...Modern Family Law: Changing attitudes and Agendas in the Personal Laws and the Uniform Civil Code Introduction: In the current modern state the need for a legal centralism is required. The dominant legal model of the uniform legal system brings out the modern State and the attitude of the people. India is one of the many countries in which the uniform legal system has gained such momentum maybe not in implementation but has gained much interest in a heated political debate. Article 44 of the Constitution of India, 1950 has anticipated the eventual implementation of the uniform legal system. Article 44 in the constitution of 1950, reads, “Uniform Civil Code for the citizens of India- the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.” But the much anticipated eventuality has been a distant dream since the past 60 years. India is known for its socio-economic diversities and inequalities. India is one of the most diverse democracies of the world. India’s secularism which is enshrined in the preamble of the constitution is not an anti-religious policy but outlook to frame the country into one entity. India’s pluralism is linked with how the Hindu culture has never been mono-cultural or monotheistic. India’s democracy also aims at providing all citizens equal rights; this premise is based on treating equals equally. There are many shifting agendas in the personal laws in India. People’s outlook towards bigamy , triple...
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...capable of existing over land and the possibility exists of dividing ownership into different segments. Disputes as to territory in international law may be divided into different categories. Therefore, claims to territory may be based on a number of different grounds, ranging from the traditional method of occupation or prescription to the newer concepts such as self-determination, with various political and legal factors, for example, geographical contiguity, historical demands and economic elements, possibly being relevant. The continuing border-dispute between China and India is a puzzle for many. Arunachal Pradesh, in the Northeast area of India, is territory that is disputed by the two countries. The area around this state is extremely diverse, with many different ethnic groups and identities. It is an extremely strategic area for India. Despite six decades of attempts at resolution, the dispute persists in the face of official booming trade relations between the two rising giants. The paper tries to find out different grounds on which the respective states claim the territory and the relevance of such grounds in the International community. The author also discusses the scope of ICJ in this matter. Under Article 38 of the Statute of the International Court of Justice (Statute), when deciding cases “in accordance with international law,”...
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...one continent. + If they don’t go to India, their toughest competitors - If they had difficulty for years adapting to Europe, why will dominate the market and use their free cash flow would they have any better luck navigating India’s to attack Lincoln Electric in other geographies. challenging business environment? Firms can increase their profitability through global expansion in a number of ways—can Lincoln Electric do the following: * Implement cost-cutting initiatives (such as lower-cost labor pools) - ? (best practices to raise labor productivity in a local-for-local operation) * Bring differentiated products to an underserved geographic market - ? What is Lincoln’s reputation? * Spread “fixed costs” of R & D and branding over a more expansive customer base - ? Can they? * Actively attempt to improve industry structure through acquisitions - ? (fragmented—buyout larger player) If Lincoln Electric enters India, which entry mode choice is best? Licensing Strategic Alliance/JV Acquisition Wholly Owned Greenfield + Potentially quick + Leverage local + Grab immediate + Capital requirements spike in sales with partner’s knowledge market share by based on ESAB India’s minimal capital of market and buying a competent experience are requirements political contacts local firm in India reasonable - Hard to price -This is not an - They don’t want to +...
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...proposed law can be attacked on the basis of pragmatism as ineffective. It does not even discuss, let alone define, an enforcement mechanism or penalties for non-compliance. The proposal would be an enforcement nightmare, exacerbating an already bad situation where many laws are poorly enforced in India and further undermining respect for law. Curiously, the proposal even includes a loophole. If the 2 percent allocation is not made in a given fiscal year, the CSR committee has to submit an explanation to avoid being penalized. There is no discussion of what explanations would be legally valid, opening up much room for corruption and extortion. While India has experienced rapid economic growth, the benefits of this growth have not been distributed equitably. Inequality, which was already high, has increased even more. India's Gini coefficient, the official measure of income inequality, has gone up from 0.32 to 0.38 in the last two decades. For example, about 50 percent of children in India are malnourished due to pervasive poverty. Trickle-down economics are not working. The proposed law does not go far enough in reducing inequality and helping the disadvantaged. Without a coercive enforcement mechanism, it is unlikely that the law will result in widespread compliance. In other words, “mandatory” CSR will remain largely voluntary. Many activities that companies undertake are both profitable and good for society. Companies would undertake these activities regardless of the law, since...
