What is Article 370?

Soon after the new PM came to power, a debate sparked off on Article 370 that saw heated exchanges among political heads in India. Here's an attempt to simply Article 370.

What does Article 370 signify?

Article 370 grants special autonomous status to Jammu and Kashmir (J&K).

Since the time of partition, Article 370 has been a part of the constitution which was introduced with the objective of giving space and autonomy (self-governance) to the government of the state which feels disconnected from both the countries fighting for it.

The article is a measure of safeguard that allows J&K to have its own constitution. Some issues lie with the Indian Government while others are matters dealt by the State Government.

For instance, according to Article 370, except for defense, foreign affairs, finance and communications, the Parliament needs the state government's agreement for applying all other laws.

The state's residents live under a separate set of laws, including those related to citizenship, ownership of property, and fundamental rights, as compared to other Indians. As a result of this provision, Indian citizens from other states cannot purchase land or property in J&K.

The coming months should see how the ruling Government follows through with the debate on Article 370 and if an outcome that is favourable to J&K and the rest of India emerges.

*Source - TOI

What happens during a ‘State of Emergency’?

Today, the 25th of June, marks the completion of 40 years since India as a nation was declared to be in a state of emergency. The nation has undergone three states of emergencies in the past 4 decades.

1. October 26, 1962- January 10, 1968: This marks the period of the Indo-China War where the country came under external aggression.

2. December 3, 1971- March 21, 1977: Owing to the Indo Pakistan War, the security of India was at risk due to external aggression and the nation was declared to be in a state of emergency.

3. June 25, 1975 - March 21, 1977: Internal opposition to the then PM of India resulted in the PM declaring the nation to be in a state of emergency.

What happens during an emergency?

• There are three different types of emergencies that can be imposed:

  a) National Emergency - If there is threat from other countries or militant groups to India or a certain part of it, the President can impose National Emergency under Article 352. The Prime Minister first has to submit a written by the council of Ministers. The federal system of government can be changed to a single unit comprising of all three functions which include governance and law. All State money bills during this time will have to go through the Parliament for approval.

  b) State Emergency - This can be declared under Article 356, if the government collapses in a state and is seen as a ‘failure of constitutional machinery’ in that particular state. It is also known as ‘President’s Rule’ and almost every state in the country has gone through this procedure. It can be invoked for a period of six months and can last only for three years with parliamentary consent required every six months. The Governor usually administers the services in the name of the President.

  c) Financial Emergency - Under Article 360, if the there is enough evidence to show that the financial status of the country is threatened, the President can declare an emergency. It remains enforced till he/she removes it. Salaries of different government officials can be reduced and all money bills require the President’s signature.

   

• The President consults the cabinet ministers if any of the above situations arise and by the powers vested to him/her by Part XVIII (emergency provisions) of the constitution, he/she can remove many constitutional provisions such as some of the fundamental rights. Powers of the state governments are also reduced.

Do emergencies happen in different countries as well?

• Emergencies do happen in most countries across the world, which could be due to internal conflicts, external aggression, financial situations or even due to natural disasters.
• Under the International Law, rights and freedoms can be suspended under the emergency provision. Some countries make it illegal to modify the constitution during an emergency whereas some have made provisions to do so.
• Though democracies do not usually impose emergencies, it is a fairly common practice in countries where there is a monarch or powers rest mostly in a single person.

During a National emergency the government has the right to take away your fundamental rights which include the six freedoms under Right to Freedom; however, Right to Life and Personal Liberty cannot be suspended. The Rights have been explained below:

Right to freedom: Which includes speech and expression, assembly, association or union or cooperatives, movement, residence, and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality), right to life and liberty, right to education, protection in respect to conviction in offences and protection against arrest and detention in certain cases.

Right to life: Which gives the right to live with human dignity. This includes rights such as right to education, health, shelter and basic amnesties that the state shall provide.

Do you think there is a possibility of India entering into an emergency? Share your comments below or tweet to us at #JaagoRe.

7 Important Amendments of the Indian Constitution You Should Know About

We all know that the Republic Day holds a very special and honourable place in Indian history. It's the day that India put into effect her permanent Constitution and her governing document. What most of us aren't aware of is, the Amendments of the Constitution that enable India, her Government and her citizens to lead a dutiful and righteous life. This Republic Day, let's take a moment to recognize some of India's most iconic Amendment acts throughout the years of its existence and how it affects us as citizens.

20th Amendment - December 22, 1966 - Indemnify & validate judgments, decrees, orders and sentences passed by judges. Validate the appointment, posting, promotion and transfer of judges except those not eligible for appointment under article 233.

