June 2021 – Page 17

The present article is written by Mudit Jain pursuing B.B.A. LL.B. (H) from Indore Institute of Law.

INTRODUCTION –

A factory is a structure or location where items are manufactured using machinery and manual labor. The constituent parliament enacted the factories act, 1948 on August 28, 1948, the governor-general of India gave his assent on September 23, 1948, and it went into effect on April 1, 1949. It protects the health, safety, and wellbeing of factory employees, as well as providing protection to exploited workers in order to improve their working circumstances in industries or factories. It will also oversee the properties’ owners, and severe observations will be conducted about factories and other laborers’ working conditions. The Act is divided into 120 sections, 11 chapters, and three parts.

HISTORY –

1.The Factories Act,1881-In 1881, the first Indian Factory Act was passed (15th of 1881). This Act was primarily concerned with prohibiting the employment of children under the age of seven, as well as their double work on the same day. This Act was made applicable to factories with more than 100 employees as well as enterprises with mechanical power.

2.The Factories Act,1891-Because of a flaw and a loophole in the 1881 Act, employers were always in problems. In 1884, the panel reviewed the employers’ inquiries. The Indian Factories Act of 1891 was then passed.

3.The Factories Act,1911-The safety standards in the 1891 Act were insufficient, and multiple fires occurred on the premises, resulting in more than 50 deaths between 1901 and 1905. As a result, the Factories Act 1911 was passed to protect factory employees.

4.The Factories Act,1922-Following World War I, the International Labour Organization was established in 1919, with an emphasis on working hours, minimum age, and night labor for women and children. The laborers went on strike in 1921 in protest of the convention’s ratification. As a result, the Factories Act of 1911 was revised in 1922 to add regulations for working hours, minimum age, and night employment for women and children.

5.The Factories Act,1934-In 1929, a Royal Commission was established to study the current Act and provide recommendations for the long-term improvement of labor living circumstances. As a result, the Firms Act of 1934 was adopted, and it went into effect in 1935, including factory inspection and observation, which applies to factories employing 20 or more people with power.

6.The Factories Act,1948-The Factories Act of 1934 was revised in 1935, 1936, 1937, 1940, 1941, 1944, 1945, 1946, 1947, and 1948, with a significant change in 1948. During the interim congress government, a five-year plan was developed to unify labor conditions and reform the 1934 Act, similar to the 1937 United Kingdom Factories Act. According to the International Labour Organization, in the areas of health, safety, welfare, working hours, hygiene, medical examination, and the submission of the factory and industry plans. As a result, on April 1, 1949, the Factories Act 1948 went into effect.

OBJECTIVES-

To keep humans from working long hours with physical hardship or hard labor.
To offer employees a healthy and sanitary working environment.
To protect workers from dangerous tasks and to avoid accidents.
To guarantee that yearly leave is paid for.
To safeguard women and children while they are at work.

IMPORTANCE OF THE FACTORIES ACT,1948 –

Factories in India are the most significant component of economic growth; it is also the state’s responsibility to provide every resident of India with health and safety conditions, which are especially crucial for factory workers. The factories act sought to protect employees’ interests, precautions, and preventions in hazardous employment, health, and safety in the workplace, to prohibit their exploitation, to impose responsibilities on employers and managers to protect every employee, and to protect women and children.

SCOPE AND APPLICABILITY OF THIS ACT-

The Act applies to the entire country of India, including Jammu & Kashmir. The Act applies to any premises having ten or more workers in the production process and powers, as well as any premises with twenty or more workers in the manufacturing process but no authority. The Act authorizes the state government to declare any of the factories or premises covered by the Act to comply with the Act’s provisions for safety, health, and welfare. However, it does not contain a mine or a mobile unit of the Union Armed Forces, restaurants, or hotels.

SALIENT FEATURES –

Workers’ working hours shall not exceed 48 hours per week, and there must be a weekly holiday.
Every factory must have preventative and safeguards in place to protect the workers’ health, as stipulated by the Act. Restrooms, proper lighting, ventilators, and temperature must all be supplied. The workplace should be maintained clean and sanitary at all times.
To maintain worker safety, factories should be securely gated, and youngsters should not be permitted to work in dangerous or enclosed places. Furthermore, the state government must oversee each plant to verify that safety precautions are taken and implemented in accordance with the requirements.
Restrooms, lunchrooms, first-aid equipment, shelters, and crèches must be provided for the workers’ safety. Washing facilities must be supplied and well maintained for the benefit of workers.
If a person breaches a provision of the factories act, it is considered an offense and punishable by imprisonment for three months or a fine of up to one lakh rupees, or both. If any of the employees misuse any of the facilities provided for their health, safety, and welfare, he or she will be fined up to 500 rupees.

