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.

Paternity Benefits for Fathers-To-Be Across the World

21st June marks Father’s Day and people all over the world are going to be celebrating the bond they share with their dads. In the same vein, times have changed and many countries have introduced ‘paternity benefits’ for new dads. Let’s take a look at the different systems that have been adopted worldwide:

1. There are 96 countries around the world which have compulsory paid leave for new fathers which is reserved for men or a system which allows the couple to share the leave.

2. In Norway, new fathers are entitled to 2 weeks of paid leave when the baby is born and have to take a mandatory of 14 weeks worth of paid leave before the child turns 3 years.

3. In the United Kingdom, the father is eligible for 1 or 2 weeks paid paternity leave and 26 additional weeks if the mother decides to return to work.

4. In United States, there is no paternity leave or even maternity leave as dictated by the government. It depends on the company.

5. Australia allows 2 weeks of paternity leave at National Minimum Wage and new parents get to share 52 weeks of unpaid leave.

6. Malaysia does not have a system of paternity leave but male civil servants in the country can take upto 14 days.

7. Paternity leave in India is sanctioned for government employees with less than 2 surviving children for a period of 15 days. However, there is no rule as such for private companies.

8. Male employees of Public Sector Undertaking (Nationalised) banks in India have recently been given 15 days of paid leave which can be availed 15 days prior or after the birth of their child.

Some companies in India have started looking at paternity benefits as a necessity and offer various packages for expecting or new fathers. Many consultants for companies also view this as a necessary step to not only strengthen the bond between children and their fathers, but also to help bring about equality in the workspace.

India might have a more accommodating policy on paternity benefits compared to other countries - however, many sectors in the space of domestic work, agriculture, small and large scale factories within the country are still struggling to even provide maternity benefits for mothers-to-be, which is a direct violation of the Maternity Benefit Act 1961.

The need for a work culture that is more mom-friendly is also raised in our Power of 49 manifesto that sought the “Provision of mandatory creches and women-friendly maternity policies that include long-term leave-both rural and urban.” In a country as diverse as ours, what do you think can be done to make this a reality? Share your views in your comments below:

Sources:

International Labour Organization

The Guardian

Good Infographics

Witnessed a crime in India? Here’s what you need to know!

Who is a Whistleblower, and what does the Whistleblower Protection Act do?

A whistleblower is someone who reveals sensitive information about misconduct of a public official or an organization. Eg- Using low grade materials while constructing roads in order to pocket public money. India has seen many Whistleblowers who have risked their lives to let the public know of illegal or corrupt activities.

In order to safeguard and protect such people, the government introduced the Whistleblower act in 2014 which guaranteed protection of a person’s identity and information revealed by the person. Under this Act, anybody could reveal information related to corruption or misuse of power by government officials and public offices with or without the RTI (Right To Information).

What are the amendments made to the Act?

On May, 2015 the Act was was amended so that protection would be guaranteed to a Whistleblower only if the information revealed met certain parameters.

Individuals enjoyed protection by the government if they revealed sensitive information about activities that could harm the country and it’s public. According to the amendments, the Act will not protect a whistleblower if the information revealed falls under certain criteria.

Here are the kinds of information that will not allow protection to a whistleblower:

1. Any information that harms the integrity or sovereignty of the country or if the information is a threat to the country’s security, economic, strategic and scientific interests with foreign states.

2. Any information from discussions and cabinet papers of Council of Ministers, secretaries and other government officials.

3. Any information that has been restricted by the court and will go against it’s given orders.

4. Parliamentarians and MP’s enjoy certain privileges, given their position as India’s decision makers. Revealing any information that would harm this privilege will not allow protection under the Act.

5. A company or an individual’s trade secrets, commercials, inventions, artistic or literary work cannot be revealed if it harms its business.

6. If the information is shared between two people and they agree to not disclose it, then both parties cannot reveal it, unless it is covered under the RTI.

7. Information revealed by a foreign government in trust cannot be revealed.

8. If revelation of details and information could endanger the life and safety of a person, it cannot be revealed. The source of information given in confidence for law or security enforcement also cannot be made known.

9. If the disclosure of information will setback the process of investigation, apprehension and prosecution of offenders.

10. No information that might fall under public interest, but is an invasion of privacy cannot be revealed unless it has been made available under the RTI.

If information revealed falls under any of the points given above, then the accused person or organization will not be required to give an explanation or answer any questions pertaining to the accusations. A written document will also be issued by the government which will further protect the accused from any inquiries.

