Article 370 – All You Need To Know

The article 370 has given the status of an autonomous state to Jammu and Kashmir. The article has been drafter under the part XXI of the Constitution that states Temporary, Transitional and Special Provisions. This article was worked out in the year 1947, between Sheikh Abdullah, appointed then as the prime minister of J&K by Nehru as well as the Maharaja. He kept the Kashmir portfolio to himself. Sheikh Abdullah was driven by the desire to become the king and his hatred for the maharaja then persuaded Nehru to provide Special status and even Mountbatten was the one to pursue Nehru to take the issue to UN.

article 370

The article has the following provisions –

  • The provision grants special autonomy to Jammu and Kashmir
  • The provisions of article 238 that got omitted in 1956 from the constitution are not applicable to Jammu & Kashmir.
  • Even B R Ambekar who was the man behind drafting the constitution refused to draft article 370 and was done by Gopalswami Ayaangar, a minister without portfolio and x Diwan of Hari Singh, kind of Kashmir, eventually
  • The article 370 has been drafted under temporary and transitional provisions of the Amendment section of part XXI, section
  • The article 370 does not allow and increase or decrease in the borders of the state

It is known to be the biggest impediment in integrating J&K with Indian Union. The Veto power on laws lies with the Jammu & Kashmir Authority even if the Government makes laws with the state government. A J&K can have two citizenships, one of J&K and one of India. This privilege is not given to Indian citizens otherwise. An outsider is not allowed to buy any property in J & K state and the defection law is also not applicable to this state. Other laws like intermarriage with other state person, Urban Land Ceiling, Wealth tax and Gift Tax aren’t operating in J&K state. J&K has the power to refuse use of land of defense cantonments or allocation of land for defense purposes.

Apparently, article 370 is a temporary provision and can be abrogated. The topic has been a hot topic for debate in India after the Pulwana terror attack that killed over 40 Indian Soldiers.

 

*Sourced from the Internet

5 Employee Rights You Should Know

5 Employee Rights

Ask some of the greatest entrepreneurs of today or some of the biggest brands of the world about employees and they all would have one unanimous voice that employees are their biggest assets. It is a fact that people power drives a brand northward. At present many companies offer their employees different benefits and incentives when it comes to employee care. Having said that, there are firms who might not be as concerned about employee rights and might not even follow the rules and regulation around employee hiring, retention, termination or more. But, not all of us are aware of our rights. So, let us take a quick glance through five of the most important rights an employee should be aware off.

1. Minimum Wages Act – All of us might just not be aware of the minimum wages act that is applicable to employees of different categories in India including unskilled and skilled ones and varies across the country. The wage deciding factors are region, type of work, working hours, cost of living and the employer capacity to pay. You can get detailed information by checking the employee wages act.

2. Sexual Harassment Protection – We are not new to sexual harassment cases that have time and again become topics of discussion. For those who are not aware, there is already a sexual harassment act in place for women for prevention, prohibition and redressal brought into effect since 2013. It is a punishable offense and carries imprisonment of upto 3 year and might include fine too. The offenses listed under it include Passing Sexual comments, showing porn, demanding sexual favors, physical advances or contact and other verbal, non verbal or physical and unwelcome conduct or sexual nature.

3. Public Holiday List – The government of India has declared Independence Day, Republic Day and Gandhi Jayanti as the mandatory three national holidays. For any working on this day, prior permission from authorities needs to be taken. The employer needs to provide a compensatory leave or double wages to the employee if made to work on these days.

4. Pregnancy & Parental Leave

5. Probation rights – The probation period for an employee is kept as 6 months. It could be extended to 3 months more as well but cannot extend more than 2 years. Employers can terminate the employee if the work is found unsatisfactory. In cases otherwise the employee has the right to request an enquiry into the matter of termination.

There are many more laws for employees and its always advisable that you are aware of all of them, so that when the need be you know what your rights are and can use them to the optimum.

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Pregnancy Termination Law For Women

Pregnancy is the herald of new birth and new life but it is not always a good news for the mother or parents. Sometimes it is unplanned or unwanted. Sometimes it is wrapped up in complications that could be life threatening. So, the Indian Government has listed out some laws related to pregnancy decisions that benefit women because they are the ones who carry the fetus for nine long months and give birth as well.

Pregnancy Termination Law For Women

Child birth is associated with many aspects be it social or financial and an unwanted pregnancy could lead to repercussions of still more serious kind. So, as per section 3(2)b(i) the law mentions these words with respect to pregnancy of a women – ‘grave injury to mental health’. A women owns her body and she has right over it. It emerges from the fundamental rights under article 21 of the Indian Constitution where a woman has every right to live with dignity in the society as a human being. She can terminate her pregnancy under the Pregnancy termination act of 1971. Hence, even a practitioner has to ensure that there is no injury possibility physically or mentally to the pregnant women when terminating the pregnancy.

Termination of pregnancy is a difficult situation for the women and could be the result of considering the growing financial requirements and limitations to sustain the needs of the new born. Also, as per the law, human rights are applicable only on birth and not before that, hence, an unborn fetus does not have the rights to take any decision and only the mother can do so as the pregnancy takes place within her.

The law also indicates the all pregnant women need to be given equal treatment even if they are prisoners. As for prisoner women, they have to be kept under observation as well even if under prison by the medical officer of the prison. Termination of pregnancy by women could be a result of a lot of reasons like working mother, complications, financial issues to name a few. A prisoner needs to be sent to the civil hospital for termination in case she wants to on an immediate basis.

Crime and Its Concepts – A short Description

Before talking about the concepts of crime, lets just define crime first. Crime by definition means an act that is capable of being followed by criminal proceedings. Sir William Blackstone defines crime in two ways. One, as an act committed or omitted in violation of public law commanding or forbidding it. Though the definition is limited in the sense that it is only applicable to bulk of criminal law segment that covers political offenses and was modified later. Though the definition of concept of crimes showcases traceable difficulties with respect to the concept, it can still be defined or rather can make sense based on four different frame works.

concepts of crime

Social construction is one of them. As culture varies across the length and breadth of the country, it is difficult to create a standard definition of crime as it could vary from culture to culture.

Religious authority is another. Now, there is this huge conflict across religions when it comes to considering something as crime. While it may be a crime in one religion, it may not be in another. Example – women in middle east are not allowed to drive as per the Sharia law of Saudi Arabia. It is considered to be a crime even today, however absurd it may sound in other part of the world. Another example is honor killings and domestic violence which is allowed in certain religions while in certain it is considered as crime as per the basic state law.

Another example is holocaust of Germany wherein Hitler in Nazi Germany ordered a systematic slaughter of the Jewish race, which was not considered a crime then. But today when reviewed, the holocaust is known to be the greatest crime in history of Germany. Even when the trial was carried out only a few officers that were closed associated were held responsible. As for others they were not held responsible as they were only following orders of their seniors and did not commit crimes willingly. This again throws light on the definition of crime and its affects on not only the situation but people involved in the situation.

Thus, as we may see based on the four frameworks explained above including the examples of holocaust, Saudi Sharia law, domestic abuse and honor killings, it can be understood that the definition varies as per time and the ever changing needs of the society. There are more example which can prove that crime as an act is not the same everywhere. For example liquor sale and consumption is a crime in Gujarat but in many other states of India it is not.

Thus, we can clearly see that the definition and concept of crime ranges from individual and personal to historical and social circumstances and hence it is difficult to have one single definition for it.

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