MAJOR AUTHORITY UNDER THE FACTORIES ACT,1948-

The management and the occupier shall be held accountable under the factories act for the execution of the provisions outlined in the act. Section 2(n) defines “occupier” as the person who has ultimate authority over the factory’s affairs. Following the Supreme Court’s decision in the case J.K. Industries Limited v. The Chief Inspector Of Factories, 1996, “Manager” refers to the person who is responsible for the operation of the factory for the occupier and must be selected by the occupier.

MAJOR PROVISIONS UNDER THIS ACT-

Occupier Responsibilities
Inspectors’ powers and responsibilities
Worker Health and Safety Provisions
Provisions Concerning Worker Safety
Provisions Concerning Worker Welfare
Adult employees’ working hours
Earned annual leave
Provisions concerning worker strength
Employment provisions for women
Provisions concerning child labor
Operations that are dangerous
Diseases, accidents, and risky events must be reported.
Special provisions for hazardous processes
Accidents and potentially hazardous events
Workers’ rights and obligations
Penalties and procedures are in place.

MAJOR AMENDMENTS UNDER THIS-

The Factories Amendment Act,1954

The Indian government accepted the International Labour Organization Convention and outlawed the employment of women and young people in industries at night. As a result, sections 66,70, and 71 were changed. Also prohibited are women and young people from cleaning, lubricating, and operating machines. Revision of the chapter on leave with pay to fix 240 days attendance and raise the maximum on carried forward leave. Allowing 6 hours of labor in a row with no breaks if the shift is 6 hours long.

The Factories Amendment Act,1976

Following the 1948 and 1954 amendments, industrial expansion continued, and there is a need for safety officers in all factories and industries to deal with worker health and safety issues. As a result, the 1976 Factory Amendment Act was passed. Changes were made to the definitions of the production process, worker, factory, occupier, and so on when the word “contract labor” was incorporated into the definition of worker The location must be approved and granted prior authorization. The investigation into fatal accidents was scheduled for one month under Section 82.

Section 92 of the Act increased the maximum limit from Rs. 500 to Rs. 2000, and section 94 increased the enhanced penalty from Rs. 1000 to Rs. 5000. Section 94 also included a provision for a minimum fine in the event of a fatal accident or significant bodily harm (Rs. 1000 for death and Rs. 500 for serious physical harm; in the case of an aggravated sentence, these values were quadrupled). Section 36A was amended to include the use of portable electric lights, Section 40A for building maintenance, Section 40B for Safety Officers, Sections 62(1-A) and 73(1-A) for more particulars in muster roll, Section 88A for notice of dangerous occurrences, and Section 91A for safety and health surveys.

The Factories Amendment Act,1987

The Bhopal gas catastrophe raised worldwide safety awareness and prompted the Indian government to implement stricter standards to guarantee the health and safety of workers. As a result, the state and federal governments enacted new environmental protection laws (i.e. Environmental (Protection) Act, 1986). In addition, the government made essential revisions to the existing factories (amendment) act of 1986, adding a new chapter IV A on hazardous procedures and harsh fines and imprisonments for violations.

The Factories Amendment Act,2014

On August 7, 2014, the Factories (Amendment) Bill, 2014 was introduced in Lok Sabha. It intends to alter the Factories Act of 1948. The Act’s goal is to guarantee proper safety measures while also promoting the health and wellbeing of factory workers. According to the Statement of Objects and Reasons, the amendments proposed in the Bill are based on changes in manufacturing practices and technologies, ratification of ILO conventions, judicial decisions, recommendations of various Committees, and decisions made at Factories Chief Inspectors Conferences.

