Judiciary UP

2021-05-21 08:04:29 21 मई : अंतर्राष्ट्रीय चाय दिवस (International Tea Day)

हर साल, 21 मई को, संयुक्त राष्ट्र अंतर्राष्ट्रीय चाय दिवस (International Tea Day) मनाता है। अंतर्राष्ट्रीय चाय दिवस मनाने का संकल्प 2019 में संयुक्त राष्ट्र खाद्य और कृषि संगठन (Food and Agriculture Organization – FAO) द्वारा अपनाया गया था।

भारत

भारत चीन के बाद दूसरा सबसे बड़ा चाय उत्पादक देश है। साथ ही, भारत दुनिया में चाय का सबसे बड़ा उपभोक्ता है। भारत वैश्विक चाय उत्पादन का लगभग 30% खपत करता है।

आदर्श वाक्य

अंतर्राष्ट्रीय चाय दिवस आदर्श वाक्य पर मनाया जाता है, “Harnessing Benefits for all From Field to Cup”। यह इस दिवस की थीम नहीं है। यह वह आदर्श वाक्य है जिसके तहत हर साल यह दिवस मनाया जाता है।

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2021-05-21 06:29:38 #SSCode2020

Social Security Code (SS Code) 2020

Important Concerns:

Online Registration Process:

The onus lies on informal workers registering as beneficiaries, further they do not have digital literacy and connectivity.

Also, there is a lack of awareness among informal workers regarding social security schemes.

Lack of Inter-State Arrangement and Cooperation:

Unorganised workers are spread across the length and breadth of India. Implications of this code would be too varied across States to be administered.

Complicated Processes & Overlapping Jurisdiction:

Providing holistic social security cover for the unorganised workforce in a simple and effective manner is lost in the Centre-State procedural complications and jurisdictional or institutional overlap.

Maternity Benefit:

Women engaged in the unorganised sector remain outside the purview of maternity benefit.

Employees Provident Fund:

For informal sector workers, access to employees’ provident fund remains unfulfilled too in the new code.

Payment of Gratuity:

Although payment of gratuity was expanded in the new Code, it still remains inaccessible for a vast majority of informal workers.

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2021-05-21 06:22:23 Social Security Code (SS Code) 2020

The effectiveness of the Social Security Code (SS Code) 2020 in helping the informal workforce is questioned by many.

With SS Code 2020, two other codes were passed which are Code on Occupational Safety, Health & Working Conditions Code, 2020 and Industrial Relations Code, 2020.

The SS Code 2020 subsumes nine regulations relating to social security, retirement and employee benefits.

Important Points

Major Provisions of SS Code 2020:

Enhanced Coverage:

The Code has widened coverage by including the unorganised sector, fixed term employees and gig workers, platform workers, inter-state migrant workers etc.

National Database and Registration:

With the aim of making a national database for unorganised sector workers, registration of all these workers would be done on an online portal and this registration would be done on the basis of Self certification through a simple procedure.

All records and returns have to be maintained electronically.

Social Security Fund:

It will be created on the financial side in order to implement social security schemes.

Uniform Definitions:

There is uniformity in determining wages for the purpose of social security benefits.

It has provided a wide definition for wage.

Specific exclusions with ceilings have been provided for discouraging inappropriate structuring of salaries to minimise social security benefits.

Consultative Approach:

It has brought in a facilitating approach by the authorities. Unlike the existing role of inspectors, the Code provides for an enhanced role of inspector-cum-facilitator whereby employers can look for support and advice to enhance compliances.

Career Centre:

To enable that demand for human resources is met and to monitor employment information, career centres will be established.

Stringent Penalties:

Any failure to deposit employees’ contributions not only attracts a penalty of Rs. 1,00,000, but also imprisonment of one to three years. In case of repeat offence, the penalties and prosecution is severe, and no compounding is permitted for repeated offences.

