words, "agri-
------------------------------------------------------------
*[] Translation of Hindustani speeches.
culturists of all sorts" mean. Does he want that the State, should also undertake the welfare of zamindars who pay Rs. 5 lakhs as land revenue ?
Shri R. K. Sidhva: You can drop those words.
The Honourable Dr. B. R. Ambedkar: It will also include malguzars. Before I accept any entry, I must have in my mind a clear and consistent idea as to what the words mean. The word "agriculturists" has no precise meaning. It may mean atrack-renter. It may mean a person who is actually a cultivator. It may mean a person who has got two acres. It may also mean a person who has five thousand acres, or five lakhs acres.
Dr. P. S., Deshmukh : I am prepared to omit that particular expression.
The Honourable
Dr. B. R. Ambedkar : That is one difficulty I find.
The second point is my Friend Dr. Deshmukh does not seem to pay much attention to the different entries and what they mean. So far as agriculture is concerned, we have got two specific entries in List II-No. 21 which is Agriculture and No. 24 which is Land. If he were to refer to these two entries he win find.
Dr. P. S. Deshmukh: What fallacious arguments are being advanced I For that matter, Labour welfare is a specific entry and yet you wanted separate provision for their vocational training ? Do not advance fallacious arguments.
The Honourable Dr. B. R. Ambedkar: It is not my business to answer questions relating to the faults of administrations. I am only explaining what the entries mean. As I said, we have already got two entries in List II. Entry 21 is there for Agriculture "including agricultural education and research, protection against pests and prevention of plant diseases".
Dr. P. S. Deshmukh: Then why do you want "welfare of labour" ?
The Honourable Dr. B. R. Ambedkar: Why can't you have some patience? I know my job. Do you mean to say I do not know my job ? I certainly know my job.
Dr. P. S. Deshmukh : I know your attitude also. Do not try to fool everybody
The Honourable
Dr. B. R.Ambedkar : There is already an entry which will empower any State to do any kind of welfare work not merely with regard to agriculture but with regard to agriculturists as well. In addition to that we, have entry 24 where it is provided that laws may be made with regard to "rights in or over land, land tenures including the relation of land-lord and tenant". All the economic interests of the peasants can be dealt with under this entry. Therefore, so far as entries are concerned there is nothing that is wanting to enable the Provincial Governments to act in the matter of welfare of agricultural classes.
Then I come to the question raised by my Friend Mr. Sidhva which, I think, is a very legitimate question. Hill question was what was the connotation of the word 'labour' and he asked me a very definite question whether 'labour' meant both industrial as well as agricultural labour. I think that was his question. My answer is emphatically that it includes both kinds of labour. The entry is not intended to limit itself to industrial labour. Any kind of welfare work relating to labour, whether the labour is industrial labour or agricultural labour, will be open to be undertaken either by the Centre or by the Province under entry 26.
Similarly, conditions of work, provident funds, employers' liability workmen's compensation, health insurance, including invalidity pensions.--all thesematters.-would be open to all sorts of labour, whether it is industrial labour or agricultural labour. Therefore, so far as this entry, No. 26, is concerned, it is m no sense limited to industrial labour and therefore the kind of amendment which has been proposed by my Friend Dr. Deshmukh is absolutely unnecessary, besides its being-what I might call-vague and indefinite, to which no legal connotation can be given.
Dr. P. S. Deshmukh : Is there no class of persons except agricultural labour in this country ? Has Dr. Ambedkar ever heard of a class called "farmers" and "peasants" ?
The Honourable Dr. B. R. Ambedkar: Their welfare will be attended to under entries 21 and 24 of the Provincial List, as I have already explained.
Mr. Vice-President: I now place amendment No. 250 (Dr. Deshmukh's amendment) before the House.
The question is :
"That in amendment No. 133 of List I (Sixth Week), after the proposed new entry 26A of List III, the following new entry be added:-
'26-B. Welfare of peasants, farmers and agriculturists of all sorts'."
The motion was negatived.
Dr. P. S. Deshmukh: Sir, I demand a division.
Mr. Vice-President: I shall ask Members to hold tip their hands.
The Assembly divided by show of hands.
Ayes : 26
Noes : 42
The amendment was negatived.
Entry 27
Honourable Dr. B. R. Ambedkar: Sir, I move:
"That for entry 27 of List III, the following entry be substituted:--
'27. Employment and unemployment."'
Mr. President: The question is:
"That for entry 27 of List III, the. following entry be substituted :--
'27. Employment and unemployment."'
The amendment was adopted.
Entry 27, as amended, was added to the Concurrent List.
Entry 28
Mr. Vice-President : There
are no amendments to entry 28.
Shri S. Nagapppa: Before it is put to vote I want to say a few words. Mr. Vice-President : The honourable Member will finish in three minutes.
Shri S. Nagapppa : Mr. Vice-President, Sir, the term "trade union" denotes, as far as its currency goes, only those as regards industrial labour. The Honourable Dr. Ambedkar was kind enough to say that the word "labour" includes agricultural labour also. When this article was passed in this Constitution I gave an amendment that "labour" should mean also agricultural labour, He was kind enough to accept that and to say definitely that it would mean agricultural and other classes of workers.,
Again, with regard to "labour disputes" there may be a dispute among the labourers themselves. My friends who have been good enough to vote foragricultural labour now have misunderstood the position they do not draw a line or difference between agriculturist and agricultural labour. The agriculturist also does work hard. But for whom does he work? For himself. On the other hand agricultural labour labours for the sake of others. The agricultural labourer is a wage-earner, whereas the agriculturist labours for himself and acquires the property for himself. There is a difference between agriculturist and agricultural labourer which should be understood. Now, if my friends are reasonable and if they come forward and press this august Body to include a clause to defend that agricultural labour and to give it all sorts of privileges, I am one with them. Otherwise I cannot understand why the agriculturist should be given 'this sort of facility. After all agriculture, or land has been given by nature to all the children of the soil. But by their greediness and avocation somehow or other the agriculturists have grabbed it. Now they want still more facilities to be given to them. It is unjust and going out of the way to agree to it. I do not think the agriculturists require any such protection in this country. I do not think any agriculturist has a right over the land. " He has only the right to cultivate the land and pay land-revenue to the State.
Mr. Vice-President: I am afraid the honourable Member has exceeded the time-limit.
Shri P. S. Nagappa_: This is an important thing. About 70 per cent of the population of this country are agricultural labourers.
Dr. P. S. Deshmukh : It has nothing to do with agricultural labour.
Shri S. Nagappa : It has everything to do with agricultural labour. H you? organise them into a union they will get the right to claim Government support and the Government will be bound to give it So far as the agricultural labourer is concerned, it is not easy to organise it. Almost all agricultural labourers are illiterate and ignorant people. I think it is the duty of the future Government to come forward and do what is necessary for these people. I hope the Government in future will be composed of these very people under the system of adult suffrage. They will be the right royal owners and wield power hereafter. But I think it will be the duty of every sane, just and benign Government to see that these people are given their just rights.
Mr. Vice-President : I will now put the question.
The Honourable Dr. B. R. Ambedkar: I want to say a word. The words "trade union" with regard to welfare of labour have a very wide connotation and may include trade unions not only of industrial organisations but may also include trade unions of agricultural labour. That being so, I am rather doubtful whether by introducing the word 'industrial' here, we are not trying to limit the scope and meaning of the term 'trade union'. But I am not moving any amendment. I would like to reserve an opportunity to the Drafting Committee to examine the term and to consider this. I want the entry to stand as it is now. I have expressed my doubt that in view of the wide connotation of 'trade union', a part of the entry may require amendment.
Mr. Vice-President : Subject to what Dr. Ambedkar says, I put entry 28 to vote. The question is :
"That entry 28
stand part of List III.
The motion was adopted.
Entry 28 was added to the Concurrent List.
http://parliamentofindia.nic.in/ls/debates/vol9p25a.htm
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B. R. Ambedkar - Wikipedia, the free encyclopedia
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Scheduled Castes of India
Alternative names: "Untouchables", "Harijans", various caste names, "Dalits"
Location: throughout India, also Pakistan, Sri Lanka, Nepal, Bangladesh
Population: 110 million (1989 est.)
% of population: 14.5%
Religion: Hinduism, Buddhism, Christianity
The "Scheduled Castes" is the legal and constitutional name collectively given to the groups which have traditionally occupied the lowest status in Indian society and the Hindu religion which provides the religious and ideological basis for an "untouchable" group, which was outside the caste system and inferior to all other castes. Today, untouchability is outlawed, and these groups are recognized by the Indian Constitution to be especially disadvantaged because of their past history of inferior treatment, and are therefore entitled to certain rights and preferential treatment.
The Scheduled Castes are not an homogenous group and are divided into many castes and sub-castes, as well as by language and geography. Collectively they are best known outside India as "Untouchables" but this term is not used in official Indian terminology where the word harijan is more likely to be favoured. Politically-aware members of the Scheduled Castes are likely to use the term dalit. At an everyday level specific caste names are more likely to be used. Some derogatory names have been banned by law; in practice they are commonly used. Members of the Scheduled Castes are found all over India in some areas rising to over 25% of the population. With total numbers of over 100 million, they are the largest minority group in the world — indeed one person in 40 is born "untouchable".
Background and history
There is controversy on the origin of untouchability with some accounts stating that it was a feature of ancient Indian society and others that it was introduced with the Aryan invaders in the third century BC. The philosophy of caste is contained in the Manusmiriti, a sacred Hindu text dating from the second century BC and is related to the theory of transmigration of the soul and of karma (rebirth) and dharma(duty). "Untouchable" outcast communities were forbidden to join in the religious and social life of the community and were confined to menial "polluting" tasks such as slaughtering animals and leatherworking. The introduction of Islam from the thirteenth century AD led to widespread conversions by many low caste and "untouchable" groups and by the mid-nineteenth century about one quarter of the population was Muslim.
The period of British rule from the late eighteenth century brought little change and attempts to ensure that public facilities, such as government schools, would be open to all castes
had little impact. During the first half of the twentieth century the British Indian government began to take an interest in the condition of "untouchable groups" and "depressed classes" and their special position was recognized under the term "Scheduled Castes". Among Indian politicians two main approaches emerged, typified by two political and religious leaders who have by their ideas and actions made most impact on "Untouchable" advancement.
M. K. (Mahatma) Gandhi, whose chief aim was liberation from colonial rule within a distinctive philosophical system based upon amhinsa (non-violence), believed in raising the status of "Untouchables" while retaining elements of the traditional caste system but removing the degrading stigma and manifestations of untouchability, and coined the term harijan (Children of God) to describe them. This term is still used widely today by the non-Scheduled Caste communities although many Scheduled Caste members have now rejected it. The other approach came from Dr B. R. Ambedkar, a brilliant "Untouchable" lawyer, who believed that only by destroying the caste system could untouchability be destroyed. Ambedkar became the chief spokesperson for Scheduled Castes who demanded recognition as a separate entity similar in status to Muslims, Sikhs and Christians. Ambedkar was forced to drop this demand after Gandhi threatened a hunger strike, but as a consequence Scheduled Castes were granted increased electoral representation and a guarantee of special protection and rights for them. Ambedkar also rejected Hindu values and in 1956 converted to Buddhism, later followed by about three million converts.
Constitution and law
After Independence for a partitioned India in 1947, Ambedkar became Law Minister in the government of Jawaharlal Nehru and the drafter of the Indian Constitution of 1950. The Constitution states that no citizen should be discriminated against because of religion, race, or caste among other attributes, and should not be denied access to and the use of public services. Article 341 authorizes the President of India to specify "castes, races or tribes which shall for the purposes of this constitution be deemed to be Scheduled Castes". The First Amendment to the Constitution passed in 1951 allowed the state to make special provision for advancement of socially and educationally backward classes of citizens of the Scheduled Castes and Scheduled Tribes.
The Untouchability Offences Act of 1955 outlaws discrimination on "the ground of untouchability" in regard to public facilities, eating places, temples, residential choice etc. and provides for fines and imprisonment of offenders. However, relatively small numbers of convictions were made under the Act. In 1976 the Act was strengthened by the Protection of Civil Rights Act which increases punishment and allows for collective fines to be imposed on the offending community and for punishment of civil servants who neglect to investigate the offence. State governments were directed to introduce new measures such as providing officers, police stations and special courts to deal with offenders, to provide legal aid to victims and to identify special areas where there is a high incidence of untouchability. The central government has a special Commission for Scheduled Castes and Tribes which issues an Annual Report outlining processes, problems and violations of the law as regards the Scheduled Castes. However, despite these measures, there is still evidence that the law is often ignored and that untouchability continues, especially in rural areas.
The central and state governments have from time to time appointed Commissions of Enquiry to investigate the situation of the Scheduled Castes, especially after riots and violent incidents. After a series of attacks against Scheduled Caste communities which resulted in many deaths in Tamil Nadu in 1968, Scheduled Caste MPs compiled the Elaperumal Report, which detailed continuing untouchability in villages across India. Incidents of violence and discrimination, especially from the states of Bihar, Uttar Pradesh, Madhya Pradesh and Andhra Pradesh, continue to be regularly reported in the national press.
In Bihar during the 1980s many Scheduled Caste landless labourers in the central plains supported left-wing trade union and peasant groups, some of which used armed opposition to the state government and advocated land reform and standard wages. (Most of these demands were actually already on the Statute Book but had never been enforced.) As a result, landlord armies or senas have organized and used counter-violence against the lal senas or "red armies". Some estimates give a total of 2,000 deaths each year in land disputes in Bihar, most of the victims being landless labourers or small farmers. Landlordsenas have been responsible for violent attacks on Scheduled Caste communities and there have been allegations that these attacks have been implicitly supported by police and leading politicians in the state government. After the most publicized of these incidents, politicians descend upon the village and many promises are made of compensation and justice. Yet few of the perpetrators of violence against Scheduled Caste communities are prosecuted by the government, and even fewer are convicted or sentenced.
Politics
The Congress Party has dominated Indian politics from before independence and has been out of office at the centre only once — from 1977 to the beginning of 1980. However, from the mid-1980s, it has lost power in many of the states to regionally-based parties, while the Communist Party (Marxist) is the dominant party in the states of West Bengal and Kerala. Almost all political parties actively pursue their Scheduled Caste voters, and in some states there is reported to be widespread ballot-rigging. There is no one Scheduled Caste "vote bank", as was once thought to have existed in relation to the Congress Party, and there are Scheduled Caste voters for all parties, with probably the largest number of votes going to the Congress Party. Congress was reported to have lost much of its traditional Scheduled Caste support during the Emergency of 1975-77. Almost all parties have had Scheduled Caste politicians among their leading figures although few have gained real power. To date there have been no Scheduled Caste Prime Ministers, but the late Jagivan Ram served as Deputy Prime Minister in the brief Janata government of 1977-79 and at least three Chief Ministers in northern India have been from the Scheduled Castes.
