BREAKING NEWS. What has LSC been up to? IN THIS ISSUE. Breaking News- Right to Education. Law you can Use- Lokayukta. Law and Development- Labor Laws

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1 The Legal Services Clinic is a student run committee of the National Law School of India University. Our mandate is to spread legal awareness and provide free legal aid. This newsletter is to further our objective of making law accessible to everyone. The law is everywhere in newspaper headlines, in your homes, in your workplace, on the internet, everywhere! You interact with the law everyday of your lives, whether you know it or not. Through this newletter we will ensure that you do IN THIS ISSUE Breaking News- Right to Education BREAKING NEWS Law you can Use- Lokayukta Law and Development- Labor Laws Featured NGO- Munnade Initiatives- IDIA What has LSC been up to? Heard about the Right to Education? Do you know that it is now a Fundamental Right? What does that mean? Read on to find out more! Under Article 21A of the Constitution of India, the right to education is a fundamental right in India. This means that every child between the ages of 6 and 14 has a right to receive education and if this right is denied, we can go to Court and demand it. Thus, the right to education is now on par with the right to life, speech, movement, etc. For any right to be enforceable in a meaningful manner, it is necessary for a law to be passed. Therefore, to give expression to the right to education, the Parliament passed the Right of Children to Free and Compulsory Education Act or the Right to Education Act (RTE) as it is popularly called. The Page 1

2 most significant provision in the RTE is that it mandates that 25% of the seats in private schools be reserved for children from economically backward classes. Extending this liability to private schools and not just government schools was a giant leap for socio-economic rights. This provision was however challenged in the Supreme Court. In April this year, in the case of Society for Unaided Private Schools of Rajasthan v. Union of India, the Supreme Court rightfully upheld the constitutionality of this provision. It was not held to be violative of any other rights guaranteed in the Constitution. What is more, the court directed schools to start implementing this policy with immediate effect. This means that in the academic year that commenced in May/June this year, all private schools except unaided minority schools and residential schools, were required to reserve a fourth of their seats for the economically backward students. There are other important features of the Act- applying not just to economically backward children, but to everyone. It imposes certain infrastructure requirements and mandates a teacherstudent ratio of 1:30. The Act also states that no child may be held back, expelled or required to pass a board examination until elementary education is completed. Further, a child cannot be denied admission in a school even if there is no proof of age. The Karnataka, Kerala, Tamil Nadu, Orissa and Assam governments have come out with a set of rules for the implementation of this right. The Karnataka Rules have designated the School Development and Monitoring Committee as the local authority which implements the provisions of the Act and addresses lapses. The Rules direct the authority to designate additional schools if the need arises, monitor learning capacities, conduct regular school mapping to identify children of school going age and the most suitable school for them in their vicinity. At the time we were going to print, private schools were threatening to go on a strike unless the state clarified the Rules further. While some private schools and parents have raised concerns over reserving seats and its possible impact on their own children, we believe this is a revolution that is long pending. The diversity of India will now be reflected in a classroom and this will go a long way in molding responsible young people. We at LSC have ensured that all the children of construction workers on our campus are going to school. You can do your own bit by spreading awareness about this right and ensuring that children around you go to school. Let us join hands and make this fundamental right a reality! Page 2

