Right to life and the ethics of euthanasia

It is believed across the globe that, God created this world, and the creation of life is assumed to be the most precious thing in the earth. It is immaterial, how advanced Science and technology we have, the secret behind the cause of life and death remains uncertain. Well, legally speaking, every human being has got a right to life. In India, Article 21 of the Constitution guarantees Right to life...

Writ of Habeas Corpus and Indian Constitution

Writ of habeas corpus is issued in the form of an order calling upon a person who has detained another person to bring that person before the court to let it know under what authority he has detained that person. Habeas Corpus is a process by which a person who is confined without legal justification may secure a release from his confinement. It is an effective way of immediate release from unlawful...

Armed Forces Special Power Act and women safety

Armed Forces Special Power Act and women safety
Maitri Tandon, Student of Law, Symbiosis Law School ABSTARCT This research paper concerns in itself the scenario of the northeastern and the northern states of our country, India after the inception of the Armed Forces Special Power Act. The researcher has penned down her own views on, what should be the ambit of area in which the Act should be imposing. Here, in this paper various cases are cited,...

DOT ordered to ban porn sites in India

Porn websites blocked in India
Most of the websites which are delivering pornographic contents are at present in accessible in India, on several Internet Service Providers (ISP’s). With effect from August 1, 2015 most of the internet service providers are displaying either a blank page or “Directory does not exist”. Some browser displayed even the message “Your requested URL has been blocked as per the directions received...

Pay Compensation if police fail to crack cases

Chennai HC
While passing interim orders, on a petition filed by the father of a 15-year-old girl, who was murdered for gain in Pudukottai district in March 2011, Justice S Nagamuthu of the Madras High Court held that, the State government is liable to pay compensation to the victims even in cases which remain unsolved for years together and recover the money from the criminals after the police succeed in nabbing...

Don’t hang the convicts hurriedly and secretly, says Supreme Court

Supreme Court of India
Supreme Court on in its recent judgment said that the execution of death sentence cannot be carried out in a hurried and secret manner. A bench of justices AK Sikri and UU Lalit of the Apex Court observed that proper procedure must be followed by Government authorities and execution cannot be done till the convict exhausts all remedy available to him to save his life. Supreme Court, while quashing...

Misuse of sexual harassment laws in India

Raghavi Viswanath The Indian judiciary has seen a decelerated evolution with regards to sexual harassment laws. This article seeks to highlight and analyze the various flaws in the legal apparatus to deal with sexual harassment as it exists today. One of the most dubious provisions is Section 498-A of the Indian Penal Code. While the provision has been created to protect women from marital violence,...

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 – An Analysis

Vishnu S Warrier Sexual harassment is an act that creates a hostile working environment which may be by way of cracking lewd jokes, verbal or physical abuse, circulating lewd rumors etc. Though, India had signed and ratified Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) way back in 1993, we did not have a specific legislation to address the issue of sexual harassment...

GOING BACK TO SQUARE ONE: SC shows red signal to Gay rights

Aastha Mehta In a thought-provoking judgment on Wednesday, Supreme Court of India describes homosexuals as “miniscule fraction” of the population, a term which has not gone too well with those who have been fighting to get a voice in the mainstream, starting from agencies working for Gay rights to NGOs, and the all those who were directly involved with the outcome of the case. The court has made...

Right to Live Includes Right to Have Good Food

Ipsita Mishra Supreme Court has said that the right to life and dignity also includes right to have good food free from harmful pesticides and insecticides, antibiotic residues, etc. The Food Safety and Standards Authority of India have been asked to conduct surprise inspections of major vegetable and fruits markets. State has a duty to achieve an appropriate level of health and protection of human...

Transgenders should have right to informed choices

Ipsita Mishra The transgender are being discriminated in every stage of life. They are disregarded in our Indian society and hence deprived of their rights. They have their constitutional rights and they need to realize their voice against any form of injustice.  The Supreme Court has asked the government to recognize them as third sex or giving them choice of being identified as male or female. Every...

Right to Life: Reshaped Again

Aastha Mehta, Student of Law, GNLU, Gandhinagar Supreme Court has again taken favored stand for the citizens of the country, by criticizing the Government for not having any framework of rules for clinical trials in India. In a PIL filed by NGO Swasthya Adhikar Manch, the apex Court has directed the government that no clinical trials of untested drugs usually tested on volunteers and patients will...

Environmental protection and role of judiciary in India

Anshu Bansal, Research Associate Can Judiciary manage the Environment? The role of the judiciary is really important as the role of mitochondria of a living human cell. Had the judiciary turned the deaf ear towards environmental problems it could not be in any way came to celluloid1. It is true that the major compelling force behind number of legislations can be attributed to the active role played...

Judicial Activism in Environmental Protection: An Environmentally Active Judiciary

Author: Nivedita Saxena, Research Associate Judicial activism is essentially the terminology for judicial rulings that are suspected of being based on personal, political or other considerations rather than the existing laws and go beyond the scope of judicial review. Black’s Law Dictionary defines judicial activism as a “philosophy of judicial decision-making whereby judges allow their personal...

Constitutional & Legislative Provisions for the Protection of Environment

Author: Anshu Bansal, Research Associate “We have to live on the earth. We cannot go and live on the other planets. Let us keep the earth clean. Let us keep the atmosphere peaceful”. -V.D.KULSHRESHTHA Indian constitution is the bulkiest constitution in the world and it is the only constitution which recognises the right to healthy environment in its broadest sense. Taken together, the provisions...