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SHOULD SURROGATE MOTHERS BE ALLOWED?

person DateMarch 28, 2017

SHOULD SURROGATE MOTHERS BE ALLOWED?

Nature has honoured the beautiful capacity to generate a new life within women and every

Woman has the right to enjoy motherhood. Every human being has a desire to have their natural offspring. In India a woman is respected as a wife only if she is mother of a child, so that her husband’s masculinity and sexual potency is proved and the family lineage continues. Unfortunately, some women cannot give birth to their own child by biological means due to some physiological conditions and hence the problem occurs.

The advancement of medical science and technology has always proven to be a boon to the mankind along with numerous challenges.  With the advancement of assisted human reproductive technologies and particularly surrogacy, it has made possible for the individual to beget a genetically related child with the help of third party and without sexual intercourse.

Surrogacy is where a woman agrees to give birth to a child whom she will not raise and will not be her own child but give the newborn to the contracted party. In other terms, surrogacy also means giving the womb on rent.

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Euthanasia: Conflict Between Life and Death

person DateMarch 16, 2017

Euthanasia is “letting a person die without pain for reasons assumed to be merciful?”. It is medical killing. It is a process of taking a life of incurable or hopelessly ill person with his or her free consent in order to end his or her suffering. ‘Euthanasia’ is a Greek word which means ‘good death’. Sometimes, euthanasia is also defined as killing a person rather than ending the life of a person who is suffering from some terminal illness, also called as ‘mercy killing’ or killing in the name of compassion. People do not always die well. Some agony cause people to experience physical pain in their last days, and the ‘mercy killing’ may seem like a compassionate way of ending this suffering. Euthanasia can be performed by removal of life support equipment, lethal injection, refusal of food and fluids, gas, removal of essential medicines. There are four kinds of euthanasia: Voluntary and direct, Voluntary but indirect, direct but involuntary, and indirect and involuntary. Voluntary and direct euthanasia is selected and accomplished by patient, Voluntary but indirect euthanasia is selected in advance, direct but involuntary euthanasia is done to a patient without his consent, indirect and involuntary euthanasia is done at hospital’s decision.

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LAWYERS IN THE INDIAN FREEDOM MOVEMENT

person DateMarch 8, 2017

New Delhi: Advocates clash with the JNU students who were protesting against the arrest of JNUSU President Kanhaiya Kumar at Patiala House Courts in New Delhi on Monday. PTI Photo by Atul Yadav (PTI2_15_2016_000230B) *** Local Caption ***

With the selfless guidance and statesmanship of the legal profession, the Indian national movement gained participation and its impact reached far beyond immediate political consequences.

The movement that began in 1857 as a sepoy mutiny took the shape of a nationwide struggle for Independence from the British Raj. It incorporated various national and regional campaigns, agitations and efforts of both non-violent and militant philosophies.

Humble beginnings of the Indian National Congress

After the First war of Independence in 1857 and its aftermath, the formation of Indian National Congress in 1885 marked the beginning of a new era in the national movement. The era was of moderates like Dadabhai Naoroji and Sundernath Bannerjee while Madan Mohan Malviya and Motilal Nehru, amongst others, were important moderate leaders who were lawyers by profession. The moderates believed in the system of constitutionalism. They functioned more as a debating society that met annually to express its loyalty to the British Raj and passed numerous resolutions on less controversial issues such as civil rights or opportunities in government which were submitted to the Viceroy’s government and occasionally to the British Parliament. But none of this made any substantive impact.

In 1905, the British announced the partition of Bengal on communal lines. This was opposed by the Congress and the nationalist leaders who adopted policies like Swadeshi wherein they boycotted British goods and promoted Indian goods. This created a faction in the Congress and brought to light the underlying forces of antagonism that was prevalent in the Indian National Congress due to the opposite ideologies of Moderates and emerging group of the extremists.

The extremists – Lal, Bal, Pal

Lawyers like Bal Gangadhar Tilak, who was an extremist, gave a new direction to the INC. Tilak began a new phase of more radical thought within the organization. He put forth new ideas and methods of opposing the imperialist rule and advocated stronger actions like the boycott of foreign goods and the policy of swadeshi (self reliance). He did not believe that the British rule was beneficial and instead felt that their rule was extremely harmful. He introduced the idea of Swaraj (complete independence) way back in 1897 with his famous statement,”Swaraj is my birthright and I shall have it”.