There are also reservations for the Scheduled Castes in legislatures in the centre and the states. In the two houses of Parliament, the Lok Sabha and the Raiya Sabha, 15% of the seats are reserved for Scheduled Caste members and similar representation occurs in the state assemblies in proportion to the percentage of Scheduled Castes in the state's population. However, since the Scheduled Caste voters are always a minority in the reserved constituencies and in the assemblies as a whole, favourable legislation has been often blocked by vested interests. Furthermore, the system does not encourage Scheduled Caste organization by separate parties but facilitates organization and representation of Scheduled Castes by the major parties, especially the Congress Party, which has been in a dominant position since independence. On some occasions, however, Scheduled Caste legislators have been able to act and influence policies across party lines.
There have been several attempts to found distinctive Scheduled Caste political parties, among them the Republican Party of Ambedkar, which still exists but which has little political significance. In the early 1970s a new radical political movement in Maharashtra took the form of the Dalit Panther Party, which was inspired by the American civil rights movement and "black power". Dalit means the "oppressed ones" and the movement embraces not only Scheduled Castes but also Adivasis (Tribal peoples), low caste groups, Muslims, workers and women. The party later splintered and has since had only sporadic success. More durable was the accompanying literary and cultural movement which has spanned poetry, theatre, music and film, and the sense of pride and identity brought about by the Dalit movement. TheDalit movement has been concentrated in the Western states of Maharashtra and Gujarat and some of the larger Indian cities. Buddhism has also been a major influence in forming a new sense of identity, once again mainly in the western states. In the southern states there have recently been attempts by Christian groups, who have come from traditionally untouchable communities but who are not recognized as Scheduled Castes by the government, to organize within and outside the Christian community.
Economic factors
Almost 90% of the Scheduled Castes still live in rural areas and economic exploitation remains their most acute problem. They are overwhelmingly marginal farmers or landless labourers. Large numbers migrate to cities or labour-scarce rural areas such as Punjab. Many are in debt and are obliged to work off their debts through debt-bonded labour despite the fact that this practice was abolished by law in 1976. In these cases a labourer takes a loan from a landlord or moneylender and in return agrees to work for that person until the debt is repaid. In practice it is difficult to repay the debt as interest payments are high and cumulative, and poverty forces the labourer deeper into debt. The debt can be passed onto the next generation and thus it is impossible to escape the cycle. In some areas many high-caste landlords pay their Scheduled Caste labourers minimum wages in cash or food, or nothing at all, and any resistance is frequently met by violence, sometimes resulting in the death or injury of the victim. Sexual harassment against Scheduled Caste women is frequent. Mob violence against Scheduled Caste communities is frequently reported, sometimes led by landlords or community leaders, and has been especially noticeable in situations where Scheduled Caste workers have joined labour unions or made progress in gaining education and economic mobility.
Many Scheduled Caste families have left rural areas and come to live in slums and on the pavements in the rapidly growing cities. Here also they tend to do the worst jobs for the lowest wages. However in some cities, traditional occupations such as sweepers have been organized in municipal unions and have the advantage of regular work and wages. Most Scheduled Caste workers are casual day labourers, in small factories, quarries and brick kilns or on construction sites, or work as cycle rickshaw drivers or in petty trade. Women and children as well as men work in such jobs but at lower wages. In the large textile mills of Bombay, Scheduled Caste workers have been generally confined to less skilled and less well-paid work. There are, however, growing numbers of Scheduled Castes in relatively secure areas such as the public service, banking and railways and sometimes in private industry. Those resident in the cities have greater access to secondary and higher education and a growing middle class has evolved within the Scheduled Caste community. Discrimination is less evident in the urban areas but residential patterns, particularly in poorer areas, are often on a caste basis.
As a result of the official policy of "positive discrimination" in favour of the Scheduled Castes in the civil service there have been growing numbers of Scheduled Caste public servants. To date there has been some improvement in the levels of Scheduled Caste recruitment in the central civil service. From 1949 to 1979 this rose from 0.71% to 4.5% in Class I posts, from 2.01% to 7.3% in Class II posts, and from 7.03% to 12.35% in Class III posts. There has been a similar slow process in public-sector and nationalized industry posts, where positive discrimination did not begin until the 1970s. In private business and industry, however, there are no positive discrimination provisions and, therefore, progress has been limited. Members of the Scheduled Castes, however, are frequently over-represented in the lower Class IV posts and occupy almost all Class V posts (i.e sweepers — a traditional "Untouchable" occupation).
There has also been positive discrimination in education, but the poverty of many Scheduled Caste families often prevents utilization of education facilities. In 1977-78 only 75% of Scheduled Caste children in the age group six to eleven attended school, compared to 88% for other children, and the disparity becomes greater at older ages with the respective figures for the 11 to 14 age group as 26% to 42%. Places for Scheduled Castes in higher education, and especially for post-graduate posts, are sometimes not filled, either because of lack of qualified candidates or prejudice against qualified candidates. In 1981 there were riots in the state of Gujarat by high-caste students protesting against the system of reservation in education institutions, in which 42 people died.
However, despite the overwhelming odds against them, former "Untouchables" are gaining increasing access to education and their expectations and aspirations are rising. Increasingly they are refusing to accept their former degraded and subservient position and, if they are able to organize across barriers of language and sub-caste, should present a formidable challenge to government.
SOCIAL ISSUES
Annihilating caste
| B.R. Ambedkar's passion for the abolition of untouchability and the eradication of caste is as relevant today as it was 75 years ago. |
B.R. Ambedkar. He suggested inter-caste marriage as the remedy to destroy caste.
THE Jat Pat Todak Mandal, a social reformist organisation of Lahore, had, in 1936, invited Dr B.R. Ambedkar to deliver the presidential address of its annual conference on the topic of the caste system in India. Ambedkar sent the manuscript of his speech titled The Annihilation of Caste. However, the organising committee found some of his views, particularly his critique of the Vedas and his inclination to leave the Hindu fold, unacceptable.
It, therefore, suggested to Ambedkar that he delete these views, to which he replied that "he would not change a comma". The speech thus remained undelivered. Ambedkar subsequently published it in May 1936.
Among the numerous writings and speeches of Ambedkar that run into thousands of pages, The Annihilation of Caste is indeed his magnum opus. Judged by any criterion such as content, logic, argument, language, diction, exposition, urge and, above all, the force, it is a manifesto of social emancipation, and occupies a place similar to what The Communist Manifesto once did in the world communist movement.
Since the book is polemical in nature, Ambedkar did not elaborate much on the agonies, indignities, humiliation and overall sufferings of the Sudras, and particularly the untouchables. He only gave illustrations of how they were deprived of education and freedom of occupation and were subjected to stigmatised manual labour, all resulting in their virtual economic slavery, how they were segregated and deprived of basic rights such as drinking water even from public wells, and above all how they were made victims of social persecutions.
But, according to Ambedkar, worse and unparalleled, the Hindu Dharmashastras gave legitimacy to the doctrine of Chaturvanya and the caste system. The infamous Manusmriti dehumanised the Sudras and untouchables, ruled the Hindu psyche for centuries and created the greatest obstacle to any serious attempt at eradicating the caste system. This made Ambedkar publically burn the Manusmriti on the occasion of his historical Mahad Satyagraha in 1927 for establishing the right of untouchables to drink the water of the Chawdar tank in Mahad town in Maharashtra.
In The Annihilation of Caste, Ambedkar, probably for the first time, raised many profound questions with respect to caste. First, he rejected the defence of caste on the basis of division of labour and argued that it was not merely a division of labour but a division of labourers. The former was voluntary and depended upon one's choice and aptitude and, therefore, rewarded efficiency. The latter was involuntary, forced, killed initiative and resulted in job aversion and inefficiency. He argued that caste could not be defended on the basis of purity of blood, though pollution is a hallmark of the caste system.
He quoted from D.R. Bhandarkar's paper "Foreign Elements in the Hindu Population" that "there is hardly any class or caste in India which has not a foreign strain in it, (and that) there is an admixture of alien blood not only among the warrior classes – the Rajputs and the Marathas – but also among the Brahmins who are under the happy delusion that they are free from all foreign elements." Ambedkar thus argued that caste had no scientific basis. He painfully maintained that Hindu society was a collection of castes, fixed in watertight compartments with graded hierarchy that made an associated corporate life virtually impossible.
But most importantly, according to Ambedkar, caste destroyed the concept of ethics and morality. To quote him: "The effect of caste on the ethics of the Hindus is simply deplorable. Caste has killed public spirit. Caste has destroyed the sense of public charity. Caste has made public opinion impossible. A Hindu's public is his caste. His responsibility is to his caste. His loyalty is restricted only to his caste. Virtue has become caste-ridden, and morality has become caste-bound."
Ambedkar ultimately suggested that inter-caste marriage is the only remedy to destroy caste. In The Annihilation of Caste, Ambedkar's critique of the Hindu social order was so strong that Mahatma Gandhi, in Harijan, described Ambedkar as a "challenge to Hinduism". Ambedkar replied to Gandhi in his usual uncompromising manner.
Ambedkar did not spare the socialists or the communists either. He vehemently attacked the communists for their doctrinaire approach to caste in treating it as the superstructure and argued that unless they dealt with caste as a basic structural problem, no worthwhile social change, let alone a socialist revolution, was possible.
From the beginning Ambedkar was convinced that political empowerment was key to the socio-economic development of the untouchables. Therefore, he vehemently demanded a separate electorate for untouchables in the Second Round Table Conference in 1932.
When the British conceded his demand, Gandhi started his historic fast unto death in the Yerawada jail. Pressure from all corners mounted on Ambedkar to forgo the demand for a separate electorate as the Mahatma's life was at stake. Reluctantly Ambedkar agreed to the formula of a Joint Electorate with reserved seats in legislatures for untouchables.
What is the situation today with respect to Ambedkar's mission of annihilation of caste and, in view of that, the relevance of his manifesto of social emancipation?
First, the state's reservation policy for the Scheduled Castes (S.Cs) and Scheduled Tribes (S.Ts) has made a positive impact on their socio-economic condition. Though the gap between them and the rest of society persists, and they lag behind the others with respect to many indicators of development, the overall situation has improved. A small strata in all areas of national importance – education, professions, governance, politics, art, literature and so on – has emerged in these communities. This upward occupational mobility has been accompanied by some social prestige, which was unthinkable earlier. The spread of literacy and higher and professional education, the pace of urbanisation, the development of means of communication and transport, and so on have been instrumental in loosening somewhat the rigidity and hangover of the caste system, particularly in the urban areas.
Second, and contrary to this positive development, caste has come to be used blatantly and indiscriminately for political ends. This has sharpened caste and sub-caste identities and resulted in caste alliances of different types in different regions for the sole purpose of wielding political power.
Thus, while the dominant castes, either in numerical strength or in terms of economic clout, struggle to retain their monopoly over power, the marginal castes, operating on the periphery of the power structure, have aroused their caste consciousness for political mobilisation.
POTENT INSTRUMENT
Third, since caste is considered a potent instrument for socio-economic and political empowerment, caste and sub-caste organisations have proliferated. There is growing demand by some castes, keeping their caste arrogance intact, to get included in the Other Backward Classes (OBC) category, and by some OBCs to be considered as S.Ts (for instance, Jats in Haryana and Rajasthan). This is indeed a trend in reverse. Fourth, the entire trade union movement ignored issues relating to caste owing to total apathy and lack of concern or because of the fear of a rift in the rank and file over the contentious issue of reservation. As a result, there is a growing tendency on the part of the S.Cs and S.Ts in several organisations to form their own associations to fight for their demands.
Fifth, Ambedkar suggested inter-caste marriage as the remedy to destroy caste. Today, marriages are preferred not only within castes, but also within sub-castes. In Haryana and Rajasthan, for instance, the khap (caste council) gives orders to kill young lovers for marrying outside their caste. Such inhuman killings are glorified as honour killings.
Lastly, atrocities on the S.Cs and S.Ts continue unabated in different parts of the country. They are on two counts: first, owing to the practice of untouchability, resulting in the violation of human and civil rights of these groups, particularly in the rural areas; second, for economic and political reasons. Thus, according to the National Crime Records Bureau of the Union Home Ministry, between 2001 and 2005, the total number of crimes against the S.Cs alone were 1,56, 274, of which 3,406 were of murder and 6,163 were of rape.
Various legislative measures such as the Protection of Civil Rights Act, 1955, and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, have proved to be virtually worthless because of the lack of political will to implement them.
Ambedkar thought the abolition of untouchability and the eradication of caste would make India an emotionally strong and unified country. His thought and passion are as relevant today as they were 75 years ago.
Dr Balachandra Mungekar is a former member of the Planning Commission and former Vice-Chancellor of the University of Mumbai.
http://www.frontlineonnet.com/fl2815/stories/20110729281509
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The Ambedkar Principles
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Companies supporting the Ambedkar ... Implementing the 'Employment and rights at work principles and ... community – governments, trade unions and ...
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Dr. Ambedkar's Strategies ... - Indian Institute of Dalit Studies (IIDS)
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most significant bills that Ambedkar managed to have passed was the Indian. Trade Unions (Amendment) Bill, making compulsory the recognition of a trade ...
Labour law in India
The history of labour legislation in India is naturally interwoven with the history of British colonialism. Considerations of British political economy were naturally paramount in shaping some of these early laws. In the beginning it was difficult to get enough regular Indian workers to run British establishments and hence laws for indenturing workers became necessary. This was obviously labour legislation in order to protect the interests of British employers.Then came the Factories Act. It is well known that Indian textile goods offered stiff competition to British textiles in the export market and hence in order to make India labour costlier the Factories Act was first introduced in 1883 because of the pressure brought on the British parliament by the textile magnates of Manchester and Lancashire. Thus we received the first stipulation of eight hours of work, the abolition of child labour, and the restriction of women in night employment, and the introduction of overtime wages for work beyond eight hours. While the impact of this measure was clearly welfarist the real motivation was undoubtedly protectionist!To date, India has ratified 39 International Labour Organisation (ILO) conventions of which 37 are in force. Of the ILO's eight fundamental conventions, India has ratified four – Forced Labour 1930, Abolition of Forced Labour 1957, Equal Remuneration 1951, and Discrimination (employment and occupation) 1958.
The organised and the unorganisedAn important distinction that is popularly made nowadays in all discussions relating to labour legislation is between workers in the organised/formal sector and those in the informal/informal sector. Many who make this distinction do so with ulterior motives, yet we must reckon with it – especially because out of the total workforce in the country, 92 percent work in the informal sector while only eight percent work in the formal sector.At the outset it must therefore be remembered that those who were unorganised yesterday are organised today and those who are unorganised today aspire to become the organised tomorrow. Moreover, many rights, benefits, and practices, which are popularly recognised today as legitimate rights of the workers, are those that have accrued as a result of the struggles carried out by the earlier generation of workers. The attempt, prevalent in some circles to pit one section of workers against the others, must therefore be carefully understood and deserves to be rejected outright.Trade unionism and the Trade Union Act 1926There are almost ten major central union organisations of workers based on different political ideologies. Almost every union is affiliated to one of these. These central organisations have state branches, committees, and councils from where its organisation works down to the local level.The first central trade union organisation in India was the All India Trade Union Congress (AITUC) in 1920 – almost three decades before India won independence. At about the same time workers at the Buckingham and Carnatic Mills, Madras went on strike led by B P Wadia. The management brought a civil suit against the workers in the Madras High Court and not only obtained an injunction order against the strike but also succeeded in obtaining damages against the leader for 'inducing a breach of contract'. This was followed by widespread protests that finally yielded in the Trade Union Act 1926 giving immunity to the trade unions against certain forms of civil and criminal action. Apart from this aspect the Trade Union Act also facilitated registration, internal democracy, a role for outsiders and permission for raising a political fund subject to separate accounting requirements.The Trade Union Act facilitates unionisation both in the organised and the unorganised sectors. It is through this law that the freedom of association that is a fundamental right under the Constitution of India is realised.The right to register a trade union however does not mean that the employer must recognise the union – there is in fact no law which provides for recognition of trade unions and consequently no legal compulsion for employers, even in the organised sector, to enter into collective bargaining.
