Because of changing dynamics and awareness of labor laws reforms in India, on 28^th September 2020 with the assent of the President of India, the government came up with the historic labor codes focussing on varied and broader definitions and aspects of labor in India. These codes are The Code on Social Security, The Industrial Relations Code, and The Occupational Safety, Health and Working Conditions Code. The following article focuses on the Rights and benefits of contract/gig workers under these codes.

Meaning of Labour, Contract and Gig Workers

The new labor codes have interpreted the wide definitions of contract and gig workers, provided under Section 2(19) and 2(35) of The Code on Social Security, 2020 respectively.[2]

Contract Labour is defined as “means a worker who shall be deemed to be employed in or in connection with the work of an establishment when he is hired in or in connection with such work by or through a contractor, with or without the knowledge of the principal employer and includes inter-State migrant worker but does not include an employee (other than a part-time employee) who is regularly employed by the contractor for any activity of his establishment and his employment is governed by mutually accepted standards of the conditions of employment (including engagement on a permanent basis), and gets periodical increment in the pay, social security coverage and other welfare benefits per the law for the time being in force in such employment;”

Gig worker is being defined as “means a person who performs work or participates in a work arrangement and earns from such activities outside of traditional employer-employee relationship;”

The provision of the gig workers in the code reflect the changing scenario of emerging markets and a fresh take on the new different roles and definitions of a worker.

During these unprecedented times of COVID-19, there has been a relative rise in the no. of gig workers. Such unconventional roles needed protection under the new labor codes.

Need for schemes and provisions for gig workers

Words like “freelancers”, “gig workers”, and “platform workers” created a stir in recent years and picked up pace during the 2020 pandemic. One of the greatest examples of a gig market is the workers of the food delivery app Swiggy. During the pandemic, All India Gig Workers Union was formed in August 2020 to protect the interests of the gig workers, who were largely affected by the sudden wage cuts and unemployment distress. The incident reflected the state of the gig workers in the country.

The provision of gig workers in the code reflects the changing scenario of emerging markets and a fresh take on the new different roles and definitions of a worker.

During these unprecedented times, there has been a relative rise in the no. of gig workers. Such unconventional roles needed protection under the new labor codes

Rights/Benefits provided to Gig workers

Section 46(1)[3] of the Code gives power to the Central Government to frame various schemes for the benefits of the unorganized workers or gig workers.

Social Security Schemes powered by the Central government

Section 114(1)[4] gives the power to the Central Government to frame schemes and policies in regards to the social welfare of the gig workers and platform workers. The areas which are to be covered as follows:

(i)             Life and Disability cover

Schemes related to the protection of the Right to Life of the gig workers or anything which renders them disable due to any event will be protected under this section.

(ii)           Accident insurance

(iii)         Health and Maternity

Health policies and schemes are guaranteed to the gig workers. Maternity Benefits is described under Chapter VI of the code which specifies to what are the conditions which require a woman to take maternity leave.

(iv)          Old age Protection

Gig workers will be provided with the schemes of the old age-related circumstances and issues and benefits

(v)           Creche

The gig workers under the Code are protected with the schemes of education, even for the children and toddlers, provided by the government, gig workers will be able to avail themselves the benefit under this clause.

(vi)          Any other benefits provided by the government

The above section also provides for the implementation and the manner in which the schemes maybe implemented, sources of the funds, and any initiative or scheme by the Central Government.

The highlight of this Section is the role of the aggregators and their role and contribution towards funds for the gig workers. For this purpose, a wide list of aggregators has been given under the Seventh Schedule of the Act. The schemes can be wholly funded by the aggregators besides the Central Government and the State Governments. It gave an altogether new representation to the aggregators to further the cause.  It is notified that their contribution shall not be more than 2%, but not be less than 1% of their annual turnover. The Aggregators can be categorized as follows:

1.     Ridesharing services

2.     Food/ grocery delivery

3.     Logistics services

4.     Content and media

5.     Travel and hospitality and healthcare

6.     Professional services

7.     Healthcare

8.     E-market places (which includes a wide network of business mediums like B2B-business to business, or B2C- Business to Commerce)

Or any such services which may be provided by similar platforms/aggregators.

For better implementation of policies, Aggregators are also included in the National Social Security Board as provided by Section 114(6) of the Act.

