scholarly journals Social Justice and Inclusion Within the Right-based Universal Workfare Programme with Self-selection: Lessons and Ways Forward from the Participation of SCs and STs in MGNREGA in Karnataka

2020 ◽  
Vol 6 (1) ◽  
pp. 24-55
Author(s):  
Sanjiv Kumar ◽  
S. Madheswaran ◽  
B. P. Vani

MGNREGA is a right-based universal, demand-driven workforce programme with self-selection, providing 100 days of guaranteed employment and productive asset to the poor households (HHs). Its universalism assured unlimited resources to satisfy any demand and hard manual labour ensured that only poor would like to access it by design. The programme earmarked 33 per cent share for women but did not as a right or policy incorporate any definite share or affirmative action for the Scheduled Castes/Scheduled Tribes (SCs/STs) like other flagship programmes of Pradhan Mantri Awas Yojana (PMAY) or Deen Dayal Upadhyaya Grameen Kaushalya Yojana (DDU-GKY). In the light of the above paradigm, this study explores as to how far this programme had accommodated the interests and requirements of the SCs/STs in Karnataka, providing equitable wage work and productive sustainable assets by building their awareness, providing them equitable space in participatory planning and grassroots monitoring, augmenting their capability to demand work and enabling them to self-select, and in case of breach of their rights approaching accountability through social audit or Ombudsman. The study finds low awareness, low grassroots participation in planning and monitoring, and inequitable participation of SCs/STs in both wage employment and assets. The study finds exclusion of SCs/STs from the assets sharper and more pronounced than their exclusion in wage employment. The study finds evidence that a right-based workfare programme with self-selection alone was incapable of being a substitute for earmarking (reservation, affirmative action) and protecting the interests of SC/ST HHs. The study finds that promotional goals included in the guidelines do not by themselves translate into formal actions, monitorable outputs and outcomes. Our primary data also show that the socio-economic and political predicament of SC/ST HHs justified a case for definite affirmative action for them. The study gathers primary and secondary evidences to show that in Karnataka, the programme failed the test of social justice and inclusion proportionate to the disabilities and need of SCs/STs and required immediate attention and policy responses.

2021 ◽  
pp. 097226612110055
Author(s):  
Sanjiv Kumar ◽  
S. Madheswaran ◽  
B. P. Vani

Forerunning programmes of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), which were designed as poverty elimination programmes, took notice of geographical pockets of poverty and incorporated formula-based fund allocation mechanisms to poorer states and regions. The MGNREGA programme, in contrast, used a right-based ‘self-selection’ approach— relying on the initiative of households’ demand-driven strengths—to allocate need-based resources to states and regions within states. This article examines how well the demand-driven, right-based programme with self-selection allocated resources to states and regions according to their respective needs, and to what extent the benefits reached the poverty pockets and catered to the poorest, weakest and neediest households. We find that adequate resources did not reach the poorest states and regions, substantial numbers of poor households remained outside the programme or were deemed underserved, and there was a pronounced programme capture by elite states. The article explores causes and consequences of capacity limitations and low absorption pulls among states, and points to policy implications and ways forward.


2021 ◽  
Vol 2 (1) ◽  
pp. 30-39
Author(s):  
Irwansyah Reza Mohamad ◽  
Ismet Hadi

The uncertainty of legal regulations on the fulfillment of education rights for persons with disabilities creates serious problems. The absence of special arrangements causes overlapping responsibilities which will result in not being integrated into programs that support the educational needs of persons with disabilities. This problem requires the seriousness of local governments to provide protection and fulfillment of education rights for persons with disabilities. This study aims to determine the legal policy for the Protection and Fulfillment of the Right to Education and to formulate an affirmative action model for the protection and fulfillment of the education rights of persons with disabilities in the future. This study uses empirical legal research, namely research that initially examines secondary data, then continues with research on primary data through interview data collection. The results of the research show that local governments still seem to have not fully provided protection and fulfillment of the rights of persons with disabilities to adequate education so that they face various kinds of discrimination, even though there are regulations at the level of the 1945 Constitution of the Republic of Indonesia and laws that have guaranteed it. Second, regulations at the level of Regional Regulations in Gorontalo Province have not reached the lateness of fulfilling the right to education both inclusively and specifically in a systematic and comprehensive manner. It is necessary to have a legal reform in the form of affirmative policies in the field of education for persons with disabilities.


