nwI 'lh , I 11 1 tho I ,111Hlll f ( '111111

• 1111 r t 11111 t hns lhl' ~1111,c puwo, , ,1· n <'lvll l ·11111 I l'ho p1 nr cocl Il l\
slrn ll 110 ( hi.' l111 1:~
" I1
011ClI 1111 the 111rn1111I
1h111 it IH110 1 p1 oputl v 1·n 11 ~,1111 wd

FllNCT IONS OF LAUOl lR C'O\IIH

Thi;) 1'11nctions or the l.nb1l11r C'o11n nrc ln id dow11 in Section 7 of' tho Hnid /\ ct.

Acl ' cl '

.I" ic:aling 11po11 i11cl11strla/ di.111111c .,·11ct·!flcd /11 Ill<' .,·c,·,mt! sc:lleJ II /c ' 1·/ th e 1'(1/u Act. un• os
·
.fhl/ow.,·

I· The propriety or legality or nny order pnsscd by ,ploycr under the stund ing
11 11 en
orders:
2. The application and interpretation of' thl;l Standing orders
. . . . , , of or grnnt or relief
3. Discharge and dismissal or the workmen includm g remstntcmet11 '
to, the workmen wrongfully dismissed;
4. Withdrawal or any customary concession or privilege
5. Illegality or otherwise of a strike or Lockout : and
6. All matters other than those specified in the Third Schedul e which foll within
the
jurisdiction of the Industrial Tribunal.

TE!RlRilTOIRIAl JURISD ICTION OF LABOR COUR T

Assump tion of jurisdiction by labour court without deciding objection to

territorial
jurisdiction was unwarranted unless it had necessary territorial jurisdiction, its
order was
bound to be without lawful authority.

Exemption from court fee

No court fees are payable for filing , exhibiting or recording any document in or obtainin
g any
document from the labour court.

Withdrawal of case

Where the matter has resolved the parties amicable before a linal order is passed by
the labour
court, the labour court may allow withdrawal of such a case if there are suflic ienl
grounds fo r
such withdrawal.

26 I P age
 OUSERVATION

The visit 10 the Lnhour Court was situated inside the distrirt (\Hirt or Jubnlpur. The _judge

briefed us on the aspects which nro csscntinl to look into.

10 the
A detailed explnnntion of tho operntivc Lnbom lugislntion showud thnt it is ndnpted
economic nnd socinl challenges or the modern world nro I work Iii! l'ils thret: crucial roles:

• It estnblishes n legnl system that focilitntes productive individunl and collective

employment relntionships. nnd therefore n productive economy: by providing a
frnmework within which employers. workers nnd their representntives cnn internet
concerning work-relnted issues
• It serves as an important vehicle for achieving hnrmonious industrial relations based
on workplace democrncy:. ii provides a clear and constant reminder and guarantee of
fundnmentnl principles and rights nt work that hns received broad social acceptance
and estnblishes the processes through which these principles nnd rights can he
implemented and enforced.

To promote such ideas a decisive role wns highlighted of' the labour court as guardian of the
Labour class. In the detailed discussion listed below nre the key features

• Timely disposal of cnses was a key aspect looked into while hearing the case
• Importance was placed on the speedy grnnl of compensation as money is required
daily to maintain the family.
• Less legalese is made to be used in the trial and the workmen are given ample
opportunity to pince their voice before the bench
• He highlighted that during pandemic fewer people approach the court due to lack of
virtual facilities available.
• He highlighted the differences in the terms like the dependent and legal heir

In the process he made us realize how by the detailed chart for compensation in the law and
such able judges, the rights of the worker class are well protected.

27 / Page
• 11e n1.. ._ ,.,, •'-- ... ch
' - - e stage v.w
· "CUl.: 1..-,.
,:,uv -"
.. l:'IJ
us that ho" does that. help
fn the prr~...din•,, · '-'~ ,cu u.: e-.lU
• tt, pu,1tct the nghl11 of tht labtlled as be ui
tht procttdmgs , en, v. eU the curren1 and
hov. and

• Hha l 11 h,,
r<,le

-
~

\
;'\

"
"
~

a;,
.
~

"
~

"
v
)

"
>
)

n
 Below lhc ul' lhl' 1)1st11c1 .lud1•,e a1 e lhc cowls of' S11b-j11dgc, Additiorwl Suh-fodgc and
1'01111