3 LAW YOU CAN USE Whether you agree with Anna Hazare or not, there is no denying that corruption is a big concern for us today. The Lokayukta plays the role of an ombudsman (much like an umpire), to look into questions of corruption. We spoke to B. Yoginath, Registrar, Karnataka Lokayukta, to learn more about this body. Q: What is the role of the Lokayukta? A: The Lokayukta has two primary roles, the first being grievance redressal regarding the duties of government officials and secondly regarding the substandard work that may be carried out. Q: Is it instituted at a central level? Is it there in all states? A: Currently there is no body at the central level. With respect to the states, some of them have the Lokayukta while the remaining have vigilance commissions in place of the Lokayukta. Q: How can a citizen institute a complaint and follow up on the status of his complaint? A: As per the Act, the complainant is to make a complaint in the prescribed format of Form I and Form II and submit it along with brief facts of the case and produce supporting evidence in complaints regarding allegations against public servants. With respect to following up of the case, the complainant is given a case number using which he can check the case status on the Lokayukta website. Q: Is there an assurance that every complaint is addressed or is there any filtering mechanism? A: There needs to be a filtering mechanism and the one followed is that the cases are filtered as per S. 8 of the Act which does not allow taking up complaints wherein the complaint involves a grievance filed after the expiry of six months of the complainant gaining knowledge of the action complained against or a complaint involving an allegation made after the expiry of five years from the action complained against, etc. Q: Of late, there have been a number of news reports focusing on raids conducted by the Lokayukta. Can you please explain the procedure in which raids are conducted? A: The step-by-step procedure is as follows: 1. Collection of information regarding amassing of wealth by public servants 2. Registration of the case. 3. Obtaining a search warrant from the Special Judge Court. 4. Investigation of the case - calculation of income, expenditure and assets. 5. Filing of a charge sheet if the assets exceed the income. Page 3

4 Q: What sort of action is taken against those found guilty? A: When misconduct has been made out, a report will be sent to the State Government by the Lokayukta. In turn, the Government will order an enquiry by the Lokayukta enquiry wing which will in turn submit a report to the Government with its final findings and recommend disciplinary action. The public servant may be removed from service, demoted or suffer a cut in increments, etc. Q: Do you think the Lokayukta has made a difference in remedying the situation in Karnataka? A: Earlier the Karnataka Lokayukta Act, 1984 was not implemented too well, however ever since the term of Justice Venkatachaliah, there has been a significant improvement in the implementation of the Act and this is reflected in the reduced corruption levels in Karnataka. Q: Is the Lokayukta sufficient to remedy the widespread corruption in the country? A: No. The people have to join hands with the Lokayukta in not giving or taking bribes and in filing complaints in order to combat corruption. LAW AND DEVELOPMENT The law acts as a tool that can bring change and ensure a just and equal society. But laws are useless unless they are implemented. And unless we are aware about them, and ensure that they are enforced. Read here about the rights that Laborers, especially construction workers are entitled to, so that you can ensure that they are implemented. Our carpenters, electricians, plumbers and masons play such an important role in our lives. Despite how indispensible they are to us, we see that they form one of the most vulnerable sections of society. In the recent past, the Legal Services Clinic has been working with the migrant construction workers in and around the NLS campus. This has been eye-opening in many ways. We believe that in order to create an inclusive society, it is important for us to understand the problems being faced by vulnerable social groups and then help improve their situation. One of the ways in which this is achieved is through the law. In this piece, we share with you some legal protections that such workers are entitled to. We urge you to be aware citizens who can thus be agents of change, in ways big and small. Construction workers include both local and migrant workers who predominantly work on construction sites and are involved in all aspects of the construction industry except for design and finance. Page 4

5 Under the Building and other Construction Workers Act, all construction workers are entitled to certain legal safeguards. The first is that there ought to be registration of establishments where these workers work. This can help the government regulate the sector. Besides this, the law provides for minimum number of hours of labour, the number of days that one must work in a week and the wages to be paid. Further, the law prescribes the condition of work thus mandating drinking water, latrines, accommodation close to the work site, and crèche facilities where more than fifty women work. In fact, certain safety measures must be provided. All these are the responsibility of the employer who will be fined and imprisoned in the event of not fulfilling all these legal obligations. The Karnataka Building and Other Construction Workers Welfare Board set up under this Act, has drawn up several Welfare schemes to provide construction workers with pension facilities, accident benefits, medical and maternity benefits etc. In order to avail of these facilities, the workers are expected to register themselves with the Board. The more specific law that applies to migrant workers is the Inter-State Migrant Workmen Act. This mandates that all establishments where migrant workers are employed be registered, similar to other work sites. In addition to this, contractors who employ migrant workers ought to be licensed with the government as well. As per the notification issued by the Karnataka Government under the Minimum Wages Act, construction workers are entitled to a minimum monthly wages of Rs. 140 to 145 depending on the nature of work that they undertake. The Inter-State Migrant Workers Act stipulates that the migrant workers be paid the same wages as notified by the state in which they work. In addition to this, every interstate migrant workman is entitled to a displacement allowance equivalent to 50 per cent of the monthly wages or seventyfive rupees, whichever is higher. The workmen are also allowed a journey allowance to cover the transportation costs to the workplace. The contractor is responsible for providing regular pay, equal pay for men and women, accommodation and suitable working conditions. If the contractor fails to provide these, then the onus is on the principal employer. Contravention of these provisions also leads to imprisonment and fine. Given how vulnerable migrant workers are and how chaotic their lives tend to be, these minimum measures must be enforced if we are to take everyone forward as the economy grows. This enforcement can be ensured not only when law makers and employers enforce it, but even when we as the civil society fight for it. Page 5