This Amendment was needed to overcome the effect of judgement invalidating appointments of certain judges in the state of Uttar Pradesh. This was also done to validate the judgements passed, in order to ensure that justice is served fairly.

24th Amendment - November 5, 1971 - Enable parliament to dilute fundamental rights through amendments to the constitution

What this means to the citizens of India is that, in event of any situation, the Parliament of India has no right to curtail or take away fundamental rights that are guaranteed in Part III of the Constitution, in any of its amendments. Rather it can include it as part of the amendment act, guaranteeing effective exercise of fundamental rights.

61th Amendment - March 28, 1988 - Reduce age for voting rights from 21 to 18

An iconic move in 1988 led to the voting rights being lowered from age 21 to age 18, allowing the much younger lot to have a say on the affairs of the country. Today, there are about 52 lakh voters 18 year old voters in India; bringing about a change every time they vote.

75th Amendment - May 15, 1994 - Provisions for setting up Rent Control Tribunals

It provides for setting up of State-level Rent Tribunals to exclude the jurisdiction of all courts, except that of the Supreme Court, under Article 136 of the Constitution. This enables effective exercise of the Right Control Act, supervised by a committee - the Rent Control Tribunal; which ensures fairness if ever an issue should crop up between the owner and the tenant of a rented property.

86th Amendment - December 12, 2002 - Provides Right to Education until the age of fourteen and early childhood care until the age of six

The call to provide right to education until the age of fourteen and early childhood care until the age of six, comes as an important move in the Amendment. Earlier, there wasn’t any amendment to help recognize the need for educational rights for children. Recently, a critical development led to extend this right till the age of 16.

88th Amendment - January 15, 2004 - To extend statutory cover for levy and utilization of Service Tax

This Article provides for the insertion of a brand new article 268A, that states that taxes on services shall be levied by the Government of India/India/Republic of Asian country/Bharat/Asian country/Asian nation and such tax shall be collected by the Government of India and therefore the States within the manner provided in clause.

94th Amendment - June 12, 2006 - To provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh States

In 2000, India gave birth to two new states namely - Jharkhand and Chattisgarh. Given that both Jharkhand and Chattisgarh fall under the category of states with maximum tribal group presence, a need for a Minister of Tribal Welfare was made part of the 94th amendment. Today, both states have their own ministers, governing over the needs of these tribal groups.

While we can expect other important amendments to come up during the coming years, and with the new Government in place; let's remember to remember our amendments and put them to effective use as citizens. Let's ensure better responsibility, respect and abide by the value of the Indian Constitution!

6 things you need to know about the Sexual Harassment at Workplace Bill

In 2012, the Union Cabinet had approved the introduction of the Protection of Women against Sexual Harassment at Workplace Bill, 2010 in the Parliament.

Here’s what you need to know:

What does it really mean?

When the status of a woman’s employment prospects at a workplace is ‘determined’ by her ‘willingness’ to offer sexual favours to perpetrator.

Or creation of hostile work environment where sexual advances are made.

Who qualifies for protection under this act?

Any woman who is:

Employed in an organisation

Is a client, customer, daily wage worker or any work accomplice

Is a student or research scholar in educational institutes

Is a patient in a hospital

Employed in unorganized sectors

How this helps the complainant:

Can request a transfer or leave until issue is resolved

What must employers do?

Set up Internal Complaints Committee

District Officers to set up Local Complaints Committee for companies with less than 10 employees

The Committee must address complaint within 60 days

Employer must attend to complaint as instructed by the Committee within 90 days

If employers do not do the needful?

They will have to pay a fine of upto Rs. 50,000

What about false complaints?

Safeguards against false complaints exist

However, complainant’s inability to provide ‘proof’ does not make the complaint dismissible.

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Are you facing sexual harassment at the workplace? Don’t stay mute. Push the Pin now on women’s safety and education and employment and make your voice heard.

5 THINGS YOU SHOULD KNOW ABOUT THE MODI-­OBAMA MEET

India's Prime Minister Narendra Modi and US President Barack Obama's meeting led to a discussion of a wide range of issues, and the various areas where co-operation from both countries is needed to foster a India-US partnership.

Here are five key points simplified for you:

1. DEFENSE TECHNOLOGY

Both India and the US have decided to renew their defense framework agreement for the next ten years, as well as operationalize Defense Technology with a focus on codevelopment in India, not just for the Indian market but also for the global market. This is expected to lead to a technology transfer from the US to India in the defense sector.

2. THE CIVIL NUCLEAR DEAL

According to reports, both India and the US have "come to an understanding" and will be working together on the nuclear co­operation agreement.

3. TRADE BETWEEN INDIA AND USA

India's current bilateral trade (trade between two countries) stands at US$ 100 billion. This number was raised by both parties to US$ 500 billion.

