Explain the beneficial provisions conferred on the women under the Factories Act.

The Factories Act, 1948:

The Factories Act, 1948 The Factories Act is a part of labour welfare legislation wherein measures have been laid down to be adopted for the health, safety, welfare, working hours, leave and employment of young persons and women who are employed at factories. The Act was drastically amended in 1987 whereby safeguards against the use and handling of hazardous substances for setting up hazardous industries were laid down.

Provisions for women's welfare under the Factories Act, 1948

Exclusive provisions for women have also been incorporated in the Act keeping in view their soft and tender personalities. The maximum of these provisions was incorporated by the amendment of the Act in 1987. Provisions for the welfare of women:

Prohibition of employment of women during night hours: It is a safety measure for a woman.

Section 66(1)(b) of the Factories Act, 1948 states that no woman shall be required or allowed to work in any factory except between the hours of 6 a.m. and 7 p.m.

Prohibition of work in hazardous occupations: it provides that no women shall be allowed to clean, lubricate or adjust any part of a prime mover of any transmission machinery, lubrication or adjustment which would expose the women to risk of injury from moving any part either of that machinery.

Section 22(2) of the Factories Act, 1948 provides that no woman shall be allowed to clean, lubricate or adjust any part of a prime mover or of any transmission machinery while the prime mover or transmission machinery is in motion, or to clean, lubricate or adjust any part of any machine if the cleaning, lubrication or adjustment thereof would expose the woman to risk of injury from any moving part either of that machine or of any adjacent machinery.

Pearson v Belgium Co LTD.(1896) 1 Q B 244: The question was whether stationary parts of a machine can be cleaned by women if the machine as a whole is in motion. It was held by the court that if machinery as a whole is in motion even stationary parts of the machine cannot be cleaned by a woman.

Richard Thomas and Baldwins Ltd. V Cummings(1955) 1 AII ER 285: The court observed that there would be no breach of statutory duty if an injury occurs while the machinery is unfenced if the power is cut off and the machinery is under repairs and the parts are not in motion but are moved by hand for purposes of repairs.

Prohibition of employment of women in pressing cotton where a cotton opener is at work: Section 27 of the Factories Act, 1948 prohibits employment of women in any part of a factory for pressing cotton in which a cotton opener is at work.

Fixation of daily hours of work at nine: Hours of work which provides that the daily hours of work of adult workers have been fixed at 9 by provisions of Section 54 of the Factories Act, 1948. Sometimes men can work for more time but it does not permit women workers to go beyond the limit.

Fixation of maximum permissible load: It is a safety measure and it is also supported by the International Labour Laws.

Provision for crèche: In every factory where more than 30 women workers are ordinarily employed, there shall be a suitable room for the use of children under the age of six years of such women. It is a nursery and a place where the babies of working women are taken care of while the mothers are at work. It provides that in every factory there shall be a suitable room for the use of children under the age of 6 years of such women and should be adequately clean, ventilated, accommodation and sanitary condition. Section 48 of the Factories Act, 1948 provides for the provision of crèche in factories.

Provision for washing and bathing facilities, toilet facilities: The Act provides for separate and adequately screened washing and bathing facilities for women. Washing and bathing facilities are provided for women workers and shall be kept clean. Provisions for toilets are also provided under the Factories Act. Latrine and urinal facilities separately for men and women are necessary where women labour is employed. The factories Act must make it obligatory for any factory owner to maintain an adequate number of latrines and urinals separate for women. Provision for separate latrines and urinals for female workers exists under Section 19 of the Factories Act, 1948. Provision for separate washing facilities for female workers exists under Section 42 of the Factories Act.

All the above provisions are simultaneously provided under The Plantations Labour Act 1951, The Mines Act 1952, The Beedi and Cigar Workers (Conditions of Employment) Act 1966, The Contract Labour (Regulation and Abolition) Act 1970 and The Interstate Migrant Workmen (Regulation of Employment and condition of services) Act 1979.