Yet in reality because of the strength of particular trade unions there is fairly widespread collective bargaining, especially in the organised sector.Wage determination in the un organised sectorWage determination in India has been achieved by various instruments. For the unorganised sector the most useful instrument is the Minimum Wages Act 1948. This law governs the methods to fix minimum wages in scheduled industries (which may vary from state to state) by using either a committee method or a notification method. A tripartite Advisory Committee with an independent Chairman advises the Government on the minimum wage. In practice unfortunately, the minimum wage is so low that in many industries there is erosion of real wage despite revision of the minimum wage occasionally. A feeble indexation system has now been introduced in a few states only.Collective bargaining in the organised sectorAn important factor that is not much recognised, but which still prevails in many organised sector units is fixing and revising wages through collective bargaining. The course of collective bargaining was influenced in 1948 by the recommendations of the Fair Wage Committee that reported that three levels of wages exist – minimum, fair, and living.These three wage levels were defined and it was pointed out that all industries must pay the minimum wage and that the capacity to pay would apply only to the fair wage, which could be linked to productivity. In addition to this the fifteenth Indian Labour Conference, a tripartite body, met in 1954 and defined precisely what the needs-based minimum wage was and how it could be quantified using a balanced diet chart. This gave a great boost to collective bargaining; many organised sector trade unions were able to achieve reasonably satisfactory indexation and a system of paying an annual bonus. It is now the law, that a thirteenth month of wage must be paid as a deferred wage to all those covered by the Payment of Bonus Act. The minimum bonus payable is 8.33 percent and the maximum is 20 percent of the annual wage.Strikes and lockoutsWorkers have the right to strike, even without notice unless it involves a public utility service; employers have the right to lockout, subject to the same conditions as a strike. The parties may sort out their differences either bilaterally, or through a conciliation officer who can facilitate but not compel a settlement which is legally binding on the parties, even when a strike or a lockout is in progress. But if these methods do not resolve a dispute, the government may refer the dispute to compulsory adjudication and ban the strike or lockout.Conciliation, arbitration, and adjudicationWhen parties engaging in collective bargaining are unable to arrive at a settlement, either party or the government may commence conciliation proceedings before a government appointed conciliation officer whose intervention may produce a settlement, which is then registered in the labour department and becomes binding on all parties. If conciliation fails it is open to the parties to invoke arbitration or for the appropriate government to refer the dispute to adjudication before a labour court or a tribunal whose decision may then be notified as an award of a binding nature on the parties. Disputes may be settled by collective bargaining, conciliation, or compulsory adjudication.Colonial dispute settlement machineryThe Industrial Disputes Act 1947 (IDA) provides for the settlement machinery above. The framework of this legislation, which is the principle legislation dealing with core labour issues, is of colonial origin. This law originated firstly in the Trade Disputes Act 1929, introduced by the British, when there was a spate of strikes and huge loss of person days and secondly through Rule 81A of the Defence of India Rules 1942, when the British joined the war efforts and wanted to maintain wartime supplies to the allied forces. Interestingly the interim government on the eve of formal independence retained this framework by enacting the IDA, which still remains on the statute book.Developments after independenceEven though the IDA was primarily meant for industry in the organised sector, its present application has now extended well into the unorganised sector, through judge-made law. Its pro-worker protection clauses and safeguards against arbitrary job losses have evolved over a period of time both through the process of sustained legislative amendments and through the process of judicial activism spread over more than five decades.The original colonial legislation underwent substantial modification in the post-colonial era because independent India called for a clear partnership between labour and capital. The content of this partnership was unanimously approved in a tripartite conference in December 1947 in which it was agreed that labour would be given a fair wage and fair working conditions and in return capital would receive the fullest co-operation of labour for uninterrupted production and higher productivity as part of the strategy for national economic development and that all concerned would observe a truce period of three years free from strikes and lockouts.Regulation of job lossesSpace does not allow a detailed discussion of this transformation in labour policy and consequent amendments to labour law, but provisions that deal with job losses must be noted. Under the present law any industrial establishment employing more than 100 workers must make an application to the Government seeking permission before resorting to lay-off, retrenchment, or closure; employers resorting to any of the said forms of creating job losses, is acting illegally and workers are entitled to receive wages for the period of illegality. The Reserve Bank of India commissioned a study into the causes of sickness in Indian industry and they reported cryptically, 'Sickness in India is a profitable business'. This chapter in the IDA, which has been identified as offering high rigidity in the area of labour redundancy, has been targeted for change under globalisation and liberalisation.Protection of service conditionsA feature of the IDA is the stipulation that existing service conditions cannot be unilaterally altered without giving a notice of 21 days to the workers and the union. Similarly if an industrial dispute is pending before an authority under the IDA, then the previous service conditions in respect of that dispute cannot be altered to the disadvantage of the workers without prior permission of the authority concerned. This has been identified as a form of rigidity that hampers competition in the era of the World Trade Organisation.Removal from serviceA permanent worker can be removed from service only for proven misconduct or for habitual absence – due to ill health, alcoholism and the like, or on attaining retirement age. In other words the doctrine of 'hire and fire' is not approved within the existing legal framework. In cases of misconduct the worker is entitled to the protection of Standing Orders to be framed by a certifying officer of the labour department after hearing management and labour, through the trade union. Employers must follow principles of 'natural justice', which again is an area that is governed by judge-made law. An order of dismissal can be challenged in the labour court and if it is found to be flawed, the court has the power to order reinstatement with continuity of service, back wages, and consequential benefits. This again is identified as an area where greater flexibility is considered desirable for being competitive.Almost all pro-worker developments that accrued since independence are now identified as areas of rigidity and in the name of flexibility there is pressure on the government of India to repeal or amend all such laws. Interestingly, if such a proposal is fully implemented, labour law, especially for the organised sector, will go back to the colonial framework where state intervention was meant primarily to discipline labour, not to give it protection.
GlobalisationThe most distinctly visible change from globalisation is the increased tendency for offloading or subcontracting. Generally this is done through the use of cheaper forms of contract labour, where there is no unionisation, no welfare benefits, and quite often not even statutorily fixed minimum wages. Occasionally the tendency to bring contract labour to the mother plant itself is seen. This is very often preceded by downsizing, and since there is statutory regulation of job losses, the system of voluntary retirement with the 'golden handshake' is widely prevalent, both in public and private sectors.Regulation of contract labourThe Contract Labour (Prohibition and Regulation) Act 1970 provides a mechanism for registration of contractors (if more than twenty workers are engaged) and for the appointment of a Tripartite Advisory Board that investigates particular forms of contract labour, which if found to be engaged in areas requiring perennial work connected with the production process, then the Board could recommend its abolition. A tricky legal question has arisen as to whether the contract workers should be automatically absorbed or not after the contract labour system is abolished. Recently a Constitutional Bench of the Supreme Court held that there need not be such automatic absorption – in effect this 'abolishes' the contract labourer and has given rise to a serious anomaly.Phase between organised and unorganisedWe are already witnessing a reduction in the organised labour force and an increase in the ranks of the unorganised. The above law is a kind of inter-phase in the process of regulating the transition from regular employment to irregular employment. If contract labour is seen as introducing a form of flexibility, a strict enforcement of this Act could have had a salutary effect on the transition process. Instead the enforceability of the Act is now diluted and consequently even the minimum protection envisaged under this law to contract labourers is in jeopardy. Dominant thinking in relation to globalisation is having its effect on the judicial process also, ignoring Directive Principles of State Policy contained in the Constitution of India.Employment injury, health, and maternity benefitThe Workman's Compensation Act 1923 is one of the earliest pieces of labour legislation. It covers all cases of 'accident arising out of and in the course of employment' and the rate of compensation to be paid in a lump sum, is determined by a schedule proportionate to the extent of injury and the loss of earning capacity. The younger the worker and the higher the wage, the greater is the compensation subject to a limit. The injured person, or in case of death the dependent, can claim the compensation. This law applies to the unorganised sectors and to those in the organised sectors who are not covered by the Employees State Insurance Scheme, which is conceptually considered to be superior to the Workman's Compensation Act.The Employees State Insurance Act provides a scheme under which the employer and the employee must contribute a certain percentage of the monthly wage to the Insurance Corporation that runs dispensaries and hospitals in working class localities. It facilitates both outpatient and in-patient care and freely dispenses medicines and covers hospitalisation needs and costs. Leave certificates for health reasons are forwarded to the employer who is obliged to honour them. Employment injury, including occupational disease is compensated according to a schedule of rates proportionate to the extent of injury and loss of earning capacity. Payment, unlike in the Workmen's Compensation Act, is monthly. Despite the existence of tripartite bodies to supervise the running of the scheme, the entire project has fallen into disrepute due to corruption and inefficiency. Workers in need of genuine medical attention rarely approach this facility though they use it quite liberally to obtain medical leave. There are interesting cases where workers have gone to court seeking exemption from the scheme in order to avail of better facilities available through collective bargaining.The Maternity Benefit Act is applicable to notified establishments. Its coverage can therefore extend to the unorganised sector also, though in practice it is rare. A woman employee is entitled to 90 days of paid leave on delivery or on miscarriage. Similar benefits, including hospitalisation facilities are available under the law described in the paragraph above.Retirement benefitThere are two types of retirement benefit generally available to workers. One is under the Payment of Gratuity Act and the other is under the Provident Fund Act. In the first case a worker who has put in not less than five years of work is entitled to a lump sum payment equal to 15 days' wages for every completed year of service. Every month the employer is expected to contribute the required money into a separate fund to enable this payment on retirement or termination of employment. In the latter scheme both the employee and the employer make an equal contribution into a national fund. The current rate of contribution is 12 percent of the wage including a small percentage towards family pension. This contribution also attracts an interest, currently 9.5 percent per annum, and the accumulated amount is paid on retirement to the employee along with the interest that has accrued. Unfortunately the employee is allowed to draw many types of loan from the fund such as for house construction, marriage of children, and etc. As a result very little is available at the time of retirement. This is also a benefit, which is steadily being extended to sections of the unorganised sector, especially where the employer is clearly identifiable.Women labour and the lawWomen constitute a significant part of the workforce in India but they lag behind men in terms of work participation and quality of employment. According to Government sources, out of 407 million total workforce, 90 million are women workers, largely employed (about 87 percent) in the agricultural sector as labourers and cultivators. In urban areas, the employment of women in the organised sector in March 2000 constituted 17.6 percent of the total organised sector.Apart from the Maternity Benefit Act, almost all the major central labour laws are applicable to women workers. The Equal Remuneration Act was passed in 1976, providing for the payment of equal remuneration to men and women workers for same or similar nature of work. Under this law, no discrimination is permissible in recruitment and service conditions except where employment of women is prohibited or restricted by the law. The situation regarding enforcement of the provisions of this law is regularly monitored by the Central Ministry of Labour and the Central Advisory Committee. In respect of an occupational hazard concerning the safety of women at workplaces, in 1997 the Supreme Court of India announced that sexual harassment of working women amounts to violation of rights of gender equality. As a logical consequence it also amounts to violation of the right to practice any profession, occupation, and trade. The judgment also laid down the definition of sexual harassment, the preventive steps, the complaint mechanism, and the need for creating awareness of the rights of women workers. Implementation of these guidelines has already begun by employers by amending the rules under the Industrial Employment Standing Orders Act 1946.Implementation of labour lawsThe Ministry of Labour has the responsibility to protect and safeguard the interests of workers in general and those constituting the deprived and the marginal classes of society in particular with regard to the creation of a healthy work environment for higher production and productivity. The Ministry seeks to achieve this objective through enacting and implementing labour laws regulating the terms and conditions of service and employment of workers. In 1966, the Ministry appointed the First National Labour Commission (NLC) to review the changes in the conditions of labour since independence and also to review and assess the working of the existing legal provisions. The NLC submitted its report in 1969. The important recommendations of NLC have been implemented through amendments of various labour laws. In the areas of wage policy, minimum wages, employment service, vocational training, and worker's education, the recommendations made by the NLC have been largely taken into account in modifying policies, processes, and programmes of the government. In order to ensure consistency between labour laws and changes in economic policy, and to provide greater welfare for the working class, the Second NLC was constituted in 1999.All labour laws provide for an inspectorate to supervise implementation and also have penalties ranging from imprisonment to fines. Cases of non-implementation need to be specifically identified and complaints filed before magistrates after obtaining permission to file the complaint from one authority or the other. Very few cases are filed, very rarely is any violator found guilty, and almost never will an employer be sent to prison. Consequently these powers are used by corrupt officials only for collecting money from employers.This does not however mean that no labour laws are implemented. On the contrary experience has proved that the implementation of such laws is directly proportional to the extent of unionisation. This generalisation is particularly true of the informal sector.The unorganised sectorMany of the laws mentioned above apply to the unorganised sector also. In some cases a separate notification may be necessary to extend the application of a particular law to a new sector. It is useful to notice that some pieces of legislation are more general in character and apply across the board to all sectors. The Trade Union Act 1926, The Minimum Wages Act 1948, The Contract Labour (Regulation and Abolition) Act 1970, The Workman's Compensation Act 1923, and The Payment of Wages Act 1936 are examples of this type. In certain cases, even the IDA 1947 would be included.In addition to the above there are special sectoral laws applicable to particular sectors of the unorganised. Under this category are laws like the Building and Construction Workers Act 1996, the Bonded Labour System (Abolition) Act 1976, The Interstate Migrant Workers Act 1979, The Dock Workers Act 1986, The Plantation Labour Act 1951, The Transport Workers Act, The Beedi and Cigar Workers Act 1966, The Child Labour (Prohibition and Regulation) Act 1986, and The Mine Act 1952.Broadly speaking these sectoral laws either abolish or prohibit an abominable practice like bonded labour or they seek to regulate exploitative conditions by regulating working hours and conditions of service.
A recent trend has been to seek the creation of a welfare fund through the collection of a levy from which medical benefits or pension provisions are made. Workers and management may contribute and attempt to set up tripartite boards for implementation of welfare benefits. In some states like Kerala a large number of such boards have already been set up to take care of welfare in different sectors of employment.Another contemporary effort is to provide an umbrella statute to take care of employment conditions and social welfare benefits for all unorganised sections. Common central legislation for all agricultural workers is also on the anvil. Many powers are vested in quasi-judicial authorities, labour courts, and magistrates' courts. The power of review is in the High Courts and finally in the Supreme Court.
The general experience, with the occasional exception, is unbearable delay. Even where statutes prescribe reasonable time limits, they are not adhered to. Frustration with labour-related justice is heightened by these unlimited delays. A case of dismissal takes almost ten years for the labour court to decide and if the parties decide to seek judicial review in the higher courts there can be unlimited delay.
