DAILY CURRENT AFFAIRS ANALYSIS
12 JULY 2022
. No. | Topic Name | Prelims/Mains |
1.   | Labout Codes in India | Prelims & Mains |
2.   | UN Population Report | Prelims & Mains |
3.   | Mediation Bill | Prelims & Mains |
4.   | National Emblem of India | Prelims Specific Topic |
1 – Labout Codes in India:Â
GS II
Topic – Government Policies and Interventions
- Context:
- Due to the pandemic, the implementation of the labour codes has been delayed. New discussions on a new implementation schedule are currently taking place at the highest levels of government, but there are differing opinions on whether to implement all four codes at once or stagger them, which would be more practical.
- Regarding the labour codes:
- 44 labour laws are combined into 4 categories of codes in the new set of regulations: the Wage Code, Social Security Code, Occupational Safety, Health & Working Conditions Code, and the Industrial Relations Code.
- All four Codes have already been approved by the Parliament and have the President’s approval.
- What are the 4 codes:
- The 2019 Code on Wages, which is applicable to all workers in both the organised and unorganised sectors, aims to regulate wage and bonus payments in all employments and to provide equitable pay to workers performing labour of a similar kind in every industry, trade, business, or manufacture.
- The 2020 Code on Occupational Safety, Health, and Working Conditions aims to govern workplace health and safety conditions for employees in all mines and ports as well as in companies with 10 or more employees.
- Nine statutes pertaining to social security and maternity benefits are combined in the Code on Social Security, 2020.
- The Industrial Disputes Act of 1947, the Trade Unions Act of 1926, and the Industrial Employment (Standing Orders) Act of 1946 are the three labour statutes that the Code on Industrial Relations, 2020 proposes to consolidate.
- In large part by easing the burden of labour compliance on enterprises, the Code seeks to enhance the business environment in the nation.
- These codes have following problems:
- Regular workers are not given any freedom to fix work hours beyond eight hours per day under the work hours restrictions.
- Additionally, the codes failed to include uniform rules for contractors.
- Additionally, there are clauses that affect employee salaries.
- The labour standards also levy fines against enterprises for failing to comply with the rules, repeat offences, and officer-in-default. The majority of small firms are unable to adapt and apply the modifications to the labour code under the present pandemic circumstances.
Source – The Indian Express
2 – UN Population Report:
GS I
Topic – Population related issues
- Context:
- According to a United Nations report released on Monday, India is expected to overtake China as the world’s most populated nation next year. The report also predicted that the world’s population would hit eight billion people by mid-November 2022.
- Primary Findings:
- According to the World Population Prospects 2022 report from the Population Division of the UN Department of Economic and Social Affairs, the world’s population is expected to exceed eight billion on November 15, 2022.
- In 2020, the world’s population decreased by less than 1%, rising at its sluggishest rate since 1950.
- According to the United Nations’ most recent estimates, the world’s population may reach 8.5 billion people in 2030 and 9.7 billion by 2050.
- The population is predicted to peak at 10.4 billion people in the 2080s and stay there until 2100.
- Key findings pertaining to India:
- In 2023, India is expected to overtake China as the world’s most populated nation, according to the report.
- Eastern and South-Eastern Asia had 2.3 billion people, or 29% of the world’s population, and Central and Southern Asia had 2.1 billion, or 26% of the world’s population, making them the two most populous regions in 2022.
- With more over 1.4 billion people apiece, China and India had the greatest populations in these areas in 2022.
- Just eight nations—the Democratic Republic of the Congo, Egypt, Ethiopia, India, Nigeria, Pakistan, the Philippines, and Tanzania—will account for more than half of the predicted growth in the world’s population by 2050.
- In 2022, India would have 1.412 billion people, compared to China’s 1.426 billion, the report states.
- India is expected to have 1.668 billion people by the middle of the century, much above China’s 1.317 billion, which will make it the most populated country in the world by 2023.
- According to the analysis, between 2010 and 2021, eight nations saw a net outflow of more than 1 million migrants.
Source –Â The Hindu
3 – Mediation Bill:
GS II
Topic – Government Policies and Interventions
- Context
- The Mediation Bill, intended to institutionalise mediation and establish the Mediation Council of India, has been subject to significant amendments, according to the recommendations of the Parliamentary Standing Committee on Law and Justice, which is chaired by renowned BJP leader Sushil Kumar Modi. The panel advised against mandating pre-litigation mediation and cautioned the Centre against the clause giving higher courts the authority to set mediation guidelines.