Munsil' ( \Huts. which arc located in lhc s11h-divisio11ul and tlistricl. hendqu..irtcrn. MoSt of' th c
civil cases arc lilccl in lhe rnurt or lhc M1111sil', A case cun be Luken in uppeul from the court of'
the Munsil' to the 1.:ourt or the sub-Judge or lhc Additional Suh-Judge, Appeuls from the court<;
or th e stlh· Judges and Additional sub-Judges shall lie in the District-Court. The Court of thc
District Judge has both original and appellate jurisdiction. Against the decision of the District

,iudgc an appeal-shall lie in the High Court

Source: Author's visit al DLSA

30 I Page
CENTRAL JAIL
ion of persons who by
is defined as a place proper ly arranged and equ ipped for recept
Prison
ishment. A
are com mitted lo it for safe custody while awaiting trial or for pun
legal processes
~ ~ :;:::: i
prison is a place where
I

persons are confined and

are denied various

freedoms under the state

authorities as punishment.

Section 3 of Prisons Act,

1894 defines pnsons as
Prison means any jail or
place used permanently or
temporarily under general
a/pur
rce: Author 's visit al Central .Jail .lab
or special orders of the State Sou urtenant
detent ion of prisone rs and inc lude all lands and buildings app
Government for the y
lud e any place for the con fine me nt of prisoners who are exclusi vel
thereto, but does not inc
in the custody of the police.
charged with
mo re com mo nly use d wit hin a criminal justice system ; people
Prisons are
of crimes of
be imp risoned unt il thei r trial, tho se pleading or being found guilty
crimes may
plest terms, a
ls ma y be sen tenc ed to a spe cified period of imprisonment. In sim
crimes at tria
punishment for a
also be des cribed as a bui ldin g in which people are legally held as
prison can
crime they have committed
er 7th
inis tration is a stat e sub ject cov ered by item 4 under State List und
Prison, and their adm
exclusi vel y
Con stitu tion . The ma nag em ent and administration of prisons fall
schedule of the prison
of the state gov ern me nts and is governed by the Prison Act and
under the dom ain
role and
resp ecti ve stat e gov ern me nts. Thus, the states have the primary
manuals of the
regulations. The
ibility and auth orit y to cha nge the current prison laws, rules and
respons
prisons for the ir
gov ern me nt pro vid es assi stan ce to the states to improve security in
central
schools, facilities to
air and ren ova tion of old pris ons , medical facilities, development of
rep

31 I Pa ge
 wnnw11 ofil.'ndcr , ' o .
· cnt, onn I tro 111111g. 111otl cr11 11nlH lfl of priso
n indu stri.es. tra ining
. .
to priso n
P~t\finnel nnd In, th • . •
c cirnlion of h1 gh-q11nl11 y cntlo q11 rcq

1 \ PES OF ,JAIi.

In 1nd1 ::i lhc,c nrc three be ts of Priso n such

ns Tnlukn leve l di strict leve l and cent ral level
\ ~omctm,c~ it 1s nlso know n as 1.onal /rnnge '
leve l) . The jails in these level s are known as Sub
1ai b . d1s1nct ,1n ils and cent ral jails respectively.
In general , the infrastructure , security, medi
cal
f:\c iltties. cducat1onal and rehabilitation facil
ities are better from sub jail to central jail.
There
are also some other types of jail such as wom
en jails , Borstal school , open jails , and spec
ial
1ails

