Law and Social

Chapter 8 Justice
Do you recall the ‘Story of a shirt’ from your Class VII
book? We saw there that a chain of markets links the
SOCIAL JUSTICE IS producer of cotton to the buyer of the shirt in the
EQULAYY SOCIALLY , POLITICALY
AND ECONOMICALLY supermarket. Buying and selling was taking place at
every step in the chain.

Many of the people directly or indirectly involved in

the production of the shirt - the small farmer producing
cotton, the weavers of Erode or the workers in the
garment - exporting factory - faced exploitation or an
unfair situation in the market. Markets everywhere
tend to be exploitative of people – whether as workers,
consumers or producers.

To protect people from such exploitation, the

government makes certain laws. These laws try to
ensure that the unfair practices are kept at a minimum
in the markets.

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 Law and Social Justice
Let us take a common market situation where the law is Why do we need a law on
very important. This is the issue of workers’ wages. minimum wages?
Private companies, contractors, businesspersons Find out:
normally want to make as much profit as they can. In the a) What is the minimum
drive for profits, they might deny workers their rights wage for a construction
and not pay them wages, for example. In the eyes of the worker in your state?
law it is illegal or wrong to deny workers their wages. b) Do you think the minimum
Similarly to ensure that workers are not underpaid, or wage for a construction
are paid fairly, there is a law on minimum wages. A worker is adequate, low or
worker has to be paid not less than the minimum wage high?
by the employer. The minimum wages are revised c) Who sets the minimum
upwards every few years. wages?

As with the law on minimum wages, which is meant to

protect workers, there are also laws that protect the
interests of producers and consumers in the market.
These help ensure that the relations between these three
parties – the worker, consumer and producer - are
governed in a manner that is not exploitative.

Workers in a textile mill in Ahmedabad. Faced

with greater competition from power looms, a
majority of the textile mills closed down during
the 1980s and 1990s. Power looms are small
units with 4-6 looms. The owners operate them
with hired and family labour. It is well known
that conditions of work in the power looms are
far from satisfactory.

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Table 1 provides some important laws relating to the protection of these various interests.
Columns (2) and (3) in Table 1 state why and for whom these laws are necessary. Based on
discussions in the classroom, you have to complete the remaining entries in the table.
Table 1
Law Why is it necessary? Whose interests does the law protect?

Minimum Wages Act Many workers are denied fair This law is meant to protect the
specifies that wages wages by their employers. interests of all workers; particularly,
should not be below a Because they badly need work, farm labourers, construction workers,
specified minimum. workers have no bargaining factory workers, domestic workers, etc.
power and are paid low wages.
Law specifying that
there be adequate
safety measures in
workplaces. For example,
alarm system, emergency
exits, properly -
functioning machinery.
Law requiring that the Consumers might be put to
quality of goods meet risk by the poor quality of
certain prescribed products such as electrical
standards. For example, appliances, food, medicines.
electrical appliances
have to meet safety
standards.
Law requiring that the The interests of the poor who will
prices of essential otherwise be unable to afford these
goods are not high - goods.
For example, sugar,
kerosene, foodgrains.
Law requiring that
factories do not pollute
air or water.
Laws against child
labour in workplaces.
Law to form workers By organising themselves into
unions/associations unions, workers can use their
combined power to demand fair
wages and better working
conditions.

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But merely making laws is not enough. The government
has to ensure that these laws are implemented. This means social justice by constituion -
that the law must be enforced. Enforcement becomes even art 23 , 24
more important when the law seeks to protect the weak right against exploitation
from the strong. For instance, to ensure that every worker
art - 23 - prohibit human trafficking
gets fair wages, the government has to regularly inspect art 24- right against chlid labour belowe 14
work sites and punish those who violate the law. When yrs
workers are poor or powerless, the fear of losing future
not in all occupation child lbaour but only
earnings or facing reprisals often forces them to accept low hazardous
wages. Employers know this well and use their power to
pay workers less than the fair wage. In such cases, it is crucial
that laws are enforced.