The Factories Amendment Act,2016

On August 10, 2016, the Minister for Labour and Employment, Mr. Bandaru Dattatreya, proposed the Factories (Amendment) Bill, 2016. The Factories Act of 1948 is amended by the Bill. The Act governs manufacturing workers’ safety, health, and well-being. The Bill modifies provisions concerning overtime hours of labor. The Act allows the state government to make regulations on a variety of issues, and the bill gives the national government the same authority. The Act empowers the state government to enact laws governing overtime hours of labor. However, the total number of hours of overtime for a quarter cannot exceed 50. This restriction is increased to 100 hours under the Bill. The federal government may also impose rules in this regard, among other modifications.

CONCLUSION-

The Factories Act is crucial in the industrial sector since it provides a wide range of advantages to the factory and industry workers. It improved their working conditions, health, safety, and wellbeing. Workers are regarded as the backbone of our Indian economy, and the government made critical changes to improve their living circumstances. Furthermore, the Act made employees aware of different measures designed to protect their interests and compelled employers who act in bad faith to be aware of their legal obligations.

REFERENCES-

https://prsindia.org/billtrack/the-factories-amendment-bill-2014
https://legislative.gov.in/sites/default/files/A1948-63_0.pdf
http://labourbureau.gov.in/LS_FACT_2004_Chap_1.pdf
https://www.legalbites.in/factories-act-1948#:~:text=Salient%20 features%20of%20the%20 Act,-Working%20 hours%20of&text=There%20must%20be%20 restrooms%2C%20 adequate,in%20 hazardous%20and%20confined%20areas.
https://www.srcc.edu/sites/default/files/B.Com%20(H)_Sem6_BCH%206.4%20(d)_Industrial%20Relations%20and%20Labour%20Laws_W2_CG_UNIT%205_0.pdf

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The present article has been written by Aanya Gupta pursuing BBA LLB from Vivekananda Institute of professional studies, GGSIPU, New Delhi.

INTRODUCTION

Sections 34 and 149 of the IPC represent implied liability rules, which means that one person is responsible for the effects of other people’s amendments, but sections 34 and 149 should not be mixed. In Section 34 and Section 149, the law of common intention is by no means synonymous but has its distinguishing characteristics. Chapter VIII of the Indian Penal Code deals with Section 141 to 160 of “Crimes against Public Peace”. The crime of disturbing public order is also called “collective crime”. Section 141 defines an “illegal assembly”, which means that there must be 5 or more people present, and it must target all of them. In the common intention, there must be a previous thought and unity, just as there must be an obvious behaviour in the progress of the common intention of all; on the other hand, the common object can develop without a mindless initial meeting. The common purpose of the illegal gathering may be one, but the purpose is different.

DEFINITION OF COMMON INTENTION

Common intention refers to a predetermined plan and a concerted action to execute the plan. The common intention occurred before the crime occurred, but the time interval between the two should not be too long. It can happen suddenly. As stated in section 34 of the Indian Penal Code, when two or more persons agree to perform an act with a common intention, the co-convict has the right to take equal criminal responsibility. In this case, each member must be held accountable for the behavior, in the way they did individually. In the case of Amrik Singh, it is further believed that although a common intention may develop during battle, there must be clear and irreproachable evidence to prove that the inference is correct. In the case of Pandurang v.Hyderabad, the Supreme Court emphasized this point. The previous concert may not always be long before the incident, but it may have occurred under the stimulation of the scene. At this time. Section 34 of the IPC incorporates the principle of joint and several liabilities in the commission of criminal acts, the key of which is the existence of a common intention. Its applicability is due to the crime involved. This is one of the provisions of the Indian Penal Code, which aims to expand the responsibilities of others.

OBJECTIVE OF SECTION 34

Section 34 is designed to address a situation where it may be difficult to distinguish the common intentions of criminal acts of individual party members in favor of all, or it is difficult to prove precisely which parties each participated in. In this case, the reason everyone is found guilty is that the existence of accomplices provides encouragement, help, security, and confidence to people who engage in illegal acts. Therefore, every person who commits a crime is responsible for their participation in the act committed, even if the specific activity involved was not carried out by any member of the group.

INGREDIENTS OF SECTION 34

Criminal acts of several people: The aforementioned criminal acts must be carried out by several people. If the criminal act is a completely new and independent act outside of their minds, other people will not be held responsible just because they deliberately participated in another criminal act when the criminal act occurred. Different associates may have different behaviors in criminal activity, but all must participate and participate in criminal activity in some way.

