The Workmen Compensation Act 1923 is an old but essential law because it established a social security system for the country's workers. It allows an employee and his dependents to receive compensation for work-related injuries at his employer's expense in the event of his death.
This article explains the basics of the workers compensation act 1923 and the formation of the child marriage restraint act 1929.
The objective of the act
The workmen compensation act aims to allow certain companies to compensate their workers for injuries incurred due to an accident while on the job. If a worker acquires an occupational sickness while on the job, the Act treats it as an accident-related ailment.
Nature of liability
Consider what would happen if an employee putting in long hours and receiving excellent perks learned that he/she will not get any compensation. People, after all, are prone to doing something for the sake of receiving something in return.
When the vicarious liability concept is applied, the employer is responsible to pay compensation regardless of his or her own negligence. The employer expects it to be compensation for the employees, but it is actually a relief for them.
When employees are injured due to an accident or other unavoidable circumstances while on the job, the employer is held accountable. The question is whether a part-time employee is still eligible for the Act's benefits. Yes, workmen compensation act benefits will still be available to the employer.
Various requirements must be met to be eligible for benefits under the workmen compensation act 1923:
- You must be a Company or Organization employee.
- You must have been wounded at work or had a job that was hazardous to your health.
Principles governing compensation
So, now the question comes: who will receive compensation on behalf of the deceased? The following person can receive the compensation:
- Compensation is due to a widow, a minor who is a legal son or daughter, or a widowed mother.
- If the deceased's family is entirely reliant on the employee's earnings at the time of his death, or if a son or daughter has reached the age of eighteen;
- A widower;
- A parent who isn't a widowed mother;
- If married and a minor, or
- if a minor and widowed,
- an illegitimate son,
- an unmarried illegitimate daughter, or a daughter illegitimate or legitimate or adopted;
- If a minor, a minor brother, an unmarried sister, or a widowed sister;
- A daughter-in-law who is widowed;
When the employer does not have to pay compensation
- If the employee is not completely or partially disabled for more than three days as a result of the injury
- If the harm did not result in death or permanent total disability and is directly caused by:
- An employee who was under the influence of alcohol or drugs at the time of the accident;
- Willful removal or disobedience by an employee of any safety guard or other device established to ensure employee safety
Formation of child marriage restraint act
Several bills concerning the age of consent were introduced in Indian legislatures, but all failed.
The All India Women's Conference, National Council of Women, and Women's Indian Association, in India formulated and stated the case for raising the marriage and consent age before the Joshi Committee through their members.
Even though they knew that Muslim Ulemas they would face criticism from, Muslim women expressed their opinions to the Joshi Committee to lift the marriage age restriction.
On June 20, 1929, the Joshi Committee's report was given, and the Imperial Legislative Council passed it on September 28, 1929.
On April 1, 1930, the child marriage restraint act 1929 became law after Lord Irwin's consent, extending to British India. The act established the marriageable ages of 14 and 18 for girls and boys of all communities and later revised to 18 for girls and 21 for boys.
To Conclude:
The Workmen compensation act 1923 primarily gets designed to protect employees by allowing them to seek compensation from their employers for medical expenses incurred due to an accident. Employees' rights are safeguarded by this statute, even if they become disabled or die due to a workplace accident.