References:

1) Protection of women under the labour laws

2) Women Rights Under Indian Labour Laws- A Socio-Economic Study

3) About Women Labour

What are the main features of Immoral Traffic (Prevention) Act?

The Immoral Traffic (Prevention) Act (for short ITPA) was Act no. 104 of 1956 and it was enacted on Dt. 30.12.1956. The long title of the ITPA is, “An Act to provide in pursuance of the International Convention signed at New York on the 9^th day of May, 1950, for the Prevention of Immoral Traffic.” It is evident from the long title that the ITPA is enacted in pursuance of the International Convention for the Prevention of Immoral Traffic, New York, signed on Dt. 9.05.1950.

The ITPA extends to whole India.

According to ITPA any person who is keeping and/or managing a brothel is liable for the punishment of rigorous punishment for 1 to 3 years with a fine upto Rs. 2,000/- (Two thousands only). If such person is again convicted for the same crime then the rigorous imprisonment term may be 2 to 5 years with a fine upto Rs. 2,000/- (Teo thousands only).

If a major (completed 18 years of age) person is living on the earning of prostitution then such person may be punished with imprisonment of a term upto 2 years and/or a fine upto 1,000/- (One thousands only). And if such prostitute is a minor, then the person who is living on her/his earning will be punishable for imprisonment of a term of 7 to 10 years.

Further the ITPA provides the punishment for procurement, inducement or taking a person for sake of prostitution which is rigorous imprisonment 3 to 7 years with a fine upto Rs. 2,000/- (Two thousands only). And if such act of the convicted person is against the will of the person then the punishment will be rigorous imprisonment of 14 years.

This Act provides for the appointment of special police officer and advisory body for dealing the offenses under the Act.

Offenses under ITPA are cognizable offenses. Also search of such premises where brothel is continued can be done without search warrant due to the provisions of the IPTA Act.

This act provides for the establishment of protect home for removed and rescued persons from such heinous trafficking. Also how such protect homes should maintain their records is provided under ITPA.

Only Metropolitan Magistrate or a Judicial Magistrate of the first class can try the offenses under the ITPA.

State governments and Central government are empowered to establish the special courts for imparting the justice in the cases covered under this Act. State governments are empowered to formulate the rules and regulations under this Act for proper implementation of the Act and such rules are published in the official gazette of the State.

The ITPA provides for the prevention of the trafficking of humans for illicit purpose of prostitution and brothel. Both are the heinous acts which are destroying the ethics of the humanity. In general in such businesses women are forcefully thrown and they are forced to lose their dignity and modesty.

Reference:

TheImmoral Trafficking (Prevention) Act, 1956.

 

Environmental Law Short Questions and Answers: Part 3

Vande Matram! Here are some short questions and answers on Environmental laws in India. Please read these and note them down for your knowledge.

When is the hunting of a wild animal permitted in India?

·         Hunting of wild animals is permitted only when such animals become dangerous to human beings or it becomes diseased beyond recovery.

Which Section of the Indian Forest Act, 1927 provides poisoning water of a forest area?

·         The Indian Forest Act, 1927 Section 26(i) of the Act makes it punishable if any person, who, in contravention of the rules made by the State Government, poisons the water of a forest area. This is a colonial law and this provision must be incorporated into the statute of independent India.

Enlist the main provisions for the protection of the environment enacted in India?

·         the Wild Life (Protection Act), 1972

·         The Indian Forest Act, 1927

·         The Water (Prevention and Control of Pollution) Act, 1974

·         The Air (Prevention and Control of Pollution) Act, 1981

·         Environment (Protection) Act, 1986

·         The Noise Pollution (Regulation and Control) Rules, 2000

·         The Serais Act, 1867

·         Obstruction in Fairways Act, 1881

Which Act empowers pollution control boards to inspect and analyse industrial plants?

·         The Water (Prevention and Control of Pollution) Act, 1974 empowers Pollution Control Boards to enter into industrial plants, factories, etc., and inspect plants, records registers, and documents, to take samples of industrial effluents and analysis of same.