Common intention: The core of joint responsibility under section 34 lies in the existence of a common intention to commit criminal acts to support the common objective of all members of the group. The term “common intention” refers to the previous concert, that is, the opinions and participation of all the members of the group in the implementation of the plan. The behaviors performed by each participant may vary from one personality to another but must be performed with the same common intention.

DEFINITION OF COMMON OBJECTIVE

Chapter 8 of the IPC deals with crimes that endanger the public peace. Section 141 defines illegal assembly and specifies that the members of the assembly have the common goal of implementing an act of enlistment. Therefore, the existence of the common object is a key factor in determining the crimes provided for in Chapter VIII of the Indian penal code. Specifically, when considering the concept of a common objective, Section 149 of the IPC establishes that if any criminal act is committed to achieving the common objective of an illegal assembly, it must be respected. The reason for considering Section 149 is that if the offense is to act by a common goal, then this article punishes the common goal.

In the case of Roy Fernandes v. Goa State the Supreme Court held that to determine the existence of a common object, the court must verify the circumstances of the incident and the illegal gathering of the members, including the criminal weapon used by the accused of the crime. Furthermore, in the case of Ramachandran v. Kerala State, the Supreme Court clarified that in the sense of meeting with members of an illegal assembly, a common goal may have been temporarily formed and no prior agreement is necessary.

INTRODUCTION TO SECTION 149 IPC

Section 149 of the IPC, 1860 is defined as Every member of an illegal assembly commits a crime by pursuing a common object. This section can easily be understood as if any member of an illegal assembly commits an offense while pursuing the common purpose of the assembly, or if the member of the assembly knows that they may commit an offense while prosecuting to that end, any person who is a member of the same council at the time the crime was committed is the crime.
In Bhudeo Mandal v. Bihar, the Supreme Court ruled that, with the help of Section 149, before convicting any individual, the test must not only establish the common object but also prove that the common object is illegal. The penalty under Section 149 is the same as the crime committed in an illegal assembly. If the prosecution wants to prove that it is an individual under section 149 of the IPC, it must prove that the person is on the scene and participating in an illegal assembly. This chapter creates positive or indirect responsibility for the illegal acts committed by members of the illegal assembly in the persecution common clause

INGREDIENTS OF SECTION 149

A) Prosecution of common goals: “Prosecution of common goals” does not mean “persuasion of the common goal of the assembly.” The term “common objectives in the prosecution” indicates that the crime committed is common to the assembly in which the accused participated. The objective is directly related. The behavior must be a way to achieve the common purpose imputable to the members of the illegal assembly. “Suing for the common purpose” should be interpreted strictly as “to achieve the common purpose.”

(B) Members know that it is possible: -The second part refers to crimes that members of parliament know that they are likely to commit when prosecuting a common goal. An issue can only happen when it can happen or is likely to happen. When committing a crime, the word “knowing” refers to a state of mind, not the latter. Knowledge must be tested. The word “may” means strong evidence that such knowledge can be obtained by illegal assemblies. The prosecution must prove that the defendant not only knew that the crime was likely to occur, but that it was probably committed in pursuit of the common goal of the assembly.

(C) Five or more people—To apply this section, it must be demonstrated that the common object is shared by at least five people. Although some of them may be identified or their identities are doubtful, the existence of five or more people must be proven beyond doubt. In some cases, even fewer than five people can be convicted. However, if it is suspected that there are at least five persons under this article, it is impossible to convict.

CONCLUSION

Modifying the responsibility of correction Section 34 or Section 149 depends on the methods taken to provide crimes. “Common intentions” and “common objects” of the “general explanation” of the IPC are each of the “crimes” for public varicose veins, respectively. Sometimes it is difficult to prove to try if they are sharing a common intention. However, these ambiguities were eliminated by the Supreme Court in several cases after determining the facts and circumstances of each case.

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The present article has been written by Shrey Hasija, a first-year student of Vivekananda Institute of Professional Studies, GGSIPU.