After the partition of Bengal he emerged as an important leader of the extremist faction. In the 1906 session he was able to get his ideas of swaraj, swadeshi and boycott adopted despite the opposition of the moderates. After the split of the Indian National Congress in 1907, the British began cracking down on extremist leaders. Bal Gangadhar Tilak was imprisoned and deported to Mandalay for six years. During this time he wrote two books, Gita Rahasya and the Artic Home in the Vedas. He was released in 1914 and started the home rule league two years later in 1916, which inspired the youth to fight against the foreign occupation of the country. Sir Valentine Chirol rightly described him as one of the most dangerous pioneers of disaffection and truly the father of Indian unrest.

Other eminent lawyers who supported the extremist ideology were C. Rajagopalachari and Lala Lajpat Rai.Lala Lajpat Rai was popularly known as the Punjab Kesari and Sher-e-Punjab and was also the founder of Punjab National Bank and Lakshmi Insurance Company. He formed the extremist faction of the congress along with Tilak and Bipin Chndra Pal, the trio was popularly called “Lal, Bal, Pal”. Later, Lajpat Rai presided over the first session of the All India Trade Union Congress in 1920. He also went to Geneva to attend the eighth International Labour Conference in 1926 as a representative of Indian labour. His journals Bande Mataram and People, contained his inspiring speeches to end oppression by the foreign rulers.

Fighting the British in court

A cycle of violence and repression had ensued in some parts of the country as a result of the partition of Bengal, and Alipore Bomb Case was a famous controversy which arose at that time. Aurobindo Ghosh and 37 other revolutionaries were suspected to have been engaged in illegal activities and sedition and were arrested. However, the eminent lawyer CR Das came to the rescue, who through his brilliant handling of the case got Aurobindo and many others was acquitted. This case brought Das to the forefront professionally and politically. Also called Deshbandhu, CR Das, used his legal knowledge to save many other nationalists and revolutionaries from the clutches of the British. He was the defence counsel in the Dacca Conspiracy Case (1910-11) as well and was famed for his handling of both civil and criminal law.

Meanwhile, in 1909, the British Government announced certain reforms in the structure of Government in India, known as Morley-Minto Reforms. But these reforms came as a disappointment as they did not mark any advance towards the establishment of a representative Government. The provision of special representation of the Muslims was seen as a threat to the Hindu-Muslim unity on which the strength of the National Movement rested. Thus these reforms were vehemently opposed by all the nationalists. The disgust with the reforms announced in 1909 led to the intensification of the struggle for Swaraj. While, on one side, the extremists waged a virtual war against the British, on the other side, the revolutionaries stepped up their violent activities. There was a widespread unrest in the country. To add to the already growing discontent among the people, Rowlatt Act was passed in 1919, which empowered the Government to put people in jail without trial. This caused widespread indignation, led to massive demonstration and hartals.

Lawyer cum nationalist, Saifuddin Kitchlew was one of the leaders who protested against this legislation. Kithclew was also a founding leader of the Naujawan Bharat Sabha (Indian Youth Congress), which rallied hundreds of thousands of students and young Indians to nationalist causes. He was also among the principal founders of Jamia Millia Islamia.
Mahatma Gandhi

This also marked the entrance of Mahatma Gandhi in the mainstream Indian politics. Gandhi, also a lawyer by profession, had just returned from South Africa, where he had carried out a successful Satyagraha against the racial discrimination and for civil liberties of the people. Meanwhile, Gandhi had made his mark in India already by his success in Champaran and Kheda Satyagraha. Gandhi led organized protests and strikes against the landlords who, with the guidance of the British government, signed an agreement granting the poor farmers of the region more compensation and control over farming, and cancellation of revenue hikes and its collection until the famine ended. In Kheda, Sardar Patel, a lawyer by profession, represented the farmers in negotiations with the British, who suspended revenue collection and released all the prisoners.