The Whistleblower Act has become an integral part of the country’s democracy. These amendments have seen support, and at the same time dissent from the public. What are your opinions on the same?

Let us know your views by posting your comments below or mail us at jaagorein@gmail.com. You can also tweet to us at @jaagoRe.

What you need to Know about the Child Labour (Prohibition and Regulation) Act

There are about 43.53 lakh child labourers in India. The Indian government and various organizations have been trying to curb this social evil and reduce this number. Recently, a number of amendments were made to the Child Labour Act in a bid to address the issue of child labour. Before we get to the amendments, let’s understand what the Act is all about:

What is the Child Labour Act about?

The Child Labour Act was put together by different initiatives and organizations such as the National Commission on Labour (1966-69), Gurupadaswamy Committee on Child Labour (1979), Sanat Mehta Committee (1984) and others to safeguard the rights of children in employment.

• It hoped to ban employment of children below the age of 14 in hazardous workplaces such as factories, mines, etc and to help regulate the employment of children in working situations.
• The Act states that a child is anyone who has not yet attained the age of 14 years.
• There are 18 occupations and 65 processes that ban the working of children in these areas.

Now let us look at the amendments that were made to the Act this year

The Child Labour Prohibition and Regulation Act 2012 was proposed in the Rajya Sabha by the then Minister of Labour and Employment, Mallikarjun Kharge and passed by the Union Cabinet in May this year.

• The Right of Children to Free and Compulsory Education Act 2009 prohibits employment of children below 14 years in all occupations and processes but the amendment has made space for children (below the age of 14 years) to work in a family run business and audio-visual communication (entertainment) except the circus provided-
  It’s not a hazardous work condition
  The child can work only after school hours or during vacations.
• The amendment also increases the age group to include ‘adolescents’ between the ages of 14-18 to protect them from hazardous working conditions. The official statement cites this changes a way to safeguard them from employment that is not suitable for their age.
• The punishment for people breaching the act before the amendment was a minimum sentence of 3 months in prison and/or a minimum fine of Rs.10000 for first time offenders, and a minimum sentence of 6 months for second time offenders.
• The new changes make the punishments harsher by increasing the sentence for 1st time offenders to 6 months which may extend to 2 years and a fine of less than Rs.20,000 but which may extend to Rs.50,000.
• For second time offenders, the imprisonment term has been increased to 1 year which may extend to 3 years.
• Police personnel can arrest a person without a warrant if they think he/she has breached the restrictions laid down by the Act.
• In the Act before the amendment, parents would be handed the same punishment as an employer who had not obeyed the conditions laid down by the Act. But the amendments have decreased the penalty for the parents/guardians to Rs.10,000 only if they are 2nd time offenders. They will not be charged if they are caught the first time.
• The Act now will also provide for a fund to help rehabilitate a child or adolescent who has been rescued through the Constitution of Child and Adolescent Labour Rehabilitation Fund in one or more districts.

What do you think of the amendment? We would like to hear your views this Anti Child Labour Day on 12th June (Friday) at 12pm where we have experts from CRY (Child Rights and You), CWC (Concerned for Working Children) and MV Foundation - The Mamidipudi Venkatarangaiya Foundation discussing the ‘pros and cons of the amendment to the Child Labour Act on our Twitter handle @jaagore.

Sources:

Childline India

PRS India Organization

BBA Organization

The Hindu

Press Information Bureau

Times of India

Are big cities in India prepared for natural disasters?

After the earthquake that shattered parts of India and Nepal, concerns on disaster and safety are echoing across the sub-continent.

How prepared is India if a disaster of the same magnitude were to strike us? Let’s take a look at some of the major cities in India and their mechanisms in place to defend ourselves against natural calamities:

Bangalore

The garden city with a rapidly growing population of 10,839,725 is relatively less prone to disaster. According to research, it is in seismic zone 2 (least active) but is slowly moving into zone 3 (moderate activity) owing to ‘land use pattern’ and increase in population. Though, 80% of Karnataka is drought prone, Bangalore enjoys a good water supply because of the Cauvery River and the year round rainfall.

Apart from NDMA (National Disaster Management Authority) there is KSDMA (Karnataka State Disaster Management Authority) and KSNDMC (Karnataka State Natural Disaster Monitoring Centre) that handle issues related to disaster preparedness and disaster management.

The KSDMA under the Chief Minister

• Assess the vulnerabilities of each area in the state and help provide possible measures.
• Generate awareness on the hazards among various institutions.
• Provide ‘forecasting, early warning, advisories and preparedness in management of natural disasters.’