l. Central Jail- The criteria enlisted

for being categorized as a central jail is diffe
rent
and varies from one state to another. But som
ething that has been noticed as a trend in
India is that persons who commit offences
that are entitled to a punishment for a
penod (that is, a period more than two year
s) are more often confined to Central Jail.
These jails have additiona l facilities, such
as rehabilitation . Central Jails comprises
those priso ners who are sentenced to impr
isonment for more than 2 years. They are
meant for li fers and for people who com mit
hein ous crimes. In this type of prison,
effort is made to resto re the mora lity and integ
rity of a person. The criminals.earn their
wages in these types of jails. Central jails
have a larger capacity of providing
accommodation to prisoners in comparison
to othe r jails. Madhya Pradesh has the
highest number of Central Jails which stand
s at 11. Maharashtra, Rajasthan, Tamil
Nadu , and Punjab have 9 central jails followed
by Karnataka and Delhi which have& .
States like Arunachal Pradesh and Meghalay
a do not have any Central Jails. As per the
National Records Crime Bureau, there are
a total of 134 central jails in India which
have a capacity of accommodating 1,59,
158 prisoners . As per the data of 2015 ,
1,85 , 182 inmates are present in the central jails
.
2. District Jail- There is not much diffe
rence between the district jails and the centr
al
jails . District jails serve as main jails in those
states and Union Territories of India
where there are no central jails . There are
a total of 379 district jails in India which
have a capacity of accommodating 13 7972
inmates only , but currently, there are
180893 inmates present in the district
jails all over India . Some states which have
a
32 I P a g ('
 -39.
co11s1dernblc number or chslrit:I jnils indudc . U11nr Prndcsh - 57, Madhyn Prndesh
B1ha1 - .l I. and Ma hnrashl rn whi ch hns 2Xdislricl jnils.
- Sub Jnils in India piny lhe role of' sub-di visional level jails in India.
As
J. Sub .J!lils
set-up.
1hcy nrc al n lower l'onnnli on. they have n beller nnd well-organised prison
lo other
There nrc 9 stales which have a higher number of sub-jails in comparison
d by
s1n1es in India. Maharashlra has the highest number of sub-jails i, 100 followe
- 72,
Andhra Pradesh which has 99. Tamil Nadu has 96, Odisha -73, Madhya Pradesh
not have
Karnataka -70, and Rajasthan has 60. Some states and Union Territories do
r.
sub-jails. They are Arunachal Pradesh, Chandigarh, Delhi, Haryana, Manipu
s with a
Meghalaya. Mizora m, Nagaland, and Sikkim . There are a total of 741 sub-jail
capacity of 46368 people. But currently 39989 inmates are lodged in these jails.
yes this is
4. Open Jalis- The name of these types of jails may appear paradoxical, but
on of
true. Open Jails are the ones which have the minimum security. As per 26 definiti
The
Rajasthan prison rules, open jails are the prisons without walls, bars and locks.
and are
prisone rs in such type of jails are engaged in activities like agriculture
open
pennitted to earn for their families . Only those prisoners are admitted in the
of open
prisons , who satisfy certain nonns prescribed in the prison. The prisoners
in India
prisons are considered to possess good behaviour. There are seventeen states
rs.
which have 63 open jails which have a capacity to accommodate 53 70 prisone
Home
Currently, 3789 inmates are lodged in such type of jails. P. T. Chacko , the then
India in
Minister of Kerala on August 28, 1962, introduced the first open jail in
20 l 7
Nettukaltheri (near Trivandrum). The Supreme Court of India in December
directed the centre to set up more open prisons in India.

OBSERVATION
made us aware
We visited the jail under the guidance of Assistant Jail Superintendent, who
acres and it is
about the jail campus , he mentioned that the jail covers an area of about 119
times of the
divided into three sections. Whenever a new inmate comes to the jail in these
test is undertaken
pandemic, he/she is kept separately for a particular time. A proper medical
for different
to test for Covid or other medical conditions. There is a proper dress code
from prison, those
categories of inmates like, convicts, on trial prisoners, those who escaped

33 / Page
.ir. .. -
,~
i~
,~
1~
,~
i~
i~
who escaped from custody . For women prisoners, there is a dedicated section. Only
officers take care of this women's section. The prison inmates are treated alike by th

staff, there
women

is discrimination among the prisoners on different grounds . There is proper

infrastructure in place for virtual hearings . There are avenues for the inmates
e jail

for their
i~ entertainment. Skill training is provided to the inmates for training them to produce
goods,

r' offer services thereby earning livelihood. The food is prepared with the help

,~
of large

r machinery and proper coordination. We tasted the food in the jail, it was satisfactorily
good.

,~
,~
There is a shop in the jail from which people can buy goods produced by the prison
We also got the opportunity to see the place where the hanging is done and we also

know the process.

inmates .
gto to

,~
.~
Overall, it was a wonderful experience, we got to broaden our horizon, we learned to
the jail and the inmates from a different perspective .
look at

I ~
,~
•
~

I ~
~

34 I
 POL H I (0\ l R_Ol R00\1

Snurc c: Author \ ,.,,,, to Police C,,ntml Room CCTV department

" 1·ce ~orce Thnl menns being nbk l l)
d
"""" c'"'" ,,1 r<>o'" " the comman centre ,or a po 1 . •
Lo111n111n1ca1e cffcc 11vcly w11 h pa1 rolmen in the lield is paramount.