Introduction

In a society like India where cultural expectations and attitudes toward society determine the type of relations and behavior with people. An incident of rape in that type of society, where a victim looked like some damaged goods instead of giving sympathy to him. Also, the family of victims tends to reject victims due to social pressure. Also reporting this type of crime is considered a daring act on part of both family and victim due to prosecution place the victim has to face embarrassing and uncomfortable line of questioning, which is why the cases of rape are most under-reported crimes in India. A murderer destroys the physical being of a person but rape destroys or deteriorates the mental being of a person and in some extreme cases makes the person insane. Increasing cases of rape and the extreme condition of rape calls for the speedy delivery of justice to the victims and their families, who are suffering from the wrongdoing of someone else who is roaming freely without being punished.

Also, there is a famous saying that ‘justice delayed is justice denied ‘by William Goldstone which means that if timely justice is not given to suffering one then it will lead to injustice. In the case of prolonged delay in the rape trial, there is a classic example which I think everyone in India knows about is Nirbhaya’s Case in which a young girl was gang-raped on a running bus in Delhi, So brutally that she lost her life. Despite that, the case took 7 painful years for justice to be served. The time has come to adopt speedy machinery for providing speedy justice to a rape victim and providing the victim new to live with dignity.

Why does it take so much time to provide justice to the victims?

The unnecessary and undue delay in the rape cases has become a barrier in giving justice to the victim. So delays only increase the pain and suffering of the victim and allows the accused to travel freely. Very large no cases are pending in our courts which make the people doubt the judicial system of India. It is very important to trace and resolve the barriers so that the remaining trust should be preserved.

There are some major reasons for prolonged investigation and trial:-

Insufficient staff – sometimes shortage of police personnel, takes a very long time to investigate. also, sometimes police officers found not to file an FIR, to avoid the overload of work
Lack of Training: The police officers are not properly trained for conducting the investigation process particularly in Rape cases. Further, they are not well equipped with necessary instruments such as forensic lab, cyber cell, and assisting officers which makes the investigation slow and ineffective.
Political Influence and Corruption: Sometimes it is observed that due to political influence or pressure by powerful persons, police officers resist investigating properly. Also, corruption among police officers is often the reason behind the delay in investigation and trial.
Lack of Supervision and Inspection: There is a lack of supervision in the functioning of the police mechanism by the senior officers on their subordinates. Proper inspections are not done on the registration or filing of FIR and the investigation process.
Lack of Separate Investigation wing/body: It is observed that various duties are assigned to the police officers which makes it impracticable for them to pay proper and exclusive attention to the investigation of Rape cases. A separate investigation branch must be established which will be solely involved in the investigation of rape cases.
Lack of Cooperation by the public: Often it is complained by the police officers that there is a lack of cooperation by the public. Many times the eyewitnesses evade from giving evidence in the court and also from giving vital information to the police which in turn leads to delayed trial.
Overburdened Trial Courts: The Trial Courts are overburdened with many new and pending cases which makes it difficult to dispose of the cases quickly
Delay Service of warrants/Summons: Sometimes the accused or the witnesses are not summoned properly on proper time due to which their production and examination in the Court are delayed. It is found that effective service and execution of warrants by the police is not done properly which delays the whole trial process.
Delay in Submission of experts reports: Sadly, there is a significant lack of Cyber Cells and Forensic labs in many police departments of the state due to which essential tests cannot be conducted by the experts which also leads to nonsubmission of the report on time.
Adjournment of Cases: Excessive adjournment of cases in the trial court is one of the major causes of delay in disposing of the Rape cases. Sometimes the opposite party deliberately seeks adjournment which adds difficulties to the quick disposal of Rape cases.

CONCLUSION

Rape is the most pathetic crime committed against women. It does not only cause physical mutilation but also the mental distress that stays with her till the end of her life. The court cannot bring back what she has lost but necessary efforts could be made to secure convenient, fastest, and fair justice. Many provisions emphasize the concept of speedy trial and recognize it as a matter of right of the innocent victim. Moreover, speedy trial acts as an ointment and saves them from being re-victimized from the delayed and prolonged trials. Over the decade’s many suggestions and recommendations have been given by various committees regarding the speedy administration of justice. It is pertinent to understand that justice cannot be served to the victim by making legislations and recommendations; rather it can only be served by the strict implementation. For proper and effective implementation of laws, the roles of every block of society such as non-governmental organizations, media, police officers, medical officers, lawyers, and the judicial fraternity are of utmost importance. Strong efforts must be made to spread awareness and education among the Rape Victims about their rights so that they can avail themselves of them and get the justice that they truly deserve. In the end, the author would like to conclude by saying that delay in delivering justice is denying justice to the innocent victim because the longer they are made to fight for their rights and suffer the hardship, the longer will be the ill effects on their minds and emotions. Therefore it is necessary to provide easier and faster justice to the Rape Victims so that they can live a peaceful life and the monsters that are hiding under the cover of human beings can learn a lesson and never even think of raping a girl. By ensuring speedy justice to the Rape Victim the objective of “Rape Free India” can be achieved.