Patel subsequently organised the peasants of Kheda, Borsad, and Bardoli in Gujarat in non-violent civil disobedience against oppressive policies imposed by the British Raj; in this role, he became one of the most influential leaders in Gujarat.

Rajendra Prasad, an eminent lawyer and the first President of India, was also involved with Gandhi in the Champaran movement. Bhulabhai Desai, another lawyer and a politician, represented the farmers of Gujarat in the inquiry by the British Government following the Bardoli Satyagraha in 1928. Bhulabhai formidably represented the farmers’ case, and was important to the eventual success of the struggle.

Most lawyers gave their time freely, at the cost of their own legal practice, to the defense of scores of helpless victims of Martial Law implemented by the British, who had been condemned to the gallows or sentenced to long terms of imprisonment.There was a shift in ideology as well, from moderate to a more radical one.

The era of mass movements

In December 1921, Gandhi was invested with executive authority on behalf of the Indian National Congress. Under his leadership, the Congress was reorganized with a new constitution, with the goal of Swaraj. Membership in the party was opened to anyone prepared to pay a token fee. Thus congress, an elitist institution was now open to masses by Gandhi. Gandhi expanded his non-violence platform to include the swadeshi policy — the boycott of foreign-made goods, especially British goods. Linked to this was his advocacy that khadi (homespun cloth) be worn by all Indians instead of British-made textiles. This was a strategy to inculcate discipline and dedication to weed out the unwilling and ambitious, and to include women in the movement at a time when many thought that such activities were not respectable activities for women. In addition to boycotting British products, Gandhi urged the people to boycott British educational institutions and law courts, to resign from government employment, and to forsake British titles and honours.

Non cooperation Movement also saw the involvement of Jawaharlal Nehru who plunged himself into the Indian freedom struggle during this time. A London educated lawyer, Nehru had spent his time touring the nation and spreading Gandhian ideas and making himself acquainted with the problems of the common people. Rajagopalachari, Lala Lajpat Rai, Madan Mohan Malviya, Motilal Nehru, CR Das and Sardar Patel were other lawyers who gave their full contribution to the non cooperation movement. Patel toured the state to recruit more than 300,000 members and raise over Rs. 1.5 million in funds for the non cooperation movement and helped organise bonfires of British goods in Ahmedabad and Gujarat. He also supported Gandhi’s controversial suspension of resistance in wake of the Chauri Chaura incident. He worked extensively in the following years in Gujarat against alcoholism, untouchability and caste discrimination, as well as for the empowerment of women.

With the suspension of the Non-Cooperation Movement, CR Das and Motilal Nehru endeavoured to give a new orientation to Indian politics through his Council-Entry programme, i.e. “Non-Cooperation from within the Councils”. They however met with vehement opposition from Gandhi and the “No-changers”. Thereafter CR Das, Motilal Nehru, the Ali brothers, Ajmal Khan, V. J. Patel, Pratap Guha Roy and others organised the Swarajya Party within the Congress. It was initially known as the Congress-Swaraj-Khilafat Party. Through the efforts of the Swarajists, Maulana Azad was elected President of the Congress Special Session at Delhi, where the programme of Council-Entry was approved. The programme was later confirmed at the Cocanada Session.

The Swarajya Party was the largest Party in the Central Legislative Assembly as well as in some of the Provincial Legislatures. From 1925 onwards it was recognised by the Congress as its political wing.
After the Simon Commission and the violence in its aftermath, an All-Parties Conference was convened by Dr. Ansari, the Congress President, and a Committee, including Tej Bahadur Sapru, an eminent lawyer and headed by Motital Nehru, was appointed to determine the principles of a constitution for free India. The report of the Committee – the Nehru Report as it came to be called – attempted a solution of the communal problem which unfortunately failed to receive the support of a vocal section of Muslim opinion led by the Aga Khan and Jinnah.

