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THE STATE V. SUSHIL SHARMA (Case Comment)

This Article seeks to engage in an analysis of the case The State v. Sushil Sharma popularly known as the ‘Tandoor Murder Case’. The paper will discuss the series of events (facts) that led to the murder and the rules applied in the case. The analysis part of the paper is divided into three parts: Part I discusses how the Sessions and High Court convicted the appellant with a death sentence, Part II gives a perspective as to how the judgement was given by the court relying only on circumstantial evidence and Part III looks into how the Supreme Court turned death sentence to life imprisonment.  This heinous crime still remains one of the most horrific and dreadful cases in the criminal justice system.

RIGHT TO HEALTH IN THE CORONA TIMES

After having established that the Right to Health is a fundamental right under Article 21 of the Constitution of India, the efficacy of the right is still questioned in the times of the pandemic. This Article shall consider balancing the Right to Dignity with Right to Health in the ‘Corona times’ by analysing the cost of the COVID tests in India in comparison to other countries. 

STATE OF MEGHALAYA V. ALL DIMASA STUDENTS UNION & ORS.

The significant Judgment by the Honorable Supreme Court of India has spurred up the talks on the illegal rat-hole mines in the country. The case that happened in the hills of Meghalaya’s East Jaintia were, fifteen miners encroached into a flooded coal mine which had become the most significant human tragedy of the illegal rat-hole mining that continues under the very nose of the authorities[1]. The rat-hole mining means, the miners are involved in the digging of narrow and barely three to four high tunnels for the workers to pass through it, to extract the coal which earns a high profit. Water from the river flooded the mine, only five miners were able to climb the mine, rest all were trapped heavily criticised officials for being sluggish in mounting an effective rescue operation.

A SILENT DEATH OF RULE OF LAW: ENCOUNTER KILLINGS

If you believe in right to life, then you must also believe in the right to have the means to defend that life.” – Charley Reese
Out of all the rights available to humans, the right to life is understood as the most supreme one. This is because of the reason that if there is no life, then the enjoyment of other rights available becomes all but, nullified and crucified. The Indian Constitution collated with a plethora of the Supreme court judgments delivered over the past 70 years, have predominantly held the right to have a life- the most inevitable of all. This right is considered as one of the most significant units of the Golden Triangle Doctrine[1], which further highlights the sensitivity of the Indian Courts towards the cardinal human rights’ principles. The duty for protecting these rights is handed over to the executive organ of the government and in common parlance, the police force of a nation is responsible for maintaining equilibrium between the human rights and law and order. Lately, the incidents of fake encounters or revenge encounters have brought the legal vacuum in this specific area of governance, to the fore. It thus becomes pertinent to understand the ailing components of this legal sphere, in much greater detail. 

“AtmaNirbhar Bharat: Reforms in Atomic Energy Sector”

Introduction The Prime Minister recently announced the AtmaNirbhar Bharat Abhiyan with an economic stimulus package of 20 lakh crores to achieve the mission. New Horizons of Growth is the clause that typifies the FM’s fourth tranche of Aatma Nirbhar Bharat Abhiyan. The credible mission in India aims to reduce import dependency by focusing on replacements …

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JUDICIAL CONFESSION AND ITS RELEVANCY

The principle of confession is one of the vital elements in law and only applicable in the criminal cases, and not in civil cases. The provision regarding confession finds its presence in various acts like the Indian Evidence Act, 1872 (hereinafter IEA), CrPC, 1973, NDPS, etc. In legal phraseology, confession means acceptance of guilt by the accused. The substantive provision regarding confession has been laid down in IEA, but the Act doesn’t define the term “confession”, it only successfully differentiates between the two-term confession and admission. Confession has first been used in section 24, and subsequently in s.24-30. While the sections relevant for the admission are given between 17-31 of the Act. Hence, it follows that all admissions aren’t a confession, but all confessions are admission. 

CAN PROSTITUTES BE RAPED? A NEGLECTED REALITY!

Prostitution is one of the oldest professions present in India. It dates back from the times of Mughals, in those times ‘tawaifs’ were treated with royalty, and now in the present time, it is considered as an indecent act? Is our mindset going backwards or forward? Are we becoming broad-minded or narrow-minded? 

The COVID -19 Pandemic- “A Human Tragedy”

The situation brought to life by this organism called SARS-COV2 saw the lives of the Homo – Sapiens around the globe coming to a standstill, the places which for other times have been manned by thousands and thousands of people a day suddenly witnessed the quietest and the unusual tranquillity hauling its grounds all at once. With countries across the Globe reacting to this pandemic with Lockdowns, in the wake of the scientists all over the world still working on making the Virus’ antidote, it soon explicated to the people at large that this isn’t just a  Health Crisis.

Grant of Bail in the age of COVID-19: A Dilemma

The spread of COVID-19 (coronavirus disease 2019) pandemic across nations is an unrivalled situation in recent times and is one of the greatest challenges that we have faced since World War II. It is threatening the lives of people across the world. The only way to restrict its spread and alleviate the imposition of the impact of worldwide lockdown is to have a vaccine. Numerous measures are been taken such as testing people at large scales, tracing travel histories and restricting travel, quarantining citizens and restriction on large gatherings. So there arises a question about overcrowding of jails following the outbreak of the virus as India ranks number fifth in the world prison population. Therefore, releasing prisoners by granting them bail in order to decongest prisons in light of COVID-19 pandemic important or not?