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An empirical study of various labour welfare provisions pertaining to women workers in Jammu and Kashmir

By: Ahmad Bhat, Nayeem.
Material type: materialTypeLabelBookPublisher: Kashmir Journal of Legal Studies Description: 9(1), 2022: p.30-48.Subject(s): Socio-economic, Unorganised, Wages, Employment, Work participation Rate, Labour welfare In: Kashmir Journal of Legal StudiesSummary: Every society or country has its own values, traditions, culture and with the passage of time changes do take place in these existing traditions, culture and values. For a researcher, the caution given by Julius Stone is of extreme significance; "Attention came to be increasingly directed to the law 's effects on the complex of attitudes, behaviour, organization, environment, skills and powers involved in the maintenance of particular society or kind of society and conversely on the effects of these upon the particular legal order in which it raises, the interrelation involved include the influences of extra-legal elements of the social order on the formation, operation, change and disruption of the legal order, as well as the influences of the legal order (or particular posts, kinds and states of the legal(order) on that extra-legal elements. In the words of Paton, "Legal research consists of analysis of rules, concepts, and institutions of law as well as the legal system itself and if the law lags behind popular standards, it fails into disrepute. If the legal standards are too high; there are great difficulties of enforcement. "2Judged by the standard attained by the advanced countries in this field, the various labour welfare schemes in India may not be a satisfactory one. Our critical examination of various labour welfare legislations will testify that our National Government having taken a bold step immediately after independence to introduce some important social security legislations by way of Employees State Insurance Act, 1948, Factories Act, 1948, Maternity Benefit Act 1961, Equal remuneration Act, 1976, Sexual Harassment at Workplace, Act, 2013 etc. has turned its attention to a right direction. It is gratifying to note that these labour welfare laws for the industrial employees were the first of its kin in South East Asia. But even though these laws were passed long time back, the implementation of the underlying schemes more particularly for women employees was very slow at the initial stage. – Reproduced
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Articles Articles Indian Institute of Public Administration
9(1), 2022: p.30-48 Available AR126823

Every society or country has its own values, traditions, culture and with the passage of time changes do take place in these existing traditions, culture and values. For a researcher, the caution given by Julius Stone is of extreme significance; "Attention came to be increasingly directed to the law 's effects on the complex of attitudes, behaviour, organization, environment, skills and powers involved in the maintenance of particular society or kind of society and conversely on the effects of these upon the particular legal order in which it raises, the interrelation involved include the influences of extra-legal elements of the social order on the formation, operation, change and disruption of the legal order, as well as the influences of the legal order (or particular posts, kinds and states of the legal(order) on that extra-legal elements. In the words of Paton, "Legal research consists of analysis of rules, concepts, and institutions of law as well as the legal system itself and if the law lags behind popular standards, it fails into disrepute. If the legal standards are too high; there are great difficulties of enforcement. "2Judged by the standard attained by the advanced countries in this field, the various labour welfare schemes in India may not be a satisfactory one. Our critical examination of various labour welfare legislations will testify that our National Government having taken a bold step immediately after independence to introduce some important social security legislations by way of Employees State Insurance Act, 1948, Factories Act, 1948, Maternity Benefit Act 1961, Equal remuneration Act, 1976, Sexual Harassment at Workplace, Act, 2013 etc. has turned its attention to a right direction. It is gratifying to note that these labour welfare laws for the industrial employees were the first of its kin in South East Asia. But even though these laws were passed long time back, the implementation of the underlying schemes more particularly for women employees was very slow at the initial stage. – Reproduced

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