GROUP DISCUSSION REPORT

LAW AND WEAKER SECTION OF THE SOCIETY

SUBMITTED TO: Dr.VIRENDRA SINGH

SUBMITTED BY: NAMAN KU. UPADHYAY

17BAL092
This article throws light upon the eleven major weaknesses of Trade Unions in India.
The Weaknesses are: 1. Limited Membership 2. Domination of Political Parties 3.
Small Size of Trade Unions 4. Lack of Unity 5. Attitude of Employers 6. Outside
Leadership 7. Faulty Method of Labour Recruitment 8. Lack of Interest on the Part of
the Workers 9. Inadequacy of Finances and other details.

Weakness # 1. Limited Membership:

Many workers do not enroll themselves as members of any trade union. Membership
is mostly confined to urban areas and there also it does not cover all the workers of
the organization. Even in the organized sector, membership is not satisfactory to the
desirable extent. Trade unionism, it is rightly said, has only touched a fringe of the
working class in India.

Weakness # 2. Domination of Political Parties:

Political parties today dominate the trade unions in India. To achieve their narrow
and selfish political motives, the real character of trade unions cannot be adhered to.
Political rivalry strikes the true spirit of trade unionism and, unfortunately, the workers
suffer.

Weakness # 3. Small Size of Trade Unions::

The size of trade unions in India is not satisfactory, it is rather small and thus it does
not possess, in many organizations, the strength necessary to bargain with the
employers. With limited membership and small size, they do not have the required
man-power and financial strength to continue their struggle against the oppression of
the employer.

Weakness # 4. Lack of Unity:

The trade unions not only have limited membership and small size but also there is
multiplicity of unions working in a particular industrial undertaking. This leads to
division among workers; unity — which is the core of trade unionism — suffers
seriously.

Weakness # 5. Attitude of Employers:

Taking advantage of the political rivalries, small size and lack of unity of the trade
unions existing is an organization; the employers take apathetic and unbecoming
attitude towards workers. They regard establishment of trade unions as “an act of
treachery, disloyalty and ingratitude.” Taking advantage of the ignorance, poverty,
illiteracy and ^weakness of the workers, the employers try to disrupt the unity among
them.

Weakness # 6. Outside Leadership:

Leadership of trade unions rests not with the workers but with the outside leaders for
whom it is very difficult to feel the pangs of sufferings of the workers. Most of these
leaders are professional persons like lawyers and social and political leaders who do
not really feel for the workers, nor do they actually understand their problems.

SC/ST Prevention of Atrocities Act –

Recent Issues and Court Rulings
Filed under: Current Affairs Notes, Indian Polity Notes

Dalits (SC) and Tribals (ST) are the most marginalized sections of Indian society.
Many atrocities have been committed against them since time immemorial. The
SC/ST Prevention of Atrocities Act protects them against discrimination and
atrocities.

However, the SC/ST act can never be called a successful legislation. Dalits and
Tribals still face discrimination. On the other side, there is widespread concern over
misuse of the provisions of the Act against innocent persons. As per the Supreme
Court of India, the SC/ST act has become an instrument of “blackmail” and is being
used by some to exact “vengeance” and satisfy vested interests.

In this post, we will analyse both sides, recent issues, and the court rulings.

Crimes against SC/ST – Atrocities of various forms

Violence against SC/ST is very nuanced in nature, so it is difficult to separate
atrocities against SC/ST from law and order problems. So in many instances, the
case is registered under IPC or CrPC than PoA.

1. Cow vigilantism

 The term “Cow vigilantism” is used to describe the lawlessness happening

under the name of Cow protection.
 Dalits and Muslims are at the receiving end of this vigilantism.
 Since Dalits are concentrated in the occupation of leather making from hides
of the cow, they are invariably targeted by vigilantes.
 Cow vigilantism has increased since past two years.

2. Honour killing

 Ina society like India, where caste structures are still dominant in the form of
endogamy, honour killings are prevalent on a wide scale.
 Dalits are almost always at the receiving end of the violence.
  InLata Singh vs. the State of UP, Supreme Court has opined that inter-
caste marriages are in the national interest as they destroy the caste
system.
 Bhagwan Dass v. Delhi deemed honour killings in the “rarest of rare”
category of crimes that deserve the death penalty.