For the unorganised sector a renewed attempt to focus on the core labour standard identified by the ILO in its Declaration on Fundamental Rights at Work would still be worthwhile, especially if we take steps to ensure the implementation of the first of those core labour standards namely the freedom of association and the right to collective bargaining. It is only through the organisation of beneficiaries that we can hope for some benefits at least to percolate down into the hands of the needy.
http://www.legalindia.in/labour-law-in-india
Indian Law on Bonus: The History of Bonus
Thu, 06/10/2010 - 12:13 — LIG ReporterIndian law on bonus relate to legal issues and rights of workers in the context of bonus. However, what is a bonus? How did the concept evolve? These are questions that may rush through your mind, right? So, this discussion will help you understand interesting information about how and where it all began.
Bonus is any gift, incentive or cash payment, other than the salary or wages, made to an employee by the employer. The concept of bonus first originated after the First World War, when the industrial workers demanded for bonus because they felt there was a serious between the actual living wages and the contractual remunerations. It was initially known as war bonus where the employees paid to the workers some increase in wages. Later, the term 'war bonus' was replaced by special allowance. During the period of the Second World War, the workers in the textile industry received cash bonus equal to a part of their actual wages, in order to keep them satisfied.
Constitution of India: The Concept of Minimum Bonus
Tue, 06/08/2010 - 13:30 — LIG ReporterMost of the companies are aware of the fact that money is a powerful incentive to motivate and increase the morale of workers, particularly in the industrial sector. Ensuring productivity is of paramount importance in industrial development. That is why employers often make extra cash payments, other than the wages or salary to the employees, which is known as bonus. Bonus is often directly linked to performance of an employee.
Indian Laws on Bonus: Know How It Works For You
Mon, 06/07/2010 - 17:54 — LIG ReporterThe term 'bonus' has a magical effect on professionals, doesn't it? If you are a professional, it is a word that you expect to see and benefit from. This is defined as a boon or gift over and above what is nominally due as remuneration to the receiver. In the industrial context, a bonus can be defined as an incentive or extra monetary benefit given to workers other than their salary or wages.
Indian Laws on the Right to Strike
Mon, 06/07/2010 - 05:09 — LIG ReporterIndian laws have always recognized the workers' right to strike. The Supreme Court of India has invariably maintained the "right to strike" as not a fundamental right, but a legal right that workers can exercise as part of collective bargaining, wage bargaining and dispute resolution. However, several court rulings have also been in opposition to the right to strike, be it by political parties or trade unions. Here are some pertinent landmark rulings.
Industrial Dispute: The Concept of Tripartism
Mon, 05/31/2010 - 16:24 — LIG ReporterAn industrial dispute is a clash or difference in opinion between the management and workers of a corporation or industry as a whole pertaining to the employment terms. The affairs of industrial disputes are regulated by the Industrial Dispute Act, 1947. The Act provides for various courts of inquiry, industrial tribunal and boards of conciliation.
Industrial Dispute: Initiation of Collective Bargaining Process in an Industrial Dispute
Mon, 05/31/2010 - 16:16 — LIG ReporterThe collective bargaining process is an alternate dispute resolution technique that is used in resolving industrial disputes (those arising between employers and employees). The dispute may range from the working conditions to working hours, wages and other benefits offered to workers. The main purpose of this process is to reach a mutual agreement regarding the issues of employment term.
Trade Union: How Trade Unions Enjoy Civil Immunity
Mon, 05/31/2010 - 16:14 — LIG ReporterA registered trade union, under the Indian Trade Union Act, is entitled to various benefits, privileges, protections, immunities and exclusive rights, compared to unregistered trade unions.
Collective Bargaining: The Concept of Collective Bargaining
Fri, 05/28/2010 - 13:51 — LIG ReporterThe procedure opted by employers and workers to reach a collective agreement regarding employment terms and rights and the duties of workers is known as collective bargaining. Collective bargaining aims to resolve issues pertaining to wages, working conditions, health and safety, and working hours of workers.
Trade Union: How to Register Trade Unions in India?
Fri, 05/28/2010 - 12:56 — LIG ReporterA trade union can be made permanent and stable only if it is registered under the Trade Union Act. A registered trade union enjoys various privileges, benefits and immunities, and therefore, most sponsors of a trade union are tempted to register it. After registration, a trade union is entitled to represent its members.
Dr. Ambedkar with the Simon Commission
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STATEMENT "D"
EVIDENCE OF Dr. AMBEDKAR BEFORE THE INDIAN STATUTORY COMMISSION ON 23rd OCTOBER 1928
INDIAN STATUTORY COMMISSION, POONA[f1]
Dated 23rd October 1928
present
ALL THE MEMBERS OF THE COMMISSION, OF THE CENTRAL COMMITTEE (EXCEPT RAJA NAWAB ALI KHAN) AND OF THE BOMBAY PROVINCIAL COMMITTEE
______________________________________________________________________________________
Dr. B. R. Ambedkar (a member of the Bombay Committee) and Dr. P. G. Solanki (representing the Depressed Classes), called andexamined.
Chairman : Just to remind my colleagues, the documents we should have before us are : Dr. Ambedkar's Statement on behalf of the Depressed Classes' Institute of Bombay and the Joint Memorandum of the Depressed Indian Association, Bombay, and the Servants ofSomavamshi Society. Dr. Ambedkar has changed his seat, because he is acting for the moment as one of our witnesses. Dr. Ambedkar,of course, we know as a member of the Bombay Committee. I think. Dr. Solanki, you or your Association is responsible for the other document ?
Dr. Solanki : I concur in the document submitted by Dr. Ambedkar. 2. I should like you to begin. Dr. Ambedkar, by helping us as to the sort of number of depressed classes in this Presidency. Can you help us about that?
Dr. Ambedkar : I find that the depressed class population, as computed in the Memorandum submitted by the Government of Bombay is estimated at 1,478,390 as may be seen from page 3 of their Memorandum (Vol. VII).
3. Let us see. They say, "The depressed classes, which include mostly the Dheds, Mangs, Mahars and Holiyas, number, according to the Census of 1921, 1,478,390 approximately." What do you say about that figure ?
Dr. Ambedkar : As you will see, the figure I have given on page 39 of my Memorandum is about 28 lakhs.
4. You think the number should be about 2,800,000 ?
5. How does the discrepancy arise ?
Dr. Ambedkar : The first thing I should like to say is this, that the figures given by the Government of Bombay are taken, I believe, from the Census of India, 1921, Vol. 8, Bombay Presidency, Part II, the tables starting on page 176, while the figures which I give in my memorandum are from Chapter II of Vol. I of the Census of India, 1921. These are the figures estimated by the Director of Census, who has collected the figures of the different Provinces, and his computations, which I have taken bodily, are given on page 39 of my memorandum under the heading " Population of the Depressed Classes in India ", and show the figures for the different Provinces, giving the population of the depressed classes in each. Now, as we see, there is this discrepancy between the two sets of figures. These figures of course, can never be exact, neither the Provincial nor the Central figures. In fact, if the Conference will refer to the remarks of the Director of the Census of India, which I commence quoting on page 39 of my memorandum, it will be seen that, after giving the total estimated population of the depressed classes he goes on to say (page 39 of memorandum, in italics)[f2], " This, however, must be taken as a low and conservative estimate since it does not include (1) the full strength of the castes and tribes concerned, and (2) the tribal aborigines most recently absorbed in Hinduism, many of whom are considered impure. We may confidently place the numbers of the depressed classes, all of whom are considered impure, at something between 55 and 60 millions in India proper." Then he gives the figures for each province.
6. Would you mind if I just try to clear my own mind, not by reference to precise figures, but by contrasting two conceptions ? It is manifest that if some authorities, speaking with the precision of Census returns, give a total like 1,478,000, and other authorities, also speaking with precision, give a figure like 2,800,000, the second authorities must be including people not included by the first ?
Dr. Ambedkar : That is so, and I should, therefore, like to point out to the Conference that the provincial figures do not include certain castes which are, as a matter of fact, untouchable castes.
7. May we put it like this ? See if I have it correct, and if I have not please tell me. I have been studying it as well as I can, although I have been looking forward to your help and that of Dr. Solanki. In one sense of the term, by " Depressed Classes " you might mean untouchables in the sense of persons who are Hindus, but who are denied access to the Hindu temples, might you not ?
8. In another sense you might include in the " Depressed Classes " not only those people whom I have described, but also the criminal tribes, the hill tribes and other people who no doubt are very low in the scale, but who are not, perhaps, in the narrower sense untouchables from the point of view of the Hindus hierarchy ?
Dr. Ambedkar: Quite.
9. Is not that a possible view ?
Dr. Ambedkar : That is a possible view.
10. Is not that the real explanation of why in some connections you get a certain figure for the depressed classes, meaning untouchables, persons who are refused admission to the Hindu temples, whereas on the other hand you sometimes get a bigger figure which would include these criminal and hill tribes?
Dr. Ambedkar : I do not think that is so in this case, because the figures I have given seem to have reference to the depressed classes as distinct from the hill tribes and the criminal tribes.
II. Let me point this out to you. I have before me these three figures. I have got a figure of 1,478,000 odd for untouchables taken from the Census of 1921, and made up of these Mahars, Dheds and other people. Then I have a long list of criminal tribes and so on, which adds up to 589,000—just over half a million. Then I have a third list of aboriginals and hill tribes- Bhils, and people of that sort—and they add up to another million. If you were to add the aboriginal and criminal tribes in with the first figure, you would get a total approximately like the larger figure you give of 2,800,000 ?
Dr. Ambedkar : The quotation I reproduce on page 39 of my memorandum from the remarks of the Directors of the Census gives me the impression that his figures are strictly for the depressed classes. My feeling is that the figures computed by the Director of the Census and referred to by him in the paragraph which I quote on page 39 of my memorandum are figures which apply only to the depressed classes.
12. ......... I see that the Director of the Census of India for 1921 says this : " It has been usual in recent years to speak of a certain section of the community as the ' Depressed Classes '—so far as I am aware the term has no final definition, nor is it certain exactly whom it covers." Then he refers to some educational criticisms. That is the passage you mean ?
Dr. Ambedkar : Yes, and " The total population classed according to these lists as depressed amounted to 31 million persons or 19 percent. of the Hindu and tribal population of British India." That remark would appear to exclude the tribal people from the depressed classes.
13. I do not know. Anyhow, that is one possible explanation, and I think you agree a possible explanation is that the smaller figure is the figure of untouchables in the sense I have tried to define. I think you agree that is a possible view. It is manifest that for many purposes those interested in trying to promote the advancement and elevation of those who are most depressed may very well include in their survey a wider number of persons, including the criminal and hill tribes. That is a possibility ?
Dr. Ambedkar : It is a possibility.
14. I should like to suggest to you another possible view. I do not know if it qualifies it. On page 39 of your document you point out, quite accurately, I think, that if you add the provincial figures together you get something like 55 to 60 millions in India proper ?
Dr. Ambedkar : Yes.
15. "India proper " there, I think, would include the Indian States?
Dr. Ambedkar : Yes, I thought of that, but I would point out one thing. He seems to exclude the Indian States, because he gives a separate figure for Baroda.
16. Perhaps he mentions one or two of the larger ones ?
Dr. Ambedkar : Probably. Qualification of the figures.
17. We do not, of course, want to spend too long on the statistical point, because, after all, whether the right figure to take is 11/2 million or 2 millions or 21/2 millions, it is obvious, it is a very large number of people, and they are people who deserve our very special consideration?
Dr. Ambedkar : One point I wish to mention is this, that the figures from which the provincial figures are computed are in the table which deals only with the principal Indian castes. It is not an exhaustive table, and I find by going over the different castes which are mentioned in this table that it does not give any figures whatsoever for ten castes, which are undoubtedly castes. They are not included in the principal Indian castes.
18. What I was going to suggest, if it was agreeable to you both, was this. You have called attention to the main considerations with regard to the figures and, without fixing absolutely the right figures, I think it would be well to get rid of this figures point as quickly as possible and then we can get to the question of considering the position and treatment of these classes ; otherwise we may occupy a long time on arithmetic. I have asked what I want to put about it, and I am quite prepared to take it that if you apply a narrower test you may get a figure of 11/2 millions, but that with a wider test you will get a figure of between 2 and 3 millions. I accept that from you, as I follow it ?
Dr. Ambedkar: Yes, with this qualification, that the Bombay figures do not include ten of the castes.
Chairman : We want to get to the real point, which is their representation. Is there anyone who wants to occupy time on this statistical point ? Are you content, Mr. Rajah, that we should take it the figures are something of that sort?
Rao Bahadur Rajah : Which figures ?
Chairman : Do not you think we might proceed with the really important question, which is their representation, leaving it like this that in the Bombay Presidency the Census of 1921 gives a figure of 11/2 millions, but it would appear that those are the depressed classes in the narrower sense I have mentioned, the untouchables from the point of view of religion, but that, as Dr. Ambedkar has pointed out, the official figures really show, if you take a rather wider but perfectly legitimate view, that the true figure may be between 2 and 3 millions. Is not that fair ?
Rao Bahadar Rajah: Yes, that is right.
Chairman : Does anybody want to add anything about that ? 19.
Colonel Lane Fox : On which figure are the two memoranda which we have received based ? In each memorandum you ask for special representation for the depressed classes. You ask for adult suffrage in one memorandum, and you ask for special recruitment for the army and navy and so on. It is obvious it is a bigger thing if you ask for it for the aborigines and criminal tribes and so on. Are these privileges asked for the bigger figure or for the smaller ?
Dr. Ambedkar : I ask for them for the depressed classes.
20. For the aborigines and criminal classes also ?
Dr. Ambedkar : No. I do not think it would be possible to allow them the privilege of adult suffrage.
21. But you quote the bigger figure ?
Dr. Ambedkar : I am not accepting altogether the fact that the figure which I have given in my memorandum covers the aborigines and the hill tribes. I still hold to the view that on a fair computation the figure I have given is largely the figure for the depressed classes. I admit only the possibility of the other view.
Chairman : There is only one thing I might add. Sir Arthur Froom may be able to confirm it. I notice the Muddiman Committee (Reforms Enquiry Committee, 1925) in the table subjoined to para. 64 of their Report, give the figure at 2,800,000.
22. Sir Hari Singh Gour : Dr. Ambedkar, would you regard " depressed classes " and " untouchables " as synonymous terms ?
Dr. Ambedkar : Yes.
23. In asking for special representation for the depressed classes you confine yourselves to the untouchables ?
Dr. Ambedkar : Yes.
24. You say that some aborigines are not untouchables ?
Dr. Ambedkar : In some parts they may be. I do not propose to speak on their behalf.
25. They are not untouchables. The criminal tribes are not untouchables ?
Dr. Ambedkar : Some of them are.
26. Some, but as a tribe they are not ?
Dr. Ambedkar : The criminal tribes have so little social intercourse with the rest of the Hindus that there is no basis for any definite opinion on that point, but if they did have such intercourse I think they would be retarded as untouchables.
27. There are certain classes which stand midway between touchability and untouchability ?
Dr. Ambedkar : I would rather say they were lower down than (be untouchables.