2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rio Saputra ◽  
Mokhammad Najih

<p><em>Suspects have the right to obtain legal assistance, especially for suspects who are classified as economically disadvantaged in accordance with Article 56 of the Criminal Procedure Code (KUHAP). The facts show that there are many irregularities in the implementation of legal aid, therefore it is necessary to know about the implementation of free legal aid for suspects who are incapacitated at the level of investigation and the factors that become obstacles in the implementation of legal aid. This legal research is an empirical legal research and this research is descriptive in nature. The data used are primary data and secondary data. The techniques used to collect data were document study techniques and interview techniques. Inhibiting factors affecting the implementation of free legal aid for suspects who are unable at the level of investigation can be classified and differentiated into 3 factors, namely, legal substance, legal structure, and legal culture).</em></p><p><strong><em>Keywords: </em></strong><em>Legal Aid, Criminal Cases</em></p>


Author(s):  
Richard McCleary ◽  
David McDowall ◽  
Bradley J. Bartos

Chapter 8 focuses on threats to construct validity arising from the left-hand side time series and the right-hand side intervention model. Construct validity is limited to questions of whether an observed effect can be generalized to alternative cause and effect measures. The “talking out” self-injurious behavior time series, shown in Chapter 5, are examples of primary data. Researchers often have no choice but to use secondary data that were collected by third parties for purposes unrelated to any hypothesis test. Even in those less-than-ideal instances, however, an optimal time series can be constructed by limiting the time frame and otherwise paying attention to regime changes. Threats to construct validity that arise from the right-hand side intervention model, such as fuzzy or unclear onset and responses, are controlled by paying close attention to the underlying theory. Even a minimal theory should specify the onset and duration of an impact.


2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Fausto Di Vincenzo ◽  
Daria Angelozzi ◽  
Federica Morandi

Abstract Background Accountable care has profoundly changed the organizational models adopted by health care organizations and, consequently, the skill set required for doctor-managers who have become middle managers and must deal with the operational management of their units. The aim of this study was to identify the psychological microfoundations (i.e., traits) of physicians’ managerial attitude. Specifically, we analysed the roles played by narcissism, specialization choices and identification with the organization. Methods We collected primary data on a population of ward unit heads in the Italian National Health Service. A logistic regression model predicting the levels of managerial attitude was employed. Results The results indicate that high levels of narcissism and identification with the organization are related to higher managerial attitude (instead of clinical attitude). Additionally, we found that physicians with a technique-oriented specialization present a higher probability of manifesting managerial attitude (in comparison to clinical attitude). Conclusions Hospital managers can benefit from the use of these findings by developing a strategic approach to human resource management that allows them to identify, train and select the right mix of technical knowledge and managerial skills for middle-management roles.


2014 ◽  
Vol 8 (1) ◽  
pp. 59-101 ◽  
Author(s):  
Daphna Hacker

Abstract This article suggests enacting an accession tax instead of the estate duty – which was repealed in Israel in 1981. This suggestion evolves from historical and normative explorations of the tension between perceptions of familial intergenerational property rights and justifications for the “death tax,” as termed by its opponents, i.e., estate and inheritance tax. First, the Article explores this tension as expressed in the history of the Israeli Estate Duty Law. This chronological survey reveals a move from the State’s taken-for-granted interest in revenue justifying the Law’s enactment in 1949; moving on to the “needy widow” and “poor orphan” in whose name the tax was attacked during the years 1959–1964, continuing to the abolition of the tax in 1981 in the name of efficiency and the right of the testator to transfer his wealth to his family, and finally cumulating with the targeting of tycoon dynasties that characterizes the recent calls for reintroducing the tax. Next, based on the rich literature on the subject, the Article maps the arguments for and against intergenerational wealth transfer taxation, placing the Israeli case in larger philosophical, political, and pragmatic contexts. Lastly, it associates the ideas of accession tax and “social inheritance” with inspirational sources for rethinking a realistic wealth transfer taxation to bridge the gap between notions of intergenerational familial rights and intergenerational social justice.


Author(s):  
I. Mytrofanov

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.


2020 ◽  
Vol 15 (1) ◽  
pp. 108-119
Author(s):  
Muhammad Yasser Iqbal Daulay ◽  
Fachri Eka Saputra ◽  
Sularsih Anggarawati

Ecotourism offers a different form of travel than mass tourism. Ecotourism also provides a learning process to protect and care for nature, and improve the welfare of local communities around or within the ecotourism destination. This study was conducted to find the right approach to developing ecotourism. The main focus is given to the potential of regional ecotourism, including human, cultural, and supporting resources. Research is also conducted to determine the perspective of tourists because meeting their needs cannot be sustainably separated from business goals. This study uses data sources grouped into two, namely primary and secondary data. Primary data obtained through several instruments such as surveys, interviews, and observations.Keywords: Social innovation, ecological tourism, entrepreneurial innovation, 


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