News on India China Border : Deadly clash on India China Border.India China treaty (1993, 1996, 2013)

 News on India China Border:-

 Deadly clash 20 Indian soldiers martyr , Terms and condition of treaties (1993,1996,2013) between India China  

                                                     

      

 Clashes on China India border:-

                                   On Monday night there was deadly clash. In this clash our 20 soldiers are martyr. There were always small clashes on India China border But This type deadly clash was happened after 45 year. In 45 year this type of deadly clashes was never happened. India China govt. signed many treaties like 1993,1996,2013 to maintain the peaceful and tranquility enviornment on LAC( Line of Actual Control).But time to time china breaks this treaty as the result of this, this type of clashes happens on border. 

On this clash our Prime Minister Narender singh Modi writes in his tweet.

" I assure the country that our soldier sacrifice will not go in vain. For us our country integrity and  sovereignty is supreme. No one can stop us to save it."

Our Defence minister Rajnath singh tweets   

  "The loss of soldiers in Galwan is deeply disturbing and painful.Our soldiers displayed exemplary courage and valour in the line of duty and sacrificed their lives in the highest traditions of the Indian army."

 Now we will see what the main points in these treaties are . So That we can understand what are the conditions which both countries has to follow.

Treaties of india china border:-

       To maintain the peaceful and tranquility environment on LAC( Line of Actual Control) India China signed treaties on 1993, 1996,2013. Key points of these treaties are as follow:-

India China Treaty 1993 :-

It was signed on 7th sep 1993. Summary of main points of this treaty are as follow:

• The two sides shall respect the LAC(Line of Actual Control). Any personnel will not cross the LAC. In case of cross of LAC by a personnel they shall immediately pull back to the own side.
• The two sides agree to reduce their military force along the LAC.
• Neither side shall do the military exercise. each side shall give the prior notice of military exercise of  specified level near the LAC.
• In case of any problem both sides shall deal with mutually and friendly consultation.
• Both sides shall also consult on possible restrictions on air exercise in area to be mutually agreed near the LAC.
• Two sides reduce the military force to maintain the peace and tranquility.
• Both sides shall appoint diplomatic and military experts to formulate implementation measure for the presents agreement.

India China Treaty 1996 :-

       It was signed on 29 November 1996. Summary of main points of this treaty are as follow:

• Neither side use its military capabilities against the other side. No army forces threaten the other side force by attacking.
• Both sides strictly respect the LAC. No activites of either side shall overstep the LAC.
• Both side reduces the no of field army, Border Defence Force, Paramilitary Force and others.Both side decide the limit of forces armaments to be kept by each.
• Both side avoid holding large scale military exercise involving more than one brigade (app 1500 troops).
• Combat aircraft (include figther, bombery, military trainer)can not fly under the 10 km area of LAC. If it does so it shall give the information about combat like type, number,height, proposed duration,timing etc to other side. But unarmed can be fly.
• Neither side shall open fire, blast operation, hunt operation within 2km area. If there is a need to do they have to inform the other side. But always precaution shall be taken that no bullets or missile can accidently fall on the other side.
• To strengthen exchange and co-operation between the military force both sides agree to maintain and expand the regime of scheduled and flag meetings between the borders.
• In unavoidable circumstances like natural disaster, personnel should cross the LAC and inform their side as soon as possible of  crossing.
• In any doubt regarding LAC either sides has right to seek a clarification from other side.

 India China Treaty 2013 :-

It was signed on 23 oct 2013. Summary of main points of this treaty are as follow:-

• Two sides shall carry out border defence communication on the basis of their respective laws and relevant bilateral agreement.
• Both sides shall implement border defence co-operation in the ways like exchange information about military exercise ,aircrafts, demolition operation,and unmarked mine. Jointly combat smuggling of arms, wildlife, work with other side in natural disaster or pandemic etc.
• Border defence co-operation visualised in this agreement shall be implemented through flag meetings,Periodic meeting etc.
• Both sides may establish border personnel meeting in all sectors for implementing border defence co-operation.
• To enhance co-operation between border defence force  of two side each may invites other side on festival major national or military days.
• The two side agree that they shall not follow or trail patrols of other sides in area where there is no common understanding of LAC in India China border.
• The two sides agree that if the border defence force of two sides comes to face to face situation in area where there is no common understanding about LAC, Both sides shall exercise maximum self restrain, refrain from any provocation action, not use of force or threat to use of force.

     These all are the summary of keypoints of all treaties. In all these treaties it is clearly written no one can use force or threat to use the force, they shall not follow or trail patrols of other sides in area. If a personnel cross of LAC they shall immediately pull back to the own side. But this all conditions are break by china. So that it creates tensions on border. For the removal of this tension many high level meetings are conducted. But there is no proper result comes out yet.