The Nehru Report, representing as it did the highest common denominator among a number of heterogeneous Parties was based on the assumption that the new Indian Constitution would be based on Dominion Status. Calcutta Congress (December 1928) over which Motilal presided was the scene of a head-on clash between those who were prepared to accept Dominion Status and those who would have nothing short of complete independence. A split was averted by a via media proposed by Gandhi-ji, according to which if Britain did not concede Dominion Status within a year, the Congress was to demand complete independence and to fight for it, if necessary, by launching civil disobedience. Gandhi had not only moderated the views of younger men like Subhash Chandra Bose and Jawaharlal Nehru, who sought a demand for immediate independence, but also reduced his own call to a one year wait, instead of two. The British did not respond. Mahatma Gandhi led the Civil Disobedience Movement that was launched in the Congress Session of December 1929. The aim of this movement was a complete disobedience of the orders of the British Government. On 31 December 1929, the flag of India was unfurled in Lahore session of the Congress and 26 January 1930 was celebrated as India’s Independence Day by the Indian National Congress.

The President of the historic Lahore session, Jawahar Lal Nehru was prompt to use the platform in order to declare Purna Swaraj or Complete Independence. The monumental Lahore Congress introduced the Civil Disobedience Movement.

This was followed by Gandhiji launching his famous Salt Satyagraha and the Dandi march in Gujarat. During the same time, revolutionaries Bhagat Singh, Sukhdev and Rajguru were arrested on the charges of throwing a bomb in the Central Assembly Hall. Asaf Ali, a freedom fighter and a prominent lawyer, defended the revolutionaries but they were hanged on March 23, 1931.
The government, represented by Lord Edward Irwin, decided to negotiate with Gandhi after the civil disobedience movement. The Gandhi–Irwin Pact was signed in March 1931. The British Government agreed to free all political prisoners, in return for the suspension of the civil disobedience movement.
After the signing of the Gandhi-Irwin Pact, Patel was elected Congress president for its 1931 session in Karachi—here the Congress ratified the pact, committed itself to the defence of fundamental rights and human freedoms, and a vision of a secular nation, minimum wage and the abolition of untouchability and serfdom. Patel used his position as Congress president in organising the return of confiscated lands to farmers in Gujarat.

Round table conferences

As a result of the pact, Gandhi was invited to attend the Round Table Conference in London as the sole representative of the INC. The conference was a disappointment to Gandhi and the nationalists, because it focused on the Indian princes and Indian minorities rather than on a transfer of power.

In 1932, another round table conference was organized and Ambedkar, an eminent lawyer and a Dalit leader was invited to attend the same. Ambedkar had been working for the social upliftment of the Dalits and lower caste people and was opposed to the Hindu idea of casteism and social discrimination. Through his campaigning, the government granted untouchables separate electorates under the new constitution. In protest Gandhi began a fast-unto-death while imprisoned in the Yerwada Central Jail of Pune in 1932 against the separate electorate for untouchables only. Ambedkar agreed under massive coercion from the supporters of Gandhi for an agreement, which saw Gandhi end his fast, while dropping the demand for separate electorates that was promised through the British Communal Award prior to Ambedkar’s meeting with Gandhi. This was the start of a new campaign by Gandhi to improve the lives of the untouchables, whom he named Harijans, the children of God. On 8 May 1933, Gandhi began a 21-day fast of self-purification to help the Harijan movement.

Second World War and the Quit India Movement

World War II broke out in 1939 when Nazi Germany invaded Poland. Gandhi promised to extend his support to the British in the war in return of the freedom, while Subhash Chandra Bose advocated taking advantage of the situation to expel the British Raj by any means necessary. This caused a fiction between the two and led to Bose resigning from INC. Leaders like Gobind Bhallabh Pant, who was also a lawyer by profession, acted as the tiebreaker between them.

Gandhi then declared that India could not be party to a war ostensibly being fought for democratic freedom, while that freedom was denied to India itself. In August 1942, Gandhi launched the ‘Quit India Movement’ and a mass civil disobedience movement. The movement was followed, nonetheless, by large-scale violence directed at railway stations, telegraph offices, government buildings, and other emblems and institutions of colonial rule. There were widespread acts of sabotage, and the government held Gandhi responsible for these acts of violence. All the prominent leaders were arrested, the Congress was banned and the police and army were brought out to suppress the movement.