- About mediation:
- In the mediation process, a neutral third party is chosen to facilitate organised negotiation between opposing parties and assist them in reaching a settlement that is acceptable to both parties.
- It is referred to as an Alternative Dispute Resolution (ADR) process, or alternative to courtroom litigation.
- India has ratified the Singapore Convention on Mediation, giving parties the assurance that their mediation agreements will be easily implemented internationally.
- What features does the draft Mediation Bill have:
- In addition to enforcing domestic and international mediation settlement agreements, the draught bill establishes a body for mediator registration, promotes community mediation, and makes internet mediation a respectable and affordable procedure.
- Pre-litigation mediation is proposed by the draught bill, but it also protects the litigants’ right to seek immediate relief through competent adjudicatory forums or courts.
- The Mediation Settlement Agreement (MSA), which represents the successful outcome of mediation, has been made legally binding. The Mediation Settlement Agreement has been subject to limited grounds for dispute because it is not a result of the parties’ consent.
- The mediation procedure safeguards the privacy of the conducted mediation and offers protection from disclosure in certain circumstances.
- In order to maintain genuine records of the settlement reached through mediation, it has also been stipulated that mediation settlement agreements must be registered with state, district, and taluk legal authorities within 90 days.
- It stipulates the creation of the Indian Council for Mediation.
- Additionally, it offers community mediation.
- What purpose does the bill serve?
- In contrast to the court-annexed mediation programmes, which treat mediation as a part-time honorarium basis, the Bill recognises that it should be recognised as a profession.
- The Bill recognises the significance of training programmes for mediators and service providers offering structured mediation in accordance with their guidelines.
- If an urgent interim order is required, it may be possible to forego mediation at the outset and return to it after the temporary relief issue has been resolved.
- The Bill eliminates the ambiguity around the terms “mediation” and “conciliation” by choosing the former in line with accepted worldwide practise and broadly defining it to encompass the latter.
- It acknowledges the prominence of online dispute resolution during COVID-19.
- According to the Singapore Convention on Mediation, it allows for the implementation of commercial settlements agreed through international mediation involving parties from various nations.
- What issues are raised by the draft bill?
- Status of domestic mediation: The Bill foolishly regards foreign mediation that takes place in India as a domestic mediation and grants the settlement reached through the latter the status of a court’s judgement or order.
- Because the Singapore Convention does not apply to settlements that already have the status of a judgement or decree, it will be terrible if one party is from abroad.
- When cross-border mediation is conducted in India, the enormous advantages of global enforceability are lost.
- In the Council- It includes three members, including a senior judge who has retired, a lawyer with ADR experience, and a professor who has taught ADR, but not a single mediator.
- It is obvious that none of them will be active practitioners given that they are all full-time members.
- The judiciary has jurisdiction over this area of conflict settlement, however the Chief Justice of India is not involved in the selection process.
- Issues that shouldn’t be mediated include fraud in the extensive list of disputes that shouldn’t be mediated.
- According to the law, protection orders can be issued by the court in situations involving minors or those who are not of sound mind.
- There is no mechanism for manufacturers, service providers, and customers to communicate and work out problems in the telecom industry.
- After comments are sent, a focused and involved debate is what is lacking.
Source –Â The Indian Express
4 – National Emblem of India:
Prelims Specific Topic
- Context:
- The 6.5-meter-tall National Emblem was revealed on top of the newly constructed Parliament building on Monday by Prime Minister Narendra Modi.
- About the national emblem:
- The state flag has four lions standing side by side.
- The Sarnath Lion Capital of Ashoka, located close to Varanasi in Uttar Pradesh, is where it was adapted.
- The Wheel of the Law is the crown of the capital, which was carved from a single piece of polished sandstone (Dharma Chakra).
- Asoka built the Lion Capital in the third century BC to commemorate the location of Buddha’s first preaching.
- Only three lions are visible in the State emblem, which was chosen by the Government of India on January 26, 1950; the fourth lion is hidden from view.
- The four lions, which stand for strength, bravery, and confidence, are perched atop a circular abacus.
- The lion of the north, the elephant of the east, the bull of the west, and the horse of the south are the four lesser animals that defend the four directions.
- The lotus on which the abacus is perched represents the source of all life and creative inspiration.
- Below the abacus, Devanagari script is used to inscribe the words Satyameva Jayate, which are taken from the Mundaka Upanishad and signify “truth alone triumphs.”
- The state of India (Prohibition of Improper Use) Act, 2005, governs the use of the Indian state emblem as the official seal of the Indian government.
Source –Â The Hindu