3. Social boycott

 Khap panchayat – caste panchayat often acts as an arena for perpetuating

atrocities against Dalits by ostracizing them from the society
 Ambedkar had recognized the atrocities meting out to Dalits in the form of
social boycott. He had often fought against the practice
o Mahad satyagraha for the opening of community tanks for Dalits
o He proposed an anti-boycott law
o He recognized that discrimination occurs in multiple axes
like boycott-stigmatization-segregation and try to fight it out on
all these axes
 Maharashtra enacted a law against a social boycott: Maharashtra Prohibition
of People from Social Boycott (Prevention, Prohibition and Redressal) Act,
2016.
 Need a comprehensive anti-discrimination law in lines of civil rights
entitlements in US-UK.
 Law Commission drafted the Prohibition of Unlawful Assembly
(Interference with the Freedom of Matrimonial Alliances) Bill, 2011 that
sought to declare khap panchayats unlawful.

4. Caste clashes

 Inrural India, OBC became dominant caste by ousting upper caste due to
o They were able to convert their numerical strength into political
force once universal adult franchise came.
o Post-Indian rural development model was favourable to
them: Land reforms, the green revolution etc.
 On the other hand, Post-Independent development model didn’t result in the
upward mobility of Dalits. Thus OBCs became the new oppressor of Dalits
in place of traditional upper castes.
 Post-1990 reforms, there was a resurgence among Dalits due to
o reservation policy led to the emergence of middle class among
Dalits who spearheaded Dalit movements.
o Identity politics, from leaders among Dalits themselves, began to
express itself.
o urbanization and other opportunities followed by 1990 reforms
lead to improvement in Dalits life
 This resurgence was met with violent clashes among upper castes/OBCs and
Dalits.
o Many scholars like Surinder.S.Jodhka have attributed the
increased atrocities to the tensions caused between upper castes
and Dalits due to the perceived upward mobility of Dalits.
 But Dalits were at the receiving end of almost all these atrocities like
o Khairlanji massacre in Maharashtra 2008
 o Bhima-Koregaon violence in Maharashtra 2017
o Una violence

5. Discrimination in universities

 The suicide of Rohit Vemula in Hyderabad 2016

Examples of atrocities in independent India

 Kizhavenmani, Tamil Nadu (1958) in which 44 SCs were burnt to death in a
confined building because SC agricultural labourers sought a little raise in
their very low wages. The high court acquitted all the accused.
 Karamchedu, Andhra Pradesh, 1984: Five SCs were massacred. The trial
court convicted many of the accused. The high court acquitted all. The
Supreme Court upheld the trial court judgment – a clear example that
acquittals do not mean false cases.
 Tsunduru, Andhra Pradesh, 1991: Eight SCs were massacred. The trial
court convicted the accused in 2007. The high court acquitted them in 2014.
The Supreme Court has admitted a special leave petition (SLP) of the
surviving victims and survivors of victims.
 Six cases of Bihar including the Bathani Tola (1996) and Laxmanpur Bathe
(1997). In most of these, the trial court convicted the accused. In all of
these, the high court acquitted the accused. Appeals are pending in the
Supreme Court.
 Kambalapalli, Karnataka. The prime witness in this case, who is the sole
survivor and head of the family whose other members were massacred,
turned “hostile” due to a threat of life, resulting in the acquittal of all the
accused.
Laws and Procedure: Sexual Harassment in the Workplace
Guidelines and norms laid down by the Hon’ble Supreme Court in

Vishaka and Others Vs. State of Rajasthan and Others (JT 1997 (7) SC 384)

HAVING REGARD to the definition of „human rights‟ in Section 2 (d) of the Protection of
Human Rights Act, 1993,

TAKING NOTE of the fact that the present civil and penal laws in India do not adequately
provide for specific protection of women from sexual harassment in work places and that
enactment of such legislation will take considerable time,

It is necessary and expedient for employers in work places as well as other responsible
persons or institutions to observe certain guidelines to ensure the prevention of sexual
harassment of women.

1. Duty of the employer or the other responsible person in work place and other
institution
1.
It shall be the duty of the employer or other responsible persons in work places or
other institutions to prevent or deter the commission of acts of sexual harassment and
to provide the procedures for the resolution, settlement or prosecution of acts, of
sexual harassment by taking all steps required.

2. Definition

2.Definations

For this purpose, sexual harassment includes such unwelcome sexually determined
behaviour (whether directly or by implication) as:

a) Physical contact and advances;

b) A demand or request for sexual favours;

c) Sexually coloured remarks;

d) Showing pornography;

e) Any other unwelcome physical, verbal or non-verbal conduct of sexual nature

 Where any of these acts is committed in circumstances where-under the victim of
such conduct has a reasonable apprehension that in relation to the victim‟s employment or
work whether she is drawing salary, or honorarium or voluntary, whether in government,
public or private enterprise such conduct can be humiliating and may constitute a health and
safety problem. It is discriminatory for instance when the woman has reasonable grounds to
believe that her objection would disadvantage her in connection with her employment or
work including recruiting or promotion or when it creates a hostile work environment.
Adverse consequences might be visited if the victim does not consent to the conduct in
question or raises any objection thereto.