Meanwhile, Netaji Subhash Chandra Bose, who stealthily ran away from the British detention in Calcutta, reached foreign lands like Japan and organized the Indian National Army (INA) to overthrow the British from India but it was only partially successful as Japan lost the World War and Netaji met with an air crash and died.

When three captured Indian National Army (INA) officers, Shahnawaz Khan, Prem Kumar Sahgal and Gurbaksh Singh Dhillon were put on trial for treason, the Congress formed a Defence committee composed of 17 advocates including Bhulabhai Desai. The court-martial hearing began in October 1945 at the Red Fort. Bhulabhai was the leading counsel for the defense. Afsal Ali also came to be the convenor of the INA defence team. Another prominent lawyer defending them was Kailash Nath Katju  who also defended the accused in the Meerut Conspiracy Case in Allahabad High Court in 1933. The successful release of all 3 officers was a great achievement on the part of the Indain lawyers.

Cabinet Mission and Partition

At the conclusion of the Second World War, the Labour Party, under Prime Minister Clement Richard Attlee, came to power in Britain. The Labour Party was sympathetic towards India‚Äôs freedom and a Cabinet Mission was sent to India in March 1946, which proposed the formation of an interim Government and convening of a Constituent Assembly comprising members elected by the provincial legislatures and nominees of the Indian states. An interim Government was formed headed by Jawaharlal Nehru who was an obvious choice given that he was the then President of the INC. Jawaharlal Nehru’s rise within the Indian National Congress (INC) was dramatic in the years following the Non-Cooperation movement.

A Constituent Assembly was formed in July 1946, to frame the Constitution of India and Dr. Rajendra Prasad was elected its President. The new Congress-led government invited Ambedkar to serve as the nation’s first law minister, which he accepted. Ambedkar was also appointed as the Chairman of the Constitution Drafting Committee, charged by the Assembly to draft India’s new Constitution. Ambedkar won great praise from his colleagues and contemporary observers for his drafting work.

However, the Muslim League refused to participate in the deliberations of the Constituent Assembly and pressed for the separate state for Pakistan. Lord Mountbatten, the Viceroy of India, presented a plan for the division of India into India and Pakistan, and the Indian leaders had no choice but to accept the division, as the Muslim League was adamant.

As a rule, Gandhi was opposed to the concept of partition as it contradicted his vision of religious unity.  He conducted extensive dialogue with Muslim and Hindu community leaders, working to cool passions in northern India, as well as in Bengal. Gandhi’s arrival in Delhi, turned out to an important intervention in ending the rioting, he even visited Muslims areas to restore faith of the Muslim populace. He launched his last fast-unto-death on January 12, 1948, in Delhi asking that all communal violence be ended once and for all, Muslims homes be restored to them and that the payment of 550 million rupees be made to Pakistan.

It was feared that instability and insecurity in Pakistan would increase their anger against India, and violence would spread across the borders. He further feared that Hindus and Muslims would renew their enmity and that this would precipitate open civil war. After emotional debates with his life-long colleagues, Gandhi refused to budge, and the Government rescinded its policy and made the payment to Pakistan. Hindu, Muslim and Sikh community leaders, including the Rashtriya Swayamsevak Sangh and Hindu Mahasabha assured him that they would renounce violence and call for peace. Partition was also resisted by Muslim leaders like Kitchlew who called it a blatant “surrender of nationalism for communalism”.

Vallabhbhai Patel was however one of the first Congress leaders to accept the partition of India as a solution to the rising Muslim separatist movement led by Muhammad Ali Jinnah. Following Gandhi’s and Congress’ approval of the Cabinet plan, Patel represented India on the Partition Council, where he oversaw the division of public assets, and selected the Indian council of ministers with Nehru. Patel later took the lead in organising relief and emergency supplies, establishing refugee camps and visiting the border areas with Pakistani leaders to encourage peace. Patel publicly warned officials against partiality and neglect.

The Constitution of India was finally adopted by the Constituent Assembly on 26th November 1949. On January 26, 1950, the Constitution came into force and Dr. Rajendra Prasad was elected the first President of India. C. Rajagopalachari became the first Indian Governor General after Lord Mount Batten in 1948. Both Prasad and Rajaji were the recipients of Bharat Ratna, the Indian government’s highest civilian award.