Supreme Court issues notice to centre government on plea to transfer the PM care fund to NDRF

                                  

         

Supreme court recieve a PIL(Public Interest Litigation) for transfer the fund from PM care fund to NDRF(National Disaster response fund). This PIL is filed by the Parshant Bhushan. Petitoner advocate was senior advocate Dushyant Dave. They seeks for setting up a national plan which is according to the sec 10, and section 11 of Disaster Management 2005.

                        

   NDRF(National Disaster response fund) is not utilised by any authority. The PM care fund is outside the scope of DM. because of this there would not be clearly transparency.Covid-19 is a pandemic and it comes in the combit of DM. So if all fund would transfer than NDRF can more efficiently assist the govt.

      

 Dave said "The matter is overlooked by the Government. The national is suffering immediate intervention of the supreme court is required."

     

 After hearing all the matter Bench of Judges,Justice Ashok Bhushan,S K Kaul and Mr. Shah, issued a notice to center government for reply and submit an affidavit. 

 

Next hearing would be after 4 weeks.

 

Migrant labourer and their fundamental rights during covid- 19 panademic

                                             

              In last 3 month we see the poor condition of migrant labourer. They are the real victim of this lockdown. But the question is arise Covid-19 is a pandemic so lockdown is necessary for the country to save the people so in that condition what we could do for them.On 24th march 2020 our prime minister ordered a nationalwide lockdown. it was ordered that every person must be stay at home.But there are large part of poplulation of india who survive on their daily basis income. They started left their houses and walked towards their native places which was 100 miles far. there were a very touching scenes on the roads. Labourer walked with their small kids with hungry stomach.Some women are pregnant. But they want to go their native place at any cost. Some govt. officer trying to stop them and told them to no to go but they dont want to listen and only want to go their home.They said "Hunger will kill us before corona". This was also true because they earn daily and depend on their daily income. On their ways many sadly incidents were also happened.We also seen some labourer were trying to go their places in trucks. Because they dont have any option. Some are killed in these truck accident.16 migrants are found dead on railway tracks.This pathetic condition of our labourer is the shame of our society. No one will forget these days .

A Big Question- Why This Situation is Arise ?

           Mostly migrant labourer are comes from the hindi speaking belt like uttar pardesh, bihar, Madhya pardesh. They not knows their rights. Beside their legal rights as a labourer they first have the fundamental rights which is provided by our constitution to all the citizens of india.According to that every person has a right to live with dignity, right to freedom, right to equality.Goverments of states are also failed to save their rights . There are no programs run by goverment which can aware labourer about their rights. But there are some legal provisions regarding labourer and laws like labour law.

Legal Provisions regarding migrant labourer:-

According to fundamental rights and directive principle of state policy of indian constitution, it is the responsibility of state to grant the citizen both men and women, the right to adequates means right of livlihood, equal pay of equal work,protection against abuse and exploitation of workers, protection of their health, live with dignity and protection of child etc. Beside there are many act like trade union act 1926, Minimum Wages act 1948,Industrial Dispute Act 1949, Industrial Dispute Decision Act 1955 etc. All these types of law are presented in India . But on this situation nothing was work. 

   In july 2019 the Occupation Safety , Health And Working Condition Code was introduced in Lok Sabha. It replaces 13 labour laws like relating to safety ,health and working conditions. These Laws relating to Factory Act 1948,Mines Act 1952,Docks worker Act 1986,Contract Labour Act 1976, Interstate migrant worker Act1979.According to this code establishments is required to obtain a licence and those wo has not done so , the the migrant labour so engaged through the contractor , shall be deemed to be employee by the principal employer. 

        So if there are many laws then why they are not implemented properly.If the contractor is licenced then why he did not give dislocation allowance to them because of all of this migrant labourer are helpless and start go to their native area on their feet.

    Because of all of this many PIL(Public Interest Litigation) were filed to the Supreme court for to pay attention to the labourer .

   On 26 may 2020 the apex court is issued notices to the central, states and Union territories,seeking replies on step taken to "redeem the miseries of migrant labourer" 

  On 5 june 2020 A bench of justice Ashok Bhushan,SK Kaul and Mr. shah reserved its order on SUO MOTU petition saying its intends to give 15 days to centre and state govt for sending to native places the all migrant workers.

                  NHRC(national human rights commission) filed a plea through Deputy Registrar Sunil Arora for consideration of Apex court in order to Alleviate the plight of migrant worker to ensure that their human rights are not voilated.

     SC  allowed NHRC to intervene in the case related to plight and miseries of standard worker due to pandemic induced national wide lockdown.

      So at last there are many laws present in indian constitution which are very helpful for migrant labourer but the problems is there implementation. Goverment duty is not only to make a new law but applied these laws more efficiently and strictly. Goverments has to run programs for the migrant labourer so that they can aware of their rights and in future we would not seen this pathetic condition of labourer in any situation. they are the pole of our economy. We can not leave them this way. Because of them our economy run smoothly.