DAILY NEWS ANALYSIS

Right to Strike

• Government employees who take part in general strikes that disrupt daily life for the general public and the public purse are not entitled to protection under Article 19(1)(c) of the Constitution and are also in violation of the Kerala Government Servants' Conduct Rules, 1960, according to the Kerala High Court.

What does the Right to Strike mean?

• It is the most practical and last option available to workers to achieve economic fairness.
• Around the world, the definition of a strike has changed considerably, and most countries now grant workers the freedom to strike.
• Employees who are on strike refuse to work under the circumstances that their bosses have set.
• Strikes can occur for a variety of reasons, although they typically do so in response to poor economic conditions (this is what is meant by an economic strike, which aims to raise pay and benefits) or unfair labor laws (intended to improve work conditions).
• In India, the Industrial Disputes Act, 1957's Section 22(1)(a) guarantees the right to strike as a legislative right.
• Give the workers the right to strike in every nation, regardless of whether it is democratic, capitalist, or socialist. But if this right is abused, it will affect the industry's ability to produce and make money, thus it must only be utilized as a last choice.
• The nation's economy would ultimately be impacted by this.
• According to Article 19 of the Indian Constitution, the right to protest is an essential right.

Constitutional clauses pertaining to the right to strike:

• Even the fundamental freedom to form an association can be limited under Article 19(4) in the interest of public order and other considerations for the armed services and police, where discipline is the most crucial precondition.
• In order to secure the correct performance of their responsibilities and the maintenance of discipline among them, personnel of the armed forces or the forces responsible for maintaining public order may have their rights restricted or abrogated by legislation under Article 33 of the Constitution.
• The Industrial Disputes Act of 1947 granted the right to strike in India.
• There is no explicit mention of strikes in the Indian Constitution.
• The Supreme Court ruled that strike is not a fundamental right in Kameshwar Prasad v. The State of Bihar 1958, settling the case. Employees of the government do not have the legal or moral right to strike.
• The Police Forces (Restriction of Rights) Act, 1966, and the Rules as amended by Amendment Rules, 1970, came into effect, restricting the ability of members of the non-gazetted police force to create associations. In Delhi Police v. Union of India (1986), the Supreme Court maintained these restrictions.
• While the freedom to associate is a fundamental right, the right to be recognized for one's affiliations is not.

Position in India:

• Unlike America, India does not explicitly acknowledge the right to strike under the law.
• The Trade Union Act of 1926 established a limited right to strike by allowing those actions taken by a registered trade union in support of a trade dispute that would have otherwise violated common economic law.
• Today, the right to strike is acknowledged as a valid tool of trade unions, but only to the extent that it is permitted within the bounds set by the legislation itself.
• The Indian constitution does not grant an absolute right to strike, but it does follow from the fundamental freedom to establish a union.
• International Convention on the Right to Strike: The International Labor Organization's conventions have also recognised the right to strike (ILO).
• India is one of the original ILO members.

Conclusion:

• According to Article 19(1)(a) of the Constitution, there is no basic right to strike.
• No reasonable justification for strikes exists. The most common misuse of the strike as a weapon is to create chaos.
• The core of trade unions and groups is collective bargaining, but this is only possible if the right to strike is recognized as a fundamental right.

Indian Women Peacekeeping Forces

• As a member of the Indian Battalion in the United Nations Interim Security Force, India sent a battalion of female soldiers to Abyei, which is located on the border between Sudan and South Sudan.

UN peacekeeping: What is it?

• When the UN Security Council approved the dispatch of UN military observers to the Middle East in 1948, UN peacekeeping officially got underway.
• UN peacekeeping aids nations in negotiating the perilous transition from war to peace.
• In order to carry out a variety of mandates established by the UN Security Council (UNSC) and the General Assembly, it mobilizes military forces and law enforcement from all over the world and combines them with civilian peacekeepers.

About the women’s deployment:

• Its membership consists of a Major from the Corps of Signals and a Captain from the Corps of Engineers, both of whom are female Army officers.
• 25 female troops from the Assam Rifles and the Corps of Military Police (CMP) are part of the contingent.
• With this unit, India has the most female peacekeepers of any nation participating in a UN mission.
• UN mandate: To address situations involving women and children suffering the most in a war situation, the UN recommended that member states deploy female engagement teams (FET) with infantry battalion groups in UN Missions.

Importance of Women Peacekeeping Units:

• Building trust and confidence with local populations is a key component of the importance of women in peacekeeping units. They also help local women have better access to resources and support.
• Genesis: As part of the United Nations Mission in Liberia, India sent the first-ever all-female detachment from the Central Reserve Police Force (CRPF) to that country in 2007. (UNMIL).
• Worthy of praise: It served as a role model for the African nation, which currently has 17% women in its security forces, up from fewer than 1% in 2007.
• The mainstreaming of women and children into community and social development programs at the grassroots level has also been accomplished admirably by Indian teams working in the Congo and South Sudan.
• Creating and Inspiring Role Models: In post-conflict environments in the host community, women peacekeepers act as strong mentors and role models for women and girls, providing them with motivation to fight for their own rights and pursue non-traditional vocations.
• Better Access: Women peacekeepers have better access to the general public, especially women and children. For instance, they can interview and help victims of gender-based and child abuse, gathering vital information that would otherwise be hard to come by.
• Vocational Training in Native Language: Women officers participated in a variety of quick impact projects, such as facilitating the operation of vocational training centers in the nation and establishing power connections, and they also learned how to communicate with the general public and NGOs in French and local Swahili.