What is the objective of the Air (Prevention and Control of Pollution) Act, 1981?

·         The objective of the Air (Prevention and Control of Pollution) Act, 1981 is to provide prevention, control, and abatement of air pollution. This Act basically aimed at industrial pollution and automobile pollution. 

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Environmental Law Short Questions and Answers: Part 2

Vande Matram! Here are some short questions and answers on Environmental laws in India. Please read these and note them down for your knowledge.

What is the Constitutional provision for the protection of the environment in India?

·         In Article 48 of the Constitution of India, it is clearly stated that it is the duty of the state to ‘protect and improve the environment and to safeguard the forests and wildlife of the country’. It imposes a duty on every citizen ‘to protect and improve the natural environment including forests, lakes, rivers, and wildlife.’

Who is responsible for making rules and regulations for the protection of the environment in India?

·         The Ministry of Environment and Forests, India. In India, the Ministry of Environment and Forests is the nodal agency at the Central level for planning, promoting, and coordinating the environmental programmes, apart from policy formulation.

What are the main objectives of the Ministry of Environment and Forests?

·         Following are the main objectives laid down by the Ministry of Environment and Forests:

o   Conservation & survey of flora, fauna, forests, and wildlife

o   Prevention and control of pollution

o   Afforestation & regeneration of degraded areas

o   Protection of the environment.

 Who is authorised to monitor industrial pollution and its prevention, and control?

·         In India the Central Pollution Control Board monitors, industrial pollution, prevention, and control at the central level, which is a statutory authority attached to the Ministry of Environment and Forests.

·         At the State level, the State Departments of Environment and State Pollution Control Boards are the designated agencies to perform these functions.

What is the main motive of the Wild Life (Protection Act), 1972?

·         The motive of the Wild Life (Protection Act), 1972 is to introduce legislation for providing protection to wild animals and birds. It provides that the wildlife which is an integral part of the ecosystem can be protected and guarded against extinction. This Act is basically for the protection of animals, plants, and birds that live in forests. 

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Concept of the environment

 Concept of the environment:

Environment has everything to meet the needs of the individual and not the desire.  The writings in the Vedas and Upanishads clearly depict the idea of environment. Environment and development are two paradoxical situations which needs a balance from both the sides.

Sustainable development is the core concept in modern times for protection of environment and keeps up the pace of development. Environment in broader terms includes each and everything in the ecosystem and their relationship between each other.

Sustainable Development speaks the essence of balancing the needs of present and future generations, national and international perspectives clearly help us to understand the idea of protection of the environment and to give preference on development without altering the purpose and essence of which it is built.

IDEA OF ENVIRONMENT

Environment denotes totality of all extrinsic, physical and biotic factors effecting the life and behaviour of all living things. The word “Environment” is derived from the French word “Environmer”, means encircle and encompasses within it the land, water, flora, fauna, living creatures, forests and everything on the earth.

Industrialization and ever-growing technological development has caused damage to the environment to an alarming extent. The question of protection of environment is so important that it is regarded as a Human Right around the world.

The term “Environment” is sum of various phenomena the dynamism of this term defines its scope. A lot of attempt has been made to define Environment through various national and International instruments. Generally, environment comprises of natural resources, external conditions, stimuli etc., with which a living creature interrelates.

The Preamble of the UN Declaration on Human Environment states that: “Man is both creature and moulder of his environment, which gives him physical substance and affords him the opportunity for intellectual, moral, social and spiritual growth”.

Environment is clearly defined under Clause 1 of the Section 2 (a) of the Environment (Protection) Act 1986 as: “Environment includes water, air and land and the inter-relationship which exists among and between water, air and land and human beings, other living creatures, plants, micro-organism and property”.

While Clause  2 of the Section 2(a) of the Environment (Protection) Act 1986 gives the definitions for environmental pollution and environmental pollutants. “Environmental Pollution” means the presence in the environment of any environmental pollution. “Environmental pollutant” means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be, injurious to environment.