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...of India’s socio-economic situation are often cited as the reason for some of our more retrograde laws. The one on child labour is a case in point. The Union Cabinet has increased penalties for offenders but at the same time allowed children below 14 to work in select family businesses after school hours. The caveat is that such businesses cannot be hazardous but should be things like entertainment and sports activities. This in reality means the child will have to go to school and also work in his or her family business afterwards. This means the child gets no time for play and will have to engage in labour-intensive work, even though this may not be termed hazardous. The pressure will fall more on the girl child who is in the first place expected to help in household and farming chores after school, if at all she is permitted to attend. Many industries are home-based, making it difficult for the law to ascertain how hazardous this may be to the child’s well-being. Family enterprises could mean anything from carpet-weaving, beedi-making or work in metals. All these are highly unsuitable and dangerous to a child’s health. The fact that entertainment and sports have been excluded could mean that children could be employed in making sports goods, which are labour-intensive. It is passing strange that despite all amendments to the Child Labour (Prohibition and Regulation) Act over the years, child labour has not gone away. We have the largest number of child labour laws in...
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...Uniform Civil Code for India: Prospects and Constraint The need for a Uniform Civil code in India has been discussed and argued several times and it still remains one of the most controversial issues remarked in our Constitution. The uniform civil code would mean the codification of laws pertaining to all citizens, be they Hindus, Muslims or Christians. But now in India personal laws are the main cause of communal conflict among people. It is also intimately connected to the issue of gender justice. The present paper describes personal laws in India, the issues of uniform civil code and gender justice from a human rights point of view. KEYWORDS: India, Personal Laws, Uniform Civil Code, Gender Justice Introduction India is a secular state, world’s largest democracy and second most populous country (1,205,073,612 in 2012) emerged as a major power in the 1990s'. It is militarily strong, has major cultural influence and a fast-growing and powerful economy. With its many languages, cultures and religions, India is highly diverse. This is also reflected in its federal political system, whereby power is shared between the central government and 28 states. Religions not only have been serving as the foundation of the culture of India, but have had enormous effect on Indian politics and society. In India, religion is a way of life. It is an integral part of the entire Indian tradition. A vast majority of Indians, (over 93%) associate themselves with a religion. According to the...
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...Large Multiple businesses in the U.S find a market for their product in the international market and feel the need to meet the need of the desire for the product. However along with meeting those needs the requirement to have physical presence in those international locations becomes necessary. When making the leap to an international location many things come to mind to be prepared and be aware of compliance issues that may be different from the U.S. be aware of employment laws, and be prepared for the type of cultural differences which may be found in a different country. Compliance Laws India as a country in its entirety uses its main source for employments laws, which is the Constitution of India. Also used amongst the Constitution of India, are labour states, federal, and state governments. India’s laws are governed by the constitution, but laws come down to individual states because each individual state in India may have added judicial guidelines to employment laws. Laws and Non Compliance State Specific Shops and Commercial Establishments Acts (the SEAs); Contract Labour (Regulation & Abolition) Act, 1970 (the CLRA Act); Maternity Benefit Act, 1961 (the MB Act); Payment of Wages Act, 1936 (the PW Act); Minimum Wages Act, 1948 (the MW Act); Payment of Bonus Act, 1965 (the PB Act); Employees’ Compensation Act, 1923 (the ECA); Employees’ State Insurance Act, 1948 (the ESI Act); Payment of Gratuity Act, 1972 (the PG Act); “The Constitution...
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...To make cake, its eggs need to be beaten. To make women, their wills need to be beaten. Societies throughout history make women second class citizens reliant on their sons, husbands, and fathers. They are, in some countries, treated worse than children or pets. Although the U.S. ranks as the leading nation in protecting women’s rights, women are still enslaved by obsolete traditional values characterized through economic inequality and sexualization. The 19th amendment was officially ratified by the states in 1920, granting women the right to vote. Eight years later, America’s mother, Great Britain, followed by passing a law that also guaranteed women’s suffrage. But a change in legislation is not enough. There needs to be a change in mindset...
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...exceptions, must post a summary of all injuries recorded; even if there were none. The OSH Act helps us to be more aware here in the United States. We also use many techniques here to reduce hazards on the work site. Something as simple as a manger meeting with all employees to discuss safer habits in their environment happens to be extremely affective as well. India has an extensive amount of labor laws. For example, child labor and discrimination have many laws so that nobody is treated unfairly under any circumstance. There is about a total of fifty national laws and quite a number more of state level laws. Labor laws in India are set out to be very strict compared to any other place in the world. They have a maximum amount of employees aloud in certain sections of employment so they are able to equally tend to all workers. This also helps keep all working conditions steady. An important policy that is focused on is underage working. Children under the age of fourteen years old, under no circumstances may work in a hazardous environment. Most of India’s health and safety laws come from when Britain ruled over India. Yet some were established once India became...
