SHOULD THE RIGHT OF A CONCEIVED RAPE SURVIVOR OUTWEIGH THE RIGHT OF AN UNBORN CHILD?

Rights have always been a rhapsodic topic of debate. And it would not be an exaggeration to categorise “The Right to Life and Personal Liberty” as the most exhilarating right. This particular right does not have a parochial outlook but a progressive outfit. It becomes a herculean task for an individual to delineate the boundary of the ‘Right to life’. If simply demarcating its ambit is such onerous, one cannot even imagine how cumbersome it would be to compare between the right to life and personal liberty of two different individuals. In this paper, we would try to strain every nerve and sinew to make a fruitful comparison between the rights of two inextricably linked individuals: – a conceived rape survivor and an unborn child. 

SHOULD THE RIGHT OF A CONCEIVED RAPE SURVIVOR OUTWEIGH THE RIGHT OF AN UNBORN CHILD? Read More »

INSENSITIVE JOURNALISM: A LEGAL PERSPECTIVE

The basic goal of journalism is to serve the individuals with the news and data on public matters in a reasonable, precise, impartial, modest way and language. Media has the power to ensure that the issues and grievances of the different sections of the society are reached to the government.  The tragic news of the demise of Bollywood actor, Sushant Singh Rajput was trailed by a commotion for the lamentable way the news was communicated by different conventional news channels of the nation. It shows the inhumane desire for constant media coverage in degrading ways only for TRPs. The unexpected loss of a young brilliant actor was not desensitizing enough; Indian media aggravated it with their harsh inclusion of the matter. A father who had quite recently lost his young child had a mic pushed into his face. Pictures of Sushant’s body were shared alongside realistic subtleties of how he took his life without even blurring his face. This shows how Indian media demonstrated its lack of ability to find ways only for TRP.

INSENSITIVE JOURNALISM: A LEGAL PERSPECTIVE Read More »

Self-Reliant India: A Road Ahead By Reframing the Foreign Investment Policy

The present context of the Indian market is such that most of the foreign companies want to invest in India. The “Make in India” scheme has also invited many foreign investors on this land. Moreover, during this global pandemic of Covid-19 many industries are moving out of China and want to come to India for setting up their companies but the investment in India is governed by some laws which cannot be overlooked and have to be kept in compliance while investing in the Indian market. The amendment is done under Section 46 of the Foreign Exchange Management Act, 1999[1] which legally empowers the central government to make rules by public notification related to foreign investment. So the act of the government to channelise the foreign investment policy is legally valid and has been done in the wake of giving opportunities to the domestic entrepreneurs of the nation.

Self-Reliant India: A Road Ahead By Reframing the Foreign Investment Policy Read More »

REJOINDER, NON-JOINDER AND MISJOINDER IN A CIVIL SUIT

It is always essential to have at least two parties in a civil suit, where one is the party who has filed the suit and the other is the opposing party against whom the suit has been filed. All the parties whose name is there in the suit do not mean that they are needed one and they may be the non-necessary party, so as to know the concept of joinder, non-joinder and misjoinder, first we need to know the concept related to necessary and non-necessary parties.

REJOINDER, NON-JOINDER AND MISJOINDER IN A CIVIL SUIT Read More »

AN UNSEEN FACE OF POLICE

Police brutality manifests itself both on and off the street in the form of lathi charges, provocative _ring on citizens, public shaming and beating, fake encounters, custodial torture happening in the police station and other penitentiaries. The Third Report of the National Police Commission noted that nearly 60 % of arrests in India were either unnecessary or unjust.

AN UNSEEN FACE OF POLICE Read More »

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.

THE STATE V. SUSHIL SHARMA (Case Comment) Read More »

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. 

RIGHT TO HEALTH IN THE CORONA TIMES Read More »