Through making, enforcing and upholding these laws, the

government can control the activities of individuals or
private companies so as to ensure social justice. Many of
these laws have their basis in the Fundamental Rights
guaranteed by the Indian Constitution. For instance, the
Right against Exploitation says that no one can be forced
to work for low wages or under bondage. Similarly, the
Constitution lays down “no child below the age of 14 years
shall be employed to work in any factory or mines or engaged
in any other hazardous employment.”

How are these laws played out in practice? To what extent

do they address the concerns of social justice? These are
some of the questions that this chapter will now go on to
explore.

According to the 2011 census, over 4 million children in India aged

between 5 and 14 work in various occupations including hazardous
ones. In 2016, Parliament amended the Child Labour (Prohibition and
Regulation) Act, 1986, banning the employment of children below the
age of 14 years in all occupations and of adolescents (14-18 years) in
hazardous occupations and processes. It made employing these children
or adolescents a cognizable offence. Anyone found violating the ban
must be penalized with a punishment ranging from a jail term of six
months to two years and/or fine of ` 20,000 to ` 50,000. The central
government had asked state governments to develop plans to rescue
and rehabilitate children who are working.
An online portal, https://pencil.gov.in, Platform for Effective
Enforcement for No Child Labour (PENCIL) has become functional in
2017. It is meant for filing of complaint, child tracking, implementation
and monitoring of National Child Labour Project (NCLP).

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 Bhopal Gas TTragedy
ragedy
The world’s worst industrial tragedy took place in Bhopal 24 years ago. Union
Carbide (UC) an American company had a factory in the city in which it produced
pesticides. At midnight on 2 December 1984 methyl-isocyanite (MIC) -
a highly poisonous gas - started leaking from this UC plant....

Remembers Aziza Sultan, a survivor: “At

about 12.30 am I woke to the sound of my
baby coughing badly. In the half-light I saw
that the room was filled with a white cloud. I
heard people shouting ‘run, run’. Then I
started coughing, with each breath seeming
as if I was breathing in fire. My eyes were
burning.” The next morning

Within three days, more than

8,000 people were dead.
Hundreds of thousands were
maimed.

Mass cremations

Most of those exposed to the poison gas came from poor, working-class
families, of which nearly 50,000 people are today too sick to work. Among
those who survived, many developed severe respiratory disorders, eye
problems and other disorders. Children developed peculiar abnormalities,
like the girl in the photo. A child severely affected by the gas
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 The disaster was not an accident. UC had
deliberately ignored the essential safety
measures in order to cut costs. Much
before the Bhopal disaster, there had
been incidents of gas leak killing a worker
and injuring several.
Members of UC Employees Union protesting

Despite the overwhelming evidence pointing to

UC as responsible for the disaster, it refused to
accept responsibility.
In the ensuing legal battle, the government
represented the victims in a civil case against UC.
It filed a $3 billion compensation case in 1985,
but accepted a lowly $470 million in 1989.
Survivors appealed against the settlement but
the Supreme Court ruled that the settlement
amount would stand.
Gas victims with the Gas Relief Minister

UC stopped its operations, but left behind tons of

toxic chemicals. These have seeped into the
ground, contaminating water. Dow Chemical, the
company who now owns the plant, refuses to take
responsibility for clean up.

Bags of chemicals lie strewn around the UC plant

24 years later, people are still fighting for justice: for safe
drinking water, for health-care facilities and jobs for the
people poisoned by UC. They also demand that Anderson,
the UC chairman who faces criminal charges, be prosecuted.
The struggle for justice goes on…
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 What is a Worker’s Worth?
If we are to understand the events leading to Bhopal
disaster, we have to ask: why did Union Carbide set up its
plant in India?

One reason why foreign companies come to India is for

cheap labour. Wages that the companies pay to workers,
say in the U.S.A., are far higher than what they have to pay
to workers in poorer countries like India. For lower pay,
companies can get longer hours of work. Additional
expenses such as for housing facilities for workers are also
fewer. Thus, companies can save costs and earn higher
profits.

