Discrimination against Workers under the Special Economic Zones Act, 2005 - A Hindrance to India’s Development

Shatadru Chakraborty, NALSAR University of Law

25 August 2008, 1030, Moot Court

The second essay of the first session shifts to one of the world’s largest labour forces - India. Although focus on labour laws differs from country to country, India’s active unions and socialist laws provide an interesting background for Shatadru’s evaluation of a recent piece of legislation in India. Oppression, equality and rights are often prominent themes in labour law, so come down to the Symposium and take a look for yourself!

Abstract

Worker’s rights in India are traditionally protected through a web of pre- and post-colonial legislations. The Special Economic Zones Act, 2005 enacted by the Indian Parliament and the concomitant rules framed by the Central Government create a differential regime for worker’s in SEZ’s. This discrimination against worker’s employed in these zones through relaxation in labour laws is sought to be justified as a means of furthering the country’s economic growth. Such a justification is however mistaken as both the competing theories of development, the capabilities approach and the reformed neo-classical approach recognize disregard for core worker’s rights as a hindrance rather than a help to development. Compromise on rights of worker’s is a global problem, prevalent in varying degrees throughout the developing world. In the absence of an effective enforcement mechanism under the ILO and human rights treaties, a solution is sought in the emerging transnational labour movement.

Shatadru is a fourth year student from the NALSAR University of Law who is interested in public international law and maritime law. In his free time, Shatadru enjoys reading, watching movies, listening to music and debating on social issues.

It’s been more than two years since the NUS Law School moved to its Bukit Timah campus, but some visitors might need more directions to get here (since it’s hiding on top of a hill behind the Botanic Gardens). This page should hopefully provide good directions for you whatever your preferred mode of transport.

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After more than 4 months since announcing the competition, the SLR has brought together the best and most interesting pieces on Discrimination together for the International Writing Symposium, to be held at the Moot Court on 25 and 26 August 2008. It promises to be an event for law undergraduates in Singapore with many events planned alongside the judging of the shortlisted entries.

International Writing Symposium

The SLR is proud to be able to bring essays from almost every part of the world that is sure to excite and interest law students. From essays that discuss issues close to the heart of Singaporeans (such as James Little’s essay comparing Freedom of Religion with Freedom from Discrimination) to themes that are fascinating and able to offer a different perspective to how we approach Discrimination (such as Emmi Okada’s essay on Indigenious peoples and the law as well as Dhanda Jujhar’s piece on UK’s approach to discrimination in the workplace based on Sexual Orientation), there is something for everyone in the SLR Symposium.

Also included in the Symposium is a special session focused on Discrimination on Women and Children. The essays slated for this session are Johanna Lorenzo’s piece on how a de facto ban on contraceptives discriminate against women in the Philippines, NUS’s Nik Sim and Amardeep Singh’s piece on the Battered Woman Syndrome and Anjana Agrawal’s essay on family planning policies in India and China and how they discriminate against girls in those countries.

Those interested in attending may refer to the Timetable, the Posters around the NUS Law School or the Programme books available during the event to see which presentations are on which time and attend the ones they would like to hear. Attendees will have the opportunity to meet and discuss the issues and solutions presented by the contestants (who knows, your question may sway the judges opinion on the contestant’s piece!). Refreshments will be provided at all sessions of the Symposium, so do come down, even if all you want to do is to listen to something new and interesting!

Juris Illuminae

The newest issue of the SLR’s Juris Illuminae centers around Discrimination — the theme of the inaugural International Writing Symposium. Besides featuring some of the contestants you will meet in the Symposium, this issue of Juris also has write ups on Discrimination such as a comparison between Singapore and Hong Kong’s approach to gender orientation discrimination in the media, how discrimination might rear its head in the Horizon Towers case and an Interview with Ast/Prof Arun Thiruvengdam on Constitutional Law and Equality. Look out for it in your mail boxes late next week!

Closing Ceremony

We are honoured to have Judge of Appeal V.K. Rajah as our guest of honour to close the inaugural International Writing Symposium. We will be presenting the winners of the Symposium in this ceremony and (if not for the free food) students are strongly encouraged to attend to witness the proceedings and interact with the guests and contestants.

SLR IWS Sponsors TS Oon and Bazul will also be hosting a pre-ceremony tea to meet students. Come down to meet lawyers from this dynamic and fast-growing firm.

Website

The SLR IWS Website (this one you’re reading now) will be featuring the contestants day by day in the countdown to the Symposium. The website will also be updated with soft copies of the posters and programme book for download.

The Website also contains directions to the Moot Court (the main venue of the Symposium) and other useful information in its downloads.

The Singapore Law Review International Writing Symposium is organised by the Singapore Law Review, a Law Club sub-club in the National University of Singapore. The Symposium is proudly supported by the National University of Singapore Law Faculty, the Singapore Academy of Law and TS Oon and Bazul.