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Job Description

The NUS Centre for International Law (CIL) is accepting applications for the above position. Applications open 15 June 2021 and close on 31 July 2021.

CIL is seeking applications from candidates with both an advanced degree in international law (PhD or LLM) and a demonstrable interest in the law of the sea, marine environmental law or the international regulation of shipping. Candidates with a particular interest in Southeast Asia and its regional institutions are strongly encouraged to apply.

Members of CIL’s Ocean Law & Policy team currently conduct research on a broad range of ocean law and policy issues of interest to Singapore, the region and the international community. For example, several members of its team are currently examining global and regional efforts to combat pollution of the marine environment from plastics, including the problem of marine plastic debris.

In 2019 CIL received a new three-year grant from the Singapore Maritime Institute (SMI), which has enabled it to expand its ocean law and policy programme, especially in areas relating to the international regulation of shipping and the protection and preservation of the marine environment, including the impact of COVID-19 and maritime autonomous surface ships (MASS). The ideal candidate would be interested in conducting research under both the SMI grant and broader topical issues relating to the oceans, such as piracy and international maritime crimes, IUU fishing, or slavery aboard fishing vessels. CIL encourages its research staff to develop independent and joint research trajectories within its areas of expertise.

CIL provides opportunities for its research staff to engage in joint research as well as individual research. CIL also provides opportunities for its junior research staff to attend regional and international conferences, workshops and symposiums, including the Rhodes Academy of Oceans Law and Policy.

In addition to conducting research, members of the research team are expected to assist in planning and organising international and regional conferences, workshops and training courses for government officials. Research members are involved in drafting background papers and reports for such events.

Qualification:

An advanced degree in international law (PhD or LLM) and a demonstrable interest in the law of the sea, marine environmental law or the international regulation of shipping. Candidates with a particular interest in Southeast Asia and its regional institutions are strongly encouraged to apply.

About the Centre for International Law

The Centre for International Law (CIL) was established in 2009 as a university‐level research institute at National University of Singapore (NUS). It is located on the Bukit Timah Campus of NUS, together with the Faculty of Law. Ocean Law & Policy is one of CIL’s core programme areas. As a university-level research institute, CIL is expected to engage in multi-disciplinary research as well as legal research.

The Ocean Law & Policy Programme at CIL is headed by Robert Beckman, who was the founding director of CIL. For further information on the members of the Ocean Law and Policy team and their projects, events and publications, please visit https://cil.nus.edu.sg/.

Application Procedure and Process

Interested applicants are invited to apply online with the following by 31 July 2021:

• a covering letter,

• a short statement of research interests, a detailed curriculum vita,

• 2 samples of written work,

• names/contact information of two referees,

For more information, please visit: https://cil.nus.edu.sg/research/ocean-law-policy/

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With more than 208 million paid subscribers around the world and growing, Netflix is dedicated to bringing the world’s content to our members everywhere. We’re just getting started, and it’s an exciting time to work at Netflix and change the future of entertainment. THE OPPORTUNITYWe are looking for a talented legal professional to join our Core Legal team in Mumbai, India as a Legal Coordinator. APAC is one of our fastest-growing regions, and in this role for India, you will be instrumental in helping our team deliver fast and practical solutions for a wide range of legal issues. The primary focus will be on supporting the Core Legal India team on contract management for business development and marketing deals, reviewing certain marketing creatives, understanding deal, talent and third party restrictions on creative assets, and drafting easy-to-read business tools. You will also be responsible for helping our team multiply our effectiveness through the development and deployment of better workflows, whilst collaborating & aligning with the Core Legal team’s cross-functional partners.