Cost cutting can also be done by other more dangerous

Accidents are common to construction sites.
Yet, very often, safety equipment and other means. Lower working conditions including lower safety
precautions are ignored. measures are used as ways of cutting costs. In the UC plant,
every safety device was malfunctioning or was in short
supply. Between 1980 and 1984, the work crew for the MIC
plant was cut in half from 12 to 6 workers. The period of
safety training for workers was brought down from 6
months to 15 days! The post of night-shift worker for the
MIC plant was abolished.

Read the following comparison between UC’s safety

system in Bhopal and its other plant in the US:

At West Virginia (U.S.A.) computerised warning and

monitoring systems were in place, whereas the UC plant in
Bhopal relied on manual gauges and the human senses to detect
gas leaks. At the West Virginia plant, emergency evacuation
plans were in place, but nonexistent in Bhopal.

Why are there such sharp differences in safety standards

across countries? And even after the disaster happened, why
was the compensation to the victims so low?

One part of the answer lies in what is perceived as the worth

of an Indian worker. One worker can easily replace another.
Since there is so much unemployment, there are many
workers who are willing to work in unsafe conditions in

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return for a wage. Making use of the workers’ vulnerability,
employers ignore safety in workplaces. Thus, even so many
years after the Bhopal gas tragedy, there are regular reports
of accidents in construction sites, mines or factories due to
the callous attitude of the employers.

Enforcement of Safety Laws

As the lawmaker and enforcer, the government is supposed Why do you think
to ensure that safety laws are implemented. It is also the enforcement of safety laws is
duty of the government to ensure that the Right to Life important in any factory?
guaranteed under Article 21 of the Constitution is not Can you point to a few other
violated. What was the government doing when there were situations where laws (or
such blatant violations of safety standards in the UC plant? rules) exist but people do
not follow them because of
First, the safety laws were lax in India. Second, even these poor enforcement? (For
weak safety laws were not enforced. example, over-speeding by
motorists, not wearing
Government officials refused to recognise the plant as helmet/seat belt and use of
mobile phone while driving).
hazardous and allowed it to come up in a populated locality. What are the problems in
When some municipal officials in Bhopal objected that the enforcement? Can you
installation of an MIC production unit in 1978 was a safety suggest some ways in which
violation, the position of the government was that the state enforcement can be
needs the continued investment of the Bhopal plant, which improved?
provides jobs. It was unthinkable, according to them, to
ask UC to shift to cleaner technology or safer procedures.
Government inspectors continued to approve the
procedures in the plant, even when repeated incidents of
leaks from the plant made it obvious to everybody that
things were seriously wrong.

This, as you know, is contrary to what the role of a law-

making and enforcement agency should be. Instead of
protecting the interests of the people, their safety was being
disregarded both by the government and by private
companies.
Recently a large travel agency was asked to
pay Rs 8 lakh as compensation to a group of
This is obviously not at all desirable. With more industries tourists. Their foreign trip was poorly
being set up both by local and foreign businesses in India, managed and they missed Disneyland and
there is a great need for stronger laws protecting workers’ shopping in Paris. Why did the victims of
Bhopal gas tragedy then get so little for a
rights and better enforcement of these laws. lifetime of misery and pain?

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 New Laws to Protect the Environment
In 1984, there were very few laws protecting the
environment in India, and the there was hardly any
enforcement of these laws. The environment was treated
as a ‘free’ entity and any industry could pollute the air and
water without any restrictions. Whether it was our rivers,
air, groundwater - the environment was being polluted and
the health of people disregarded.

Thus, not only was UC a beneficiary of lower safety

standards, it didn’t have to spend any money to clean up
the pollution. In the U.S.A., this is a necessary part of the
production process.

Pumps at contaminated wells are painted red by The Bhopal disaster brought the issue of environment to
the government around the UC factory in the forefront. Several thousands of persons who were not
Bhopal. Yet, local people continue to use them
as they have no other accessible source of
associated with the factory in any way were greatly affected
clean water. because of the poisonous gases leaked from the plant. This
made people realise that the existing laws, though weak,
only covered the individual worker and not persons who
might be injured due to industrial accidents.