,110<>~ w,1h the space needed for """orking equipment and telephone or
radio equ1pmcul.
pohce swuons have a part,cular need for monitors for surveillance.
Choos ing th,· 11~ht
furn,uuc for a police contro l room means findin g the right balance betwe
en acccssihillh and
,n;c,em ease of movement- there are times even the control room staff
might n«,1 t>' t,,

called 1n10 1hc fi eld.

OBJECTIVES

• Lnable promp l handling of emergency situati on through use orlatest

tllh !llh .' L'l\H'III S ,11

information and com11111nicntion technology.

.
• Improve the co111111u111cn1
• · 1011
· 1·ink between the ca llers· (11\L'11tbcrs· ,•)t· 111 l. 1iII 1,1·I~' t' tl' . ) lllllI

P0 lICC .

35 I Page
 .
• Provide members or the public uninterrupted 24X7 access 10 1he Police Control Room
by dialing 100.
. . . . . . . . . ' immediate police
• Mmnrnze the response 111ne or police Lo any s111iat1on requiring
. . . ~
intervention through quick and efficient transm1ss1011 of 111 or mation
'
from the Control

Room to PCR vehicles and vice-versa .

. . . . . b roviding connectivity
• Enable correct and prompt d1ssemmat10n of mformallon YP
through LAN, thus increasing the efficiency of police.
.
• Ensure transparency and accountability of the poltce personn el ' manning the Modern
Police Control Room as well as PCR Vehicles.

FUNCTIONING

Source: Author's visit to Police Control Room

On receipt of information from the Control Room, the police personnel manning PCR
vehicles are promptly providing assistance to the local police in accident cases and incidents
of law and order, traffic problems etc. They are also proactively providing assistance to
members of the public, particularly women and children in distress, sick or elderly people. On
many occasions, prompt action by the staff of PCR vehicles has resulted in saving valuable

36 I Page
 lives by way of . . ounit suicide, shiftino
preventing and rescuing persons while attemptin g to co e

of sick/injur
· ed h - • .
w 11e tn distress condition to the safety.

• It shall also be in regular touch with the Subsidiary Control Rooms and gather

information and disseminate the information to concerned post I officer etc.

t
• It shall keep track of CCTV footage and relay it to the concerned office /poS for

necessary action.
• It shall also closely watch the Television installed in the control room and pass
information I instmctions to officers and post for their information and necessary

action.
• It shall use VHF, Telephones and Mobile sets for communi cations.
• It shall maintain a Log Book and enter important information in the Log Book.
• It shall keep track of inflow and out flow of pilgrims by communicating to various

posts including Traffic Post.

• It shall be in constant touch with the Traffic Aid Posts, Grid Station and collect
information about inflow and out flow of pilgrims along with their vehicles.
• Co-ordinate with all sister agencies who shall be seated in the ne;r;t room and get the
work done and meet the exigency on priority basis.

37 I ,., , :;
rv

( 'Il l LI> W I◄: ! ,lt' A

IU'I <'() M MI'l''I' 1i:,1;
v,/,:lfiir 1:
Child
'Il ic
j•; :in
<'orn ,rii tt.e «.:
au1onot11<1U'I n//dY d_
cda r!:'J
ctc nt auth ori ty 11,
;J'i :JC(' r,1r
d«.: 1ll wi th children
in need
care and
of
proi,ection. section
27 of
Charter v of th e Ju venil e
(Care and
protec tion of Children )
Acl, 15
20 tal ks about the
Child Wel fare c or
nrnittee.
It · • d
S/111rt·e• ·A1 w.·, "' L'1·
1th11r',\· 1,·. 11/tl wel/11re c11111111it1e
" nu e . d.15 uict fo rexercising
ow • md atooy d'to lom, one or mo
re Child Welfare Com
mittees rn'Id
ever / 1·n need
ro!'er1·nn 'flto · 1sehnrge the dnties confe of care and
P cc ,on . rred in relation to ch
. us committee cons r
• ren
ists or a Chairperson ao rnbers who accord
P e Stole Government are d other ,our me ing
fit to be appointed, at
least one of whom sh
thethother should pre[e
10 ould be a woman an
rnbly be an expert oe d
matters that are concern
ing the children.
A Secretnr/ and oth
er staff shall be prov
ided by the District
secretorial support to Child Protection Un
the Committee for its it for
the Committee, that pe effective functioning.
fo r becoming a mem
rson (who wants to be ber of
come a member) shou
health. education and ld be actively involv
welfare activities in rel ed in
should be a prnctic ation to ch ildren fo r
i ng professional who at least se ven years
has a degree in ch or
ild sociology, psyc
hiatry,
psychology, law or
human development.
For the appointment
of a member, he shou
ld possess all the pr
duration or this appoint escribed qualificatio
ment should not exceed ns. The
the time period of thre
n member shall be ter e years. Appointmen
minated if that mem t of
ber uses his power
convicted of an offen for wrong measures, be
ce involving moral en
turpitude (where such
reversed and he has co nviction has not be
not been granted full en
pardon ) and does no
t attend the meetin gs
of the

