Current Affairs 8th Class

  Economic Activities and Social Justice     Economic activities refer to the activities related to the production, distribution and management of material things. Mines, factories, markets, etc., are all covered under this broad term. Special laws are needed to regulate such activities and stop the exploitation of those in a weaker position. Laws are needed to protect not only specific groups (workers or consumers) but also the general public. LAWS ON ECONOMIC ACTIVITIES LAWS RELATED TO WORKERS   In a poor country like ours, workers are always at a disadvantage. There is a great deal of unemployment, so they are often ready to work for low wages and in subhuman conditions. Quite often they are not even aware of the laws made to protect them. Even if they are aware, they are afraid of protesting because they know that if they refuse a job, there will be many others who will be willing more to work in their place. Let us look at some of the laws made to protect workers.   Minimum Wages Act The Minimum Wages Act, passed in 1948, fixes the minimum daily wage that must be paid to a worker. However, it applies to onlv certain kinds of activities, for example, industrial and construction. It does not apply to domestic work. The minimum wage is revised from time to time to keep pace with the rising prices. In April 2011, it was revised to Rs.115 per day.   Laws on Safety and Welfare There are several laws dealing with the safety and welfare of workers, especially those occupied in dangerous jobs. The Factories Act of 1948, fixes a 48-hour week for workers and sets standards for lighting, ventilation and safety that the employer must abide by. Similarly, the Dock Workers (Safety, Health and Welfare) Act (1986) and the Mines Act (1952) deal with the working conditions of workers in ports and docks, and mines, respectively.   Know a Little More     In 2011, India (and 469 other countries) signed a United Nations Convention (agreement) to give domestic workers certain basic rights. This will help India's 4.75 million domestic workers (mostly women). In the near future, they will be assured of minimum wages,   fixed working hours and a weekly rest day, etc.   Fighting for Rights The Trade Unions Act recognises the Fundamental Right of workers to form unions to fight for better working conditions. It also sets out rules according to which such unions should be formed. The Industrial Disputes Act provides for the setting up of labour courts and industrial tribunals by the Central and state governments. Labour courts deal with issues concerning individuals, such as dismissal from job. Industrial tribunals are courts that deal with collective disputes, such as those relating to wages and working hours.   LAWS RELATED TO WOMEN AND CHILDREN   Prohibition of Child Labour The Child Labour (Prohibition and Regulation) Act, 1986 makes it illegal to employ children under more...

  Public Facilities     'Public' refers to the people in general. So public facilities are services, institutions, etc. that are used by the people in general. For example-trains, buses, roads, power supply and water supply. In this chapter, we will discuss why it is necessary for the government to ensure that everyone has access to certain facilities and how this is done in our country.   PUBLIC FACILITIES AND THE ROLE OF THE GOVERNMENT   When you need new clothes you go to a shop to buy them. When you want to watch a film or eat out, you go to a cinema hall or a restaurant. Shops, cinema halls, restaurants, some schools and hospitals, and so on, are privately owned. People run them because they can make a profit out of selling goods (food, clothes, etc.) or services (healthcare, education, etc.). But there are certain things that everyone needs, such as wells and drains, which no one wants to make or maintain because no profit can be made from them. This is one of the reasons why the government has to get involved in providing such facilities.   Another reason relates to the question of equity (equality) or social justice. Article 21 of the Constitution entitles everyone to the Right to Life. The Right to Life does not only mean the right not to have one's life taken away except according to the process of law. It also means the right to have the basic necessities of life. According to the Constitution and various decisions of the high courts and the Supreme Court, the Right to Life includes the right to a clean environment (that is, clean air and water), the right to food, the right to a livelihood, and so on. This is where the government comes in. It tries to provide the basic necessities of life, either free of cost or at a price that most people can afford. However, providing for such a vast population is a problem. So quite often, there are shortages and it is the poor who are the worst affected.   WATER SUPPLY   In urban areas, the responsibility of supplying water lies with the municipal authority. In most cases, however, the water supply department (of the municipality) is unable to meet the requirements of the people.   RIGHT TO WATER                                  ?      In a case related to the Narmada Bachao Andolan, the Supreme Court said: "Water is a part of the Right to Life...the right to a healthy environment is also a part of the Right to Life." ?      In April 2005, Santulan, an NGO, filed a PIL in the Bombay High Court on behalf of stone quarry workers at Wagholi in the district of Pune in Maharashtra. The high court upheld the workers' right to safe drinking water and directed the state government to complete a water supply scheme for the workers within four months.   Those who more...