28. No, higher up in the social ladder there is a class which is semi untouchable?
Dr. Ambedkar : I cannot say. My point is this, that with respect to the criminal tribes we have no data for forming an opinion as to whether they are untouchable or not, because there is very little intercourse between the main body of Hindus and the criminal tribes.
29. Leave out of account the criminal tribes and aborigines; I am now dealing with the untouchables. Among the untouchables themselves there are degrees; there are certain among them who may be regarded as only semi untouchable?
Dr. Ambedkar : (Both witnesses) No.
30. I will give you an example. What is the position of the Chambhar ?
Dr. Ambedkar : He is entirely untouchable.
32. Are you certain of that ?
Dr. Ambedkar : Yes, if you apply this test of common water, or of entering a temple.
33. No, by untouchability I mean whose touch will pollute a high caste Hindu ?
Dr. Ambedkar : Well, you can take entering a temple or taking water as a test.
Chairman: After all, we are engaged here primarily in a constitutional and political inquiry. Social customs and deep-rooted religious traditions are not things which are likely to be removed between night and morning by any commission; that is obvious enough. It really comes to this, that in one sense the depressed classes meaning the untouchables, will be those classes who are denied all access to Hindu temples, and who, it is suggested, are deprived very often of the use of schools, of dharmashalas and things of that sort. In addition to those, speaking politically and constitutionally, we shall all agree there are others, not very advanced in the scale of civilisation, such as SirHari Singh Gour has referred to—criminal tribes, hill tribes and so on—who are also inhabitants of India and as such demand our attention.
Sir Hari Singh Gour: The Hindus are divided into four castes. The Shudras cannot get into the temples.............
Chairman: I think we all appreciate that. However, we are not engaged in making laws for the Hindu religion, but in considering the structure of the constitution of British India, which is a very different thing.
34. Taking that figure, what is it that you want to represent as the proper way in which the constitution of India, and more particularly the constitution of the Bombay Presidency, should deal with these people ?
Dr. Ambedkar : The first thing I would like to submit is that we claim that we must be treated as a distinct minority, separate from the Hindu community. Our minority character has been hitherto concealed by our inclusion in the Hindu community, but as a matter of fact there is really no link between the depressed classes and the Hindu community. The first point, therefore, I would stress before the Conference is that we must be regarded as a distinct and independent minority. Secondly, I should like to submit that the depressed classes minority needs far greater political protection than any other minority in British India, for the simple reason that it is educationally very backward, that it is economically poor, socially enslaved, and suffers from certain grave political disabilities, from which no other community suffers. Then I would submit that, as a matter of demand for our political protection, we claim representation on the same basis as the Mohammedan minority. We claim reserved seats if accompanied by adult franchise.
35. And if there is no adult franchise ?
Dr. Ambedkar : Then we would ask for separate electorates. Further, we would like to have certain safeguards either in the constitution, if it is possible, or else in the way of advice in the instrument to the Governor regarding the education of the depressed classes and their entry into the public services.
36. May we just ask Dr. Solanki if he agrees in those points ?
Dr. Solanki: I agree with all the points.
37. Then we may take it that that is the view of both you gentlemen ?
Dr. Ambedkar : Yes.
38. Would it be convenient if I asked a question of two on these points as we go? You claim that the depressed class, although included within Hinduism in a sense, should none the less be regarded from the point of view of the constitution as a distinct and separate community from others who are within Hinduism ?
Dr. Ambedkar : Yes.
39. Is that on the ground that in your view the depressed classes cannot expect to have their interests satisfactorily represented by the higher ranks of Hinduism ?
Dr. Ambedkar: That is one ground, but a matter of fact, really we cannot be deemed to be part of the Hindu community.
40. You come, I believe from an earlier set of inhabitants of this continent?
Dr. Ambedkar : That is one view, I think.
41. It is supposed—-we will not go into details—that you are pre-Aryan ?
Dr. Ambedkar : Well, I do not know. That is a view.
*****
43. I only ask you the question because there are some very distinguished Hindu public men —1 do not mention any names — who have undoubtedly exhibited a good deal of interest in the case of the depressed classes. There is no question about that ?
Dr. Ambedkar : Yes, there is a great deal of public talk. 44. I know ; but, at any rate, that is your view : You say you must be regarded as a distinct and separate community from the constitutional point of view ?
45. As regards representation, I notice that whether there is adult franchise, or whether there is not adult franchise, you seem to be abandoning any idea of nomination, you want election ?
46. Is that the view of both of you ?
Dr. Solanki: Yes.
47. That means, of course, that you have to make a list of voters ?
48. And you have to make sure that the man who comes to vote is the man on the list, and nobody else?
49. Could you give me an estimate at all, Dr. Ambedkar, of what percentage of the population whom you call the depressed classes can read?
Dr. Ambedkar : In a separate memorandum which I have submitted to the Commission on education in the Bombay Presidency I gave the figures.
50. I am afraid it is a very small proportion ?
51. After all, one of the complaints that are made is that they have not had as free access to schools as more fortunate people ?
52. So it would mean, would it not, if it was done by election, that it would almost entirely have to be done by people voting who could not themselves understand the ballot paper ?
http://www.ambedkar.org/ambcd/14D.%20Dr.%20Ambedkar%20with%20the%20Simon%20Commission%20D.htm
Trade union
A trade union (British English) or labor union (American English) is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members (rank and file members) and negotiates labour contracts (collective bargaining) with employers. This may include the negotiation ofwages, work rules, complaint procedures, rules governing hiring, firing and promotion of workers, benefits, workplace safety and policies. The agreements negotiated by the union leaders are binding on the rank and file members and the employer and in some cases on other non-member workers.
Originating in Europe, trade unions became popular in many countries during theIndustrial Revolution, when the lack of skill necessary to perform most jobs shifted employment bargaining power almost completely to the employers' side, causing many workers to be mistreated and underpaid. Trade union organizations may be composed of individual workers, professionals, past workers, or the unemployed. The most common, but by no means only, purpose of these organizations is "maintaining or improving the conditions of their employment".[1]
Over the last three hundred years, many trade unions have developed into a number of forms, influenced by differing political objectives. Activities of trade unions vary, but may include:
- Provision of benefits to members: Early trade unions, like Friendly Societies, often provided a range of benefits to insure members against unemployment, ill health, old age and funeral expenses. In many developed countries, these functions have been assumed by the state; however, the provision of professional training, legal advice and representation for members is still an important benefit of trade union membership.
- Collective bargaining: Where trade unions are able to operate openly and are recognized by employers, they may negotiate with employers over wages and working conditions.
- Industrial action: Trade unions may enforce strikes or resistance to lockouts in furtherance of particular goals.
- Political activity: Trade unions may promote legislation favourable to the interests of their members or workers as a whole. To this end they may pursue campaigns, undertake lobbying, or financially support individual candidates or parties (such as the Labour Party in Britain) for public office.
Contents[hide] |
[edit]History
 | The examples and perspective in this article or section might have an extensive bias or disproportional coverage towards USA. Please improve this article or discuss the issue on the talk page. |
The origins of unions' existence can be traced from the 18th century, where the rapid expansion of industrial society drew women, children, rural workers, and immigrants to the work force in numbers and in new roles. This pool of unskilled and semi-skilled labour spontaneously organised in fits and starts throughout its beginnings,[1] and would later be an important arena for the development of trade unions. Trade unions as such were endorsed by the Catholic Church towards the end of the 19th Century. Pope Leo XIII in his "Magna Carta"—Rerum Novarum—spoke against the atrocities workers faced and demanded that workers should be granted certain rights and safety regulations.[2]
[edit]Origins and early history
Trade unions have sometimes been seen as successors to the guilds of medieval Europe, though the relationship between the two is disputed.[3] Medieval guilds existed to protect and enhance their members' livelihoods through controlling the instructional capital ofartisanship and the progression of members from apprentice to craftsman, journeyman, and eventually to master and grandmaster of their craft. A trade union might include workers from only one trade or craft, or might combine several or all the workers in one company or industry.
Trade unions and/or collective bargaining were outlawed from no later than the middle of the 14th century when the Ordinance of Labourerswas enacted in the Kingdom of England. Union organizing would eventually be outlawed everywhere and remain so until the middle of the 19th century.
Since the publication of the History of Trade Unionism (1894) by Sidney and Beatrice Webb, the predominant historical view is that a trade union "is a continuous association of wage earners for the purpose of maintaining or improving the conditions of their employment."[1] A modern definition by the Australian Bureau of Statistics states that a trade union is "an organization consisting predominantly of employees, the principal activities of which include the negotiation of rates of pay and conditions of employment for its members."[4]
Yet historian R.A. Leeson, in United we Stand (1971), said:
Two conflicting views of the trade-union movement strove for ascendancy in the nineteenth century: one the defensive-restrictive guild-craft tradition passed down through journeymen's clubs and friendly societies, ... the other the aggressive-expansionist drive to unite all 'labouring men and women' for a 'different order of things'.
Recent historical research by Bob James in Craft, Trade or Mystery (2001) puts forward the view that trade unions are part of a broader movement of benefit societies, which includes medieval guilds, Freemasons, Oddfellows, friendly societies, and other fraternal organisations.
The 18th century economist Adam Smith noted the imbalance in the rights of workers in regards to owners (or "masters"). In The Wealth of Nations, Book I, chapter 8, Smith wrote:
We rarely hear, it has been said, of the combination of masters, though frequently of those of workmen. But whoever imagines, upon this account, that masters rarely combine, is as ignorant of the world as of the subject. Masters are always and everywhere in a sort of tacit, but constant and uniform combination, not to raise the wages of labor above their actual rate[.]When workers combine, masters ... never cease to call aloud for the assistance of the civil magistrate, and the rigorous execution of those laws which have been enacted with so much severity against the combination of servants, labourers, and journeymen.
As Smith noted, unions were illegal for many years in most countries, although Smith argued that it should remain illegal to fix wages or prices by employees or employers. There were severe penalties for attempting to organize unions, up to and including execution. Despite this, unions were formed and began to acquire political power, eventually resulting in a body of labour law that not only legalized organizing efforts, but codified the relationship between employers and those employees organized into unions. Even after the legitimization of trade unions there was opposition, as the case of the Tolpuddle Martyrs shows.
The right to join a trade union is mentioned in article 23, subsection 4 of the Universal Declaration of Human Rights (UDHR), which also states in article 20, subsection 2 that "No one may be compelled to belong to an association". Prohibiting a person from joining or forming a union, as well as forcing a person to do the same (e.g. "closed shops" or "union shops", see below), whether by a government or by a business, is generally considered a human rights abuse. Similar allegations can be levelled if an employer discriminates based on trade union membership. Attempts by an employer, often with the help of outside agencies, to prevent union membership amongst their staff is known as union busting.
[edit]Europe
In France, Germany, and other European countries, socialist parties and democrats played a prominent role in forming and building up trade unions, especially from the 1870s onwards. This stood in contrast to the British experience, where moderate New Model Unions dominated the union movement from the mid-19th century and where trade unionism was stronger than the political labour movement until the formation and growth of the Labour Party in the early years of the 20th century.
Government opposition to Trade unionism in the United Kingdom was a major factor in economic crises during the 1960s and in particular the1970s, culminating some would argue in the Winter of Discontent of late 1978 and early 1979, when a significant percentage of the nation's public sector workers went on strike. By this stage, some 12,000,000 workers in the United Kingdom were trade union members. However, the election of the Conservative Party led by Margaret Thatcher at the general election in May 1979, at the expense of Labour's James Callaghan, saw substantial trade union reform which saw the level of strikes fall, but also the level of trade union membership fall. By the end of the 1980s, membership had fallen to just over 6,000,000—little more than half the level of a decade earlier—and it also counted against the Labour Party's hopes of regaining power, as its relationship with the trade unions had traditionally been seen as a strength but after the Winter of Discontent it was seen as a liability. Manufacturing, the main source of union strength in the United Kingdom, had shrunk by half during the early 1980s recession pushing unemployment from 1,500,000 to more than 3,000,000.[5]
Earlier in the 1970s, Conservative prime minister Edward Heath (elected in 1970) had attempted to reduce trade union powers due to the rising level of strikes across the country. However, he backed down with his stance against the unions following a backlash by the militant miners' union, which saw many of his own MPs turn against him. The strikes continued, and Heath responded by calling a snap election inFebruary 1974. The election resulted in a hung parliament with the Tories having the most votes but Labour having slightly more seats, and failed attempts by Heath to form a coalition with the Liberals led to the resignation of his government and the return of Harold Wilson as prime minister of a minority Labour government, which gained a three-seat majority at a second election later in the year.[6]
[edit]Unions in the United States
[edit]19th Century American Unionism
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In the early 19th century, many men from large cities put together the organization which we now call the Trade Union Movement. Individuals who were members of unions at this time were skilled, experienced, and knew how to get the job done. Their main reasoning for starting this movement was to put on strikes. However, they did not have enough men to fulfill their needs and the unions which began this trendy movement collapsed quickly. The Mechanics' Union Trade Association was the next approach to bring workers together. In 1827, this union was the first U.S. labor organization which brought together workers of divergent occupations. This was "the first city-wide federation of American workers, which recognized that all labor, regardless of trades, had common problems that could be solved only by united efforts as a class."[7] This organization took off when carpentry workers from Philadelphia went on strike to protest their pay wages and working hours. This union strike was only a premonition of what was to come in the future.
According to history.com:[8]
| " | Besides acting to raise wages and improve working conditions, the federations espoused certain social reforms, such as the institution of free public education, the abolition of imprisonment for debt, and the adoption of universal manhood suffrage. Perhaps the most important effect of these early unions was their introduction of political action. | " |
Workers realized what unionism was all about through the configuration of mechanics association and many people followed in their footsteps. The strike gave others hope that they could get their concerns out by word of mouth. Before this time many people did not speak about their concerns because of the lack of bodies. However, with more people comes more confidence. Strikes were a new way of speaking your mind and getting things accomplished.
The next established union which made an impact on the trade movement was the Grand National Consolidated Trade Union. This union was founded in 1834 as the first domestic association. However, this union was short lived due to the panic of 1837. "[Andrew] Jackson thought the Bank of the United States hurt ordinary citizens by exercising too much control over credit and economic opportunity, and he succeeded in shutting it down. But the state banks' reckless credit policies led to massive speculation in Western lands. By 1837, after Van Buren had become president, banks were clearly in trouble. Some began to close, businesses began to fail, and thousands of people lost their land." [9]This collapse of financial support and businesses left workers unemployed. Many of these workers, who became affected by the 1837 disaster, were members of a union. It was very hard for them to stay together in an economic hardship and the trade union movement came to a bump in the road. But the economy was restored by the early 1840s and trade unions started doing better. National labor unions were forming, different than ones in the past, consisting now of members of the same occupation.
"Labor is prior to, and independent of, capital. Capital is only the fruit of labor, and could never have existed if labor had not first existed. Labor is the superior of capital, and deserves much the higher consideration."
The work force was drastically impacted by the Civil War and the economy was thriving. Many workers gained employment because of this economic boom and unions increased greatly. "More than 30 national craft unions were established during the 1860s and early '70s."[8] One of the significant national craft unions to be formed during this time was the National Labour Union (NLU). It was created in 1866 and included many types of workers.[11] Although relatively short-lived, the NLU paved the way for future American unions. Following the decline of the NLU, theKnights of Labour became the leading countrywide union in the 1860s. This union did not include Chinese, and partially included black people and women.[12]
[edit]Knights of Labour
The Noble and Holy Order of the Knights of Labour (KOL) was founded in Philadelphia in 1869 by Uriah Stephens and six other men. The union was formed for the purpose of organising, educating and directing the power of the industrial masses, according to their Constitution of 1878.[13] The Knights gathered people to join the Order who believed in creating "the greatest good to the greatest amount of people". The Knights took their set goals very seriously. Some of which consisted of "productive work, civic responsibility, education, a wholesome family life, temperance, and self-improvement."[14]
The Knights of Labour worked as a secret fraternal society until 1881. The union grew slowly until the economic depression of the 1870s, when large numbers of workers joined the organisation.[15] The Knights only permitted certain groups of individuals into their Order which promoted social division amongst the people around them. Bankers, speculators, lawyers, liquor dealers, gamblers, and teachers were all excluded from the union. These workers were known as the "non-producers" because their jobs did not entail physical labour. Factory workers and business men were known as the "producers" because their job constructed a physical product. The working force producers were welcomed into the Order. Women were also welcome to join the Knights, as well as black workers by the year 1883.[16] However, Asians were excluded. In November 1885, the Knights of a Washington city pushed to get rid of their Asian population. The knights were strongly for the Chinese Exclusion Act of 1882 because it greatly helped them deteriorate the Asian community. "The Act required the few non-labourers who sought entry to obtain certification from the Chinese government that they were qualified to immigrate. But this group found it increasingly difficult to prove that they were not labourers because the 1882 act defined excludables as 'skilled and unskilled labourers and Chinese employed in mining.' Thus very few Chinese could enter the country under the 1882 law." [17]
The act also stated that if an Asian left the country, they needed a certificate to re-enter.
Although Asians were not welcomed in the union, black workers who joined the union brought a large number of blacks into the white labour movement. In 1886, the Union exceeded 700,000 members, 60,000 of them black. The Knights were told that they "broke the walls of prejudice"; the "colour line had been broken and black and white were found working in the same cause.
[edit]American Federation of Labor
The American Federation of Labour (AFL),founded by Samuel Gompers, was established due to the vexation of many Knights who parted from the KOL. Many Knights joined the AFL because they set themselves apart from the KOL. The KOL "tried to teach the American wage-earner that he was a wage-earner first and a bricklayer, carpenter, miner [...] after. This meant that the Order was teaching something that was not so in the hope that sometime it would be.' But the AFL affiliates organised carpenters as carpenters, bricklayers as bricklayers, and so forth, teaching them all to place their own craft interests before those of other workers."[18]
The AFL also differed from the KOL because it only allowed associations to be formed from workers and workers were the only people permitted to join them. Unlike the AFL, the knights also allowed small businesses to join. A small business is "An independently owned and operated business that is not dominant in its field of operation and conforms to standards set by the Small Business Administration or by state law regarding number of employees and yearly income called also small business concern."[19]
Since the knights allowed an array of members into their association, they ended up getting rid of many because they did not fit the title. However, the AFL was right behind them picking up their pieces. This was another way in which the AFL helped to destroy the Knights. Once an associate was no longer a knight, and they fit the description of an AFL member, they hunted them down and offered them a spot. Many times spots were offered to men who were still Knights. This allowed the AFL to grow very strong with a diverse set of members.
The diversity in the AFL faltered when many of the black members were excluded. Gompers only wanted skilled workers representing his union and many black people were not considered skilled. The AFL claimed to not exclude the black members because of their race but because they were not qualified for the part. "So as long as wages rose, and they did, hours fell, and they did, security increased, and it appeared to, the AFL could grow fat while neglecting millions of labourers doomed to lives of misery and want."[18] Even black workers considered skilled enough to fit the part were generally excluded from the Union. The AFL conducted literacy tests which had the effect of excluding immigrants and blacks. Regardless of black members being excluded, the AFL was the most prevalent union federation in America before the mid 1940s. The union was composed of over 10 million members before it combined with the Congress of Industrial Organisation (CIO).
[edit]Congress of Industrial Organisations
The CIO was put forth by John L. Lewis when troubles with the AFL persisted, after the death of Gompers in 1924. Many members of the union requested that they switch the rules which were laid out by Gompers. They wanted to support inexperienced workmen rather than only focusing on experienced workers of one occupation. John L. Lewis was the first member of the AFL to act upon this issue in 1935. He was the founder of the Committee for the Industrial Organisation which was an original union branched from the AFL. The Committee for the Industrial Organisation transformed into the Congress of Industrial Organisation. "The Congress of Industrial Organisations (CIO) encompassed the largest sustained surge of worker organisation in American history."[20] In the 1930s, the CIO grabbed many of their member's attention through victorious strikes. In the 1935, employees of Goodyear Tire and Rubber Company formed their own union called the United Rubber Workers. The Rubber Workers went on strike in 1936 to protest an increase in product with lower pay wages. "There were forty-eight strikes in 1936 in which the strikers remained at their jobs for at least one day; in twenty-two of these work stoppages, involving 34,565 workers, the strikers stayed inside the plants for more than twenty-four hours."[21] This tactic was called a "sit-down" strike which entailed workers to stop doing their job and sit in their place of employment. During these strikes, business owners were unable to bring in new workers to replace the ones who were on strike because they were still in their seats at the factory. This was unlike any strikes in the past. Before this time, workers showed their fury by leaving their factory and standing in picket lines. Walter Reuther was in control of the union at this time and moved forward to higher roles during 1955.
[edit]AFL-CIO
On May 5, 1955, union delegates gathered in NY on behalf of 16 million workers, to witness and support the merger of The American Federation of Labor and The Congress of Industrial Organization. The merger is a result of 20 years of effort put forth by both the AFL and CIO presidents, George Meany and Walter Reuther. The gathered delegates applauded loudly when the time came to nominate officers for the new AFL-CIO. Reuther who was named one of the 37 vice presidents of the union, nominated Meany for President. After Meany's retirement in 1979, Lane Kirkland took over his position. President Dwight D. Eisenhower, who was elected in 1952, was the first to publicly address and congratulate the new union, which was now the largest in the world.
In Eisenhower's telephone broadcast to the United States he acknowledged the impact union members had made to better the nation and one of these impacts was "the development of the American philosophy of labour."[22] Eisenhower states three principles which he feels apply to the philosophy of labour. The first principles states that: "the ultimate values of mankind are spiritual; these values include liberty, human dignity, opportunity and equal rights and justice."[22] Eisenhower was stating that every individual deserves a job with decent compensation, practical hours, and good working conditions that leave them feeling fulfilled. His second principle speaks of the economic interest of the employer and employee being a mutual prosperity.[22] The employers and employees must work together in order for there to be the greatest amount of wealth for all. Workers have a right to strike when they feel their boundaries are being crossed and the best way for the employer to fix the employees unhappiness is to come to a mutual agreement. His last principle which he preached stated: "labour relations will be managed best when worked out in honest negotiation between employers and unions, without Government's unwarranted interference."[22] Eisenhower was saying that when both parties cooperate and act in mature fashion, it will be easier to work out situations and a better outcome will result because of it. Once he was done delivering the speech, everyone across the U.S. knew of the new AFL-CIO whose "mission [was] to bring social and economic justice to our nation by enabling working people to have a voice on the job, in government, in a changing global economy and in their communities."[23]
This new alliance is made up of 56 nationwide and intercontinental labour unions. The unions which are a part of this alliance are composed of 2.5 million working Americans and 8.5 million other affiliated members. These members do not fall under one job title but they are very diversely spread out among the working area. Their jobs go from doctors to truck drivers and painters to bankers. The mission of these workers and the AFL-CIO "is to improve the lives of working families—to bring economic justice to the workplace and social justice to our nation. To accomplish this mission we will build and change the American labour movement."[24] The AFL-CIO also has many goals which coincide with their mission:
"We will build a broad movement of American workers by organizing workers into unions. We will build a strong political voice for workers in our nation. We will change our unions to provide a new voice to workers in a changing economy. We will change our labour movement by creating a new voice for workers in our communities."[24]
The association was willing to go to any extent to help out their employers which is why the membership was so high. Members started to slowly disappear after 25 successful years of a steady membership. Starting out with 16 million members in 1955 and dropping down to 13 million by 1984 is a significant loss. This loss of members is in large part due to the 1957 removal of the Teamsters' Union who were long time members of the AFL. The Teamsters' were involved in organized crime and manipulating employers with strong force. The Teamsters' philosophy was to
"Let each member do his duty as he sees fit. Let each put his shoulder to the wheel and work together to bring about better results. Let no member sow seeds of discord within our ranks, and let our enemies see that the Teamsters of this country are determined to get their just rewards and to make their organization as it should be—one of the largest and strongest trade unions in the country now and beyond."[25]
This philosophy did not work well for Teamster presidents Beck, Hoffa, and Williams who were all accused of criminal acts and sent to prison. In 1987 the AFL-CIO membership grew to 14 million members when the Teamsters Union was restored to the association.
The AFL-CIO also lost many members due to financial struggles in the United States. During the late 20th century the U.S. dollar began to oscillate due to rivalry with foreign countries and their currencies. This affects global trafficking and results in job loss for American citizens. The issues between the United States and foreign countries cannot be resolved by Eisenhower's third principle, which entailed honest negotiations. Consequently, the association has been dynamically supportive in administration policies which deal with global trafficking, the production of goods, and many other issues, which are optimistic policies that will add to an established financial system.
The AFL-CIO is now governed by a gathering of delegates who are present on behalf of association members who meet every four years. The delegates who are the spokespeople of the federation members are chosen by union members. While the delegates vote for new representatives every four years, they also lay down the goals and policies for the union. The most recent representatives for the organization along with 45 vice presidents are President John J. Sweeny, Secretary-treasurer Richard Trumka, and executive vice president Arlene Holt Baker
In the United States there are a total of 15.4 million union members, "11 million of whom belong to unions affiliated with the AFL-CIO."[26] This number has grown rapidly since the beginning of the union movement because today, all individuals with different occupations are welcomed to join unions. "Today's unions include manufacturing and construction workers, teachers, technicians and doctors—and every type of worker in between. No matter what you do for a living, there's a union that has members who do the same thing."[26] Educating union members about issues that shape lives of functioning families on a daily basis is one of the AFL-CIO's policies. They give them confidence to have their voices heard for political purposes. They also prioritize in
"creating family-supporting jobs by investing tax dollars in schools, roads, bridges and airports; improving the lives of workers through education, job training and raising the minimum wage; keeping good jobs at home by reforming trade rules, reindustrializing the U.S. economy and redoubling efforts at worker protections in the global economy; strengthening Social Security and private pensions; making high-quality, affordable health care available to everyone; and holding corporations more accountable for their actions."[26]
The AFL-CIO is very supportive of political issues and they show their concern[editorializing] by giving out information about existing political issues to families. This information is spread by volunteers and activists and includes where all the candidates stand on the issues.
[edit]Mexico
Before the 1990s, unions in Mexico had been historically part of a state institutional system. Between the end of the Mexican revolution in 1940, till the 1980s worldwide spread of neo-liberalism through the Washington Consensus, the Mexican unions did not operate independently, but instead as part of a state institutional system, largely controlled by the ruling party.[27]
During these 40 years, the primary aim of the labour unions was not to benefit the workers, but to carry out the state's economic policy under their cosy relationship with the ruling party. This economic policy, which peaked in the 1950-60s with the so called Mexican Miracle, saw rising incomes and rising standards of living. Only a minor part went to the workers, while the primary beneficiaries had been the wealthy.[27]
In the 1980s, Mexico began to follow the Washington Consensus, and sell off state industries (railroad, telecommunication) to private industries. The new owners had an antagonist attitude towards unions, and the unions, accustomed to the comfortable relationship with the state, were not prepared to fight back. A movement of new unions began to emerge with a more independent model, while the old institutionalised unions had become very corrupt, violent and gangster led. From the 1990s, the new model of independent unions prevailed, and a number of them were represented by the National Union of Workers.[27]
[edit]Australia
Supporters of Unions, such as the ACTU or Australian Labor Party, often credit trade unions with leading the labour movement in the early 20th century, which generally sought to end child labourpractices, improve worker safety, increase wages for both union workers and non union workers, raise the entire society's standard of living, reduce the hours in a work week, provide public education for children, and bring other benefits to working class families.[28]
[edit]Structure and politics
- Union structures, politics, and legal status vary greatly from country to country. For specific country details see List of trade unions.
Unions may organize a particular section of skilled workers (craft unionism), a cross-section of workers from various trades (general unionism), or attempt to organize all workers within a particular industry (industrial unionism). These unions are often divided into "locals", and united in national federations. These federations themselves will affiliate with Internationals, such as theInternational Trade Union Confederation.
A union may acquire the status of a "juristic person" (an artificial legal entity), with a mandate to negotiate with employers for the workers it represents. In such cases, unions have certain legal rights, most importantly the right to engage in collective bargaining with the employer (or employers) over wages, working hours, and other terms and conditions of employment. The inability of the parties to reach an agreement may lead to industrial action, culminating in eitherstrike action or management lockout, or binding arbitration. In extreme cases, violent or illegal activities may develop around these events.
In other circumstances, unions may not have the legal right to represent workers, or the right may be in question. This lack of status can range from non-recognition of a union to political or criminal prosecution of union activists and members, with many cases of violence and deaths having been recorded both historically and contemporarily.[29][30]
Unions may also engage in broader political or social struggle. Social Unionism encompasses many unions that use their organizational strength to advocate for social policies and legislation favourable to their members or to workers in general. As well, unions in some countries are closely aligned with political parties.
Unions are also delineated by the service model and the organizing model. The service model union focuses more on maintaining worker rights, providing services, and resolving disputes. Alternately, the organizing model typically involves full-time union organizers, who work by building up confidence, strong networks, and leaders within the workforce; and confrontational campaigns involving large numbers of union members. Many unions are a blend of these two philosophies, and the definitions of the models themselves are still debated.
Although their political structure and autonomy varies widely, union leaderships are usually formed through democratic elections.
Some research, such as that conducted by the ACIRRT,[31] argues that unionized workers enjoy better conditions and wages than those who are not unionized.
In Britain, the perceived left-leaning nature of trade unions has resulted in the formation of a reactionary right-wing trade union called Solidaritywhich is supported by the far-right BNP.
[edit]Shop types
Companies that employ workers with a union generally operate on one of several models:
- A closed shop (US) or a "pre-entry closed shop" (UK) employs only people who are already union members. The compulsory hiring hallis an example of a closed shop—in this case the employer must recruit directly from the union, as well as the employee working strictly for unionized employers.
- A union shop (US) or a "post-entry closed shop" (UK) employs non-union workers as well, but sets a time limit within which new employees must join a union.
- An agency shop requires non-union workers to pay a fee to the union for its services in negotiating their contract. This is sometimes called the Rand formula. In certain situations involving state public employees in the United States, such as California, "fair share laws" make it easy to require these sorts of payments.
