One of the most important pieces of social security law is the Workmen Compensation Act of 1923.
The act intends to give financial protection to employees and their families through compensation in the event of an accident at work that results in the worker's death or disablement.
Certain features of the Workmen Compensation Act 1923 and the significance of the child marriage restraint act 1929 are examined in depth in this article.
Applicability of the act
The Workmen Compensation Act covers the following:
The Workmen Compensation Act covers the following:
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It covers workers in factories, mines, ports, construction sites, plantations, oilfields, and other workplaces mentioned under Schedule II of the Employee's Compensation Act.
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It pertains to people hired to work in another country and is employed outside of India, as defined in Schedule II of the Act.
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It covers anyone hired as a driver, helper, mechanic, cleaner, or other members of a motor vehicle's crew, as well as a captain or other member of an aircraft's crew.
Liability of employers for compensation
Under the following conditions, an employer is liable to pay compensation to an employee under the workmen compensation act 1923:
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Personal injury caused by accident: If a worker suffers a personal injury due to an accident while employed, the employer is responsible for compensating him.
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Occupational diseases: people who work in certain occupations are at risk of contracting diseases specific to that occupation.
An employer is exempt from paying workers compensation in the following conditions:
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In the event of an injury that does not result in the workers being wholly or partially disabled for more than three days
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In the event of a non-fatal or permanent total disability injury caused by an accident that is directly due to the following:
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a worker present at the time of the accident while under the influence of alcohol or drugs
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The willful disobedience of a worker to an expressly issued instruction or to a set of rules enacted to ensure the safety of workers
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The workman's intentional removal or contempt of any safety guard or other device that he knew was provided to ensure the safety of workers.
Determination of compensation
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In the instance of a permanent total disablement as a result of an injury
An amount equal to 60 % of the injured workers' monthly wages multiplied by the necessary multiplier, or $90,000 or more.
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In the event of a permanent partial disability as a result of an injury
In the case of an accident listed in part II of schedule I, the compensation awarded in the event of permanent total disability is defined as the percentage of the loss of earning capacity caused by that injury.
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In the event of a temporary disability caused by an injury
Half-weekly payment equals 25% of the workers' monthly salaries, to be paid under section 4 (2) requirements.
Significance of Child Marriage Restraint Act
The Child Marriage Restraint Act 1929 was India's first organised women's group to take on a social reform problem. By picketing their delegates, carrying placards, and yelling slogans, this group forced numerous legislators to support the measure. They hoped that by passing this act, India would demonstrate to the rest of the world that it is serious about social reform.
Women in India rejected the ancient Shastras’ double standards by supporting this deed. The women's organisation brought liberal feminism to the forefront by declaring that they would begin to draught their laws, free of male control. Although this was a triumph for India's women's movement, the legislation was a complete failure.
According to Jawaharlal Nehru, this was primarily due to the British colonial government's failure to raise awareness of the issue, particularly in India's smaller cities and villages.
These communal groupings were the only parties in India that accepted British rule in the 1930s. The British government didn’t want to lose the support of its citizens. As a result, instead of focusing on blocking the Indian freedom movement, they avoided enacting this and related social reforms. As a result, the infamous "Dual Policy" thwarted any major social transformation in India.
To Conclude:
The Workmen Compensation Act 1923 is one of India's first social security laws, designed to require employers to pay compensation to injured employees or their dependents in the event of death. Injuries and accidents (including certain occupational diseases) arising out of and in the course of employment, resulting in partial or total disablement, or death, are covered by this act.