On any given day of the week, you will be managing contract execution, working closely with APAC legal partners to implement local tools and supporting in the management of our knowledge base and local document repositories, reviewing certain marketing creative, helping extract relevant provisions from content agreements and drafting memorandums, serving ultimately as business tools to the India marketing function. All of these elements require extensive communication and collaboration with both internal and external stakeholders around the world, making effective cross-cultural communication essential, together with a positive, pragmatic, and collaborative approach to solving problems. You must have a growth mindset that is curious, embraces change, and relishes new challenges. Most importantly, you should be excited and inspired by the Netflix culture.

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Prior experience in a few of the following areas: business development, marketing and advertising advisory, intellectual property and statutory compliances;
Prior experience in reviewing creative assets, either in-house or at a law firm;
Prior experience in creating internal processes and procedures for a legal team;
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A mid tier law firm with offices in Mumbai, Delhi & Jaipur; Mindspright Legal has garnered significant recognition for its Securities Law Practice, Corporate Advisory Services, Commercial Laws Practice, Regulatory Advisory and Transactional Services, competing with the top tier names in the industry. It has represented over 2000 clients before SEBI and SAT. Having steadily diversified, Mindspright now provides services in fields of Insolvency Laws, Mergers & Acquisition, Business Restructuring, General Litigation Practice, defending White Collar Crimes, Intellectual Property Laws and Project Finance Advisory. Being listed year after year in Bloomberg’s league list of top 10 Indian Equity IPO Legal Advisors since 2011, Mindspright has also been listed on the Asia Pacific IFLR1000 firm for its work in Financial Laws.

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The present case summary has been written by Vanshika Arora.

Petition Number

421 of 1989

Equivalent Citation

(1990) 3 SCC 318

Bench

Hon’ble Justice S. Ratnaval Pandian

Date of Judgment

May 5, 1990

Relevant Act

Constitution of India

Relevant Articles

Article 23(1), 35(a)(ii), 39(e) and (f), 32

Summary of the Petition

The petitioner, filed a Public Interest Litigation (PIL) before the Supreme Court, against forced prostitution of girls, devadasis, and joints and also requested their rehabilitation. In light of the squalid ‘flesh trade’ prevalent in India, the petitioner highlighted that younger girls, when reaching puberty are forced into prostitution either by their parents or by means of kidnapping. Parents who cannot take responsibility for their girls anymore, due to abject penury, force them into these professions. While brothel keepers who are motivated by profit run intricate racquets of kidnapping. In light of this briefly elaborated situation, the petitioner filed a PIL along with affidavits of 9 girls that have forcefully been part of this unethical practice and seek rehabilitation. The filed PIL seeks issuance of guidelines in the aspect of three matters:

Directing CBI (Central Bureau of Investigation) to conduct scrutiny in red light areas and police officers under whom these areas function
To bring all inmates of red light areas and those who are part of flesh trade, under State rehabilitation centers and provide them with medical, healthcare, and other basic facilities.
To bring children of prostitutes that are found begging, to protective homes, and rescue young girls from flesh trade racquets.

Ratio Decidendi

The court considered the matter one of great importance and noted that Article 23 of the constitution guarantees “Right against Exploitation” and prohibits human trafficking in any form. A contravention of this article is punishable. Moreover, Article 35(a)(ii) states that notwithstanding anything in the constitution, Parliament shall have (not the state legislature) the power to make laws for prescribing punishment against anything that is punishable under the constitution. The court also noted that subsections (e) and (f) of Article 39 of the constitution state that the state should direct its policy towards ensuring that children at a tender age are not abused, and youth are protected against exploitation and moral and material abandonment. The court also considered several other legislations that guarantee child protection. Such as the Immoral Traffic Prevention Act, 1956; The Juvenile Justice Act, 1986; Section 366-A, 366-B, 372,373 of The Indian Penal Code, 1860.

The Final decision of the court

The court decided that a CBI inquiry through the lengths and widths of the entire country is not needed. This malady can only be eradicated through stringent law enforcement. In light of which the court made the following directions:

All-State Governments and Governments of UTs should direct law enforcement agencies to take speedy action in eradicating child prostitution.
State Governments and UTs should set up separate Advisory committees in their respective zones.

Membership of the Committee:

Secretary of the Social Welfare Department or Board, Secretary of Law Department, Sociologists, Criminologists, Members of Women’s Organizations, Members of Indian Council of Child Welfare, Members of Indian Council of Social Welfare, Members of Voluntary Social Organisations and Associations.