- An open shop does not require union membership in employing or keeping workers. Where a union is active, workers who do not contribute to a union still benefit from the collective bargaining process. In the United States, state level right-to-work laws mandate the open shop in some states.
[edit]Diversity of international unions
Union law varies from country to country, as does the function of unions. For example, in Germany only open shops are legal; that is, all discrimination based on union membership is forbidden. This affects the function and services of the union. In addition, German unions have played a greater role in management decisions through participation in corporate boards and co-determination than have unions in the United States.[32]
In Britain, a series of laws introduced during the 1980s by Margaret Thatcher's government restricted closed and union shops. All agreements requiring a worker to join a union are now illegal. In the United States, the Taft-Hartley Act of 1947 outlawed the closed shop, and the union shop was deemed illegal by the Supreme Court.[33]
In addition, unions' relations with political parties vary. In many countries unions are tightly bonded, or even share leadership, with a political party intended to represent the interests of working people. Typically this is a left-wing, socialist, or social democratic party, but many exceptions exist. In the United States, by contrast, although it is historically aligned with the Democratic Party, the union movement is by no means monolithic on that point; this is especially true among the individual "rank and file" members. For example, the International Brotherhood of Teamsters has supported Republican Party candidates on a number of occasions and the Professional Air Traffic Controllers Organization (PATCO) endorsed Ronald Reagan in 1980. In Britain the union movement's relationship with the Labour Party frayed as party leadership embarked on privatisation plans at odds with what unions see as the worker's interests. However, it has strengthened once more after the Labour party's election of Ed Milliband who beat his brother David Milliband, to become leader of the party after Ed secured the trade unions votes. On top of this in the past there as been a group known as the Conservative Trade Unionists or CTU. A group formed of people who sympathized with right wing Tory policy but were Trade Unionists.
In Western Europe, professional associations often carry out the functions of a trade union. In these cases, they may be negotiating forwhite-collar workers, such as physicians, engineers, or teachers. Typically such trade unions refrain from politics or pursue a more ordoliberal politics than their blue-collar counterparts[citation needed].
In Germany the relation between individual employees and employers is considered to be asymmetrical. In consequence, many working conditions are not negotiable due to a strong legal protection of individuals. However, the German flavour or works legislation has as its main objective to create a balance of power between employees organized in unions and employers organized in employers associations. This allows much wider legal boundaries for collective bargaining, compared to the narrow boundaries for individual negotiations. As a condition to obtain the legal status of a trade union, employee associations need to prove that their leverage is strong enough to serve as a counterforce in negotiations with employers. If such an employees association is competing against another union, its leverage may be questioned by unions and then evaluated in a court trial. In Germany only very few professional associations obtained the right to negotiate salaries and working conditions for their members, notably the medical doctors association Marburger Bund and the pilots association Vereinigung Cockpit. The engineers association Verein Deutscher Ingenieure does not strive to act as a union, as it also represents the interests of engineering businesses.
Finally, the structure of employment laws affects unions' roles and how they carry out their business. In many western European countries wages and benefits are largely set by governmental action. The United States takes a more laissez-faire approach, setting some minimum standards but leaving most workers' wages and benefits to collective bargaining and market forces. Historically, the Republic of Korea has regulated collective bargaining by requiring employers to participate but collective bargaining has been legal only if held in sessions before thelunar new year.
[edit]Criticism
Trade unions have been accused of benefiting insider workers, those having secure jobs, at the cost of outsider workers, consumers of the goods or services produced, and the shareholders of the unionized business.[35]
In the United States, the outsourcing of labour to Asia, Latin America, and Africa has been partially driven by increasing costs of union partnership, which gives other countries acomparative advantage in labour, making it more efficient to perform labour-intensive work there.[36] Milton Friedman, Nobel economist and advocate of laissez-faire capitalism, sought to show that unionization produces higher wages (for the union members) at the expense of fewer jobs, and that, if some industries are unionized while others are not, wages will tend to decline in non-unionized industries.[37]
Trade unions have been said to have ineffective policies on racism and sexism, such that a union is justified in not supporting a member taking action against another member. This was demonstrated by the 1987 judgment in the Weaver v NATFHE case in the UK, in which a black Muslim woman brought a complaint of workplace racist harassment against a co-trade unionist. The court found that the union, had it offered assistance to the plaintiff, would be in violation of its duty to protect the tenure of the accused member, and this judgment remains the precedent for cases in which union members who make complaints to the employer of racist or sexist harassment against member(s) of the same union cannot obtain union advice or assistance; this applies irrespective of the merit of the complaint.[38]
[edit]International unionization
The largest trade union in the world is the Brussels-based International Trade Union Confederation, which today has approximately 309 affiliated organizations in 156 countries and territories, with a combined membership of 166 million. Other global trade union organizations include the World Federation of Trade Unions.
National and regional trade unions organizing in specific industry sectors or occupational groups also form global union federations, such asUnion Network International, the International Federation of Journalists or the International Arts and Entertainment Alliance.
[edit]Union publications
Several sources of current news exist about the trade union movement in the world. These include LabourStart and the official website of the international trade union movement Global Unions.
Another source of union news is the Workers Independent News, a news organization providing radio articles to independent and syndicated radio shows.
Labor Notes is the largest circulation cross-union publication remaining in the United States. It reports news and analysis about union activity or problems facing the labour movement.
[edit]In film
- The 2000 film Bread and Roses by British director Ken Loach depicted the struggle of cleaners in Los Angeles to fight for better pay, and working conditions, and the right to join a union.
- Hoffa—A Danny DeVito film (1992): The man who was willing to pay the price for power. "Jack Nicholson gives a gigantic powerhouse performance"—The New York Times
- The 1985 documentary film Final Offer by Sturla Gunnarsson and Robert Collision shows the 1984 union contract negotiations withGeneral Motors.
- The 1979 film Norma Rae, directed by Martin Ritt, is based on the true story of Crystal Lee Jordan's successful attempt to unionize her textile factory.
- Other documentaries: Made in L.A. (2007); American Standoff (2002); The Fight in the Fields (1997); With Babies and Banners: Story of the Women's Emergency Brigade (1979); Harlan County USA (1976); The Inheritance (1964)
- Other dramatizations: 10,000 Black Men Named George (2002); Matewan (1987); American Playhouse—"The Killing Floor" (1985); Salt of the Earth (1954); The Grapes of Wrath (1940); Black Fury (1935)
[edit]See also
| Social democracy |
|---|
- General
- Eight-hour day
- Anarcho-syndicalism
- Political Catholicism
- Labour aristocracy
- New Unionism
- Solidarity
- Strike action
- Salt (union organizing)
- Labor Management Reporting and Disclosure Act
- Syndicalism
- Workers' Memorial Day
- Labour Day
- Labour movement
- Hazards Campaign
- Opposition to trade unions
- Union busting
- Employers' organization
- Types of unions
- Craft unionism
- Directly Affiliated Local Union
- General union
- Industrial unionism
- Labour council
- Trades Hall
- National trade union center
- Anarcho-syndicalism
- Union federation
- AFL-CIO
- Change to Win Federation
- Labor federation competition in the United States
- International Trade Union Confederation
- International Labor Rights Forum
- International Workers Association
[edit]References
- ^ a b c Webb, Sidney; Webb, Beatrice (1920). History of Trade Unionism. Longmans and Co. London. ch. I
- ^ "Rerum Novarum: Encyclical of Pope Leo XIII on Capital and Labor". Libreria Editrice Vaticana. Retrieved July 27, 2011.
- ^ Kautsky, Karl (April 1901). "Trades Unions and Socialism".International Socialist Review 1 (10). Retrieved July 27, 2011.
- ^ "Trade Union Census". Australian Bureau of Statistics. Retrieved July 27, 2011.
- ^ Wilenius, Paul (5 March 2004). "Enemies within: Thatcher and the unions". BBC News. Retrieved July 27, 2011.
- ^ [1]
- ^ Foner, Philip S. (1972). History of the Labor Movement in the United States Vol 1: From the Colonial Times to the Founding of the American Federation of Labor. New York: Intl Publishers Co.ISBN 9780717800919.
- ^ a b Trade Unions in the United States. 2008. Retrieved April 1, 2009.
- ^ Panic of 1837. America's Story from America's Library. Retrieved April 6, 2009.
- ^ Lincoln, Abraham (1911). Ida Minerva Tarbell. ed. Selections from the Letters, Speeches, and State Papers of Abraham Lincoln. Ginn. p. 77.
- ^ Ayers, Edward L. et al.. American Passages: A History of the United States. Vol. 1. Harcourt. p. 288. ISBN 978-0-4950-5015-5.
- ^ Kennedy, David; Lizabeth Cohen, Thomas Bailey (2006). The American Pageant (Thirteenth Edition ed.). New York: Houghton Mifflin Company.
- ^ 1997. "Knights of Labour constitution of 1878." Knights of Labour Constitution of 1878 1, no. 1: 1. Academic Search Premier, EBSCOhost . Retrieved February 24, 2009.
- ^ Fink, Leon. Workingmen's Democracy: The Knights of Labour and America Politics. United States of America: the Board of Trustees of the University of Illinois, 1983.
- ^ "Knights of Labour." The History Channel website (accessed Feb 24, 2009).
- ^ "Knights of Labor." Columbia Encyclopedia . Academic Search Premier, EBSCOhost . Retrieved February 24, 2009.
- ^ Chinese Exclusion Act (1882). 1989. Retrieved March 31, 2009.
- ^ a b Dubofsky, Melvyn (2000). We Shall Be All: A History of the Industrial Workers of the World (Abridged ed. ed.). Urbana [u.a.]: Univ. of Illinois Press. ISBN 9780252069055.
- ^ Definition of "small business" Dictionary.com (2009). Retrieved April 6, 2009.
- ^ Zieger, Robert H. (1995). The CIO: 1935-1955 ([Nachdr.]. ed.). Chapel Hill: University of North Carolina press.ISBN 9780807846308.
- ^ Fine, Sidney (1979). Sit-Down: The General Motors Strike of 1936-1937 (4. [Dr.] ed.). Ann Arbor: University of Michigan Press.ISBN 9780472329489.
- ^ a b c d Eisenhower, Dwight D. (December 5, 1955) 245 - Telephone Broadcast to the AFL-CIO Merger Meeting in New York City. The American Presidency Project. Retrieved April 16, 2009.
- ^ Union Facts. 2009. Retrieved April 7, 2009.
- ^ a b What We Stand for: Mission and Goals of the AFL-CIO.2009. Retrieved April 20, 2009.
- ^ The Teamster History. International Brotherhood of Teamsters. Retrieved April 20, 2009.
- ^ a b c Union Facts. 2009. Retrieved April 20, 2009.
- ^ a b c Dan La Botz US supported economics spurred Mexican emigration, pt.1, interview at The Real News, May 1, 2010
- ^ History of the ACTU. Australian Council of Trade Unions.
- ^ ICFTU press release—regarding Cambodia.
- ^ Amnesty International report 23 September 2005—fear for safety of SINALTRAINAL member José Onofre Esquivel Luna
- ^ "Australian Centre for Industrial Relations Research and Training report.". Acirrt.com. Retrieved 2011-07-27.
- ^ Bamberg, Ulrich (June 2004). "The role of German trade unions in the national and European standardization process". TUTB Newsletter 24-25. Retrieved July 27, 2011.
- ^ "Can I be required to be a union member or pay dues to a union?". National Right To Work. Retrieved 08-27-2011.
- ^ Bernstein, Aaron (May 23, 1994). "Why America Needs Unions But Not the Kind It Has Now". BusinessWeek.
- ^ Card David, Krueger Alan. (1995). Myth and measurement: The new economics of the minimum wage. Princeton, NJ. Princeton University Press.
- ^ Kramarz, Francis (2006-10-19). "Outsourcing, Unions, and Wages: Evidence from data matching imports, firms, and workers". Retrieved 2007-01-22.
- ^ Friedman, Milton (2007). Price theory ([New ed.], 3rd printing ed.). New Brunswick, NJ: Transaction Publishers.ISBN 9780202309699.
- ^ "The Legal Ferret.net" Retrieved on 22 December 2008.
[edit]Further reading
[edit]Books
- The Government of British Trade Unions: A study of Apathy and the Democratic Process in the Transport and General Worker Union by Joseph Goldstein[1]
- The Early English Trade Unions: Documents from Home Office Papers in the Public Record Office by A. Aspinall[2]
- Magnificent Journey: The Rise of the Trade Unions, by Francis Williams[3]
- Trade Unions by Allan Flanders[4]
- Trade Union Government and Administration in Great Britain by B C Roberts[5]
- Union Power: The Growth and Challenge in Perspective by Claud Cockburn[6]
- Directory of Employer's Associations, Trade Unions, Joint Organisations—No author and produced in paperback[7]
- The History of the TUC (Trades Union Congress) 1868–1968: A pictorial Survey of a Social Revolution—Illustrated with Contemporary Prints, Documents and Photographs, edited by Lionel Birch[8]
- Clarke, T.; Clements, L. (1978). Trade Unions under Capitalism. Atlantic Highlands, NJ: Humanities Press. ISBN 0-391-00728-9.
- Panitch, Leo & Swartz, Donald (2003). From consent to coercion: The assault on trade union freedoms, third edition. Ontario: Garamound Press.
- Phil Dine (2007). State of the Unions: How Labor Can Strengthen the Middle Class, Improve Our Economy, and Regain Political Influence, McGraw-Hill Professional. ISBN 978-0-07-148844-0
[edit]Articles
- Charles A. Orr, "Trade Unionism in Colonial Africa" Journal of Modern African Studies, 4 (1966), pp. 65–81
- Notes
- ^ First published by George Allen and Unwin Ltd (London) in 1952, and subject of reprints—Foreword by Arthur Deakin
- ^ Published by Batchworth Press (London) in 1949
- ^ First published by Odhams Press (London) in 1954
- ^ First published by Hutchinson (London) in 1952 and reprinted several times
- ^ First published by The School of Economics/Bell and Sons (London) in 1956 and reprinted
- ^ First published by William Kimber in 1976 (London) ISBN 0718301137
- ^ published by HMSO (Her Majesty's Stationery Office) on 1986 ISBN 113612508
- ^ Published in large paperback by Hamlyn/General Council of Trade Union Congress in 1968 with a foreword by George Woodcock
[edit]External links
 | Wikimedia Commons has media related to: Trade unions |
- International
- LabourStart international trade union news service
- New Unionism Network
- Younionize Global Union Directory
- Australia
- Australian Council of Trade Unions (ACTU)- Australian Council of Trade Unions
- Europe
- Trade union membership 1993–2003—European Industrial Relations Observatory report on membership trends in 26 European countries
- Trade Union Ancestors—Listing of 5,000 UK trade unions with histories of main organizations, trade union "family trees" and details of union membership and strikes since 1900.
- TUC History online—History of the British union movement
- Trade EU—European Trade Directory
- Short history of the UGT in Catalonia
- United States
| ||
Gherao MPs opposing Jan Lokpal: Hazare
Social activist Anna Hazare Saturday urged people to 'gherao' houses of MPs opposed to the Jan Lokpal bill.