ANCIENT & MEDIEVAL WRITTINGS

Ancient India and Environmental protection:

Environment protection has been 6000 years old tradition for the Indians. It was the “Dharma” for each individual in the society for protection of nature. The five important elements of nature called “Panchabhootas” were the divine incarnation for us. Natural resources management was given major importance in ancient India like conservation of water bodies, Protection of forests & wildlife were considered to be the important aspects of governance by the rulers and local people. Punishments were prescribed for causing injury to plants. According to evidences in Vedas and Kautilya’s Arthasasthra, different dynasties accorded top priority to environmental protection and sustainable use of its components. All of the tree parts were considered important and sacred and Kautilya fixed punishments based on the destruction of the specific part of the tree, some of the important trees were even elevated to the position of God.

The Rig-Veda establishes the symbolism of this close kinship when it says: ‘Heaven is my father; my mother is this vast earth, my close kin.’ Atharva-Veda contains the hymn - Bhumi Sukta – ‘in praise of the earth and invokes a balance: upon the immutable, vast earth supported by the law, the universal mother of the plants, peaceful and kind, may we ever walk for ever.’

In Mahabharata, in the Bhisma Parva, refers to the earth as an ‘ever-yielding cow’ provided its resources are developed and managed with balance and control: ‘If Earth is well looked after, it becomes the father, mother, children, firmament and heaven, of all creatures.’

The Rig Veda does mandates about Cow slaughter is a heinous crime equivalent to a human murder and those who commit this crime should be punished. Protection of animals and plants are clearly depicted in the ancient times. Forests, Wildlife and more particularly trees were held in high esteem and held a place of special reverence in Sanatan theology. The vedas, Puranas, Upanishads and other scriptures of the Sanatan religion gave a detailed description of trees, plants and wildlife and their importance to the people. The Rig Veda highlighted the potentialities of nature in controlling the climate, increasing fertility and improvement of human life emphasizing for intimate kinship with nature.

During the Vedic period, cutting of live trees was prohibited and punishment was prescribed for such acts. In Srimad Bhagavatam, it has been rightly pointed out that a man who with exclusive devotion offers respect to sky, water, earth, heavenly bodies, living beings, trees, rivers and seas and all created beings and considers them as a part of the body of the Lord attaints the state of supreme peace and God’s grace.

The Sages and Saints of India lived in forest. In the history, people’s attitude towards plants, trees, sky, air, water and animals was to keep a sympathetic attitude towards them. Sanatan Dharma instructed man to show reverence for presence of spirituality in nature. The flora and fauna, hills, mountains, rivers are worshiped as symbols of veneration. The cutting of trees, polluting air, water, and land were regarded as sins and they were to be respected as associated with gods and goddesses.

India possesses a great-diversified ecosystem including forests, wetlands, islands, estuaries, parks, landscapes, oceans and rich blend of variety of natural surroundings. Many customary or community practices were evolved by the ancestors to protect the environment. The efforts of the people in local community in conservation of natural resources quite deserve to eulogize.

In consequence to rapid industrialization, sophisticated science and technological advancement, increased population, urbanization, deforestation, indiscriminate utilization of natural resources etc., the traditional practices to preserve and conserve natural resources have not been taken seriously by the people in modern times which have resulted in environmental degradation. The phenomenon of environmental protection is not a new concept to the human civilization.

Hindutva said to be dealt with various aspects of nature and ways of worshipping the nature. It appears that the civilization of Mohenjodaro, Harappa and Dravidian civilization lived in consonance with its ecosystem and their small population and their needs maintained the harmony with the environment.

One who plant one pipal, one neem, one ber, ten flowering plants creepers, two pomegranates, two oranges and five mango trees will not go to hell. Similarly, several Hindu Gods and Goddesses have animals and birds as their associates.

Medieval India and Environment protection:

From the point of view of environment conservation, a significant contribution of various emperors of that time has been the establishment of magnificent gardens, fruit orchards and green parks, round about their places, central and provincial headquarters, public places, on the banks of rivers and in the valley and dales which they used as holiday resorts or places or temporary headquarters during the summer season.