  Marginalisation and Social Justice     The sides or fringes of something are its margins. So, moving away or being made to move away from the centre of an activity or a group is called being marginalised. A newcomer in a school or neighbourhood may feel marginalised, a child with a learning disability may feel marginalised in class, and a foreign student in an Indian university may feel marginalised. As you may have guessed from these examples, some elements of being marginalised are being dismcluded, being ridiculed and bullied, and feeling powerless.   MEANING OF MARGINALISATION   Marginalised communities or groups are not included in the process of decision-making and are deprived of the benefits of development. These groups are often minorities, or small groups that are different from the majority in religion, race or language. However, all minority communities need not be marginalised. In India, for example, Christians, Sikhs and Jains are minorities, but they are not marginalised. On the other hand, the dominant (powerful) community need not always be in majority. Until 1994, Whites formed the dominant community in South Africa, though Coloured people were in majority. Remember that the term 'minority' is used in the context of numbers, while the term 'marginalised' is used in the context of social, political and economic status, or position.   Marginalised communities face social disinclusion, mistrust, ridicule and hostility. This often drives them to live together in small areas or pockets of a town/city. Such urban areas, inhabited mostly by members of the same (usually minority) community, are called ghettos. For example, Harlem, in New York, is an area inhabited mostly by African-Americans. The process which leads to the formation of ghettos is called ghettoisation.   The low social status of marginalised communities usually translates into low economic status. They are less educated, have less access to facilities such as schools, hospitals, housing, piped water and electric supply. Being less educated, they are less aware of their rights, and having a low economic and social status, they are less able to fight for their rights. Their participation in the planning and decision-making processes of society is less significant. This makes it difficult for them to break the vicious circle of marginalisation and become a part of the mainstream. A vicious circle is a sequence of cause and effect that are interconnected, and by the term 'mainstream' we mean the influential or generally accepted group/groups in society.     MARGINALISED GROUPS IN INDIA   The Constitution forbids discrimination on the basis of race, religion/ language, sex, and so on. However, in reality certain communities are still looked upon as the 'others' by a large part (if not by a majority) of the population. Even law-makers, government officials, the police and judges sometimes have these biases, so these communities find it difficult to seek justice. Women, the elderly (old people) and the disabled also face discrimination in India.   THE ADIVASIS   The more...

  The Police and the Courts     A crime or an offence is an act of breaking the law. Laws are made by a society or a State. So a person who commits a crime wrongs the society as a whole. This is why, it is the State (or government) that punishes a law- breaker and the people are told "not to take the law into their own hands".   FUNCTIONS OF THE POLICE   The functions of the police are to (i) maintain law and order, (ii) prevent crimes, and (iii) detect and investigate crimes. In its role of maintaining law and order and preventing crimes, the police guards high- security areas (for example, government offices), patrols (goes around) localities and is ready at hand during public meetings, rallies, and so on. Traffic police is a special branch of the police that is responsible for controlling traffic, and ensuring that people obey the traffic rules. Some other special branches of the police are the Criminal Investigation Department (CID) and the Armed Police.   Know a Little More The police tries to help and protect people by making them aware of the risks of renting out their houses or cars to strangers, employing domestic help without police verification, etc. It also helps to find missing people and to rehabilitate people deserted by their families.   INVESTIGATING A CRIME   Serious offences for which a person can be tried in a court and be punished with imprisonment are called cognisable offences. Murder, robbery and kidnapping are some cognisable offences.     First Information Report The investigation of a cognisable offence begins with the registration of a first information report (FIR) by the police. An FIR is a written report of a crime. It can be filed by the victim or a person who has witnessed (seen) or detected a crime. It can be given in writing or dictated to a police official who is supposed to write it down. It should contain the following information.   ?      The time, date and place of the offence and the facts related to the offence, if known ?      The name and address of the person who reports the offence ?      The names and/or descriptions of the persons involved or suspected to be involved in the crime ?      The names of witnesses (people who saw the crime being committed), if any   After an FIR has been recorded, the person who reports the crime signs it and keeps a copy of it. This is his/her legal right.   Jurisdiction An FIR should normally be filed in the police station under the jurisdiction of which the place of the crime lies. However, even if it is filed in another police station, the police station is bound to register it and then forward it to the concerned police station. The more...