38 I Pa ge
Con11111ttec
. for n period 0 r 11iree llltmt hs or three-fourths silting of the Committee
· · thal year.
m
A rcv1e\, Ill every lht cc months shnll be cnnducled by the D1slricl Magistrate.
.

1 he Child Wclfo'te (' ommitlec ltmct1

. c
011s ns n bench guided by the powers that are conierre d in
·
the Code of C'nmmal P1oced11rc, l'J73. Anyone connected lo the child is allowed to file a
pe1111on to the Mn' g,s1rate o1-lint
1 D1.s1rict, who considers and passes appropna
· te orders ·

POWERS

The powers of the Child Welfare Committee are laid down in Section 29 of th e Juvenile

JuStice (Care and Protection of Children) Act, 2015:

nd
• The Committee has the full authority of disposing of cases for the care, protection a

treatment of the children.

• The Committee can also dispose of cases that are for the development, rehabilitation
nd
and protection of children that are in need, and also to provide for the basic need a

protection that is needed by the children.

• When a Committee is constituted for any particular area, then it has the power to
exclusively deal with all proceedings that are being held under the provisions of this
Act that are related to children in terms of need of care and protection.
• While exercising the given powers curtailed under this Act, the Committee is barred
from performing any act which would go against anything contained in any other law

that is in force at that time.

FUNCTIONS AND RESPONSIBILITIES

The Functions and Responsibilities of the Child Welfare Committee are mentioned in Section
30 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Few functions and

responsibilities are listed below:

• Cognizance of children that are produced before it. Children who are neglected can be
produced before this committee.
• Conducting inquiry on issues relating lo and affecting the safety and well beino
0 of the

children under this Act.

39 I Pag e
 nd
• T0
irect
d'
lhc Child Welfare Officers District Child Protection Unit a Non-
Governmenlal orgn11i1:nlio11s for social in,vestigntion and also to submit a report before

the Committee.
• To cou uct an inquiry for the declaration of fit persons for the care of children in need
d
of care and protection.
• To direct placing of a child in a foster care facility.
th
• T ensure care, protection, restoration and appropriate rehabilitation of ose children
O nd
ose are in need of care and protection. This is based on that child's i ividual care
th rd th
plan. It also includes the passing of necessary directions to parents or gua iaos or e
people who are fit or children's homes or fit facilities in this regard.
• To select a registered institution for the placement of every child that requires support
which is based on that child's gender, age, disability and needs. This should be done

by keeping in mind the available capacity of the institution.

• To recommend action that is for the improvement in the quality of services provided
to the District Child Protection Unit and the Government of a State.

40 I Page
'

tions
. , le lo aII the weaker sec
aid lcus1b
A bcuc. r uppro nc.,1 lo niukc lhc avuiluhilily o/' free lcg11l There have been many
a bet tor on e.
of society is c·0ll e•d 1.or lo 111nkc l11di1111 .luslicc System h e been opened an. d the
· 1h'1s d1r . io11 up lill now , mnny lcgul uid cells av
de vefopmenrs in cc1 h 10 free ' ·jusl, fair an
d
Th e pal a
ma11er of free 1ega1 aid hus gained a lot or importa
. nce .
d goaJ is· indeed alluring
. ges, but the en
reasonabJe 1·usrice system 1s fraught with many challen
. .
and the first ste P Iowards II 1s the education of rights 10 the people.
, road
far off rem ote reg ion s for this traditional media
d lo connect
Legal awareness dives nee r·c. ct'IVe ·
k tribution so far can be e .ie
shows ' louds pea ers , banners and brochures dis
Paralegal career
th sio na l incentive for pro bono must be inculcated.
Also among e legal pro fes
of paralegals and
st mo ted am ong un dergr ad uates as the employment
advantages mu be pro occupations.
jected to gro w mu ch fas ter than the average for all
legal assiatants are pro

41 / D 3 g ':