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Bengaluru, June 12: The Karnataka government has withdrawn its notification that allowed factories to extend working hours up to 10 hours a day and 60 hours a week, with immediate effect.

The extension of work hours was from eight hours a day and 48 hours a week. On May 22, the government had exempted all the factories registered under the Factories Act, from the provisions of Section 51 (weekly hours) and Section 54 (daily hours), till August 21 subject to certain conditions.

"Whereas, having examined the provisions further, the Government of Karnataka now intends to withdraw the said notification," the state government in a fresh notification dated June 11 said.

It said, "Therefore, in exercise of the powers conferred under Section 5 of Factories Act, 1948 (Act No. 63 of 1948), the Government of Karnataka hereby withdraws the Notification dated 22-05-2020 with immediate effect."

According to the Karnataka Employers' Association, a petition was filed in the High Cour challenging the May 22 notification as "illegal, arbitrary and in violation" of Section 5 of the Factories Act which permits exemption from any of the provisions of the Factories Act only in case of Public Emergencies'.

During the course of hearing on June 11 an observation was made by the High Court, that it may have to quash the notification unless the government clarifies as to what is the 'Public Emergency' involved to enhance the working hours by exempting some provisions of the Factories Act, it said.

The court further observed that the government should make a submission on June 12 in this behalf. However, the government withdrew the notification on June 11 itself. Recently states like Rajasthan and Uttar Pradesh too had retracted after permitting extending work hours.

A 53-year-old Indian worker in the UAE has missed a special repatriation flight after he dozed off at the Dubai International Airport, a media report said.

P Shajahan, who worked as a storekeeper in Abu Dhabi, was supposed to fly to Thiruvananthapuram on the Emirates jumbo jet chartered by the Kerala Muslim Cultural Centre (KMCC) Dubai, Gulf News reported.

It was the first-ever jumbo jet chartered for repatriation.

Shajahan, who had paid 1,100 dirham (USD 300) for the ticket, said that he did not sleep on the previous night as he kept on waiting for the confirmation of his ticket for the jumbo jet flying 427 stranded Indians to Kerala, it said.

He reached the airport early in the morning and after finishing the check-in procedures and rapid test, he reached the waiting area of the boarding gate at Terminal 3 around 2 PM local time, the report said.

“I sat away from most of the others. But I fell asleep after 4.30 PM,” he said.

S Nizamudeen Kollam, who coordinated the charter flight, said that the airline officials could not trace Shajahan when the flight was to take off.

“He woke up and called us after the flight left. It is sad that he missed the flight, which was the first-ever jumbo jet chartered for repatriation. We are now trying to send him on another Emirates flight that we are chartering on Saturday,” Kollam said.

Since Shajahan did not have any money, Jasimkhan Kallambalam, organising secretary of KMCC Thiruvananthapuram, went to the airport to meet him on Friday.

“Since his visa was cancelled, he could not come out of the airport. He had only eaten the snacks in the kit KMCC had given. We managed to give him some cash for buying food through KMCC volunteer Alamsha Latheef,” Kallambalam said.

In March, another Indian expat had fallen asleep in the same terminal and missed the last flight home before flights were suspended due to the COVID-19 pandemic.

He was stranded here for over 50 days before getting repatriated.

In the wake of Citizenship Amendment Act (CAA) UN High Commissioner, Michele Bachelet, has filed an intervention in the Supreme Court petition challenging the constitutionality of the Citizenship Amendment Act, as she is critical of CAA. Responding to her, India’s Foreign Minister S. Jai Shanker strongly rebutted her criticism, saying that the body (UNHCR) has been wrong and is blind to the problem of cross border terrorism. The issue on hand is the possibility of scores of people, mainly Muslims, being declared as stateless. The problem at hand is the massive exercise of going through the responses/documents from over 120 crore of Indian population and screening documents, which as seen in Assam, yield result which are far from truthful or necessary.