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...the Empire and prohibited its production. In another act of civil disobedience, Gandhi marched 240 miles to the sea in order to collect salt. He was arrested but his actions ultimately resulted in India’s independence. These two events, although separated by over 150 years and more than 7,000 miles, show the positive...
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...In many countries there are human rights abuses which keep people from doing things that they which to do child abuse is one of the most important form of human rights. Unlike the United States, where people has freedom of speech, freedom of religion ect also in the United States every child deserve the right to have an education, but in India its not so, poor children in India begin working at a very young and tender age when they are suppose to be in school getting a education, which every child deserves to get. Many children have to work to help their families and some families expect their children to continue the family business at a young age instead of going to school. One of this country is India, in this country children are forced into labor, and still not receiving the education that they deserve. According to research there are about 60 to 115 million working children the highest in the world. In addition they also states that the government refuse to look into the matter of child labor. According to research it was reported that in 1981 there were about 13.6 million child laborers in India. The reports had stated that child labor in India was divided into nine industrial divisions. These nine different industries are Cultivation Agricultural Labor Livestock, Forestry, Fishing, Plantation, Mining and Quarrying, Manufacturing, Processing, Servicing and Repairs, Construction, Trade and Commerce, Transport, Storage and Communication. Children under the age...
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...business organization should set two tasks: to prepare the base for the future activity success and to help an organization function better than others in the competitive environment. In this paper team B will discuss the principles and strategies for small, medium, and large organizations. Small Business In the small business scenario, this week has focused on some of the principles and strategies of starting up a Limousine services consisting of at least 25 employees. The owner of the company, Bradley Stonefield, has an idea of offering “First Class Transportation” with a company that will be called Landslide Limousine Service. Some of the details that need to be covered prior to opening the company must focus on the employment laws and compliance. When attempting to recruit the best talent for this business, the owner of the company is asking for guidance on details about some of the services that can be offered to employees such as benefit packages, health insurance, life insurance, and pay structure. The owner is also requesting for us to organize a plan to screen potential employees so that they are getting the highest qualified applicants for the company. Because this is a smaller- sized business, consisting of only 25 employees, the company will be able to band together with other organizations to build a purchasing coalition to negotiate lower purchasing agreements with insurance providers. To keep costs down for the company and offer more incentives...
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...poor people in India, and as she grew up the gap got bigger. As a grown woman she decided to “be the change you want to see in the world”, so she became a lawyer. She graduated from St. Stephens College, then went on to get her law degree from Delhi University and her masters in law from New York University. After graduating, she used her powers she got from being a lawyer to help women. Mostly she did this by taking on taking cases involving sexual and domestic violence against women and Au Cardenas 3 children. The main reason why she became so well-known is because she was one of the very few that took those cases and stood up for the victims. Sooner or later Grover was fed up with no one taking notice of the extreme numbers of women and children being abused, especially by their own government. The government was not willing to help the people who needed help the most. Vrinda Grover was given an opportunity to do some good and take advantage of the attention that was being given to one case. This opportunity came with the brutal rape of a women on a moving bus known as the Delhi rape, which the government couldn’t turn a blind eye to. Grover was among the few prosecutors that showed up. Her adamancy in this case to reform the laws is how she has become so respected in India. But that didn’t completely get the governments attention and Grover persistently proceeded to get their attention by staging rally’s and demonstrations and eventually working her way...
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...and community response and success, there were several differences between the two countries’ movements. Reasons Before the civil rights movements, America and Australia had laws that created political and social inequality. The Jim Crow Law in America enforced...
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...Jea Yoon Han HI331 Prof. Curley November 3rd, 2014 The Empire of Good Intention The video, The Empire of Good Intentions, presents a complete account of the idealistic British Empire’s presence in India. Simon Schama reveals the fundamental aspects of governing principles of the Empire in India. He shows the effect of the free market economies and the liberal politics on the presence and the influence of British Empire in India. Some transformational occurrences in India such as the mutiny and Irish Potato Famine are greatly highlighted. As a result, the attempts of Britain to civilize Indians and simultaneously transform them into British people through education and legal reforms are the main points demonstrated in the video. The video indicates the way, in which the noble principles of the British Empire were not appropriate for handling the situations in India. Although the empire was supposed to provide benefits associated with Western civilization, the inhabitants of Ireland and India endured poverty because of the laissez faire economic policy. The lack of religious sensitivity, famine and mutiny resulted in the conflict between Indians and Britons. Moreover, the great Irish potato famines led to mass migration from Ireland to New Zealand, Australia, Canada and America. According to Simon Schama, Britain witnessed the establishment of the liberalism ideology and fast development of political institutions in the mid-19th century. As Britain continually developed...
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