Civics Ch- 10 Law and social justice

Ch: 10

LAW AND SOCIAL JUSTICE

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Advantages of MNCs production

• v Advantages to foreign companies in setting up production in India are:

  v Wages  that  the  companies  pay  to  workers  are far higher in developed countries than what they have to pay workers in India.

  v Companies can get longer hours of work.  Additional expenses  such  as  housing  facilities  for  workers  are  also  fewer.

  v Thus, companies can save costs and earn higher profits. Cost cutting can also be done by other more dangerous means. Lower working conditions including lower  safety  measures  are  used as ways of cutting costs.

  Roles  of the government

  v The  government  has  to  ensure  that  all  the  laws  are  implemented.  Enforcement  is becoming even more important when the law seeks to protect the weak from the strong.

  v Through making,  enforcing  and  upholding  these  laws,  the  government can  control  the  activities  of  private  companies  to  ensure social justice.

  v As  the  lawmaker  and  enforcer,  it is  the  duty  of  the  government  to  ensure  that  the  Right  to  life guaranteed under Article 21 of the Constitution is not violated.

  v A  major  role  of  the  government,  therefore,  is  to  control  the  activities  of private  companies  by  making,  enforcing  and  upholding  laws  so  as  to prevent unfair practices and ensure social justice.

  v This means that the  governments  has to make  appropriate laws and also has to enforce the laws.

  v Laws  that  are  weak  and  poorly  unforced  can  cause  serious  harm  as  the Bhopal gas tragedy showed.

  Importance of laws in market

  v Markets are exploitative of people – whether as workers, consumers or producers.

  v To protect people from such exploitation, the  government makes certain laws.

  v *Private  companies  or  individuals  may exploit workers to  make  maximum  profit. They may  deny workers their rights and not pay them wages. it is illegal to deny workers  their wages. To ensure that workers are not underpaid, there is a law on minimum wage.

  v *A worker has to be paid not less than the minimum wage by the employer. Laws help  ensure  that  the  relations  between  these  three  parties  in  the market  –  the worker,  consumer  and  producer  are  governed  in  a  manner  that is not exploitative.

  v *There  are  also  laws  to  protect  the  interests  of  procedure  and  consumes  in the market Shops should sell  goods only at MRP price by the producer.

  v *Unadulterated  products  should  not  be  sold.  For  this  a  quality  mark fixed by the government should be put on every product.

  v Eg:-  Right  against  exploitation (Art .23) says  that  no  one  can  be  forced  to  work  for  low wages  or  under  bondage.  The  constitution  also  lays  down  “no  child  below  the  age of 14 shall be employed to work”( Article 24: Prohibition of employment of children in factories)

  v Thus laws  try to ensure that the unfair practices are kept at a minimum in the markets and people are protected against exploitation.

  Law  Enforcement

  v Merely making laws is not enough. The government has to ensure that these laws are implemented. This means that the law must be enforced. Enforcement becomes even more important when the law seeks to protect the weak from the strong.

  v Law enforcement  means  that  to  make  sure  a  law  or  rule  is  obeyed.  If there is a certain law, it is meant for being obeyed and followed.

  v As a lawmaker and enforcer, the government is supposed to ensure that safety laws are implemented.

  v  

  New Laws to Protect the Environment

  v Right to Life is a Fundamental Right under Article 21 of the Constitution and it includes

  v the right to the enjoyment of pollution-free water and air for full enjoyment of life. The government is responsible for setting up laws and procedures that can check pollution, clean rivers and introduce heavy fines for those who pollute.

  v Indian government introduced new laws on the environment to check pollution, clean rivers and introduced heavy fines for those who pollute.

  v The important legislations  to protect the environment are

  v Polluting industries must seek permission to discharge waste into water bodies (Water Act – 1974, Water Cess Act – 1977)

  v Central pollution control board was established.

  v To control and reduce air pollution Air Prevention and Control of pollution Act – 1981 was passed

  v It is legal binding for health care institutions to handle and dispose hospital waste(Bio Medical waste rules 1998)

   

  Environmental protection

  v *Polluting industries gradually move to cleaner technologies and processes .

  v *The government has to encourage and support factories to do this.

  v *there should be a proper structure to fine those who pollute.

  v *There should be proper enforcement and implementation of environmental laws. Public awareness is required to protect the environment.

  v This will ensure that the workers livelihoods are protected and both workers and communities living around the factories enjoy a safe environment.