How many women are now serving in the UN peacekeeping forces?

• Women are deployed in all roles, including police, military, and civilian, and they have a positive influence on the peacekeeping environment. This includes promoting women's roles in fostering peace and defending women's rights.
• According to the UN, women will make up 4.8% of military contingents, 10.9% of organised police units, and 34% of government-provided judicial and correctional staff in UN Peacekeeping missions in 2020, out of roughly 95,000 peacekeepers.
• The Global Effort Initiative was started by the UN Police Division to increase the number of female police personnel serving in both national and UN police operations around the world.
• 15% of women must serve in military contingents by 2028, and 25% must be staff officers and military observers.
• UNSC Decision: In accordance with UN Security Council Resolution 1325 (UNSCR1325), women are to play a larger role and contribute more to the organization's operations, including as uniformed women peacekeepers.
• Initiative called "Action for Peacekeeping" (A4P) The Women, Peace and Security (WPS)theme is important to improving the effectiveness of peacekeeping operations, according to the UN Action for Peacekeeping (A4P) initiative.
• This can be done by encouraging women to fully participate in peace processes and adapting peacekeeping to the needs of both men and women, especially by expanding the representation of women in uniform and civilian roles at all levels and in crucial positions.
• There are 152 Member States that have signed A4P, and some of them, including Bangladesh, Canada, Finland, Germany, Ireland, Italy, Norway, South Africa, and the United Kingdom, have stepped forward to particularly support implementation of A4P's WPS commitment.

Way Forward

• This underscores India's long-standing practice of actively taking part in UN peacekeeping operations and promoting Nari Shakti there.

Foreign Higher Educational Institutes In India: UGC

• The proposed UGC (Setting up and Operating of Campuses of Foreign Higher Educational Institutions in India) Regulations 2023 were published by the University Grants Commission (UGC).

About the draft regulation:

• It aims to permit international universities to establish campuses in India.

• Determine the admissions procedure, the reasonableness of the cost structure, etc.
• Must transfer money back to their parent campuses in accordance with the Foreign Exchange Management Act of 1999.
• Foreign higher education institutions' operations must not conflict with India's sovereignty or integrity, State-wide security, amiable interactions with foreign countries, public decency, morality, and Indian higher education standards.
• The UGC draught regulations for 2023 list the "top 500 international universities," and the UGC will "from time to time" determine the ranking.
• Only the top 100 universities according to the QS rankings were permitted to set up branch campuses in India under NEP-2020 in order to provide Indian students who wanted to study abroad with a top-notch higher education.
• Another requirement for opening a branch campus in India is that "the applicant should be a respected institution in its home jurisdiction," according to the proposed regulations for 2023.
• Fee Structure: According to the proposed regulations for 2023, international higher education institutions may choose a "transparent and reasonable" fee structure.
• The ability to choose "qualifications, compensation structure, and other terms of service for appointing faculty and staff" has been granted to foreign higher education institutions.
• Campuses will be subject to anti-ragging and other criminal laws, and the UGC will have the right to inspect them at any time.

Importance of the draft:

• Including foreign universities will guarantee a variety of curricula, including those in urban design and fashion design.
• Reduce the loss of foreign reserves. Over 4.5 lakh (four lakh five) Indian students studied abroad in 2022, resulting in an estimated $28–30 billion in the outflow.
• Around 40 million Indian students who are now enrolled in higher education will have access to an education of international caliber.
• Foreign universities will have complete discretion to choose the tuition rates and entrance standards for both Indian and international students.
• Additionally, they won't be required to come fully adhere to reservation laws in hiring and admissions and would have complete freedom in choosing faculty members, whether they come from India or elsewhere.

What drawbacks exist in the proposed rules?

• It is unclear how the UGC will evaluate the standing of these foreign colleges, which are regarded as reputable in their own countries but do not appear in any world rankings.
• The courses offered by international colleges will be pricey and out of reach for many students due to the option to choose the fee structure.
• It won't follow through on the NEP-2020 commitment to meet the needs of socioeconomically disadvantaged populations.
• For the humanities and social sciences, where alternative interpretations are common, the rules linked to sovereignty, security, and national interest would be troublesome. It could be challenging for the foreign faculty members to strike a balance between state policies, sensibilities, and their academic perspectives.
• The question of profit repatriation had been a key point of disagreement between the Indian government and overseas branch campuses. In India, the education industry is not profitable. It is a public good.
• Attracting Top Universities: In the end, it will come down to whether or not top universities will invest in a branch campus in India since they find the Indian market to be so alluring.
• The top 100 institutions were undoubtedly not overly eager to establish campuses in India.
• Removal of Equivalence Certificate: It would be challenging to guarantee that the degrees offered by the overseas branch campuses would be recognised by the employers in the home countries of the campuses when equivalence standards were waived.
• The determination of "need" for a scholarship will be a difficult task even though it is stated that "full or partial need-based scholarships" will be offered by the FHEI (foreign higher education institution) from resources like endowment funds, alumni donations, tuition revenues, and other sources.

Way Forward

• India has to develop physical infrastructure to support its internationalization of higher education policy. (As an illustration, consider Dubai Knowledge Park's efficient operation.)
• The regulations shouldn't allow such international educational institutions, whose primary goal is to make money, to flourish.