Peaceful protesting is a fundamental right: SC

Peaceful protesting is a fundamental right: SC

Dakshita Garhwal

India is the world’s largest democracy. Fundamental rights play an important role in maintaining the sovereignty and integrity of India. Having so many disparities, right to protest (in a peaceful manner) or showing dissent or disagreement to something is a fundamental right secured by each citizen of India.

The legal maxim “Rex non potest peccare” or ‘the king can never do wrong’ ceases to have its relevance in a democracy. People have complete right to show dissatisfaction and defects in the system.

A writ petition was filed by migrants of Jammu and Kashmir where they putted up allegations on the state for infringing their rights secured under Article 14, 19, 21 and 22 of the Indian Constitution. The facts stated that the petitioners wished to take a peaceful march to Delhi to raise their grievances.  However, they were brutally beaten up by the police when they reached Katra (J&K). The petitioners have prayed for criminal action against the faulty officers and a compensation of Rs. 10 lakh for the severe injuries sustained.

The Bench comprising Justice R.K. Agarwal and A.K Sikri held that taking out peaceful protests to address grievances is a fundamental right. Article 19(1)(a) ensures freedom of speech and expressions, article 19(1)(b) provides right to peaceful assembly without arms and article 19(1)(c) ensures freedom to form unions. All of these rights come with a reasonable restriction but can be claimed in a democratic, peaceful and prescribed manner. Showing dissent in a legitimate manner is always permissible.

In the present case, an analysis of facts was done. It was observed that the first step was initiated by the petitioners who turned the peaceful protest to violent march by pelting stone at the police. On the other hand, the police exercised powers beyond limits as they continued their lathicharge even after overpowering them.  The court awarded compensation to the victims under Article 32 of the Indian Constitution. The first petitioner is awarded Rs. 2 lakhs and the other two petitioners are awarded with the compensation of Rs. 1 lakh each which has to be paid to them within 2 months.

There is a lack of proper training amongst police personnel to handle adverse situations. The protesting mob turn out to be very ugly that the police are forced to take strict actions. Human rights’ activists claim that practicing one’s fundamental rights must not result in infringement of some other persons. In case of rebellious situations the police are responsible to take proper course of action and restore the sustainability of law and order. Also, it must be taken care that the degree of action is not more than required. Police often crosses the limit which creates a negative image amongst the people. Abuse of power by police may lead to threat to rule of law.
The UN Human Rights’ body has also told to India that the right to peaceful protest must not turn out to paralyse the society.

Maternity benefit (Amendment) Bill, 2016 : a welcoming move

Maternity benefit (Amendment) Bill, 2016 : a welcoming move

Dakshita Garhwal

Empowering women is the most effective development tool- Kofi Annan

Rajyasabha passes the maternity benefit amendment bill 2016, which increases the maternity leave for women from 12 weeks to 26 weeks. This is a great step towards gender equality as the labour courts reported nearly 900 cases between 2008 and 2012 against denial of maternity rights and benefits.

Labour Minister, Bandaru Dattatreya moved the bill for consideration and passage. Women and Child Development Minister, Meneka Gandhi highlighted the increasing number of nuclear families which puts the responsibility of child solely over mother and the need for proper breastfeeding.

Prime Minister Shri Narendra Modi gave ex-post facto approval to the amendment of Maternity benefit act, 1961 on 10^th of August. India is now amongst the 42 countries of the world which provide maternity leave for more than 18 weeks. The International Labour Organisation (ILO) also recommends 14 weeks to be minimum standard maternity leave. 

The newly amended bill provides for following provisos:

-Increase in maternity leave from 12 weeks to 26 weeks in all establishments including private sector.

·        - The mother must be full paid for this absence from work to take care of the child.

·         -The act applies to all the establishments where 10 or more employees are working.

·         -Crèche facility to be compulsorily provided where there are 50 or more workers in an establishment.

·         -Provision for 12 weeks leave for commissioning and adopting mothers.

·         -Enabling provision for ‘work from home’ facility for mother. This provision is not mandatory.

The bill is a step towards curbing the declining rate of working women. Women on denial of maternity benefits leave their jobs rather than proceeding towards the courts. It is quite hard to strike a balance between the job and the child which often forces women to leave their jobs and career. This act would be benefiting around 1.8 million workforce of the country. Only 24% of the total paid workforce is represented by women in India. If gender equality sustains in the work field, we may experience 60% increase in GDP by 2025.
Usually, a middle- lower income developing country tends to increase jobs for women but the recent NSSO survey found a decline of 7% in India’s working female force in 2012.

Some big companies are already offering long maternity leaves. However, it is expected that the government doesn’t stops here and women in the informal sector are also looked upon as they are usually restrained from the light of justice and benefits.

The bill is welcoming move to cherish the right of motherhood and maternity. A healthy future generation and a mother’s career are secured.

The bill is now to be voted upon by the Loksabha which would be followed by President’s approval.