Final Project On Strikes Should Be Banned In India.docx

PROJECT SUBMITTED IN PARTIAL FULFILMENT OF REQUIREMENTS B.B.A., LL.B. (Hons.)

TOPIC: Against: Strikes should be banned in India SUBMITTED BY: Mihir Mehra A054 OPPOSITION REPRESENTATIVE: Surya Ramesh SUBMITTED TO: Prof. Rakesh Nambiar

INTRODUCTION: A refusal to work organized by a body of employees as a form of protest, typically in an attempt to gain a concession or concessions from their employer is called as strike. Strike is a main source for common people in order to achieve their demand. It makes the company’s head to revive their strategy and make the working conditions better. It also makes the government understand that the policies implemented are not beneficial to the common people which should be changed or modified as per their needs. With the help of strike no person can dominate the other person in any form of conduct or activity. In a democratic country like India this strike help them to avail their basic rights. Strikes occur in both public as well as private sector. The industries should give equal justice to their trade unions, employees and other workers as they are working with an intention of a common goal. Without strike India would have never attained freedom. Strike can be in both the ways Destructive or Peaceful. It depends on the people mindset on how they are disappointed with the ongoing aspect and how they want to curtail them. Strikes first occurred in the mid-19th century, and have characterised many historically important strikes in various different countries. The lists are as follow: In PORTUGAL, a general strike has been called by the federation of public labour unions to avert austerity measures. In HONDRAS, a general strike has been called by Union workers, farmers and other organisations demanding better education, an increase in the minimum wage and against fuel price hikes. In YEMEN, a general strike has been called by protesters to protest the presidency of that country. In ALGERIA, public sector workers have mounted a general strike for higher wages and improved working conditions.

PRAMANAS: ANUMANA: This is the source of evidence that I have used. Literally translated the word anumana means ‘knowing after’. It means the method by which knowledge is derived from another knowledge. It is an indirect, mediate knowledge. We have knowledge of an invariable relationship between two things and on that basis while seeing one we deduce the presence the other. Thus anumana refers to the logical process of gaining knowledge. The knowledge thus gained is called inferential knowledge or the logical deduction. The nearest word to anumana is inference. We say it is nearest word simply because of a slight difference between the exact process of logical deduction in Eastern thought as compared to the Western system of logical deduction.

ARGUMENTS: 1. Strike act as a SHIELD for the people to protect themselves. People have a feeling of security in their mind that there is always a remedy of their problems. They have a feeling of satisfaction amongst them. 2. Banning of strikes will not be a wise decision as they are the medium of communication for a large pool of employees, particularly labourers, wage earners and other sections of employees who don't have a large influential power on management. Thus trade unions are helpful in putting their demands like hike in wages, leave issues, hire and fire directly to the management. As the industrialization is increasing, organizations are increasing in size, therefore it’s not possible for management to approach each and every employee to solve their grievances and therefore trade unions are suitable platforms for such people. 3. India is a democracy!! And our Constitution gives us the right to freedom of expression. So, in general, to ban strikes would not be correct. India has a large population. And since a large population will have all kinds of people, sometimes such things are bound to be misused. So just because some people misuse it, others cannot be denied their basic rights. 4. If there are no strikes then the workers would be forced to switch to some another job. Workers have specific skills and relationships formed over the course of their careers to carry out what they do, and they can’t just get identical jobs elsewhere at the drop of a hat. 5. Places where there are no strong labour unions there the workers are often exploited. Due to weak union their demands are not heard or given any kind of importance. Workers are forced to accept the wages or commands of the higher authority. The workers can just crib but they cannot precede any action against them. 6. Strike enables that the living and the working condition of the people who are conducting strike are maintained in that particular STATE or that particular COUNTRY.

COUNTER ARGUMENTS: 1. Rather than damaging the economic growth of our country it strengthens the economic position of the common people who are afraid to raise their voice against the higher authority which ultimately leads to economic growth of the country. If their reasonable rights are fulfilled neither the strikes would happen nor the investors will feel insecurity on pulling out the investments. 2. If there is a ruling party in a democratic country then there has to be an opposition party for it. If the decisions taken by the ruling party is incapable to meet the needs of the people then definitely there has to be agitation against it. Political party doesn’t motivate them but they help them by providing basic necessities that people require to conduct strike. 3. No strike can cause loss to workers for indefinite period. Strikes are always conducted within a definite period. People are already suffering from low wages. Due to inflation the remuneration that they are getting is insufficient for their family needs. So rather than sitting back they should raise their voice against the higher authority or the Government and get justice. 4. Strikes happen because people aren't satisfied, freedom to demand is like a spring, harder you press it, harder it will recoil, so people should be allowed to protest, they'll do it peacefully, and that won't give rise to a violent one

CONCLUSION: STRIKES are a good thing. They are an index of freedom in advanced industrial societies. Strikes can shake the world or nations at any rate. STRIKE is a form of STYAGRAHA which was said by Mahatma Gandhi. Strikes have been around since the dawn of organized labour. Employers have been abusing workers for ages and will continue to do so if the provision of strike is abolished from the constitution. Strikes are the only leverage that the working class has against their rich employers who have the money to pay off politicians and thug strike breakers. Banning strikes would ultimately be going against the constitution of the country. If there are no strikes the controversies of the news channel, debate in the parliament and lawyer profession would definitely suffer a setback. Banning Strike is like breaking the back bone and asking the person to run faster which is impossible in this country. STRIKE is indeed a weapon of the disrupted workers. Whenever industrial authority tortures workers to work inhumanly and deprive them from their financial support, helpless workers will be speechless audience due to social and financial impact of the management authority. Growth of economy does mean growth of garner of country with people from different sectors. If workers are deprive of their financial justice, their children will suffer from lack of nutrition, education etc. Food, cloth, home is man's primitive demand. If they deprived of it, they cannot work most efficiently. Then also industrial product will be less than the previous. So growth of economy will be victim of it. We also keep in mind that workers are not like commodities sold in the market. They also have their right to protest against injustice.

BIBLIOGRAPHY:     

http://www.city-data.com/forum/economics/369172-strikes-good-bad-whats-yourtake.html http://timesofindia.indiatimes.com/edit-page/Bandhs-should-bebanned/articleshow/2447200.cms http://www.in-debate.com/2011/11/the-use-of-strikes/ http://www.investopedia.com/financial-edge/1112/is-striking-the-best-option.aspx https://www.indiabix.com/group-discussion/banning-of-trade-unions-will-bebeneficial-in-growth-of-the-economy/