 Social Security Fund for Gig workers/contract labor

Section 6(7)[5] of the Code provides for the various functions to be carried out by the National Social Security Board for the framing of the schemes for the benefit of the unorganized, gig, and platform workers. Their functions revolve around advising the Central Government on the various schemes provided for such workers and ensuring and monitoring that these schemes meet the requirements of the targeted audience. Besides, it would deal with financial assistance and record keeping.

This Code defines social security as “means the measures of protection afforded to employees, unorganized workers, gig workers, and platform workers to ensure access to health care and to provide income security, particularly in cases of old age, unemployment, sickness, invalidity, work injury, maternity, or loss of a breadwinner by means of rights conferred on them and schemes framed, under this Code;”[6]

Section 141(1)[7] of the Code provides for the social security fund to be provided for by the central government. It is set up to provide for the social welfare of gig workers and others as defined under this section.

Conclusion

The new Labor Codes, 2020 had provided a robust definition to gig workers and recognizing a new way of workstyle. These codes not only provide a broader aspect to the working of gig workers and rights and benefits provided to them but also a way forward to upcoming and emerging industries. Though these codes replace several Acts that were in existence before this, it is incredibly important that every aspect should be thoroughly studied and analyzed, and always provide scope for modern laws and upcoming generations of the workforce.

References

1.     SS_Code_Gazette.pdf (labour.gov.in)

2.     Labour Codes | Ministry of Labour & Employment

3.     The Code on Social Security 2020: How will this new labour Code benefit employees, workers? – The Financial Express

4.     The Code on Social Security, 2020 (labour.gov.in)

5.     New Labour Codes,2020 (legalserviceindia.com) 

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Media and Entertainment holds great significance in our country India. Much of the leisure time is spent on either binge-watching or going through your old movies collection. When we talk about the entertainment industry in the 21^st century, it has grown tremendously since 1913, when the first motion picture of India Rajaharishchandra was released. It was the beginning of a great and flourishing industry in terms of viewership and technology advancements. But as this industry advanced, along came the legal intricacies and conditions which had to be fulfilled. Before films make it to releases and big screens, they have to through the certification process and all the legal requirements for a film’s release have to be complied with.

One of the legal compliances is that of a Film Certification.

What is the Film Certification?

Film Certification means that a film before it reaches its appropriate audience has to go through a scanner i.e., it has to be certified by a board of members who are expert in the required fields, and then only a certain film can be released as long as it complies with the legal requirements.

Need for Film Certification

 The need for film certification in India has to be valued and critically analyzed over the period. A thorough legal procedure should be followed before anything can be represented by the general public/audience. The film certification, however, should not curtail the artistic freedom of the filmmakers/artists but also should not violate the sentiments of the public.

Censorship of the films have often come under the radar of freedom of artistic expression, a right which is guaranteed under Article 19(1)(a) of the Indian Constitution[1]. However the Supreme Court in the case of K.A. Abbas v. Union of India[2] had opined on the importance and impact of films which they may have on the audience, it said “films have to be treated separately from other forms of art and expression because a motion picture can stir up emotions more deeply than any other product of art. A film can therefore be censored on the grounds mentioned in Article 19(2).”[3] Article 19(2)[4] provides for reasonable restrictions.

Indian Laws on Film Certification

The film certification and subsequent rules are India is governed by the Indian Cinematograph Act, 1952.

Section 3(1) of the Act[5] provides for the provision of setting up the Censor Board, which shall be issuing the film certifications. The board is known as the CBFC (Central Board of Film Certification) which is currently headed by Mr. Prasoon Joshi.

Section 5 of the Act[6] provides for the Advisory Panels to be set up at the regional levels so as to assist the Board in making decisions about the certification of films.

Section 5A of the Act here deals primarily with the certification of the films and under various categories, the films will fall.

It provides for 4 wide categories which are as follows:

S.5A(1)(a)[7] provides for

1. U Certificate

This is provided when the Board deems it fit that a certain fil is eligible for “unrestricted public exhibition”. It means that people of any age can watch this particular film.

2. UA Certificate

UA means “Unrestricted Public Exhibition but with a word of caution that discretion required for children below 12 years.” If the board deems it fit that a particular film is eligible for unrestricted public distribution but for children aged under 12 years, parental advice is needed.

S.5A(1)(b)[8] provides for

3. A Certificate

This certificate is provided when a particular film is not meant for the unrestricted public but is suitable for adults. Adults, for this Act, have been defined as “a person who has completed his eighteenth year”.

4. S Certificate

This certificate provides that the film is “restricted to any special class of persons” and not for unrestricted public exhibition.