In response to this pressure from environmental activists

and others, in the years following the Bhopal gas tragedy,
the Indian government introduced new laws on the
environment. Henceforth, the polluter was to be held
accountable for the damage done to environment. The
environment is something that people over generations will
Sustainable Development Goal (SDG) share, and it could not be destroyed merely for industrial
www.in.undp.org development.

A ‘clean environment is a public The courts also gave a number of judgments upholding the
facility.’ Can you explain this right to a healthy environment as intrinsic to the Fundamental
statement? Right to Life. In Subhash Kumar vs. State of Bihar (1991), the
Why do we need new laws? Supreme Court held that the Right to Life is a Fundamental
Right under Article 21 of the Constitution and it includes
Why are companies and the right to the enjoyment of pollution-free water and air
contractors able to violate
environmental laws?
for full enjoyment of life. The government is responsible for
setting up laws and procedures that can check pollution, clean
rivers and introduce heavy fines for those who pollute.

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 Environment as a Public Facility
In recent years, while the courts have come out with
strong orders on environmental issues, these have
sometimes affected people’s livelihoods adversely.
For instance, the courts directed industries in residential
areas in Delhi to close down or shift out of the city.
Several of these industries were polluting the
neighbourhood and discharge from these industries was
polluting the river Yamuna, because they had been set
up without following the rules. Emissions from vehicles are a major cause of
environmental pollution. In a series of rulings
But, while the court’s action solved one problem, it (1998 onwards), the Supreme Court had
created another. Because of the closure, many workers ordered all public transport vehicles using diesel
lost their jobs. Others were forced to go to far-away were to switch to Compressed Natural Gas
places where these factories had relocated. And the (CNG). As a result of this move, air pollution in
cities like Delhi came down considerably. But a
same problem now began to come up in these areas – recent report by the Center for Science and
for now these places became polluted. And the issue of Environment, New Delhi, shows the presence of
the safety conditions of workers remained unaddressed. high levels of toxic substance in the air. This is
due to emissions from cars run on diesel (rather
Recent research on environmental issues in India has than petrol) and a sharp increase in the number
highlighted the fact that the growing concern for the of cars on the road.
environment among the middle classes is often at the
expense of the poor. So, for example, slums need to be
cleaned as part of a city’s beautification drive, or as in
the case above, a polluting factory is moved to the
outskirts of the city. And while this awareness
of the need for a clean environment is increasing, there
is little concern for the safety of the
workers themselves.
The challenge is to look for solutions where everyone
can benefit from a clean environment. One way this can
be done is to gradually move to cleaner technologies and
processes in factories. The government has to encourage
and support factories to do this. It will need to fine
those who pollute. This will ensure that the workers Workers outside closed factories.
livelihoods are protected and both workers and Thrown out of work, many of the workers end
communities living around the factories enjoy a safe up as small traders or as daily-wage labourers.
environment. Some might find work in even smaller
production units, where the conditions of work
are even more exploitative and the
enforcement of laws weaker.
Do you think everyone got justice in the case cited above?
Can you think of other ways in which the environment can be
protected? Discuss in class.

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 Advanced countries are relocating the toxic and
hazardous industries to developing countries to
take advantage of the weaker laws in these
countries and keep their own countries safe.
South Asian countries – particularly India,
Bangladesh and Pakistan – play hosts for
industries producing pesticides, asbestos or
processing zinc and lead.
Ship-breaking is another hazardous industry that
is growing rapidly in South Asia. Old ships no
longer in use, are sent to ship-yards in
Bangladesh and India for scrapping. These ships
contain potentially dangerous and harmful
substances. This photo shows workers breaking
down a ship in Alang, Gujarat.
Conclusion
Laws are necessary in many situations, whether this be the
market, office or factory so as to protect people from unfair
practices. Private companies, contractors, business persons,
in order to make higher profits, resort to unfair practices
such as paying workers low wages, employing children for
work, ignoring the conditions of work, ignoring the damage
to the environment (and hence to the people in the
neighbourhood) etc.
A major role of the government, therefore, is to control
the activities of private companies by making, enforcing
and upholding laws so as to prevent unfair practices and
ensure social justice. This means that the government has
to make ‘appropriate laws’ and also has to enforce the laws.
Laws that are weak and poorly enforced can cause serious
harm, as the Bhopal gas tragedy showed.
While the government has a leading role in this respect,
people can exert pressure so that both private companies
and the government act in the interests of society.
Environment, as we saw, is one example where people have
pushed a public cause and the courts have upheld the right
to healthy environment as intrinsic to the Right to Life. In
this chapter, we have argued that people now must demand
that this facility of healthy environment be extended to all.
Likewise, workers’ rights (right to work, right to a fair
Sustainable Development Goal (SDG)
www.in.undp.org
wage and decent work conditions) is an area where the
situation is still very unfair. People must demand stronger
laws protecting workers’ interests so that the Right to Life
is achieved for all.

