Rights of the Prisoner: An Evolving Jurisprudence

Imprisonment is the most common method of punishment resorted to by almost all legal systems.The new theories of crime causation propounded in the latter half of the nineteenth century gave rise to the feeling that the prisons could be used as appropriate institutions for reforming the offenders. It called for individualisation of punishment.As a result of international movements for humanisation of prisons the judiciary' in tine common law countries started taking active interest in prisoner's treatment.Various studies reveal that much has been done in America to improve the lot of prisoners and to treat them as human beings.The courts there have gone to the extent of saying that there is no iron curtain between a prisoner and the constitution. Most of the rights available to citizens except those which they cannot enjoy due to the conditions of incarceration have also been granted to prisoner.In India also the judiciary has come forward to protect the rights of the prisoners.Maneka Gandhi is a turning point in prisoner's rights.The repeated intervention of courts in prison administration project the view that prisoners have been denied the basic human rights.The High Courts and the Supreme Court of India have been gradually exercising jurisdiction ixl assuming prison justice, including improving the quality of food and amenities, payment of wages and appropriate standards of medical care. Access to courts must be made easier to the aggrieved prisoners.The government should come forward along with some public spirited citizens and voluntary organisations to form a "discharged prisoner“ aid society. The society should exploit opportunities for rehabilitation of prisoners after their release.Most of the prison buildings in the State of Kerala are ill-equipped, ill furnished and without proper ventilation or sanitation and with insufficient water supply arrangements.In India prisoners and prisons today are governed by the old central legislations like Prisons Act l894 Prisoners Act 1900 and the Transfer of Prisoners Act 1950.

Social Security of Labour in the New Indian Economy

Globalisation has many facets and its impact on labour is one of the most significant aspects.Though its influence is worldwide,it is much more significant in a transforming economy like India.The right of workers to social security is seen recognised under the Constitution of India and other welfare legislations.But,after adoption of the new economic policy of liberalisation and privatisation by the Government of India,the labour is exposed to new set of challenges.They are posed mainly due to economic restructuring affected in employment relationship,coupled with the increase in unprotected informal labour force.This study is an attempt to analyse the new challenges stemming up in employment relation,efficacy of the existing measures for social security of labour in the present economic condition and the suggestions for securing workers'right to social security in the trade regime.

Child labour in India

This thesis entitled “Child labour in india”Children are "supremely important assets" of the nation, India proudly asserts in the National Policy for Children (1974) gracefully acknowledging that they are future citizens on whose shoulders the destiny of our nation rests.Childhood is a time of discovery as the world and all it contains are new to children. It is a time of excitement and anticipation. lt is a time of dreams and fantasies. And it is a time of receiving love and appreciation. Paradoxically, a picture of contrast is a common experience in India as a vast majority of children who are starved of basic needs of nutrition, health and education are made to work at an early age in exploitative conditions. The specter of child labour is a glaring anomaly in a country graciously adorning human right. In an exposition of the problem involving human rights abuse, Chapters from Two to Five of this study have shot into focus the human rights jurisprudence with special reference to the rights of children. Children have a particular identity as children and they also have a universal identity as human beings.The concern for mankind expressed unequivocally and transcending the globe will be real and moving and not mere rhetoric and ritual if and only when it begins with children, as, to quote the words of Nehru, the human being counts much more as a child than as a grown up.The first three of these rights namely right to health, right to nutritive food and right to education are dealt with in Chapter Four. Finally, the positive effects of education have been sketched in that chapter to impress upon its significance in the development of human capitals.legitimization. The theme of legitimacy was rationalised on the ground of poverty as a strategy for achieving eradication of child labour ultimately by enforcing minimum wages, shorter working hours, leave compensation, non-formal education etc., as the employer would soon discover that child labour is not cheap and would be obliged to substitute adult labour. However, humanising the work life is only a promise to the detriment of children as the Act of 1986 enacted as a part of the new strategy is nearingcompletion of a decade of existence but nowhere near the fulfilment of the mission.As similar urge is more necessary and overdue, it has been suggested that a special body be established with all powers for cognisance of human rights abuse of children.It is proposed to conclude this study with a brief summary of the inferences drawn from the foregoing chapters along with a few suggestions emerging out of those inferences

Paper industry in Kerala: An evaluation of labour absorption,capacity utilisation, and environmental pollution

Paper industry is one of the oldest and largest industries in Kerala. Despite the developments in the industry in terms of growth in output , value added and employment generation, many of the units face grave problems. Irrespective of the size of the plant, the problems of the industry are general in nature. The problems are galore in the supply, not the demand side. Amomg the problems, the important ones are: raw material scarcity, energy deficiency and obsolete technology. Further, the industry is subject to many controls by the Government — price control, product control and raw materials control — which result in the dwindling of profits and investments. Equally important are the reservations against the industry for polluting the environment byeffluent disposal on the one hand and affecting ecological balance by depleting the existing forest on the other. Apart from the large, medium and small pulp and paper mills, there are about 30 hand made paper units in Kerala which can be categorised as village and cottage industry. Almost all of these units began at the initiative and support of Khadi and Village Industries Commission. The primary purpose of these units is employment generation, and not profit making. Currently many of these units are in the red and many others are on the verge of closure. Therefore, a separate analysis of the growth performance, and problems and prospects of the hand made paper industry has also been attempted. It is analysed separately because of the very small size of the hand made paper units

Industrial Laws In Transnational Corporations And Their Impact On The Economic Conditions Of Labour: Acase Study Of Pharmaceutical Industry In India

This study proposes to verify the hypothesis relating to labour legislation in the industrial sector.Here there are as many as fifty enacments of the central government alone.These legislations indicating the growth of this branch of law over a period of more than half a centuary cover a wide spectrum of interests of workers both individuals and collective in different areas of employment.However this study relates mainly to a)trade unions act,b)industrial employment c)industrial disputes.