  1. Rajagopalachari, Jawaharlal Nehru and Sardar Patel also formed the triumvirate which ruled India from 1948 to 1950. Prime Minister Nehru was intensely popular with the masses, but Patel enjoyed the loyalty and faith of rank and file Congressmen, state leaders and India’s civil services. Patel was a senior leader in the Constituent Assembly of India and was responsible in a large measure for shaping India’s constitution.  Patel was a key force behind the appointment of Dr. B.R. Ambedkar as the chairman of the drafting committee, and the inclusion of leaders from a diverse political spectrum in the process of writing the constitution.

As the first Home Minister andDeputy Prime Minister of India, during the partition, Patel organised relief for refugees in Punjab and Delhi, and led efforts to restore peace across the nation. Patel took charge of the task to forge a united India from the 565 semi-autonomous princely states and British-era colonial provinces. Using frank diplomacy backed with the option (and the use) of military action, Patel’s leadership enabled the accession of almost every princely state. Hailed as the Iron Man of India, he is also remembered as the “Patron Saint” of India’s civil servants for establishing modern all-India services. Patel was also one of the earliest proponents of property rights and free enterprise in India.

Thus the saga of Indian freedom came to an end as India woke up to freedom in the midnight of 14th August, 1947. The contribution of the lawyers and jurists in this struggle for liberty, equality, justice and truth however remains unparalleled.

SOURCE- BAR COUNCIL OF INDIA

 

Representation of Women In Legal Profession In India

person DateMarch 8, 2017

The legal profession has always been an important limb for the administration of justice in each and every sphere, and the path of women in the legal profession can very easily be marked out as a process of continuing challenge. As it is rightly said by The Mahatma Gandhi ji “So long as women in India do not take part in public life, there can be no salvation”. And it is rightly proved by many female legal professionals who are working in public interest.

The status of women in India has been subject to many great changes over the past few millennia. With a decline in their status from the ancient to medieval times,[ to the promotion of  equal rights by many reformers, the history of women in India has been eventful. In modern India, women have held high offices including that of the  President, Prime Minister, Speaker of Lok Sabha, chief Justice or advocate etc.[1]

There are lot many woman who have inspired women or created a platform for women to archive lot irrespective of stream. Like, Peary Charan Sarkar, a former student of Hindu College, Calcutta and a member of “Young Bengal”, set up the first free school for girls in India in 1847 in Barasat, a suburb of Calcutta (later the school was named Kalikrishna Girls’ High School).[2]

In the past women were supposed to hold household work and men were supposed to work outside. But as the rate of education is growing, the women are now showing their talent in every field irrespective of profession. Firstly, Legal profession used to be considered as insecure or unsafe for women but now women have proved themselves in that field too. The best example of which is Cornelia Sorab ji, who was the first female advocate in India. She worked for the society throughout her life like she worked on behalf of purdahnashins.

The profession of law has been a male dominated field since 19th century in India. Women were refused the privilege to practice law until High Court of Allahabad took lead and permitted Miss Cornelia Sorabji in 1921 to practice law.[1]  Since then, the % of women in legal profession has been increased. Since 1970 the % is increasing rapidly. But women faces lot many problems in practicing in court and thus, the profession itself derives less number of women.

Now days, the pioneer of the movement for entry of women in draftsmen and assistants is also remarkable.

The women participation in the judiciary cannot be seen much.  As currently, Justice R. Bhanumathi is the only women judge among 29 judges of Supreme Court.[2]

Government is playing a great role in supporting women in every aspect even more in legal aspect. First step is taken by state as it gave a legal platform to women to emerge as an advocate or to emerge as an magistrate or drafts person etc. (more…)

MEDICO LEGAL ASPECT OF DEATH

person DateMarch 6, 2017

 