The above was the broad categories into which films can be certified and thus providing a wider lens of freedom of expression and changing modern times with regards to public morality and sanctity.

Procedure for application for Film Certification

Rule 21 of the Cinematograph Rules, 1984 lays down the procedure for applying for the film certification before the Board. The following are the steps to follow while applying for certification:

1. Application shall be addressed to the Board in writing in Form I or Form I-A, Form II or Form II-A, and delivered to the regional officer.

2. Application should be accompanied by fees, as prescribed under the Rule 36, which states requirements as per the film’s credentials.

3. Rule 3 specifies the necessary documents (including the fees) which shall accompany the letter:

 Eight copies for an Indian feature film, and five copies in case of other films

a.     of synopsis of the film

b.     credit titles

c.     full text/lyrics of the songs, if any

d.     a copy of the complete shooting script of the film

e.     a statement showing the reel wise length of the film

Other documents may include, Title Registration Letter from the concerned authority in which the title was registered. Publicity clearance the certificate shall also be provided with wherever applicable.

In the case of Imported Films, an original/certified copy of the import license along with customs clearance papers and permits are required.

Rule 22 provides for the examining committee which shall examine the films, to be viewed for the public exhibition or not.

1.     Examining committee consisting of a member of the advisory panel, examining officer, of one should be a woman, in case of a short film;

In case of a long film, the examining committee shall consist of four members of the advisory panel, an examining officer, of two of them should be a woman officer.

2.     The applicant or their representatives are not present in the preview theatre.

3.     All previews of the film and names of the board members are treated confidentially.

4.     The examining committee examines the film as per the guidelines provided by the government and requirements under the S.5(B) of the Act.

5.     Thereafter the members of the committee are required to express their opinions and reasons for giving a particular certificate (“U”, “U/A, “A”, and “S”) in writing in Form VIII specified in the Second Schedule.

6.     The committee may decide on not giving the film a certificate, or if certain portions of the film need to be excised/modified.

7.     The examining officer after examining the suggestions of the committee send the same to the chairman.

S.5B Principles for guidance in certifying films[9]

provides for the principles that need to be followed while granting the film certification. The principles involve such that they must not be contrary to the public morality or any such incident which may incite offense contrary to the provisions of the Law.

However, this Act provides equal representation to the parties applying for film certification. If they are not satisfied with the decision, they can approach the tribunal with an appeal to the decision under S.5C of the Act.

 Film Certification on OTT (Over- the- Top) platforms

Not many years ago, the majority of people’s source of entertainment used to be Cinemas, television, or reminiscing old songs on cassette recorders. But with the changing sense of entertainment and lifestyle choices of the people amidst the hustle-bustle of a daily-life, OTT platforms like Netflix, Amazon Prime came to the rescue of people. Especially during the pandemic COVID-19, these platforms have witnessed a surge in their viewership.

However, till now there were no concrete rules or provisions related to the films released on such platforms, and thus there was no censorship on the same. But recently in an official notification in the Gazette of India, govt. of India brought the OTT and other digital platforms under the ambit of the Ministry of Information and Broadcasting in India.[10] This move was not welcomed by the film fraternity and they criticized the decision citing that it would hamper artistic freedom. In a detailed research paper, authored by Shekhar Kapur, FTII chairman, Akshat Agarwal, lawyer and other experts on the subject, they argued about the creative freedom on the OTT platforms and that how with the help of technological advancements, it is now possible to create content according to the target audience and that they are sufficient measures available for people-friendly content. They substantiated that such platforms are user-controlled and that there are possibilities for so many industries to thrive in this business.[11] Therefore, there must be creative freedom as we pass two decades in this 21^st century.

Conclusion

The above article and opinions have tried to establish that before a certain thing/product reaches to the public, has to go through a lot of phases, one of which is legal compliance which is important to safeguard the public sanctity and nation’s integrity. However, as much as the legal procedure is important, the aim should also, be to secure the freedom of expression of the artists. Therefore censorship v. freedom of expression debate should always ensure that there must be a reasonable balance between the two, to protect the rights of all, and ensure our duty towards the nation.

References

1.     The Cinematograph Act, 1952 and Rules | Ministry of Information and Broadcasting | Government of India (mib.gov.in)

3.     Embracing Nonlinearity: The Future of India’s Entertainment Industry — Esya Centre

4.     Certification (cbfcindia.gov.in)

5.     Central Board of Film Certification | Ministry of Information and Broadcasting | Government of India (mib.gov.in)

6.    

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