On October 31, India celebrated National Unity Day, marking the birth anniversary of Sardar Vallabhbhai Patel. 

Contributions to Post-Independence India

• Sardar Vallabhbhai Patel was the first Home Minister and also the Deputy Prime Minister of India.
• He is known for integrating 562 princely states within the Indian Union with tact, vision, and statesmanship.
• He was the key force in establishing a strong foundation for the Indian Administrative Service and the Indian Police Service.
• He took a personal interest in initiating a restoration endeavor of the Somnath Temple in Saurashtra, Gujarat.
• Patel dealt ruthlessly with Pakistan’s efforts to invade Kashmir in September 1947.
• He organized multiple refugee camps in Punjab and Delhi, and later in West Bengal.

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Contribution to Constitution 

• As the chairman of the Advisory Committee on Fundamental Rights, Minorities, and Tribal and Excluded Areas of the Constituent Assembly, Patel was instrumental in shaping significant parts of the Constitution related to fundamental and minority rights. 
• He also highlighted that rights and duties are inherently linked, representing two sides of the same coin.  

Conclusion

Sardar Vallabhbhai Patel’s leadership and vision were pivotal in shaping modern India. His contributions to national integration, the establishment of key administrative services, and the formulation of constitutional rights underscore his legacy. Celebrating National Unity Day honors Patel’s enduring influence in fostering unity and strengthening India’s democratic foundations.

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The LPG reforms in India attracted many Western companies, bringing in capital, advanced technology, and their work cultures. 

• This workplace culture adopted from Western corporate practices is having a negative impact in India.

Recent News Related to Toxic Work Culture

• A 26-year-old employee of Ernst & Young (EY) in Pune died, reportedly due to an “overwhelming workload,” raising concerns about the company’s work culture.
• A former employee shared experiences that contributed to their decision to leave the firm, highlighting the toxic environment.

Max Weber’s Protestant Ethics

• Max Weber linked the Reformation in northern Europe to changes in work attitudes, suggesting that Protestantism viewed worldly activities for economic gain as morally significant, contributing to early capitalism.

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MNCs in India

• Multinational companies (MNCs) established in India don’t possess significant power or authority to make decisions. The decisions are made by the main office. 
• For instance, if a US-based MNC opens an office in India, then the US office has the authority to make major decisions. 
• Such a company would impose an American work culture rather than adopting the local culture.
• This clearly shows that the term, multinational, can be misleading. 
• In reality, every multinational company is tied to a specific country, and national governments actively support the interests of their MNCs.

Is American Work Culture the Only Available Model?

• Many Western European countries offer more favorable working hours and vacation time, demonstrating that embracing only American work culture isn’t the sole path to progress for a country. 
• Other approaches can also contribute to a healthier and more productive workforce.

Government’s Dilemma

• The government’s dilemma in regulating work culture lies in the need to attract foreign investments, which often depend on MNCs setting up operations in India.
• India needs these investments for economic growth; however, enforcing robust labor laws could discourage MNCs from setting up operations.
• This can create a conflict between promoting a supportive work environment and maintaining a competitive economic landscape.

MNCs Impact on India’s Economic Sovereignty and Federalism

• Multinational companies (MNCs) impact India’s economic sovereignty by exerting significant influence over local markets and labor practices, often imposing their work culture i.e. prioritizing profit over local interests.
• The “Big Four” accounting firms often receive major assignments from the central government as well as state governments.
• For instance, governments of some southern States favor external consultants over local experts who are far more knowledgeable on economic matters.

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Way Forward

• There should be a strong regulatory mechanism that protects employees from harassment. 
• Working hours and practices in the multinationals working in India must be regulated by the government.
• Provisions must be introduced to address mental health challenges. 
• Local sovereignty must be protected and local expertise must be promoted.

Conclusion

India must critically assess the influence of toxic workplace cultures and actively choose to cultivate environments that value employee well-being and inclusivity. By prioritizing a supportive atmosphere, organizations can enhance productivity and foster sustainable growth.

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The President Droupadi Murmu emphasized the need to eliminate the culture of judicial adjournments during the valedictory session of the National Conference of District Judiciary in September 2024. 

• She highlighted that poor and rural populations often suffer injustice in silence, fearing lengthy delays in case resolutions, which makes them reluctant to seek legal help.

Background

• British Era System: Civil courts handled civil matters under the Code of Civil Procedure, while criminal courts managed criminal cases through the Criminal Procedure Code. 
  • The Supreme Court and High Courts deal with constitutional cases via writs, and these structures remain today.
• Tribunal System and Special Laws: The 42nd Constitutional Amendment Act of 1976 established a tribunal system to reduce civil court backlogs. 
  • Special laws created dedicated forums or courts with specific timelines for adjudication.
• Response to Public Outcry: Provisions are introduced to ensure timely case resolution in response to public outcry, such as the rape and murder of a woman doctor in Kolkata. However, compliance with these timelines is minimal.