6 FEATURED NGO Munnade in Kannada means to move forward. Munnade is also an organisation of women workers in the garment industry in Bangalore and aims to help women move forward both professionally and in their domestic lives.. We talked to Ms. Deepa Girish, General Secretary of Munnade to know more about the organisation. Q: When did Munnade start and what does it seek to achieve? A: Munnade is a social organisation working for the welfare of Garment workers and protection of their rights for the past eight years. On 4 March 2011, Munnade, was registered under the relevant laws. Most of the members of our Organisation have themselves been garment workers with over ten to fifteen years of experience and hence they know best about the issues that such workforce faces day in and day out. The ultimate aim of Munnade is to improve the quality of living, both at home and workplace for over 5 lakhs women workers in Bangalore. Q: What are the various difficulties you faced in starting this organisation and how successful have you been? A: Munnade faced all the problems that any organisation faces in its initial phases and perhaps more because it was completely started and run by women. It stands entirely on the ability and tireless enthusiasm of the workers. In the last eight years we have managed to reach out to over twenty five thousand workers and we have spread our network to different areas of Bangalore, including Peenya Industrial Layout, and this has been a considerable achievement for us despite all the adversities. Q: Can you highlight any of the recent programmes that Munnade has taken up which helped achieve its objectives? A: We have recently set up local committees in areas where workers live in large numbers and we have drawn up a systematic way of having regular meetings to discuss their issues and bring them together for various programmes. This has helped us to decentralise our activities and make many more workers incharge of how Munnade progresses. Page 6

7 Further it has also helped us address their domestic problems better since a committee member can be found within their vicinity. Right now we have twelve such committees. We also take up women s cases and give them counseling wherever necessary. Apart from work related cases, we have also handled cases of domestic violence and rape. After successful handling of such cases, our popularity among workers has also increased. Q: What is the best way to approach Munnade for people who are interesting in seeking your help? A: To spread awareness about Munnade s activities we organize several programmes on special days such as May Day, Women s Day, etc. Further, we also use loudspeakers in autos, distribute pamphlets outside factories to ensure that we get the maximum audience. We also conduct regular meetings for workers where we talk about their rights and importance of organising themselves under Munnade. We even go on a door to door campaign to have personal interactions with workers and knows their problems better so that we one, tell them about us, and two, to increase Munnade s agenda to address their problems. Q: What are your future programmes and plans? A: Garment factory workers are mostly women and many of them are illiterate. We want to conduct literacy programmes for them. Further the biggest issue that we need to address is the lack of identity as workers that these women face. We want to interact with various institutions such as the garment factories, Labor Department and the judiciary to ensure that these women get all the facilities that any other recognised workers get such as minimum wages, Employee State Insurance (ESI) and Provident Fund (PF) schemes. Munnade s main objective is to uplift the workers in every way possible. Contact: No. 176, Railway Gate Road, Pantharapalya, Nayandanahalli, Mysore Road, Bangalore , Ph: munnade@rediffmail.com Page 7