Among the officials empowered for administration of justice by the kings and the emperors of India, Muhtasibs and Balutedars were vested with the duty of prevention of pollution. Main duty among others was to remove obstructions from the streets and to stop the commission of nuisance in public places. Also people were aware of tree plantations and lots of jungles were planted artificially during British era. During freedom struggle Gandhiji had given many ideas for recycling of the waste to produce organic fertilizers, papers which are still used by organisations such as Arbindo mission and even today’s Swachchha Bharat Abhiyan is based on the principles of recycling the waste given by Gandhiji. Gandhiji motivated many to consume vegan diet and only fruits diet.

Environmental protection during post-independence era:

The post-independence era witnessed a lot of changes in the policies and attitudes of the Governments with respect to environmental protection. Under the constitution various provisions directly or indirectly deals with environmental protection. Also there are many statutes enacted by the Parliament of India to achieve the goal of environment protection.

• Article 39(b), 47, 48, 49 of Constitution of India

• National Forest Policy, 1952

• Wild life Protection Act, 1972

• Project Tiger, 1973

• Under 42nd Amendment of the Constitution in 1976

• Forest conservation Act in 1980.

• Air (Prevention and control of pollution) Act, 1981

• Wild life (protection), 1983

• Environment (protection) Act, 1986

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Short Question and Answers: Part 1

 Vande Matram! These are some short questions and answers about environmental law. Please read and share them.

 ·         What is the environment?

o   The environment has been defined as that outer physical and biological system in which man and other organisms live as a whole.

·         What are the two main parts of the human environment?

o   Human environment consists of both the physical environment and biological environment.

·         What are the components of the physical environment?

o   Physical environment covers land, water, and air.

·         What are the components of the biological environment?

o   Biological environment includes plants, animals, and other organisms.

·         Which Section of the Environmental Protection Act, 1986 defines ‘environment’?

o   Section 2(a) of the Environmental Protection Act, 1986.

·         Which Section of the National Environmental Tribunal Act, 1995 defines ‘environment’?

Section 2(d) of the National Environmental Tribunal Act, 1995.

The approach of India towards environmental protection

Vande Matram friends! The environment is one of the science topics. But the environment and its protection is our implied duty as human beings. So it is necessary to create some laws, rules, and regulations for the protection of this very basic thing for our better life. This series will discuss all the things related to environmental laws in India.

The approach of India towards environmental protection:

India had an ancient tradition of paying constant attention to the protection of the environment. In India, the devices and rules for protecting the environment are discernible from ancient times. Many scriptures show how ancient Indians were thankful for Mother Nature and how they were protecting it by planting numerous trees which they used to worship occasionally. Including idol worshiping, tree plantation, animal protection, and worshiping trees and animals was incorporated in day-to-day life for sake of the protection of the environment and its various components.

Apart from ancient practices in Hinduism, Buddhism, Jainism, and Sikhism India had practiced the worship and protection of the environment during medieval and British Eras. After independence India had developed its own legislation for the protection of the environment which is in accordance with modern requirements and international environmental protection laws. Also, a great sense of concern has been shown by the legislature and even the Indian judiciary showed great concern regarding the environment with its landmark judgments.

During historical times Indians were aware of how to protect various components of the environment. They were planting trees to protect the biological environment. The planted trees were worshiped so that no one can chop them due to Godly respect for those trees. As trees were planted and grown other organisms and animals were sheltered properly. Indians were using organic fertilisers and hence the lands were free of chemical pollution caused by chemical fertilisers.

The cows were not just mothers in the spiritual sense, they were the main source of fertilisers and also used as medicine for many plant infections in agriculture. As cow dung is the best organic fertiliser even today. Also, cow urine is useful to treat various plant infections. Bulls were used in all agricultural operations and hence the air pollution which is due to mainly vehicles on the road and land was absent. Using animals for agricultural purposes which was the main source of earning and having a great impact on the economy of the nation was not cruel as described by today’s so-called animal lovers.

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