3. teps

3.Preventive Steps

All employers or persons in charge of work place whether in public or private sector
should take appropriate steps to prevent sexual harassment. Without prejudice to the
generality of this obligation they should take the following steps:

Express prohibition of sexual harassment as defined above at the work place should be
notified, published and circulated in appropriate ways.

(a) The Rules/Regulations of Government and Public Sector bodies relating to

conduct and discipline should include rules/regulations prohibiting sexual
harassment and provide for appropriate penalties in such rules against the
offender.

(b) As regards private employers, steps should be taken to include the aforesaid
prohibitions in the standing orders under the Industrial Employment (Standing
Orders) Act, 1946.

(c) Appropriate work conditions should be provided in respect of work, leisure,

health and hygiene to further ensure that there is no hostile environment
towards women at work places and no employee woman should have
reasonable grounds to believe that she is disadvantaged in connection with her
employment.
4.Criminal Proceedings

Where such conduct amounts to a specific offence under the Indian Penal Code or

under any other law, the employer shall initiate appropriate action in accordance with law by
making a complaint with the appropriate authority.

In particular, it should ensure that victims, or witnesses are not victimized or

discriminated against while dealing with complaints of sexual harassment. The victims of
sexual harassment should have the option to seek transfer of the perpetrator or their own
transfer.

5. Disciplinary Action
5.Disciplinary Action
Where such conduct amounts to misconduct in employment as defined by the relevant
service rules, appropriate disciplinary action should be initiated by the employer in
accordance with those rules.

5. Complaint Mechanism
6.Complainant Mechanism
Whether or not such conduct constitutes an offence under law or a breach of the
service rules, an appropriate complaint mechanism should be created in the
employer‟s organisation for redress of the complaint made by the victim. Such
complaint mechanism should ensure time bound treatment of complaints.

6. Complaints Committee
7.Complainant Committee
The complaint mechanism, referred to in (6) above, should be adequate to provide,
where necessary, a Complaints Committee, a special counsellor or other support service,
including the maintenance of confidentiality.

The Complaints Committee should be headed by a woman and not less than half of its
member should be women. Further, to prevent the possibility of any undue pressure or
influence from senior levels, such Complaints Committee should involve a third party, either
NGO or other body who is familiar with the issue of sexual harassment.

The Complaints Committee must make an annual report to the Government

department concerned of the complaints and action taken by them.
The employers and person in charge will also report on the compliance with the
aforesaid guidelines including on the reports of the Complaints Committee to the
Government department
8.Worker’s Initiative
Employees should be allowed to raise issues of sexual harassment at a workers‟ meeting and
in other appropriate forum and it should be affirmatively discussed in Employer-Employee
Meetings.

9. Awareness

9.Awareness
Awareness of the rights of female employees in this regard should be created in particular by
prominently notifying the guidelines (and appropriate legislation when enacted on the
subject) in a suitable manner.

10. Third Party Harassment

10.Third Party Harassment
Where sexual harassment occurs as a result of an act or omission by any third party or
outsider, the employer and person in charge will take all steps necessary and reasonable to
assist the affected person in terms of support and preventive action.

11. The Central/State Governments are requested to consider adopting suitable measures
including legislation to ensure that the guidelines laid down by this order are also observed
by the employers in Private Sector.

12. These guidelines will not prejudice any rights available under the Protection of
Human Rights Act, 1993.

***

Other legal provisions include filing a criminal case under sections of the Indian
Penal Code (IPC), the Indecent Representation of Women (Prohibition) Act and/or filing a
civil suit.

The sections of the Indian Penal Code that can be applicable to sexual harassment
(which makes it a criminal case):

1. Section 294
 1.Section 294
Whoever, to the annoyance of others, (a) does any obscene act in any public place, or

(b) sings, recites and utters any obscene songs, ballads or words, in or near any public space,
shall be punished with imprisonment of either description for a term that may extend to
three months, or with fine, or with both.‟ This provision is included in Chapter XVI entitled
„Of Offences Affecting Public Health, Safety, Convenience and Morals‟ and is cognisable,
bailable and triable by any magistrate.