Chennai

The Southernmost Metropolitan City with its population of 9,121,477 is in seismic zone 3 (moderate activity). The city has already witnessed a devastating Tsunami in 2006, post which the state set up the Tsunami Rehabilitation Programme. Chennai is also constantly threatened by Cyclones. What is the government doing to safeguard the coastal city?

It has the CDMM (Centre for Disaster Mitigation Management) managed by Anna University in collaboration with state government, apart from which there is a local branch of the NDMA. Though there is the Tamil Nadu State Disaster Management Authority, the plan which was formulated way back in 2003.

The CDMM researches on the various impending natural disasters whereas the NDMA helps the state in policy, planning and capacity building.

Delhi

The capital city with a population of 18,248,290 houses the headquarters of NDMA. Delhi being in seismic zone 4 (high activity) is one of India’s most vulnerable metropolitan cities when it comes to earthquakes. Being in such a volatile location, the city also has the DDMA (Delhi Disaster Management Authority) which makes sure the city has no imminent threat.

The DDMA

• Equips each locality to use funds allocated for disaster management activities
• It trains search and rescue teams, police and fire personnel to handle situations of disaster
• Chalks out plans to prepare against disasters.

Hyderabad

Two years back, a newspaper article had criticised the city with its population of 11, 48,741 for lacking a CDMP (City Disaster Management Plan). While the city is in seismic zone 2(least activity), it is prone to floods and cyclones, having recently seen a spate of the same.

Apart from the local chapter of NDMA, Hyderabad still lacks a proper city disaster plan.

Kolkata

The Eastern city lies in seismic zone 3 (moderate activity). With a population of 44, 86,679 the city houses the West Bengal Disaster Management Department. Though the city has no plan in place, WBMD has laid out plans for the entire state to prevent and provide relief against and during any natural disasters which compensate for it.

The WBDMD-

• Arranges for crisis management during natural calamities
• Prepares disaster management plans for all tiers in the State

Mumbai

The island city with its 12,772,094 population sees its share of flooding due to poor infrastructure and heavy rainfall every year. Falling in seismic zone 3 (moderate activity) the city is at high risk owing to the haphazard city plan. Though the city has a disaster wing under the Municipal Corporation of greater Mumbai the city’s haphazard planning proves to be a major threat during any disaster.

The Greater Mumbai Disaster Management Action Plan formulated in 2007 lays out-

• Different areas and their vulnerabilities in Mumbai
• The various mitigation and preparedness strategies
• Responsibilities of different forces during any calamity

Recent disasters like the Nepal earthquake and the flood in Kashmir have reminded us the need to be prepared for disasters and our cities being the most populous regions in the country are usually at high risk. However, as we see above, many cities still do not have adequate mechanisms or plans to deal with these situations. It’s about time we as citizen urged the authorities to take disaster preparedness more seriously, don’t you think?

Sources

NDMA

Indiaonlinepages

KSDMA

CDMM

DDMA

WBMD

GMDMA

The State Of Indian Roads

Police Come To Stop Your Private House Party?

Police coming to the private residence of a citizen to ‘bust’ or break up a party that is taking place is a common occurrence. In technical terms, there is no ‘busting’ of a house party.

The police can only enter a private residence to search the premises or seize any article or individual who is connected to an offence. This means that, the police can come into your house if they suspect that there is a cognisable offence taking place and if they have proof of the same.

They could also do it if they have received some complaint. If you are in such a situation then remember to:

• Ask the police under what authority or order they have they come

• If they want to search your home they must have a search warrant, which is an order from the magistrate. They must search your house in your presence

• If the police decide to seize any material make sure they make a record of what they are taking, sign that document as well as take your signature on that document

Do I Have To Go If The Police Ask Me To Come To The Station?

What To Do If The Police Refuse To Register An FIR?

If you are reporting a cognisable crime and the police refuse to register your FIR, you can make a complaint to a higher ranking officer such as the Superintendent of Police (SP), the Deputy Inspector General (DIG) or the Inspector General of Police (IGP).

You can also complain to the nearest judicial magistrate, who will order the police to register the FIR if deemed necessary. Ensure that you get a receipt of your complaint being registered.

You can also…

• Send your complaint in writing to the Superintendent of Police (SP) by registered post.
• Make a written complaint to the concerned State Human Rights Commission or the National Human Rights Commission that the police are not doing their duty of enforcing the law or that they are being negligent, biased or corrupt 

You can file an online complaint, find relevant information and also get the contact details of each State's own Human Rights Commission office on the website of the National Human Rights Commission http://nhrc.nic.in