- 93%7%
"We should gherao the houses of MPs opposing the Jan Lokpal bill. They should not be allowed to come out," the 74-year-old told a meeting of anti-corruption activists in his village of Ralegan Siddhi in Ahmednagar district.
He also asked people not to re-elect such MPs.
"It is our duty to ensure that those MPs who are not supporting the bill should not be re-elected. No one should vote in their favour," he said.
The meeting that started Saturday morning will have different sessions that would discuss the future course of action for the Jan Lokpal bill for which Hazare undertook a 12-day fast last month in New Delhi.
The meeting was attended by around 45 people from India Against Corruption, which backed his fast, and other groups. Key participants included Arvind Kejriwal, Shanti Bhushan, Prashant Bhushan and Kiran Bedi.
Hazare ended his hunger strike in New Delhi Aug 28 and returned to Ralegan Siddhi a few days later. He had addressed a massive public rally in the village Sep 2 when he warned that the struggle against corruption would be long and difficult.
Source: IANS
Obama calls for unity on 9/11 anniversary
Washington: President Barack Obama is calling on America to come together on the anniversary of the September 11, 2001 terror attacks and look to a shared future, even while reflecting on a decade filled with strife.
"It's clear for all the world to see -- the terrorists who attacked us that September morning are no match for the character of our people, the resilience of our nation, or the endurance of our values," the president said Saturday in his weekly radio and Internet address a day ahead of the 10th anniversary of the attacks.
"We're doing everything in our power to protect our people," he said. "And no matter what comes our way, as a resilient nation, we will carry on."
Obama, a little-known state senator in Illinois at the time of the attacks, now has the responsibility to help lead the United States in remembrance of a national trauma 10 years on.
He and his wife, Michelle, planned to participate in a service project Saturday afternoon in the Washington area. Then on Sunday, the president is scheduled to visit all three sites where hijacked planes struck 10 years ago -- New York City, Shanksville, Pennsylvania, and the Pentagon -- before delivering evening remarks at a memorial event at the Kennedy Center in Washington.
His comments in his address Saturday were likely a preview of the message he will deliver Sunday. Obama sought to strike a balance between remembering and moving forward, while also trying to summon the feeling of unity that existed during those dark days after terrorists killed nearly 3,000 Americans.
"They wanted to deprive us of the unity that defines us as a people. But we will not succumb to division or suspicion," Obama said. "We are Americans, and we are stronger and safer when we stay true to the values, freedoms and diversity that make us unique among nations."
Obama also thanked American troops who have served in two long wars in Iraq and Afghanistan launched after the attacks and praised the military successes that led to advances against al-Qaida and the killing of terror mastermind Osama bin Laden. He also reaffirmed his commitment to winding down the conflicts he inherited.
"Yes, we face a determined foe, and make no mistake -- they will keep trying to hit us again," Obama said. "But as we are showing again this weekend, we remain vigilant. We're doing everything in our power to protect our people." Intelligence officials have been working around the clock to determine the validity of a new threat of a possible al-Qaida attack on New York or Washington timed to coincide with the 9/11 anniversary.
"But even as we put relentless pressure on al-Qaida, we're ending the war in Iraq and beginning to bring our troops home from Afghanistan. Because after a hard decade of war, it is time for nation-building here at home."
Former New York City Mayor Rudy Giuliani, who led New York in the days after the attacks, struck some of the same themes in the Republican Party's weekly radio and Internet address. He said the terrorists achieved their goal of killing Americans -- but failed to destroy the American spirit.
"The country was not broken, but rather, it was more united in the days after Sept. 11 than at any time in my lifetime," Giuliani said. "We displayed heroic spirit in many ways, but perhaps the most heroic was the unity of spirit that we shared as Americans. The American people demonstrated one of the most basic values that we share -- our love of freedom and the value we place on individual human life."
But without mentioning Obama by name, Giuliani also used the radio address to criticize the administration's policies, saying that America is safer but not as safe as it should be. He condemned plans to remove troops from Iraq and Afghanistan under a timetable, saying, "American security requires a long-term military presence in the part of the world, where people and organizations are plotting to kill us."
"Perhaps the most dangerous impulse we've developed since Sept. 11 is impatience demonstrated by the calls to put our armed forces on timetables," Giuliani said.
"We must not allow impatience to prevent our military from achieving its objective in Iraq and Afghanistan and the objective is the elimination of the threat to our nation."
Source: AP
Need to beef up intelligence gathering mechanism: PM
Terming terrorism and Maoist violence as two major challenges facing the country, Prime Minister Manmohan Singh Saturday said the Delhi High Court blast was a stark reminder that there can be no let up in the vigil.
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Singh said everyone must unequivocally send out a message that pursuit of violence cannot be justified under any circumstances and reaffirm the collective resolve to fight the menace of terrorism in all its forms with available means.
"The problems of terrorism and Left-wing extremism constitute two major challenges that our society and polity face today. The terrorist attack in Delhi last Wednesday is a stark reminder to us that there can be no let up in our vigilance," he said addressing the National Integration Council (NIC) meeting here.
The meeting was attended by senior Union Ministers, Chief Ministers, Leaders of Opposition in Parliament, leaders of national and regional political parties among others.
"Time and again our nation has been subjected to terrorist violence. Terrorist seek to justify such violence based on misplaced sense of ideology," he noted.
The Prime Minister said no civilised society can tolerate or endorse loss of innocent lives in the pursuit of any ideology and institutions and instruments of the country's democratic polity allow sufficient opportunity for articulating differing view without resorting to violence.
Singh stressed on the need to identify and address the causes of radicalisation of some of the country's youth.
"Very clearly, lack of productive employment opportunities for our young men and women is one factor which aids such radicalisation. Education and skill development opportunities have a major role to play in addressing this problem," he said.
Referring to steps being taken to strengthen security agencies, Singh said there was a need to continuously upgrade and strengthen investigating agencies and the intelligence gathering apparatus to deal more effectively with the newer methods and technologies that the terrorists and Naxals adopt.
Noting that government has tried hard to strengthen the country's security apparatus, he said, "The intelligence sharing mechanism under the Multi-Agency Centre has been bolstered and the National Intelligence Grid is being implemented so that intelligence from various sources can be accessed and analysed to identify actionable points".
The Prime Minister said the problem of Naxalism has a development dimension also and the Centre is making special efforts for development of backward areas, many of which are affected by Left-wing extremism.
"The Central and state governments have to work together to confront the challenges to our internal security and we will strive hard for greater coordination not only between the Centre and states but also between states," he said.
Referring to civil disturbances, which is one of the agenda items of today's meeting, Singh said one should keep in mind that excessive use of force often proves counter-productive.
"We need to distinguish between criminal activities and misguided discontent that finds unlawful expression. It is with this intent that the Home Ministry has circulated instructions for dealing with crowds in a non-lethal manner," he said.
He urged the chief ministers to ensure that these are made operational by appropriately equipping and training the police forces.
Source: PTI
Tata Motors Group CEO steps down for personal reasons
A little less than two years after he took over as the Tata Motors Group chief executive officer and managing director, Carl-Peter Forster resigned on Friday, citing "unavoidable personal circumstances".
Forster would, however, continue as a non-executive member on the Tata Motors board. P M Telang, MD, Tata Motors India, and Ralph Speth, CEO, Jaguar Land Rover, will represent their respective operations and will report directly to the company's board.
The sudden move came after an eventful tenure that saw a turnaround in the company's global operations, a huge success in new markets like China, but mixed fortunes back home in India. Forster's exit comes at a time when the Indian auto industry appears to have hit more than a few speedbreakers, with local car sales skidding for consecutive month in August, which saw a 10 per cent decline in sales compared to the same period last year. Maruti Suzuki, Hyundai and Tata Motors were among several auto makers to post declines in August.
Forster had joined Tata Motors in January 2010. Apart from the company's local operations, he also oversaw its overseas units, including the UK-based luxury car brands, Jaguar and Land Rover; Hispano Carrocera SA, the Spanish bus maker whose acquisition it completed in October 2009; and the South Korean commercial vehicle venture, Tata Daewoo Commercial Vehicle Co.
"The board respects Carl-Peter's personal circumstances that led to this move. We would like to thank him for his contributions to the successful development of our company in his role as Group CEO and MD. We are looking forward to continue to working with him as a non-executive member of the Board," said Tata.
Forster said he "deeply regrets" his inability to continue to perform the challenging duties of managing the thriving global activities of the Tata Motors Group, but was glad he would continue his association with the company.
Born in London, raised in Bonn and Athens and with an international resume spanning continents, the 56-year-old Forster was a global citizen, who had been operating out of a hotel suite at the Taj Mumbai. Prior to joining the Tatas, he was the head of General Motors Co, Europe, and managing director of luxury car maker BMW AG's South Africa business.
Instead of joining General Motors in Detroit, he chose Tata Motors, which was at the cusp of a transformational journey, spreading operations internationally, after acquiring and turning around the marquee Jaguar Land Rover.
A degree holder in economics from Bonn University and in aviation and space technology from the Munich University of Technology, Forster made his name at the cult German auto brand, Bayerische Motoren Werke (better known as BMW) in the 1990s. He joined BMW in 1986 after quitting McKinsey where he had worked as a consultant since 1982.
He was head of production at BMW during its ill-fated ownership of MG Rover and Land Rover (both British brands). Forster quit BMW in 2000 when the luxury brand decided to cut "excess flab" and get rid of its "English patients".
Like most executives in BMW who were on their way out, Forster also joined GM, then the world's largest automotive company. Subsequently, he was given responsibility for the lengthy restructuring of Opel and Vauxhall, where plants were closed to cut costs. GM widely acknowledged the Opel brand achieved tremendous success under Forster's tenure.
Forster's surprise appointment at Tata Motors was aimed at making the company a global automotive brand -- something Tata Group chairman Ratan Tata has been trying hard to achieve for the past few years. The first mandate was to lead the complicated restructuring process of Jaguar Land Rover (JLR).
Other than the JLR restructuring, he was also responsible for the successful launch of Aria and the various variants of Indica and Indigo. Tata group officials said, other than the global push, Forster also concentrated on the operational aspects of the business in India, especially the Nano, working relentlessly with various stakeholders despite the initial bumps.
As a group, the Tatas in the last few years have seen several high-profile exits. After Rajiv Dubey of Tata Motors, Sangeeta Talwar, the former regional president, South Asia, Tata Global Beverages, also left the diversified conglomerate. Tata Steel had earlier lost its CEO in Europe, Kirby Adams. In a surprise move in May this year, Peter Unsworth, CEO of Tata Global Beverages, also resigned.
Source: Business Standard
Economists show support for Obama job-growth plan
A tentative thumbs-up.
That's the assessment from economists, who have offered mainly positive reviews of President Barack Obama's $447 billion plan to stimulate job creation.
Some predict it would put hundreds of thousands of people back to work next year, mainly because a Social Security tax cut for workers would be deepened and extended to small businesses.
"Payroll tax cuts are very powerful," says Allen Sinai, chief economist of Decision Economics. "They provide a boost to direct income and, in turn, spending, which is important to growth."
Mark Zandi, chief economist at Moody's Analytics, estimates that the president's plan would boost economic growth by 2 percentage points, add 2 million jobs and reduce unemployment by a full percentage point next year compared with existing law.
The heart of Obama's plan is an expansion of the Social Security tax cut, which took effect this year and is scheduled to expire by year's end. The tax cut now applies only to workers; it reduces their Social Security tax from 6.2 percent to 4.2 percent. Employers still pay the 6.2 percent rate.
Obama would renew the tax cut for a year and deepen it: He would drop workers' Social Security tax to 3.1 percent.
Under his bigger tax cut, an extra $1,550 would go to taxpayers earning $50,000 a year. The Social Security tax is imposed on the first $106,800 of taxable income. That means the maximum savings would be about $3,300 for an individual and $6,600 for a couple.
Obama would also halve Social Security taxes for businesses on the first $5 million of their payroll. The White House says 98 percent of U.S. businesses have payrolls below that threshold.
Zandi calls this a "creative" way to help small companies, which have struggled more than larger ones to recover from the Great Recession of 2007-2009. During recoveries, small businesses normally drive job creation.
"Something like this is much needed" for an economy grappling with 9.1 percent unemployment, Zandi says. "The economy is on the edge of recession."
Susan Wachter, a finance professor at the University of Pennsylvania's Wharton School, figures that the Social Security tax cuts alone would add 1 percentage point to economic growth and create 1 million jobs next year.
Michael Hanson, a senior economist at Bank of America Merrill Lynch and a former Federal Reserve economist, predicts similar benefits. He thinks the additional jobs would lower the unemployment rate by nearly half a percentage point in 2012.
Such improvement, while just a start, could put the economy back on a "recovery path," Hanson says.
"You'd see a notable reduction in the likelihood that we would slip into another recession," he says.
The president's plan also takes a shot at long-term unemployment: Companies would get a $4,000 tax break for hiring people who have been unemployed for more than six months. As of August, the government says, 43 percent of unemployed Americans have been out of work for six months or more.
The plan would also extend emergency unemployment benefits; ramp up spending on public works projects; and provide aid to keep state and local governments from laying off teachers. Obama would pay for his program with future budget cuts.
Some economists caution, though, that some factors might blunt the impact of Obama's enlarged Social Security tax cut. For one thing, the tax cut would deliver only a temporary boost. It would expire at the end of 2012. Most economists foresee unemployment remaining high well after next year.
And though consumer spending accounts for about 70 percent of the economy, Michael Mandel, chief economic strategist for the Progressive Policy Institute, is skeptical. He thinks the link between consumer spending and job creation is weaker in an economy like America's that's highly open to foreign goods.
"If the payroll tax cut encourages consumers to buy more (imported) clothing, that's likely to create more jobs overseas than in the U.S.," Mandel says.
In addition, Paul Ashworth, chief U.S. economist at Capital Economics, says many taxpayers might save the extra money from the tax cut rather than spend it.
"In an environment where economic confidence has been almost completely destroyed, there is a risk that both households and small businesses will save a greater proportion of any windfall, particularly if they know the reduction is only temporary," Ashworth says.
The White House plan would also extend emergency unemployment benefits for another year. Economists note that unemployment checks put money in the hands of people who are most likely to spend it immediately.
That spending tends to boost demand for goods and services and give companies more reason to hire. The forecasting firm Macroeconomic Advisers has estimated that an additional year of emergency unemployment benefits would support 200,000 jobs in 2012.
Obama also wants $30 billion to modernize schools, $50 billion for road and bridge projects and a bank that would finance more public works projects.
The president's plan will likely face resistance in Congress. Republicans have opposed further spending and have pushed to reduce the budget and shrink the government.
Still, the Wharton School's Wachter calls Obama's plan a serious proposal that should be politically acceptable "across the board."
Menzie Chinn, an economist at the University of Wisconsin, would favor an even bigger jobs package for an economy that grew at an annual rate of just 0.7 percent in the first six months of the year and didn't add jobs in August.
He says he fears that Obama's plan merely makes up for the expiration of the president's earlier $862 billion economic stimulus plan.
Even so, Chinn says, the measures Obama proposed Thursday night "might prevent the economy from dropping below stall speed" -- at which point it would be vulnerable to another recession.
Source: AP
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