The issue of CAA has been extensively debated and despite heavy critique of the same by large number of groups and despite the biggest mass opposition ever to any move in Independent India, the Government is determined on going ahead with an exercise which is reminiscent of the dreaded regimes which are sectarian and heartless to its citizens, which have indulged in extinction of large mass of people on grounds of citizenship, race etc. The Foreign minister’s assertion is that it is a matter internal to India, where India’s sovereignty is all that matters! As far as sovereignty is concerned we should be clear that in current times any sovereign power has to consider the need to uphold the citizenship as per the principle of non-discrimination which is stipulated in Art.26 of the International Covenant on Civil and Political (ICCPR) rights.

Can such policies, which affect large number of people and are likely to affect their citizenship be purely regarded as ‘internal’? With the World turning into a global village, some global norms have been formulated during last few decades. The norms relate to Human rights and migrations have been codified. India is also signatory to many such covenants in including ICCPR, which deals with the norms for dealing with refugees from other countries. One is not talking of Chicago speech of Swami Vivekanand, which said that India’s greatness has been in giving shelter to people from different parts of the World; one is also not talking of the Tattariaya Upanishad’s ‘Atithi Devovhav’ or ‘Vasudhaiva Kutumbkam’ from Mahaupanishad today.

What are being talked about are the values and opinions of organizations which want to ensure to preserve of Human rights of all people Worldwide. In this matter India is calling United Nations body as ‘foreign party’; having no locus standi in the case as it pertains to India’s sovereignty. The truth is that since various countries are signatories to UN covenants, UN bodies have been monitoring the moves of different states and intervening at legal level as Amicus (Friend of the Court) to the courts in different countries and different global bodies. Just to mention some of these, UN and High Commissioner for Human Rights has often submitted amicus briefs in different judicial platforms. Some examples are their intervention in US Supreme Court, European Court of Human Rights, International Criminal Court, and the Inter-American Court of Human Rights. These are meant to help the Courts in areas where UN bodies have expertise.

 Expertise on this has been jointly formulated by various nations. These interventions also remind the nations as to what global norms have been evolved and what are the obligations of individual states to the values which have evolved over a period of time. Arvind Narrain draws our attention to the fact that, “commission has intervened in the European Court of Human Rights in cases involving Spain and Italy to underscore the principle of non-refoulement, which bars compulsory expulsion of illegal migrants… Similarly, the UN has intervened in the International Criminal Court in a case against the Central African Republic to explicate on the international jurisprudence on rape as a war crime.”

From time to time organizations like Amnesty International and Human Rights Watch have been monitoring the status of Human rights of different countries. This puts those countries in uncomfortable situation and is not welcome by those establishments. How should this contradiction between ‘internal matter’, ‘sovereignty’ and the norms for Human rights be resolved? This is a tough question at the time when the freedom indices and democratic ethos are sliding downwards all over the world. In India too has slid down on the scale of these norms.

In India we can look at the intervention of UN body from the angle of equality and non discrimination. Democratic spirit should encourage us to have a rethink on the matters which have been decided by the state. In the face of the greatest mass movement of Shaheen bagh, the state does need to look inwards and give a thought to international morality, the spirit of global family to state the least.

The popular perception is that when Christians were being persecuted in Kandhmal the global Christian community’s voice was not strong enough. Currently in the face of Delhi carnage many a Muslim majority countries have spoken. While Mr. Modi claims that his good relations with Muslim countries are a matter of heartburn to the parties like Congress, he needs to relook at his self gloating. Currently Iran, Malaysia, Indonesia and many Muslim majority countries have spoken against what Modi regime is unleashing in India. Bangladesh, our neighbor, has also seen various protests against the plight of Muslims in India. More than the ‘internal matter’ etc. what needs to be thought out is the moral aspect of the whole issue. We pride ourselves in treading the path of morality. What does that say in present context when while large section of local media is servile to the state, section of global media has strongly brought forward what is happening to minorities in India.   

The hope is that Indian Government wakes up to its International obligations, to the worsening of India’s image in the World due to CAA and the horrific violence witnessed in Delhi.