Wednesday, February 12, 2020

IL and Indian Municipal Law



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

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