“Medicolegal” is the term, which incorporates the basics of two sister professions i.e. Medicine and Law. Everybody talks about the law but few, aside from lawyers, judges and law teachers, have more than the vaguest notion of what constitutes law. The average layman often has about as much accurate information about the law as he has about medicine-or life on Venus. And, unfortunately, two professional groups suffer from more ignorance of law and medicine than is good for them: lawyers, at least those who do not constantly deal with medical issues in their legal practice, know very little about the medical profession and its problems; physicians frequently comprehend too little about the law and how it affects them in the practice of their profession. Medico legal experts can provide a link between these two professions for their smooth & effective functioning in a scientific manner. The physician meets the law at every turn. He confronts it when, as the treating doctor, he is subpoenaed as a witness in a personal injury lawsuit; he meets it when his aid is sought as an expert in connection with a claim that another member of his profession has been negligent and when he is faced in his office or clinic by a narcotic addict, a man with a gunshot wound, or a young couple seeking a blood test. He is face-to-face with the law when he is required to render an aggravating array of governmental reports or to preserve physical evidence for the benefit of a law enforcement agency. The physician, in fact, finds a great deal of the law intensely irritating, often because he is not absolutely clear as to its purpose.

IMPORTANCE OF DEATH CERTIFICATES

Provision of data for vital and cause-of-death statistics is undoubtedly the primary purpose of death certification. However, despite the constantly increasing importance of this statistical aspect, it should not be forgotten that a death certificate is always also a medico-legal instrument. Equal consideration must be given to the statistical and the medico-legal aspects of death certificates, and this will in turn enhance the reliability of cause of-death statistics. A death certificate serves many purposes and many users. It is, or may be, important for the following individuals, institutions or purposes: the deceased and his family, the physician and hospital, the undertaker and those authorizing burial, legal certification, cause-of-death statistics, scientific research, the police, the judiciary, insurance companies, the public health services, and accident prevention. All of the above have their own specific demands for information in death certificates, in addition to which they have in common a demand for reliability of certification. This can best be achieved if the death certificate is treated as a medico-legal document and is completed with the care and attention usually accorded to such records.

 

 

THE FOLLOWING SUBJECTS DEAL WITH ALL THE ABOVE ASPECTS OF LAW AND MEDICINE:-

# Forensic Medicine

# Medical Jurisprudence

# Toxicology

Medical jurisprudence is the application of medical science to legal problems. It is typically involved in cases concerning blood relationship, mental illness, injury, or death resulting from violence. Autopsy is often used to determine the cause of death, particularly in cases where foul play is suspected. Post-mortem examination can determine not only the immediate agent of death (e.g. gunshot wound, poison), but may also yield important contextual information, such as how long the person has been dead, which can help trace the killing. Forensic medicine has also become increasingly important in cases involving rape. Modern techniques use such specimens as semen, blood, and hair samples of the criminal found in the victim’s bodies, which can be compared to the defendant’s genetic makeup through a technique known as DNA fingerprinting; this technique may also be used to identify the body of a victim. (more…)

LIABILITY OF CELEBRITIES

person DateMarch 1, 2017

LIABILITY OF CELEBRITIES                                                      

A case had been lodged against Nestle India by UP food regulator FSDA in a local court at Barabanki in Uttar Pradesh over safety standards of its Maggi, while actors Amitabh Bachchan, Madhuri Dixit and Preity Zinta were also separately dragged to court for promoting the ‘two-minute’ noodles brand.

According to Food and Consumer Affairs Minister Ram Vilas Paswan, everybody associated with the “misleading ad” put out on the nutritive value of Maggi Noodles was liable for action under the Food Safety and Standards Authority of India (FSSAI).

A court in Muzaffarpur directed to lodge an FIR against Bollywood actors Amitabh Bachchan, Madhuri Dixit and Preity Zinta for endorsing Maggi noodles. Can the Bollywood stars who endorsed Maggi be held liable for its injurious effects on consumers?

The case has been filed under IPC sections 270 (malignant act likely to spread infection of disease dangerous to life), 273 (sale of noxious food or drink), 276 (sale of drug as a different drug or preparation) and 420 (cheating and dishonesty).

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FORENSIC REPORT AND IT’S LEGAL BINDING

person DateFebruary 26, 2017

Forensic science is the application of science to collect evidence in order to solve a criminal case. Sometimes forensic science is also used in civil matters in order to testify evidences which are used to produce in civil matters. Forensic scientists collect, preserve, and analyze scientific evidence during the course of an investigation. While some forensic scientists travel to the scene to collect the evidence themselves, others occupy a laboratory role, performing analysis on objects brought to them by other individuals.