  The Judiciary   When we speak of the judiciary, we mean the judges or the courts taken collectively. Besides punishing wrong-doers and protecting the innocent from being wrongfully punished, the judiciary performs many other functions which we will discuss in this chapter.   In brief, the judiciary performs the following functions:   ?      It settles disputes between people, between the government and the people, between state governments, and between the states and the Centre. ?      It upholds the rights of the citizens. ?      It interprets the Constitution and has the power to declare a law null and void (strike down a law) if the law violates the principles of the Constitution.   However, while performing these functions, the judiciary can take no step outside what is laid down by the law. For example, in deciding upon the guilt or innocence of an accused person, it must follow the process laid down by the law. Also, it cannot interfere in the powers of the other two organs of the government?the executive and the legislature. For example, it cannot make a law even if it feels that there is a need for such a law. The sources of law in our country are?(i) the Constitution, (ii) laws made by the Union and state legislatures, (iii) case law (points of law established by judgments in previous cases), and (iv) customary law (local customs that are not against the law of the country).   The Judiciary and Law The judiciary has the power to strike down only those laws that violate the Constitution. It can neither strike down other laws, nor change them. In June 2011, an NGO called Mental Health Foundation filed a PIL (see end of chapter) in the Delhi High Court, asking the court to strike down the law that makes attempting to commit suicide a crime. Despite the fact that there have been a lot of protests about the unfairness of punishing a mentally unwell person, the court said, "It is not for the court to decide on this issue."   Q. what is the status of this law now? Whose job is it to change laws to suit the changing needs and perspectives of the people?   FEATURES OF THE JUDICIAL SYSTEM   The two most significant features of our judicial system are:   ?      Unified or integrated judiciary ?      Independence of the judiciary   UNIFIED JUDICIARY   We have a unified or integrated judiciary. This means the courts are connected from the lowest to the highest levels. If a person (or body) is not satisfied with the decision of a lower court, he (it) can appeal to a higher court. A higher court has the power to strike down or modify the decision of a lower court. The decision of a higher court is binding on a lower court. Also, decisions made by a more...

  Understanding Laws     When we say that the Constitution is the foundation of all laws, we do not mean that nothing in it can be changed or that no new law can be made. What we mean is that any new law that is made must abide by the spirit of the Constitution. We will discuss the role played by the judiciary in ensuring this in the next chapter. In this chapter, we will discuss how laws are made and what role the people play in this process.   THE CONSTITUTION, PARLIAMENT AND LAWS   The Constitution is the foundation of all laws in our country. When we adopted our Constitution, we retained many of the laws that were in use under the British. But it would be incorrect to say that we adopted the entire legal system that was in use. We adopted what suited us and rejected what did not. Even the idea of equality before the law evolved through the freedom struggle. We were definitely not equal under the British and many of their laws were heavily biased against us.   Know a Little More The Sedition Act of 1870 was one of the most unfair laws used by the British. Under this law anyone could be imprisoned without a proper trial. The law was used to arrest great leaders such as Mahatma Gandhi, Bal Gangadhar Tilak and Annie Besant. This law is still used in India. Anyone who "brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government..." may be arrested on the charge of sedition.   Q. There has been considerable debate on the use of the sedition law in recent years. Find out what people have to say about it.   HOW LAWS ARE MADE   Parliament is the supreme law-making body in our country. The state legislatures can also make some laws, but these laws are applicable only in the state concerned. Besides, the state legislatures can make laws only on some limited matters that are mentioned in the State List (law and order, healthcare, transport, etc.) and the Concurrent List (education, electricity, drugs and poisons, etc.). Only the Union legislature can make laws on the subjects mentioned in the Union List (defence, foreign relations, railways, etc.). It can also make laws on matters covered in the Concurrent List, and under special conditions, it can make laws on matters in the State List. Under its residuary powers, it can make laws on any matter that is not covered in any of the lists.   Process of law-making A bill, as we have learnt in the preceding chapter, is a proposal for a new law (or to change an old one). Bills are of three types-ordinary bills, money bills and constitutional amendment bills. Money bills relate to money matters, such as tax laws. All other bills that are not related to changing the Constitution are ordinary bills.   Some amendments more...

  The Union Legislature and Executive     With an average family income of about Rs.50,000 per year, India is among the poorer nations of the world. Most Indians (about 70%) live in villages and only 75% Indians are literate. Yet India is one of the most vibrant democracies in the world, where people have shown time and again that it is they who control the government of the country through their elected representatives in the legislature.   To understand how the people govern the country through the legislature, we will discuss how the legislature is formed and how it works. We will also discuss the relations between the legislature and the executive to understand how these organs of the Indian State share power and how the system of checks and balances works. We will take up the powers of the judiciary (the third organ) in Chapter 5.   THE LEGISLATURE   The Union legislature, or Parliament, comprises the President and the two houses?the Rajya Sabha (Council of States), which is the upper house, and the Lok Sabha (House of the People), which is the lower house. A legislature that has two houses is called a bicameral legislature. The members of either house are referred to as Members of Parliament (MPs).   LOK SABHA   According to our Constitution, the Lok Sabha can have 552 members. At present, however, it has 545 members. Of these, 543 are elected by the people, while 2 are nominated by the President from among the Anglo-Indian community.     Constituency Each state and Union Territory (UT) elects a particular number of representatives to the Lok Sabha. The number is decided on the basis of the population of the state (or UT). Each state is divided into parts called constituencies and the people of each constituency elect one member.   Eligibility for candidates Any citizen of India can stand for a Lok Sabha election, provided he/she is not   ?      less than 25 years of age, or ?      a salaried government employee, or ?      Of unsound mind.   A candidate standing for an election does not have to belong to a political party. Candidates who are not supported by any political party are called independent candidates. Every candidate must have a symbol, so that people may vote by recognising the symbol. Candidates belonging to parties use their respective party symbols, while independents use their own symbols. You have studied these in Class 7 too.   Q. From panchayat to general elections, ballot papers and electronic voting machines show symbols against the names of the candidates. In what way is this helpful for the voters?   Election process General elections, or elections to the Lok Sabha, are held every five years. In other words, members are elected for a term of five years. Elections can be held earlier if the Lok Sabha is dissolved (dismissed) more...