4. CLEAN ENERGY

The need to strive towards 'Clean Energy' was recognized by both countries. The Indian industry has been working towards the advancement of clean energy. The knowledge offered by both countries on innovative financing and cutting edge technology solutions could add to further growth.

5. OBAMA'S STATEMENT ON WOMEN'S EMPOWERMENT AND SAFETY

"Indian women have shown that they can succeed in every field. Every woman should be able to go about her day and be safe and be treated with the respect and dignity that she deserves." ­President Obama as quoted on the topic of women empowerment in India.

President Obama's echoes the nation's sentiment of the need to prioritise women's safety in India.

Power Of 49 Manifesto

This meet highlighted one of the concerns that is the theme of our Power of 49 Manifesto. Before the elections started in 2014, Jaago Re launched a crowd­sourced 10-­point manifesto about serious issues affecting women in India. We presented it to leading political parties and asked them to pay attention to our concerns.

Are they being followed through with sincerity by our leaders? Is India catching up with any of the points listed in the manifesto? See the manifesto for yourself here!

Swachh Bharat: Are you ready to be taxed?

The Swachch Bharat Abhiyan is a Government run initiative that focuses on cleaning India’s public spaces and infrastructures. Since its inception on 2nd October 2014, the movement has gathered much interaction amongst the citizens itself. In line with the budget being announced last month in March, the Government of India has said that a cess will be levied for Swachh Bharat Abhiyan.

What does this mean for citizens in India? Here are a few pointers that break down and simplify what the 2% Swachh Bharat Tax is all about-

1. No lifelong tax payment for Swachh Bharat Abhiyan

Finance Minister Arun Jaitley has laid down a provision to charge tax at a rate of 2 per cent or less on certain services, should there be a need for raise funds for the Swachh Bharat Abhiyan initiative. As of now, there is no need for the common man to pay a lifelong tax for the Swachh Bharat Abhiyan.

2. Swachh Bharat Tax to be calculated only on select services

The Government has identified select services where more than 2% tax will be calculated for Swachh Bharat Abhiyan. So far the list has telecommunications, insurance, manpower recruitment agencies, hotels and restaurants that are able to maintain businesses above a certain threshold. The revenue department is currently preparing a final list of services that will attract this 2% tax.

3. 100% tax exemptions for contributions made to Swachh Bharat Kosh

There will be 100% tax deductions/exemptions made to persons/parties that are contributing to the Swachh Bharat campaign – other than by way of Corporate Social Responsibility activities held by companies. This comes in view of the Government’s way to encourage companies’ participation in Swachh Bharat Abhiyan activities.

Have you calculated your budget for 2015?

Are you a student, a homemaker, a newly employed person or a salaried employee? To know how #Budget2015 affects you, check the Budget calculator here.

SHOULD YOU GIVE UP YOUR LPG SUBSIDY?

Liquefied Petroleum Gas is uncontaminated and efficient form of energy that can be used for a wide range of daily sustenance activities ranging from cooking, motor fuel and refrigeration. For the longest time in India, there have been many allowances provided for the citizens by the Government in various industries and products – from fuel to food; thereby benefitting citizens of lower income to have access to these facilities at a much more affordable rate.

However, India’s subsidies have been subject to scrutiny and criticism from the World Bank and UNESCO. The World Bank has said that India’s subsidy schemes are unproductive and leading to economic instability, while the UNESCO’s study has detailed that India has the lowest public expenditure on education.

Recently the Government has requested its citizens, belonging to the middle class and above who have a higher income range, to give up their LPG subsidies so that it may benefit citizens from the lower income range.

As of today, more than 3.2 lakh people have given up their LPG subsidies – as reported by the Government in www.giveitup.in.

Advantages of giving up LPG subsidy –

A citizen who belongs to the middle and the upper middle class with a higher income bracket can afford to purchase LPG at full market price, thereby they can give up their LPG subsidies for the people of the lower economic bracket.

This can:

1. Stabilise the economy – The Government spent Rs. 40,000/- crores in the year 2013-2014 for LPG subsidies. If well to do citizens give up their LPG subsidies, amount the Government spends on subsidies lessens by half, enabling thousands of people in the lower income bracket access to basic fuel at subsidised rates.

2. Lower the fiscal deficit of the country – Fiscal deficit is the difference between the government’s expenditures and its revenues (not including the money it has borrowed). India’s current fiscal deficit is 4.1% from its GDP, a reduction from 4.5% in the previous year; as reported by Finance Minister Arun Jaitley in the Budget 2015.

3. Give access to the poor – Currently, citizens belonging to the lower economic bracket and citizens who do not have access to clean fuel use wood for cooking. When well to do citizens give up their LPG subsidies, the Government can utilise it to provide LPG subsidy benefits to the poor.