2. Section 354

2.Section 354
Whoever assaults or uses criminal force on any woman, intending to outrage her modesty or
knowing it likely that he will thereby outrage her modesty, shall be punished with
imprisonment for a term which may extend to two years, or with fine, or with both.

3. Section 509

3.Section 509
(Word, gesture or act intended to insult the modesty of a woman) This is included in Chapter
22 entitled „Of Criminal Intimidation, Insult and Annoyance‟, and is cognisable, bailable and
triable by any magistrate. It holds: „Whoever, intending to insult the modesty of a woman,
utters any word, makes any sound or gesture, or exhibits any object, intending that such word
or sound shall be heard, or that such gesture is seen by such woman, or intrudes upon the
privacy of such woman, shall be punished with simple imprisonment for a term which may
extend to one year, or with fine, or with both.‟

Under the Indecent Representation of Women (Prohibition) Act (1987) if an

individual harasses another with books, photographs, paintings, films, pamphlets, packages,
etc. containing the “indecent representation of women”, they are liable for a minimum
sentence of 2 years. Section 7 (Offenses by Companies) further holds companies where there
has been “indecent representation of women” (such as the display of pornography) on the
premises, guilty of offenses under this act, with a minimum sentence of 2 years.

 Civil Cases

 A civil suit can be filed for damages under tort laws. That is, the basis for filing the
case would be mental anguish, physical harassment, loss of income and employment
caused by the sexual harassment.
Criminal Law Amendment 2013: Nirbhaya Guidelines
The Criminal Law (Amendment) Act, 2013 (Nirbhaya Act) is an Indian legislation passed by
the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides
for amendment of Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure,
1973 on laws related to sexual offences. The Bill received Presidential assent on 2 April 2013
and came into force from 3 April 2013. It was originally an Ordinance promulgated by
the President of India, Pranab Mukherjee, on 3 April 2013, in light of the protests in the 2012
Delhi gang rape case

The Criminal Law (Amendment) Ordinance, 2013

New offences
This new Act has expressly recognised certain acts as offences which were dealt under
related laws. These new offences like, acid attack, sexual harassment, voyeurism,
stalking have been incorporated into the Indian Penal Code:

Section Offence Punishment Notes

Imprisonment not less than

ten years but which may
extend to imprisonment for
Acid Attack life and with fine which shall
326A Gender neutral
be just and reasonable to
meet the medical expenses
and it shall be paid to the
victim

Imprisonment not less than

Attempt to five years but which may
326B Gender neutral
Acid attack extend to seven years, and
shall also be liable to fine

Only protects women.

Rigorous imprisonment up Provisions are:
to three years, or with fine,
Sexual or with both in case of i. physical contact and
354A harassment offence described in advances involving
clauses (i), (ii) or (iii) unwelcome and explicit
sexual overtures; or
Imprisonment up to one ii. a demand or request for
year, or with fine, or with sexual favours; or
 both in other cases iii. forcibly showing
pornographys; or
iv. making sexually coloured
remark; or
v. any other unwelcome
physical, verbal or non-
verbal conduct of sexual
nature.
Only protects women against
Act with Imprisonment not less than anyone who "Assaults or uses
intent to three years but which may criminal force to any woman or
354B
disrobe a extend to seven years and abets such act with the intention
woman with fine. of disrobing or compelling her to
be naked."
Only protects women. The
In case of first conviction, prohibited action is defines thus:
imprisonment not less than "Watching or capturing a woman
one year, but which may in “private act”, which includes
extend to three years, and an act of watching carried out in
shall also be liable to fine, a place which, in the
and be punished on a circumstances, would
354C Voyeurism second or subsequent reasonably be expected to
conviction, with provide privacy, and where the
imprisonment of either victim's genitals, buttocks or
description for a term which breasts are exposed or covered
shall not be less than three only in underwear; or the victim
years, but which may is using a lavatory; or the person
extend to seven years, and is doing a sexual act that is not
shall also be liable to fine. of a kind ordinarily done in
public."
Only protects women from being
stalked by men. The prohibited
action is defined thus: "To follow
a woman and contact, or
attempt to contact such woman
to foster personal interaction
Imprisonment not less than
repeatedly despite a clear
354D Stalking one year but which may
indication of disinterest by such
extend to three years, and
woman; or monitor the use by a
shall also be liable to fine
woman of the internet, email or
any other form of electronic
communication. There are
exceptions to this section which
include such act being in course
of preventing or detecting a
crime authorised by State or in
compliance of certain law or was
reasonable and justified."