All-State Governments and Governments of UTs should take adequate provisions of rehabilitation homes with medical facilities.
Union Government to set up a committee of its own in line with these guidelines with the aim of implementation of the national level of care, protection, and rehabilitation.
All-State Governments and Governments of UTs and Central Government to ensure proper implementation of these guidelines

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About the job

We are looking for an analytical and detail-oriented research intern to assist in improving the operations and decision-making of our business. Who can work with marketing, sales, and personnel departments and conduct research on organization’s operations to identify areas for improvement and efficiency enhancement.

About Us!

Tsaaro Academy is unique globally as we aim to provide leadership, best practices, training, research, and support for data privacy from an operational perspective. Our aim is to not just teach, but provide hands-on experience in collaboration with our consulting practice @Tsaaro.

Tsaaro is already home to industry leaders in data privacy, and we aim to unite data privacy professionals to solve the talent gap in the global market.

Responsibilities:

Analyzing past operations’ results and performing variance analyses.
Identifying and analyzing trends and forecasts and recommending improvements to the business processes.
Researching market trends, conducting surveys, analyzing data from competitors, and analyzing the business’s operations, expenditures, and customer retention to identify patterns of potential issues or improvements.
Using data analysis and interpretations to guide the decision-making of the business.
Using operations data to develop pricing models and identify areas for improvement.
Using statistical, economic, and data modelling techniques and tools.
Organizing and analyzing data, creating charts and graphs, and presenting your findings to the leadership team.
Providing recommendations to improve future business operations.
Organizing and storing data for future research projects.
Testing processes, policies, and protocols for efficiency and improvements.

Requirements:

A bachelor’s or associate’s degree in economics, finance, statistics, computer science, or related field.
Experience in applied research or data management may be advantageous.
Strong mathematical, analytical, and data modelling skills.
The ability to manipulate large, complex data sets into manageable, understandable reports.
Excellent problem-solving, communication, and team-working skills.
Familiarity with data modelling software and Excel software.
Attention to detail and organizational skills.

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At AKJ Attorneys & Solicitors LLP, we maintain the legacy of personal attention to each and every client. Dedicated and value driven, we started this firm 30 years ago, compelled by a sole motto of ‘transparency’. That has been our goal ever since!

To achieve that, we ensure that our clients know in depth about their ‘legal cause’ as much as we do. This can only be achieved by having one-to- one discussions with our client so we can provide full service options with custom-tailored strategies designed to achieve the best suited outcome for the client. We don’t believe in long legal battles and that is why we have a history of solving almost about 70% of the cases through mediation only, saving our clients from years of agony and court visits.

About the job

1) Legal Research
2) Court Visits
3) Drafting
4) Preparing Case Notes

Official Notification:

https://www.linkedin.com/jobs/view/2590439471/

For regular updates, join us:

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Visit us for more such opportunities: http://lexpeeps.in/

Interested in research and building strategies? Interested in day to day Indian politics? Want to see your work create an impact?

Come work with us at Polstrat! Join a group of young people who have come together to shift the narrative of political discourse in the country from a problem-centric to a solutions-oriented approach. We are looking for trainees to join our team in conducting secondary research and in-depth interviews (IDIs) for an exciting campaign opportunity. Join us to gain hands-on experience in political campaign management!

Required Qualification and Experience:

Interacting with people in the grassroots
Conducting In-depth interviews over the phone
Basic knowledge of Google docs and Ms Excel
Assessing political dynamics
Ability to conduct secondary research

Preferred: Candidates with grassroots working experience or experience in conducting one on one interviews/in-depth research in North India, specifically in Uttar Pradesh.

Personal Profile

Excellent communication skills in Hindi and English language
Attention to detail
Spirit of inquiry and initiative, critical thinking and technical skills
Good interpersonal and teamwork skills
Adherence to deadlines and schedules

Location – Remote

Duration- 3-6 months (with the possibility of extension)

Required- Active and working telephone connection, laptop/desktop and internet

Stipend- Rs. 5,000 monthly

Official Notification:

https://www.linkedin.com/jobs/view/2592270320/

For regular updates, join us:

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https://chat.whatsapp.com/CdshAqpiV1FEogy5pBlY43

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