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Reasons for the Lag

• Judge-Population Ratio:
  • The backlog in the judicial system is primarily due to a low judge-population ratio of 21 judges per million people as of 2024, significantly below the Law Commission of India’s recommendation of 50 judges.
• Delay in Filling Vacancies: 
  • There are significant delays in filling vacant judicial positions.
• Additional Responsibilities: 
  • A single judge is often assigned to multiple courts, including specialized courts established in response to public outcry.
• New Laws: 
  • New legislation is frequently enacted without assessing its impact on the judicial system, leading to an increased burden.
• Witness Delays: 
  • There are also considerable delays in bringing witnesses to court.
• Overtime and Mental Stress: 
  • Judges, from the district level to the Supreme Court, are working overtime to manage overwhelming caseloads. 
  • For instance, a magistrate must juggle regular duties, new cases, trials, judgments, and other responsibilities, which can create substantial mental stress.

Current Status

• Low Number of Approved Judges: Regarding the backlog in High Courts, there are 1,114 judges approved for the courts as of December 31, 2023. 
• Vacancy: As of October 30, 2024, only 770 judges are in position, leaving 30% of the posts vacant.
• Burden Due to Abolition of Six Tribunals: In 2021, six specialized tribunals were abolished, and their functions were transferred to the High Courts. 
• Supreme Court: The Supreme Court operates at nearly its full sanctioned strength of 34 judges. 
  • However, numerous statutes allow for direct appeals to the Supreme Court, in addition to its writ and appellate powers, leading to frequent challenges against decisions from High Courts, particularly in northern India.

Way Forward

• Mediation: Mediation is viewed as an alternative method for resolving disputes amicably, requiring the consent of both parties.
  • The government passed the Mediation Act, of 2023, however it has not been implemented correctly.
• Justice M. Jagannadha Rao Committee: Recommendation from Justice M. Jagannadha Rao Committee, called for a “judicial impact assessment” for every piece of legislation. This would help in deciding the infrastructure required, the number of judges needed, etc.
• Filling Vacancies: Furthermore, the High Court and the relevant state government should work together to initiate the process of filling proposed vacancies in the district judiciary at least six months in advance. 
• No Additional Responsibility: Additionally, judges should not be assigned extra responsibilities so they can focus on the cases in their own courts.

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Conclusion

To effectively tackle the challenges of case pendency and frequent adjournments, a comprehensive overhaul of the judicial system is essential. By implementing reforms that prioritize efficiency and accountability, India can move closer to ensuring timely justice for all citizens, thereby strengthening public trust in the legal framework.

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The recent Supreme Court ruling in the Society for Enlightenment and Voluntary Action v. Union of India case highlights the need for a comprehensive approach to child marriage that goes beyond punishment. 

Prevention and Prosecution Response

• The institutional response has primarily concentrated on prevention and, more recently, prosecution as exemplified by the mass arrests of men in Assam whose wives were minors at the time of marriage.

Declining Child Marriages

• According to National Family Health Survey data, the percentage of women aged 20-24 who were married before 18 declined from 47.4 percent in 2005 to 26.8 percent in 2016, and further to 23.3 percent in 2021.
  • However, the United Nations’ Sustainable Development Goal (SDG) of eliminating child marriage by 2030 appears a little far-fetched.

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Challenges Regarding Criminal Action in Tackling Child Marriage

• Lack of Support System: If a girl tries to annul a marriage then the legal system would get aware that a child marriage took place.
  • These criminal provisions (POCSO, BNS, PCMA) can be used against the girl’s entire family which can leave her in a vulnerable situation.
  • Under the PCMA, both conducting and promoting child marriage are criminal offenses.
• Hinder Access to Healthcare: This legal environment may also hinder access to sexual and reproductive healthcare, as seeking such services could inadvertently expose her family to criminal liability.
• Self-Initiated Marriages: Some girls flee from marriages due to parental pressure or abuse, leading to self-initiated marriages. 
  • A study found that criminal provisions of PCMA were used twice as often in cases of self-initiated marriages than arranged marriages.

Significance of the Supreme Court Judgement

• Focus on Victim Support Over Criminal Penalties: 
  • The judgment shifts emphasis from merely penalizing offenders to addressing the harm experienced by victims of child marriage, ensuring a victim-centered approach.
• Comprehensive Approach to Combating Child Marriage:
  • The ruling expands the scope of anti-child marriage efforts, advocating for measures that provide substantial support to those already in such marriages.
• Special Schemes: 
  • The Supreme Court judgment calls for the establishment of a special scheme focused on skill development, vocational training, and economic stability for women who leave child marriages.
• Rehabilitation and Compensation: 
  • It also emphasizes the need for rehabilitation services as well as consideration for compensation under victim compensation schemes for these women.
• Follow-Up Calls: 
  • There should also be follow-up support to facilitate their reintegration within their family and check if these women are not harassed by their families.
• Making Girls Aware of Their Rights: 
  • Some women may not want to leave their marriages but need support to assert their rights in areas like reproductive health, work, and education. 
  • This would help them feel empowered within their marriage.

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Conclusion

Addressing child marriage requires a multifaceted approach that prioritizes education, community engagement, and systemic reforms. By going beyond legal penalties, we can create an environment that safeguards children’s rights and promotes gender equality, ultimately leading to a healthier and more equitable society.

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