  Understanding Secularism     In India, any citizen can contest elections, or Join the armed forces or the police, or own land, or win a scholarship, etc. irrespective of his/her religion. In simple terms, this is what secularism aims to do. Let us learn more about what secularism means and how it ensures that no religious community dominates another. We are proud to belong to a secular State.   SECULARISM   Secularism means keeping religion or religious beliefs apart from the governance of the State. (We have discussed the meaning of State in the preceding chapter.) In a secular country, the State does not interfere in religious matters and religion has no role to play in the governance of the country. All secular countries share the following elements.   NON-ALIGNMENT OF THE STATE TO ANY RELIGION   The State neither favours any particular religion, nor discriminates against any religion. In practical terms, this means that no one can be stopped from studying in a public institution, holding a public office, buying a house, running a business, or participating in or utilising anything that is run by the State on grounds of religion. Nor does anyone have an advantage in these matters because of his/her religion. The State does not impose any penalty on people for holding a particular religious belief. Nor does it grant favours to people for belonging to any particular religious community.   The State does not participate in any religious activities. For example, government offices and educational institutions do not celebrate religious festivals. They do not display any religious symbols either. The government does not promote any religion, for example, by setting up places of worship or publishing religious texts.   Know a Little More There are many countries in which the State is aligned to a particular religion. The degree of alignment, however, varies. A theocracy is a State governed by the clergy (priests). Iran comes closest to this. Its constitution requires the head of the State to be an Islamic cleric and no law can be passed unless it is in keeping with the Islamic laws. In other Islamic States, such as Afghanistan, Pakistan and Saudi Arabia, Islamic law (Sharia) is taken as the foundation for all laws, but the State is not governed by the clergy. In Costa Rica and Liechtenstein, there is a State religion (Roman Catholic), while in Italy and Argentina, the State gives special recognition to a religion (Roman Catholic).   Whatever be the degree of alignment, linking the State with religion often leads to a lack of equality and freedom. In Israel, for example, Jews have the advantage of 'instant citizenship'. In Afghanistan, one may be punished for changing one's religion.   Q. Do you think democracy can exist without secularism?   Lastly, religion is an entirely personal affair. The State does not interfere and tell people how to or how not to practise their religion. People are free to belong to any religious faith they more...

  Our Constitution     We follow rules in almost everything we do. There are certain rules in a family as to when people wake up, Have their meals and sleep. There are rules in a school. There are rules that people follow in gyms, while playing games and while driving. Rules are made (and followed) so that people can live and work together in a smooth and systematic way. Without rules, life would disintegrate into chaos.   A 'nation' or 'State' is governed by rules laid down by its constitution. Before we discuss what a constitution is and why it is necessary, let us understand what we mean by the term State. In the context of a country, the word 'state' can mean one of the many parts it is divided into, such as the states of India or the USA. 'State' (written with a capital 'S'), on the other hand, refers to a nation as a political entity (unit). Though 'State' and 'government' are often used interchangeably, there is a difference between the two terms. The government of a country max- change periodically, but the State continues to exist. For example, there have been several changes in government since the State of India was formed in 1947.     In 2011, Libya plunged into a civil war, with the people protesting against the dictatorship of Muammar Gaddafi. The UN and some European countries got involved in the armed struggle to establish a democratic government.   WHAT IS A CONSTITUTION?   The rules and principles (ideals) on the basis of which a country is governed is called its constitution. Almost every country has a constitution for the following reasons.   ?      A constitution defines the type of government or political system a country has. Different countries have different systems. There are monarchies, in which the king is the centre of power. There are democracies, in which the people are the source of power. There are dictatorships, in which a leader (for example, the head of the military) is the most powerful.   In 2006, widespread protests forced king Gyanendra of Nepal to step down and concede to the people?s demand for a democratic government   Q. Surf the Net to find out how far the people of Nepal have succeeded in bringing back peace and setting up a democratic government.   ?      A constitution describes the principles along which a country is to be governed. The laws that are made in a country must abide by these principles or follow the spirit of its constitution. This serves as an important protection against the danger of a group of people rising to power and making laws to change the basic structure of the State. ?      A constitution lays down the powers of the different organs of the government and provides measures so that more...