Maternity Benefit Act

The Maternity Benefit (Amendment) Act, 2017 is applicable to all the establishment where there are 10 or more workers are working and the pregnant women is entitled to avail this benefit if she worked at least 80 days during the 12 calendar months. The benefits available under this legislation are:

1. Under the Maternity Benefit Amendment Act, women employee is entitled to take 26 weeks of paid leave and this benefit could be availed by women for a period extending up to a maximum of 8 weeks before the expected delivery date and the remaining time can be availed post childbirth. 

2. For women who are expecting after having 2 children, the duration of paid maternity leave shall be 12 weeks (i.e., 6 weeks pre and 6 weeks post expected date of delivery).

3. Adoptive mother and commissioning mother can avail 12 weeks of leave from the date of adoption but the child must have the age of less than 3 months.

4. Creches facilities must be arranged by the employer where there are 50 or more workers are working and women must be allowed to visit at least 4 times in a day including rest intervals.

One of the criticism of this Act is that, the employer should bear all the expenditure which may affect the hiring of new women employees and this may also resulted in firing of women employees.  

Reservation Policy India

In India there is no creamy layer concept with regard to SC/ST reservation. Irrespective of income status or other government post held by their parents, children will get SC/ST reservation. Schedule caste are given 15% reservation in government jobs and higher educational institution and Scheduled Tribe are given 7.5% quota. The Other Backward Class are given 27% quota in government jobs and higher education. It can be observed that almost 60% of seats are reserved for various sections of caste in India. For the meritorious candidates only 40% of seats are available for which even reserved category can also compete. In my opinion, it is the time where we should accept the change. I strongly urge the appropriate government to form a committee to review the reservation policy in India. Union government can think of amending the Indian Constitution which allows reservation for socially and educationally background classes. However, reservation may be provided to those who are economically back irrespective of their caste or religion.  

https://www.clearias.com/reservation-in-india/

New Traffic Rules, 2019 in India

New traffic rules, 2019 imposes heavy fines for offences like over speeding, drunk driving and riding without helmet. This kind of strict punishment is very much required in a country like India where over 50 % of the vehicle do not have an insurance and people riding or driving without any licence or other required documents. However, it was unfortunate to see the motor vehicle amendment Act fell into controversy in some of the states. As per my opinion we are not disciplined on roads by blood. We are not educated enough in the road discipline and majority of Indians do not have civic sense while driving or riding their vehicle which is need of an hour. It is the right time to strict punishment for violation of traffic rules and to bring discipline on roads. 

https://economictimes.indiatimes.com/wealth/personal-finance-news/these-new-motor-vehicle-act-laws-hike-driving-penalties-from-sept-1/articleshow/70905887.cms?from=mdr

Wrong doers must be punished......

Legal standpoint about Euthanasia in India

Although there is a dearth of legislations relating to Euthanasia in India, the Supreme Court of India pronounced a landmark judgment in March 2011, which effectively permitted administering euthanasia in the country (The Hindu, 2011). The Court also directed the Indian Government to reconsider the law relating to suicide, the Section 309 of the Indian Penal Code, in order to redefine the notion of suicide and attempt to suicide. Otherwise, there is a possibility of considering euthanasia as either suicide or attempt or abetment to suicide. Accordingly, the intentions of both patient and Doctor would be misread and their acts would be construed as punishable offences.

Euthanasia: India`s Major Religious Points of Views

The term euthanasia has taken world-wide discussion which assumes various dimensions of acceptance and rejection. The modern advance medical technology raises moral issues of sustaining life and withdrawing life support or taking life which brought attention of religious thinkers or philosophers. The purpose of this article is to describe India`s major religious standing on end of life decisions. That is to consider Hindu`s, Christians and Islamic religious views on euthanasia and how these religions addresses the issue. The review on religious views on euthanasia is based on literature research. The study observes that Muslims are against to assisted dying on the ground that life is sacred and once can live longer period where god wishes.  Further, Christians believe that no one can permit the killing of innocent person if it does it is the violation of divine law. According to Hinduism there are two views on euthanasia. That is one who put an end to the life is fulfilling moral obligations and other view is that who perform euthanasia will invite rest of patients Karma. It can be observed from the above religious belief that in all these religions it is god who created this life and only he can take a life of human being. 

THE CHANGING ROLE AND PERSPECTIVE OF TRADE UNION IN INDIA

Trade union is one of the major component of industrial relation system in India. It is an association of employees to protect their interests and rights. Protection of basic human rights, especially in developing nations forces unionization which is the instrumental in improving quality life of working class (Ghosh & Geetika, 2007). In the absence of union the employer may become too paternalistic and dictorial (Thomas, 2005). However, responsible union play significant role in maintaining cordial relationship with the management. Rapid technological change and pay revisions, undoubtedly changes the working conditions but they lost control over their employment (Ratnam, 2006). The structural change of working class and competition intensity, changed the role of trade union and at the same time the employer also become more skilled and sensitive in managing working class.

The circumstance in which Liability of doctors Arise In Case Of Medical Negligence.

Medical Negligence is simply failure to exercise due care. The three ingredients of negligence are as follows:

1. The defendant owes a duty of care to the plaintiff
2. The defendant has breached this duty of care.
3. The plaintiff has suffered an injury due to his breach.

1. Medical professionals owes a duty of care to the patients immediately when patient-doctor relationship established: It is the duty of doctor to take reasonable care of patient exactly the prudent person would do in similar circumstances. What courts expects is that medical professionals must possess reasonable and ordinary skill, not extra-ordinary skill.

2. Breach of duty/Deficiency in service: It implies gross failure to take reasonable care. It is unreasonable for the doctor to start particular treatment without getting his consent. In one of the case national consumer dispute redressal commission highlights the distinction between medical negligence and error of judgement. For the negligence of the patient, doctor is not liable.

3. As a result of medical negligence the patient must suffered damages: The patient can only sue the doctor, when negligence caused loss to him. Depending upon the degree of damages, negligence can be classified into: