Visakha Case |
Some
provisions in the 'Convention on the Elimination of All Forms of
Discrimination against Women', of significance in the present context are:
"1. States Parties shall take all appropriate
measures to eliminate discrimination against women in the field of employment
in order to ensure, on basis of equality of men and women, the same rights,
in particular:
(a) The right to work as an inalienable right of all
human beings;
(f) The right to protection of health and to safety
in working conditions, including the safeguarding of the function of
reproduction.
"States Parties undertake to adopt all
necessary measures at the national level aimed at achieving the full
realization of the rights recognised in the present Convention."
The general recommendations of CEDAW in this context
in respect of Article 11 are :
"Violence and
equality in employment:
22. Equality in employment can be seriously impaired
when women are subjected to gender specific violence, such as sexual
harassment in the work place.
23. Sexual harassment includes such unwelcome
sexually determined behavior as physical contacts and advance, sexually
coloured remarks, showing pornography and sexual demands, whether by words or
actions. Such conduct can be humiliating and may constitute a health and
safety problem; it is discriminatory when the woman has reasonable grounds to
believe that her objection would disadvantage her in connection with her
employment, including recruiting or promotion, or when it creates a hostile
working environment. Effective complaints procedures and remedies, including
compensation, should be provided.
24. States should include in their reports
information about sexual harassment, and on measures to protect women from sexual
harassment and other forms of violence of coercion in the work place."
The Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013
|
WTO Uruguay Agreement 1994
|
Novartis
Case involving TRIPS
Section 3(d) in The Patents Act, 1970
|
India - US Nuclear Deal
|
Joint Statement of July 18, 2005
India and the US announced that they would
co-operate in civil nuclear energy in the Joint Statement of July 18, 2005 by
PM and President Bush during the visit of PM to Washington.
Understanding
It was envisaged that the United States would
adjust its laws and policies and work with friends and allies to
adjust international regimes to enable full civil nuclear energy
cooperation and trade with India.
H.R.5682 -
Henry J. Hyde United States and India Nuclear Cooperation Promotion Act of
2006
Reciprocally, India committed itself to identifying
and separating civilian and military nuclear facilities in a phased manner, placing voluntarily its
civilian nuclear facilities under IAEA safeguards, signing an Additional
Protocol and continuing India’s voluntary and unilateral moratorium on
nuclear testing.
Additional Protocol was signed between the
Government of India and the IAEA on 15 May 2009.
An Additional Protocol (AP) to the Safeguards
Agreement between the Government of India and the IAEA for the Application
of Safeguards to Civilian Nuclear Facilities entered into force on 25
July 2014.
THE CIVIL LIABILITY FOR NUCLEAR DAMAGE ACT, 2010
(For more: https://bit.ly/2OUwOL5) |
SPECIFIC PROVISIONS IN THE INDIAN
CONSTITUTION
Seventh Schedule - Union List
14. Entering into treaties and
agreements with foreign countries and implementing of treaties, agreements and
conventions with foreign countries.
Article 253 in The Constitution Of
India 1949
253. Legislation for giving effect to
international agreements Notwithstanding anything in the foregoing provisions
of this Chapter, Parliament has power to make any law for the whole or any part
of the territory of India for implementing any treaty, agreement or convention
with any other country or countries or any decision made at any international
conference, association or other body.
ADDITIONAL RESOURCE
Article titled - TREATY-MAKING POWER UNDER OUR CONSTITUTION
ADDITIONAL RESOURCE
Article titled - TREATY-MAKING POWER UNDER OUR CONSTITUTION
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