8 INITIATIVE The Legal Services Clinic has been actively involved for the past two years in the Increasing Diversity by Increasing Access (IDIA) movement that trains students from underprivileged and marginalised communities to secure admission to the leading law colleges in India. Read here to find out more. IDIA was conceptualised by Professor Shamnad Basheer (faculty at National University of Juridical Sciences, Kolkata), as a pan-india student movement. Students from law colleges across the country have been involved in spreading the word about law as a career option, selecting and training students for the CLAT (Common Law Admission Test) - the all India entrance examination conducted by fourteen National Law Universities (NLUs) for admissions to their under-graduate programme (five year integrated LL. B. course). The CLAT exam has five central components - English, Logical Reasoning, Legal Aptitude, Mathematics and GK. It is generally considered difficult to crack without access to the expensive tuitions provided by coaching institutes across the country. IDIA seeks to help those promising scholars who have an aptitude for law but cannot afford these coaching institutes. Scholars are selected after the administration of a simple aptitude test; they are then given rigorous coaching by IDIA volunteers and by a local coaching centre that partners with IDIA to provide free training to selected scholars. If an IDIA scholar makes it through any of the top-ranked NLUs, IDIA also helps to secure funding or scholarships and mentors the scholar once he is in the NLU. This year the Bangalore Chapter of IDIA with help from Law School Tutorial, a leading coaching institute, trained nine students from Karnataka and Hosur Taluk, Tamil Nadu to write the CLAT. It has met with modest success. Thangminlal Haokip, a Manipuri student from Parikrama School, Sahakarnagar, has made it to National Law School of India University, Bangalore and Karthika Annamalai, from Shanti Bhavan School, Hosur Taluk, has secured a seat at National University of Juridical Sciences, Kolkata. With ample support from those in the Page 8

9 legal community, IDIA has managed to secure funding for both students at their respective law schools. Across India, out of the forty four students coached through the year, eleven IDIA scholars have made it to NLUs this year. Our successful scholars reflect a truly diverse mix, comprising candidates from various backgrounds (children of farmers, stone quarry workers, shopkeepers and clerks) and hailing from various states such as Karnataka, West Bengal, Andhra Pradesh, Jharkand, Rajasthan, Bihar, Manipur and Mizoram. IDIA plans to start its coaching soon for those attempting CLAT All students interested are urged to contact LSC at the earliest! For more details about IDIA, please visit: WHAT HAS LSC BEEN UP TO? The third and final trimester was a hectic time for us at the Legal Services Clinic! We began our work with the construction workers on our campus. In association with the college authorities, we ensured that they got basic sanitary facilities. We also began afternoon classes for over thirty children of these workers, an initiative we fondly call the Putani Express. It was several weeks of fun and learning, complete with a class trip to the Vishweshwarayya Museum and a medical camp conducted by Dr. Avinash, a passionate paediatrician. The children Page 9

10 have now been admitted to a government school. As you may remember, LSC had impleaded in a PIL for implementation of the Juvenile Justice Act in the State. The PIL, Ashraya v. State of Karnataka, is being heard in court and this is bound to have a phenomenal impact on so many children and the manner in which the JJ Act is implemented in the state of Karnataka. The High Court has ordered to set up an implementation Board and LSC may also be part of this! have worked closely with the Stree Jagruthi Samiti in their on-going effort to ensure legal protection for domestic workers, especially in light of the recent ILO Convention 189 which recognises their rights. With this Newsletter, LSC signs off and makes way to a brand new LSC team that has already been constituted; here s wishing them a world of success! To LSC , here s to an incredible end to what has been a fantastic year of providing legal services. As part of our regular mandate, we have conducted three Legal Literacy Programmes and handled eight cases. We LEGAL SERVICES CLINIC Deepika Kinhal (Convenor) 2. Sahana Manjesh (Joint Convenor) 3. Aathira Menon 4. Ashwini Obulesh 5. Jahnavi Manohar 6. Nidhisha Phillip 7. Lakshmi Nair 8. Basavangowda Patil 9. Vansh 10. Rajni Murugesan 11. Shruthi Naik 12. Bhoomija Verma 13. Janhavi Venkatram 14. Atulaa Krishnamurthy 15. Shreya Kundu 16. Varun Sen CONTACT US By phone here: / Online here: lsc.nlsiu@gmail.com, website: By foot here: National Law School of India University, Nagarbhavi, Bangalore BY LEGAL SERVICES CLINIC. ALL RIGHTS RESERVED Page 10