In addition to their laboratory role, forensic scientists testify as expert witnesses in both criminal and civil cases and can work for either the prosecution or the defense. While any field could technically be forensic, certain sections have developed over time to encompass the majority of forensically related cases.In simple terms forensic science can be put across as a study and application of science to matters of law.  The intersection of science and law provides new tools and methodologies for discovering truth.  Forensic law also includes the business of providing accurate, timely, and thorough information to all levels of decision makers in our criminal justice system.  The word “forensic” is derived from the Latin word “forensis” which means forum, a public place where, in Roman times, senators and others debated and held judicial proceedings. Forensic science is a multidisciplinary subject used for probing crime scenes and gathering evidence to be used in prosecution of offenders in a court of law.  Forensic science techniques are also used to examine compliance with international agreements regarding weapons of mass destruction.  The main areas used in forensic science are biology, chemistry, and medicine, although the science also includes the use of physics, computer science, geology, and psychology. Forensic scientists examine objects, substances (including blood or drug samples), chemicals (paints, explosives, toxins), tissue traces (hair, skin), or impressions (fingerprints or tidemarks) left at the crime scene. (more…)

Right to Education In India

person DateFebruary 26, 2017

The right to education is a universal right of education. This is recognized in the International contract on Economic, Social and Cultural Rights as a human right that includes free right to elementary education for all, an obligation to develop secondary education accessible to all, in particular by the progressive introduction of free secondary education, as well as an obligation to develop equitable access to higher education, ideally by the progressive introduction of free higher education. Today, almost 70 lakh children across the world are prevented from going to school each day.

The right to education also includes a responsibility for the society to provide basic education for children who have not completed primary education. In addition to these access to education provisions, the right to education encompasses the obligation to rule out discrimination at all levels of the educational system, to set minimum standards and to improve the quality of education.

Assessment of fulfillment

The basic protocol to encompass the right to education is by using the 4 A’s framework, which emphasis on the educationwhich is to be a meaningful right, accessible, acceptable and adaptable. The 4 A’s framework was developed by the former UN Special Reporter on the Right to Education, Katarina Tomasevski.

The 4 A’s framework proposes that a governments has to bear as the prime server, have to respect, protect and fulfill the right to education by making education available, accessible, acceptable and adaptable. The protocol also places duties on other stakeholders in the education process: the child, which as the privileged subject of the right to education has the duty to comply with compulsory education requirements, the parents as the ‘first educators’, and professional educators, namely teachers. (more…)

COMMERCIAL COURTS ACT 2015

person DateFebruary 21, 2017

COMMERCIAL COURTS ACT, 2015

 The Commercial Courts, Commercial Division and Commercial Appellate Division of High courts Act, 2015 (The Commercial Courts Act, 2015) ,as it is shortly called is an important step taken by the Government of India in respect of commercial disputes to speed up the judicial system.  The Act received president`s assent on 31st December, 2015 and it came into force on 23rd October, 2015.

In the bill, a COMMERCIAL DISPUTE is defined to include any dispute related to transactions between merchants, bankers, financiers and traders etc. Such transactions deal with mercantile documents, partnership agreements and intellectual property rights etc. [Section 2 (c) of Commercial Courts Act, 2015]. It is to create commercial courts at district level to deal with commercial disputes.

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CHILD LABOURERS

person DateFebruary 17, 2017

CHILD LABOURERS

 

What is child Labour?

Work that deprives children of their childhood, their potential, their dignity, and which is harmful to their physical and mental development is child labour.

Laws related to child Labour:

  • Child Labour (prohibition and Regulation) Act of 1986:

            This act prohibits the employment of children below the age of 14 years in hazardous occupations listed by law.

Initiatives against Child Labour in India:

Many NGOs like BOSCO, Child line, Child Rights and You, Bachpan Bachao Andolan, Child fund, Global March against child Labour, Pratham work for Child Rights. (more…)

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