By Saummya Malhotra Through this blog, the author highlights the current gap in the industrial and labour laws to deal with the grant of back wages upon reinstatement of wrongfully retrenched workers. The blog focuses on the need for implementing various reforms and recommendations by providing analyses of the current legal framework, various judicial pronouncements … Continue reading Reinstatement and Back Wages: Analysing the Current Scope of Entitlement and the Way Forward for Restoring Justice
Category: Labour Law
Sex-workers: Recognition, Employability, and Rights
By Kunal Khilnani and Rishabh Deshpande In this blog, the authors argue for decriminalising solicitation to treat sex-work as legitimate employment under India's Code on Social Security (2020). It brings out the social and legal compulsions that sex-workers are subjected to because of the law and social stigma, draws comparisons with international models, and suggests … Continue reading Sex-workers: Recognition, Employability, and Rights
De-gendering Workplace Sexual Harassment
By Shreyas Sinha Introduction It has been 27 years since the Indian Supreme Court’s judgement in Vishaka v. State of Rajasthan [1] and 11 years since the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (‘POSH Act’). However, workplace sexual harassment mitigation (‘WSH’) remains marred by several failures, … Continue reading De-gendering Workplace Sexual Harassment
Wage Disparities in Indian Sports: A Code of Wages Analysis
by Tanvi Agarwal Introduction The growth and commercialisation of sports has been a complex journey in India. In the dynamic realm of sports, a multitude of individuals contribute to the industry's vibrancy. These include a wide array of stakeholders with varying interests: from a club owner, sporting bodies to the individual interests of these sportspersons. … Continue reading Wage Disparities in Indian Sports: A Code of Wages Analysis
Gender Consciousness in the Workplace: Taking Stock of India’s Menopausal Workers
By Bhavyakirti Singh I. It is trite to note that workplace policies, culture as well as any overarching legislations in India have been crafted predominantly by men, or at least arise out of their thought, though in a seemingly “gender-neutral” manner. This is indicated in the overdue introduction of women-centric labour policies such as the … Continue reading Gender Consciousness in the Workplace: Taking Stock of India’s Menopausal Workers
Should There Be a Fundamental Right to Work?
By Anurag Singh and Rashi Jeph For the purpose of this article, “right to work” is to be interpreted as bearing a positive obligation on the State to ensure employment for everyone. Introduction In a nation like India, unemployment is endemic, and so is the demand for the ‘fundamental right to work’ as a solution … Continue reading Should There Be a Fundamental Right to Work?
Maternity Benefits For Building and Other Construction Workers in India: A Regulatory Quagmire
By Tawishi Beria The Maternity Benefits Act, 1961 was the primary legislation governing maternity benefits in India. By way of the 2017 Amendment, major positive changes were made to the said Act. Most recently, the Code on Social Security, 2020 brings maternity benefit provisions within its ambit. Some of the notable changes include an increased … Continue reading Maternity Benefits For Building and Other Construction Workers in India: A Regulatory Quagmire
Homeless And Hungry : Rights Of Migrant Workers In Times Of COVID-19
By Akshat Bhushan Introduction The Novel Coronavirus has brought the whole world to a standstill. The virus had reportedly originated in China in November 2019. It spread far and wide across national borders so much so that by March 11, 2020 the disease was declared as a pandemic by the World Health Organization.[1] In … Continue reading Homeless And Hungry : Rights Of Migrant Workers In Times Of COVID-19
A case against the Mahatma Gandhi National Rural Employment Guarantee Scheme
Sarath Ninan Mathew* Mahatma Gandhi National Rural Employment Guarantee Scheme (“MGNREGA”): Setting the Context The unemployment rate in the period 2004-2005 was 2.37%. In the period 2009-2010, when MGNREGA was fully operational, this decreased to 2.06%. In absolute terms, around 1.45 million more people were employed in 2009-2010 in comparison to 2004-2005.[1] Even if we … Continue reading A case against the Mahatma Gandhi National Rural Employment Guarantee Scheme
A New Era or A False Dawn: A Comment on the Code on Wages Bill 2017
by Saurabh Bhattacharjee Labour reforms has been a part of the election manifesto of the Bharatiya Janata Party (BJP) for several General Elections now. Not surprisingly, the BJP-led National Democratic Alliance (NDA) Government tried to flag off the process of labour reforms soon after it assumed office in 2014. As part of this process, the … Continue reading A New Era or A False Dawn: A Comment on the Code on Wages Bill 2017
The Journal of Indian Law and Society 