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 Exercises
1. Talk to two workers (For example, construction workers, farm workers, factory workers, workers
at any shop) to find out if they are receiving the minimum wages laid down by law.
2. What are the advantages to foreign companies in setting up production in India?
3. Do you think the victims of the Bhopal gas tragedy got justice? Discuss.
4. What do we mean when we speak of law enforcement? Who is responsible for enforcement?
Why is enforcement so important?
5. How can laws ensure that markets work in a manner that is fair? Give two examples to support
your answer.
6. Imagine yourself to be a worker working in a chemical factory, which has received orders from
the government to move to a different site 100 kms away from the present location. Write about
how your life would change? Read out your responses in the classroom.
7. Write a paragraph on the various roles of the government that you have read about in
this unit.
8. What are the sources of environmental pollution in your area? Discuss with respect to
(a) air; (b) water and (c) soil. What are the steps being taken to reduce the pollution?
Can you suggest some other measures?
9. How was environment treated earlier? What has been the change in perception? Discuss.

10. What do you think the famous cartoonist R.K.

Laxman is trying to convey in this cartoon?
How does it relate to the 2016 law that you
read about on page 103?

the forest conservation act , 1980

the nvironment protection act , 1986
the wildlife protection act , 1972
air (prevention an control of pollution act 1981
air and the indian forest act , 1927
water (prevention and control of pollution act , 1974

It’s really cruel burdening kids like this. I had to hire that
boy to help my son!

111 Chapter 8: Law and Social Justice

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11. You have read about the Bhopal gas tragedy and the on-going struggle. Students from countries
across the world have come together to support this struggle for justice. From protest marches
to awareness campaigns, you can read about their activities on the website
www.studentsforbhopal.com. The website also has resources such as photos, posters,
documentaries, victims’ statements, etc.

Use this and other sources to make a wallpaper/exhibition on the Bhopal gas tragedy for your
classroom. Invite the whole school to see and talk about it.

GLOSSARY

Consumer: An individual who buys goods for personal use and not for resale.
Producer: A person or organisation that produces goods for sale in the market. At
times, the producer keeps a part of the produce for his own use, like a farmer.
Investment: Money spent to purchase new machinery or buildings or training so as
to be able to increase/ modernise production in the future.
Workers’ unions: An association of workers. Workers’ unions are common in
factories and offices, but might be also found among other types of workers, say
domestic workers’ unions. The leaders of the union bargain and negotiate with the
employer on behalf of its members. The issues include wages, work rules, rules
governing hiring, firing and promotion of workers, benefits and workplace safety.