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2021-05-21 06:10:46
" We are only as strong as we are united, as weak as we are divided. "

" हम उतने ही शक्तिशाली हैं जितना हम एकजुट है, उतने ही कमजोर हैं जितना हम विभाजित हैं। "

Good Morning Open / Comment

2021-05-20 08:25:17 #LegalMaxim

Ei incumbit probation, qui dicit, non qui negat – burden of proof lies upon him who asserts and not upon him who denies.

The general rule as to the onus of proof is, that the proof of any particular fact lies on the party who alleges it, not on him who denies it, “ei incumbit probatio qui dicit, non qui negat”. The reason for the rule is, first that it is but just that he who invokes the aid of the law should be the first to prove his case, and, secondly, that a negative is more difficult to establish than an affirmative. These principles have been clearly laid down in Sections 101 and 103 of the Evidence Act
– Patel Ramanbhai Mathurbhai Vs Govindbhai Chhotabhai Patel & Ors., MANU/GJ/0774/2018 .

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2021-05-20 08:20:38
“मैं आज जो हूं उसका कारण है वे निर्णय जो मैंने कल किए थे."

“I am who I am today because of the choices I made yesterday.”~Eleanor Roosevelt

Good morning
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2021-05-19 09:52:13 #Children_Protection

Provisions for Protection of Orphan Children:

There is a process as per the JJ Act which needs to be followed with children who have been orphaned.

If someone has information about a child in need of care, then they must contact one of the four agencies: Childline 1098, or the district Child Welfare Committee (CWC), District Child Protection Officer (DCPO) or the helpline of the State Commission for Protection of Child Rights .

Following this, the CWC will assess the child and place him or her in the immediate care of a Specialised Adoption Agency.

The State thus takes care of all such children who are in need of care and protection, till they turn 18 years.

Once a child is declared legally free for adoption by the CWC, adoption can be done either by Indian prospective adoptive parents or non-resident Indians or foreigners, in that order.

India has ratified Hague Convention on Intercountry Adoptions, 1993.

The Central Adoption Resource Authority (CARA), a statutory body of the Ministry of Women and Child Development, is the nodal agency for adoption.

It regulates the adoption of orphaned, abandoned and surrendered children through its associated or recognised agencies.

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2021-05-19 07:27:01 #LegalMaxim

Affirmatis est probare – he who affirms must prove and Affirmanti non neganti incumbit Probatio – the burden of proof lies upon him who asserts and not upon him who denies.

Madras High Court followed the above 2 maxims for arriving at its conclusion that it is the bounden duty of the plaintiff to prove his case. The burden of proof is ambulatory. It reiterated the law on the point that the initial burden of proof is only on the plaintiff, who should enter into the box and prove his title positively
– Pappannan & Ors. Vs Kolandasamy, MANU/TN/1886/2012

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2021-05-19 07:24:38
" The important thing is to not stop questioning. Curiosity has its own reason for existing."

" महत्वपूर्ण बात यह है कि हम प्रश्न करना ना छोडें. जिज्ञासा के मौजूद होने के अपने खुद के कारण हैं। "

Good Morning Open / Comment

2021-05-18 06:35:49 #Prison
Constitutional Provisions of Prison

State Subject: 'Prisons/persons detained therein' is a State subject under Entry 4 of List II of the Seventh Schedule to the Constitution of India.

Administration and management of prisons is the responsibility of respective State Governments.

However, the Ministry of Home Affairs provides regular guidance and advice to States and UTs on various issues concerning prisons and prison inmates.

Article 39A: Article 39A of the Constitution directs the State to ensure that the operation of the legal system promotes justice on a basis of equal opportunity and shall, in particular, provide free legal aid by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.

Right to free legal aid or free legal service is an essential fundamental right guaranteed by the Constitution.
It forms the basis of reasonable, fair and just liberty under Article 21 of the Constitution of India, which says, “No person shall be deprived of his life or personal liberty except according to procedure established by law”.

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