Law for engineers

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    Ans 1 (a) – The ICCPR is a key international human rights treaty, providing a rangeof prote tions for ivil and politi al rights! The ICCPR, together "ith the #niversal$e laration of %uman Rights and the International Covenant on & onomi 'o ialand Cultural Rights, are onsidered the International ill of %uman Rights! TheICCPR o ligates ountries that have rati*ed the treaty to prote t and preserve asi

    human rights, su h as+ the right to life and human dignity e-uality efore the la"freedom of spee h, assem ly, and asso iation religious freedom and priva yfreedom from torture, ill.treatment, and ar itrary detention gender e-uality theright to a fair trial, and minority rights! The Covenant ompels governments to takeadministrative, /udi ial, and legislative measures in order to prote t the rightsenshrined in the treaty and to provide an e0e tive remedy! The Covenant "asadopted y the #! ! 2eneral Assem ly in 1344 and ame into for e in 1354! As of $e em er 6718, 145 ountries have rati*ed the Covenant!

    The Covenant in general

    The ICCPR ensures the prote tion of ivil and politi al rights! The Covenant in ludes

    t"o over.ar hing non.dis rimination rights+ arti le 6 guarantees to all individuals,"ithin a 'tate party9s territory and su /e t to its /urisdi tion, that the rightsenshrined in the ICCPR "ill e respe ted and ensured "ithout distin tion of any kindsu h as ra e, olour, se:, language, religion, politi al or other opinion, national orso ial origin, property, irth or other status and arti le 8 guarantees the e-ual rightof men and "omen to en/oy all the ivil and politi al rights ontained in theCovenant! The rights enshrined in the ICCPR in lude+ the right to life (arti le 4)freedom from torture (arti le 5) the right to li erty and se urity of person (arti le3) the rights of detainees (arti le 17) the right to a fair trial (arti le 1;) the right topriva y (arti le 15) freedom of religion (arti le 1

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    The Covenant follo"s the stru ture of the #$%R and the ICCPR, "ith a pream le andthirty.one arti les, divided into *ve parts! @18

    Part 1 (Arti le 1) re ognises the right of all peoples to self.determination , in ludingthe right to Efreely determine their politi al statusE, @1; pursue their e onomi , so ial

    and ultural goals, and manage and dispose of their o"n resour es! It re ognisesa negative right of a people not to e deprived of its means of su sisten e, @1= andimposes an o ligation on those parties still responsi le for non.self governing andtrust territories ( olonies) to en ourage and respe t their self.determination! @14

    Part 2 (Arti les 6–=) esta lishes the prin iple of Eprogressive realisationE – seeelo" ! It also re-uires the rights e re ognised E"ithout dis rimination of any kind

    as to ra e, olour, se:, language, religion, politi al or other opinion, national orso ial origin, property, irth or other statusE! @15 The rights an only e limited yla", in a manner ompati le "ith the nature of the rights, and only for the purposeof Epromoting the general "elfare in a demo rati so ietyE! @1<

    Part 3 (Arti les 4–1=) lists the rights themselves! These in lude rights to

    • "ork, under E/ust and favoura le onditionsE, @13 "ith the right to form and /ointrade unions (Arti les 4, 5, and

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    >any of these rights in lude spe i* a tions "hi h must e undertaken to realisethem!

    Part 4 (Arti les 14–6=) governs reporting and monitoring of the Covenant and thesteps taken y the parties to implement it! It also allo"s the monitoring ody –

    originally the #nited ations & onomi and 'o ial Coun il – no" the Committee on& onomi , 'o ial and Cultural Rights – see elo" – to make generalre ommendations to the # 2eneral Assem ly on appropriate measures to realisethe rights (Arti le 61)

    Part 5 (Arti les 64–81) governs rati* ation, entry into for e, and amendment of theCovenant!

    Ans! 6 (a) –

    Colle tive argaining is the negotiation pro ess that takes pla e et"een anemployer and a group of employees "hen ertain issues arise! The employees relyon a union mem er to represent them during the argaining pro ess, and thenegotiations often relate to regulating su h issues as "orking onditions, employeesafety, training, "ages, and layo0s! Fhen an agreement is rea hed, the resultingG olle tive argaining agreement,H or GC A,H e omes the ontra t governingemployment issues! To e:plore this on ept, onsider the follo"ing collectivebargaining de*nition!

    Noun

    egotiation of issues or onditions of employment y an organi?ed ody of employees and the employer!