4. Help strengthen agriculture sector – We are all aware that agriculture is the backbone of our country. The Government plans to strengthen farmers and give them access to technology in agriculture, in the long run when the Government recovers the money it has spent on subsidies, it can use the resources to help develop the agriculture sector, thereby empowering farmers and protecting their assets.

Will the Government be able to keep up its promise?

By asking citizens to give up their LPG subsidies, the Government intends to cut down its expenditure on subsidies and utilise it better to provide for the poor. However, a few questions do plague the scenario –

1. Can the Government utilise this move for the best of benefits?

2. Can we expect the Government to be transparent of its dealing with the PAHAL scheme?

3. Will the Government be able to keep corruption out of this scheme?

4. Can we expect committed expenditure to public infrastructure development like better roads, now that the burden of LPG subsidies is lessened by half?

All that remains to be seen is how well the administering bodies will be able to provide for the poor and if there will be a significant improvement for citizens throughout the country in terms of sustainability and better public infrastructure.

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If you see any issues related to health and sanitation or any discomforts, discrimination or mismanagement, please report it on Push the Pin

Are amendments to the Child Labour Act effective enough?

Children are 'tomorrow's future' but the social evil of child labour puts a big question mark on the future of children who are forced into employment at a young age.

The amendments recently passed by the Union Cabinet to the Child Labour Act (Prohibition and Regulation) has gotten varied opinions from people. One section of views supports the changes that allow the working of children with parents/guardians and in entertainment, provided that their education is not compromised and the other side believes that the amendments will do more harm than good.

To get a better understanding of the new amendments and how it will impact vulnerable children, we conducted a 'twitter chat' on 'Do you think the amendments to the Child Labour Act will help tackle Child Labour' with some renowned experts who gave us insights into what they think about the government's decisions to modify the Act.

Ms. Nandana Reddy, founder of Concerned for Working Children, Child Rights and You (CRY), and MV Foundation had an insightful discussion with us and our Twitter audience, helping us understand the implications of the amendments.

Here are a few snippets from the chat that took place today on Anti Child Labour Day:

Views on the amendments to the Act

Views on the Act

When a child opts to work, what can be done then?

When a child opts to work

Improving socio-economic environment in society

Improving socio-eco envt

Through the discussion, we were able to garner information into the different aspects that hinder the removal of child labour from our society. Though the need for awareness is warranted, we also need implementation of stricter laws that are free of loopholes, accessibility to free education and career opportunities and most importantly, a participative society that works with the government to eradicate this social evil from our society.

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Push the pin if you spot child labourers or children being exploited.

More about the Experts:

CRY – Child Rights and You (formerly known as Child Relief and You) is an Indian NGO that believes in every child's right to a childhood – to live, to learn, grow and play. For over 30 years, CRY and its partners have worked with parents and communities to ensure Lasting Change in the lives of more than 20 Lakh underprivileged children.

 

Ms. Nandana Reddy is a social and political activist; Initiator of the question that resulted in the Gurupadaswamy Committee Report 1979; Author of the Child Labour [Employment, Regulation, Training and Development] Bill 1985; and Founder of The Concerned for Working Children (CWC), a 35 year old Nobel nominated child rights organisation.

 

MV Foundation - The Mamidipudi Venkatarangaiya Foundation (MVF), is based on the non-negotiable principle that 'no child works and every child attends full time formal school as a matter of right', MVF has been working towards abolition of child labour in all its forms and mainstreaming them into formal schools, for over two decades now. Cumulatively over a period of 24 years, it has mainstreamed over 1 million out of school children into full time formal day schools and ensured their retention till they completed class 10. Out of these, nearly 60,000 children have been mainstreamed through the residential bridge course camps to formal schools, government social welfare hostels and residential schools.

Disclaimer:

Views expressed here are of the author alone and do not necessarily represent that of the brand.

What is Net Neutrality?

Today the internet is constructed around the idea of having everything out on the open. It allows users to connect and discuss information spontaneously, with almost no restrictions to content and web services available online. Currently, consumers pay a monthly average for the usage of the internet. This sums up the idea of net neutrality.

TRAI, which controls and regulates the telecom market in India, recently came out with a consultation paper on the topic of over-the-top (OTT) apps like WhatsApp, Facebook, Skype and net neutrality, asking consumers and businesses to send in their opinions.

Net Neutrality movement in India

TRAI's consultation paper has brought together consumers from four different walks of life – entrepreneurs, students, working professionals and homemakers to stand up for net neutrality which seeks the following objectives:

NOT A bad move

Will the None of the Above option recently introduced by SC turn the tide in India's 2014 general elections?