ANSWER TO QUESTION OF NON-DEMOCRATIC, BLACK MAILING, BY-PASSING PARLIAMENT ETC ETC ON ANNA's MOVEMENT AGAINST CORRUPTION...

Some of the issues like by-passing the parliament, non-democratic approach, black mailing etc have been raised by various people. I have following to say on this:

1. The Jan lokpal committee is having 10 members, 5 from Govt and 5 from Civil Society. These people are there to draft the bill and finally it will be passed in the parliament.

          THEN WHERE IS THE QUESTION OF BY-PASSING THE PARLIAMENT?

1. The hunger strike is considered as non-democratic approach / black mailing.     I have following to say on these two words:

Gujarat Steel Tubes v. Its Mazdoor Sabha AIR 1980 SC 1896, where the right to strike was held as integral to collective bargaining and as supported by social justice.

WE ARE ALSO FIGHTING FOR THE SOCIAL JUSTICE WITH COLLECTIVE BARGAINING POWER. SO WHERE IT IS NON-DEMOCRATIC OR BLACKMAILING?

Also, in the B.R. Singh v. Union of India (v) case, the court ruled in favour of the striking party, and Justice Ahmadi said "The Trade Unions with sufficient membership strength are able to bargain more effectively with the management than individual workmen. The bargaining strength would be considerably reduced if it is not permitted to demonstrate by adopting agitational methods such as 'work to rule', 'go-slow', 'absenteeism', 'sit-down strike', and 'strike'. This has been recognized by almost all democratic countries".

THIS IS ANOTHER RULING JUSTIFYING THE STRIKE. ALSO IT IS MENTIONED THAT THE STRIKE HAS BEEN RECOGNIZED BY ALMOST ALL DEMOCRATIC COUNTRIES.

Indian laws comprising sections 22, 23, and 24 of the Industrial Disputes Act, 1947 imply that industries, such as hospitals, government departments, educational institutions and clubs, have the right to strike.

The Trade Unions Act, 1926 also recognized the right to strike, with Sections 18 (xiii) and 19 (xiv) conferring immunity to trade unions from civil liability.

IS THE INDIAN ACTS ARE  NON-CONSTITUNAL?

Most of the political parties adopting the route of strike / bundh to force their demands to the ruling party.

THAT MEANS EVERY POLITICAL PARTY IS ADOPTING THE APPROACH, WHICH IS NON-DEMOCRATIC AND BLACK MAILING. SO WHAT IS THE WRONG BEING DONE BY INDIAN PUBLIC?

Friends these issues are raised at various places / forums. The main intention is to de-retail the movement.

I request all of them to have a copy of above text and post these text against each blog / news item, article etc, which are raising the issue of by-passing parliament, non-democratic, black mailing etc etc.

JAI HIND

Praveen Varma