  Laws to protect and benefits of  the workers

  v *Minimum wage act -law on minimum wages mandates minimum wage of  176 /day .

  v *the maternity benefit act 1961 provides pre natal and post natal benefits to  women employees (26weeks)

  v *Employees has the right to paid holidays and leaves such as casual leaves, sick leave .sexual harassment of women at workplace act 2013 protects women at the workplace

  v the factories act protects the rights of workers and non workmen

  v article 39 d of the constitution provides for equal pay for equal work .

  v As the lawmaker and enforcer, the government is supposed to ensure that safety laws are implemented. It is also the

  v duty of the government to ensure that the Right to Life guaranteed under Article 21 of the Constitution is not violated.

  Bhopal Gas Tragedy

  v The world’s worst industrial tragedy took place in Bhopal 24 years ago. Union Carbide (UC) an American company had a factory in the city in which it produced pesticides. At midnight on 2 December 1984 methyl-isocyanite (MIC) - a highly poisonous gas - started leaking from this UC plant.

  v Within three days, more than 8,000 people were dead. Hundreds of thousands were maimed( Lost the  parts of body )

  v Most of them were from poor, working-class families, of which nearly 50,000 people are today too sick to work. Among those who survived, many developed severe respiratory disorders, eye problems and other disorders.

  Reasons behind the Bhopal Gas Tragedy

  v First, the safety laws were lax (lenient) in India.

  v Second, even these weak safety laws were not enforced.

  v Government officials refused to recognise the plant as hazardous and allowed it to come up in a populated locality.

  v When some municipal officials in Bhopal objected that the installation of an MIC production unit in 1978 was a safety violation, the position of the government was that the state needs the continued investment of the Bhopal plant, which provides jobs.

  v Government inspectors continued to approve the procedures in the plant, even when repeated incidents of

  v leaks from the plant made it obvious to everybody that things were seriously wrong.

   

  Worker’s safety

  v One worker can easily replace another. Since there is so much unemployment, there are many
  workers who are willing to work in unsafe conditions in return for a wage.

  v Making use of the workers’ vulnerability, employers ignore safety in workplaces.

  v Thus, even so many years after the Bhopal gas tragedy, there are regular reports of accidents in construction sites, mines or factories due to the callous attitude of the employers.

  Laws to prevent child labour

  v The Constitution lays down “no child below the age of 14 shall be employed to work in any factory or mines or any other hazardous employment.”

  v According to the 2011 census, over 4miiliion children in India aged between 5 and 14 work in various occupations including hazardous ones. (12 million -2001)

  v In October 2006, (the government amended the Child Labour Prevention Act, banning children under 14 years of age from working as domestic servants or as workers in dhabas, restaurants, tea shops etc. (I986 ACT )

  v It made employing these children a punishable offence. Anyone found violating the ban must be penalised with a punishment ranging from a jail term of six months to two years and/or fine of Rs 20000 to Rs 50,000. The central government had asked state governments to develop plans to rescue and rehabilitate children who are working as domestic servants. To date, only three state governments, namely Maharashtra, Karnataka and Tamil Nadu have published these plans.

  v Even today 74 per cent of child domestic workers are under the age of 16.

                                                                

   

   

   

   

  Worksheet

  1.      Why did Union Carbide set up its plant in India?

  2.      What are the advantages to foreign companies in setting up production in India?

  3.      Write a brief note on Bhopal gas tragedy. Do you think the victims of Bhopal gas tragedy got justice? Discuss.

  4.      What do we mean by law enforcement? Who is responsible for enforcement? Why is enforcement so important?

  5.      Explain the various roles played by the government in market?

  6.      How can laws ensure that markets work in a manner that is fair? Explain with
  the help of an example?

  7.      How was environment treated earlier? What has been the change in perception? Discuss.

  8.      Why safety standards across countries are neglected by companies?

  9.      Enlist the laws to protect the interests of workers and consumes in
  the market.

  10.   Explain the New Laws to Protect the Environment and to prevent the child labour in In India

   

   

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