    Colle tive argaining Pro ess –

    The olle tive argaining pro ess involves *ve ore steps+

    1! Preparation – Choosing a negotiation team and representatives of oth the

    union and employer! oth parties should e skilled in negotiation and la or

    la"s, and oth e:amine availa le information to determine "hether they have

    a strong standing for negotiation!

    6! Discussion – oth parties meet to set ground rules for the olle tive

    argaining negotiation pro ess!

    https://en.wikipedia.org/wiki/United_Nations_Economic_and_Social_Councilhttps://en.wikipedia.org/wiki/UN_General_Assemblyhttp://legaldictionary.net/collective-bargaining/$$$url$$$https://en.wikipedia.org/wiki/United_Nations_Economic_and_Social_Councilhttps://en.wikipedia.org/wiki/UN_General_Assemblyhttp://legaldictionary.net/collective-bargaining/$$$url$$$

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    8! Proposal – oth representatives make opening statements, outlining options

    and possi le solutions to the issue at hand!

    ;! Bargaining – ollo"ing proposals, the parties dis uss potential ompromises,

    argaining to reate an agreement that is a epta le to oth parties! Thise omes a GdraftH agreement, "hi h is not legally inding, ut a stepping stone

    to oming to a *nal olle tive argaining agreement!

    =! Final Agreement – Dn e an agreement is made et"een the parties, it must

    e put in "riting, signed y the parties, and put into e0e t!

    Ans ! 6 ( ) –

    Atta hed pdf

    Ans! 8 (a) – The DJ ial 'e rets A t 1368 is India s anti espionage ('pyE and E'e retagentE) a t held over from ritish olonisation ! It states learly that any a tion"hi h involves helping an enemy state against India! It also states that one annotapproa h, inspe t, or even pass over a prohi ited government site or area!A ording to this A t, helping the enemy state an e in the form of ommuni atinga sket h, plan, model of an oJ ial se ret, or of oJ ial odes or pass"ords, to theenemy! The dis losure of any information that is likely to a0e t the sovereignty andintegrity of India, the se urity of the 'tate, or friendly relations "ith foreign 'tates,is punisha le y this a t!

    Prosecution and penalties

    Punishments under the A t range from three to fourteen years imprisonment! Aperson prose uted under this A t an e harged "ith the rime even if the a tion"as unintentional and not intended to endanger the se urity of the state! The A tonly empo"ers persons in positions of authority to handle oJ ial se rets, andothers "ho handle it in prohi ited areas or outside them are lia le for punishment!

    In any pro eedings against a person for an o0en e under this A t, the fa t that hehas een in ommuni ation "ith, or attempted to ommuni ate "ith a foreignagent, "hether "ithin or "ithout India is relevant and enough to ne essitate

    prose ution! Bournalists also have to help mem ers of the poli e for es a ove therank of the su .Inspe tor and mem ers of the Armed for es "ith investigationregarding an o0en e, up to and in luding revealing his sour es of information (If re-uired)!

    #nder the A t, sear h "arrants may e issued at any time if the magistrate feelsthat ased on the eviden e in front of them there is enough danger to the se urityof the state!

    https://en.wikipedia.org/wiki/Indiahttps://en.wikipedia.org/wiki/Indiahttps://en.wikipedia.org/wiki/Colonisationhttps://en.wikipedia.org/wiki/Indiahttps://en.wikipedia.org/wiki/Colonisation

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    #ninterested mem ers of the pu li may e e: luded from ourt pro eedings if theprose utions feels that any information "hi h is going to e passed on during thepro eedings is sensitive! This also in ludes media so the /ournalists "ill not eallo"ed to over that parti ular ase!

    Fhen a ompany is seen as the o0ender under this A t, everyone involved "ith themanagement of the ompany in luding the oard of dire tors an e lia le forpunishment! In the ase of a ne"spaper everyone in luding the editor, pu lisherand the proprietor an e /ailed for an o0en e! D'A is ontroversial to the modernRTI a t 677=!

    Ans! ; – The Copyright A t, 13=5 (as amended y the Copyright Amendment A t6716) governs the su /e t of opyright la" in India ! The history of opyright la" inIndia an e tra ed a k to its olonial era under the ritish &mpire ! The CopyrightA t 13=5 "as the *rst post.independen e opyright legislation in India and the la"has een amended si: times sin e 13=5! The most re ent amendment "as in theyear 6716, through the Copyright (Amendment) A t 6716!

    India is a mem er of most of the important international onventions governing thearea of opyright la", in luding the erne Convention of 1