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The Constitution as a Living Ideal
The Right to Life is a Fundamental Right that the Constitution guarantees to all the
citizens of this country. As you have read in this book, over the years this right, or Article
21, has been used by ordinary citizens to include issues to make this Right more
meaningful and substantial. So for example, you have read of how the case of the
injured farmer Hakim Sheikh established the right to health as part of the Right to Life.
Similarly, you read of how the case of the slum-dwellers being evicted from Mumbai
established the right to livelihood as part of the Right to Life. In this chapter, you have
read about how the court ruled in favour of a person’s Right to the “enjoyment of
pollution free water and air for full enjoyment of life” as part of the Right to Life. In
addition to these cases, the courts have also ruled to include the right to education and
the right to shelter within this expanded understanding of Article 21.
The above expanded understanding of the Right to Life was achieved through the efforts
of ordinary citizens to get justice from the courts when they believed that their
Fundamental Rights were being violated. As you read in several instances in this book,
these Fundamental Rights have also served time and again as the basis for the making
of new laws and establishing certain policies to protect all citizens. All of this is possible
because our Constitution contains certain constitutive rules that work towards protecting
the dignity and self-respect of all citizens of India and guard against all forms of possible
violations. What these should include is spelt out in the various provisions on
Fundamental Rights and the rule of law.
But as the above cases highlight, there is also an intrinsic flexibility to our Constitution
that allows for a continually expanding list of issues to be included within the idea of
dignity and justice that the Constitution guarantees. This flexibility allows for new
interpretations and, therefore, the Constitution can be considered to be a living document.
Thus, the right to health, the right to shelter etc, are issues that were not present in
written form in the Constitution that members of the Constituent Assembly had
presented in 1949. But they were present in spirit, i.e. the democratic ideals that the
Constitution established allowed for persons to use the political process to continually
ensure that these ideals became a reality in the lives of ordinary citizens.
As the chapters in this book discuss, much has been done in this process of making
Constitutional ideals into a reality. But as these chapters also point out, a lot still
remains to be done. Several struggles by people in different parts of the country serve
as a continual reminder that serious issues of equality, dignity and self-respect remain
to be realised in the lives of the majority. These struggles, as you read in your Class VII
book, are often not covered by the media. But this does not in any way diminish the
attention that they deserve.
The various chapters in this book have tried to make clear to you the democratic ideals
that the Constitution contains and the ways in which it affects people’s daily lives. We
have done this with the intent that this might provide you the tools with which you can
critically begin to understand and examine the world around you, and participate in it
as the Constitution prescribes.

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R EFERENCES
BOOKS
AUSTIN, GRANVILLE. 1966. The Indian Constitution: Cornerstone of a Nation. Oxford: Clarendon Press.
AUSTIN, GRANVILLE. 1999. Working a Democratic Constitution: The Indian Experience. New Delhi: Oxford.
LAWYER’S COLLECTIVE, 2007. Staying Alive: First Monitoring and Evaluation Report 2007 on the Protection
of Women from Domestic Violence Act 2005. New Delhi: Lawyer’s Collective.
RAMASWAMY, GITA. 2005. India Stinking: Manual Scavengers in Andhra Pradesh and Their Work.
New Delhi: Navanaya Publishing.

ARTICLES
P. SAINATH, “Whose Sacrifice is it Anyway?” The Hindu. 6 September 1998.
HARI PHUYAL, “Nepal's New Constitution: 65 Years in the Making”, The Diplomat, 18 September 2015.
https://thediplomat.com (Accessed on 19 September 2017)

LEGAL CASES
Olga Tellis vs. Bombay Municipal Corporation (1985) 3 SCC 545.
Paschim Banga Khet Mazdoor Samiti vs. State of West Bengal (1996)
State (Delhi Administration) vs. Laxman Kumar and other (1985) 4 SCC 476.
Subhash Kumar vs. State of Bihar (1991) 1 SCC 598.

WEBSITES
Bhopal Gas Tragedy, http://www.studentsforbhopal.org/WhatHappened.htm (Accessed on
12 January 2008)
C.K. Janu,( www.countercurrents.org (Accessed on 12 November 2007)
Democracy in Nepal, http://www.himalmag.com (Accessed on 15 December 2007)
Election Commission of India, https://eci.gov.in
Lok Sabha, http://loksabha.nic.in
Manual scavenging, http://in.one.un.org/page/breaking-free-rehabilitating-manual-scavengers/
(Accessed on 24 October 2017)
On Manual Scavenging, www.hrdc.net/sahrdc/hrfeatures/HRF 129.html (Accessed on
2 January 2008)
Rajya Sabha, https://rajyasabha.nic.in
Supreme Court of India, https://www.sci.gov.in
Sustainable Development Goals (SDGs), www.in.undp.org

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