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Banning commercial surrogacy

sneha majumder

  If anyone wants to know about surrogacy and how does it work in India then Gita Aarvamudus's book Baby Makers could be the ideal choice. Surrogacy is not any more hidden pearl it becomes an ideal choice for the couple who is having a tough time to conceiving a baby. But in recent time India has emerged as a surrogacy hub for couples from different countries and there have been reported incidents concerning unethical practices, exploitation of surrogate mother. The 228th report of the Law Commission of India has also recommended for prohibiting commercial surrogacy and allowing ethical surrogacy to the needy Indian citizens by enacting a suitable legislation.    The Union Cabinet chaired by the Prime Minister  Narendra Modi has given its approval for introduction of the "Surrogacy (Regulation) Bill, 2016".  The Bill will regulate surrogacy in India by establishing National Surrogacy Board at the central level and State Surrogacy Boards and Appropriate Authorities in Read More

Peace in Ayodhya or Pieces of Ayodhya

Demolition of Babri Mosque and the Ram Mandir the Main Issue of 1991 and the reason behind the political rally turning into the riots. Why is it controversial? What are the reasons that are responsible for the Ram Mandir? It is a battle between Hindu and Muslim. Well, we have to go to the past to understand the depth of the controversy. The place name is Ayodhya, the birthplace of Lord Rama, Hindu consider as the heaven of the India because it is a birth place of Lord Rama, along with Lord Rama, it is also a birthplace of his three brothers Bharath, Laxman, and Shatrughan. The main controversy started when the Brahmins claimed that the place where the Babri Mosque is built it is the place where Lord Rama was born. The Babri Mosque was built by one of the followers of the Babur in 1528 after destroying the Ram Mandir. Disputes started from 1850 when the people started for the demolition of the mosque, the matter was not at all entertained because the colonial rule was there. 1980 was Read More

Principles of Injunction

sneha majumder

The injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing specific acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions. In some cases, breaches of injunctions are considered serious criminal offenses that merit arrest and possible prison sentences. Injunctions are preventive, prohibitive or restrictive i.e. when they prevent, prohibit or restrain someone from doing something or mandatory, i.e. when they compel, command or orders some persons to do something. It is not the plaintiff alone who can apply for Interim Injunction. A defendant can also make an application for grant of an injunction against the plaintiff. An injunction may be issued only against a party and not against a stranger or 3rd party. In our country, the Specific Relief Act, 1963 provides a large number of remedial aspects of Law. This Act came into force in the replacement Read More

Justice delayed is Justice denied

"Justice delayed is justice denied", said by an advocate who was standing near to me. I turned towards him and enquired as of how he was so sure about it. He said he is an advocate for the last 15 years and had seen many cases, a lot of delay and people waiting for years. People say that justice is impartial. It is a decision given by magistrate that cannot be wrong. Our judiciary system gives judgment on the basis of evidence and facts. All the case proceedings, facts, figures are represented with the help of the evidence only. The magistrate doesn’t see the sentiments or morals of plaintiff and defendant. It takes a long time to get the judgment filed by the plaintiff, lack of evidence, manipulation of facts, shreds of evidence leads to the delay of the judgment. Our system is not that strong that there can be a committee or a workforce that handle it and there can be speedy progress on it. The recent survey shows that there are more than 3.5 crores cases are pending in the courts Read More

Critique of SEBI

Arushi Sethi

Critique of SEBI Introduction To give a brief description, Securities and Exchange Board of India (SEBI) is the regulator for the securities market in India. The Preamble of the Securities and Exchange Board of India describes the basic functions of the Securities and Exchange Board of India as " protect the interests of investors in securities and to promote the development of, and to regulate the securities market and for matters connected there with or incidental there to". Critique It would be uncharitable to say that SEBI has done little in the last 27 years. The transparency in share trading, quicker pay-ins and pay-outs, dematerialisation of securities, speedier IPOs are some of the reforms for which due credit ought to be given to SEBI. Despite all that SEBI has achieved the question whether a small common investor is satisfied with the functioning of the body persists, and it is therefore necessary to introspect. Complainants unhappiness There exists a general Read More

Informed Consent: The Heart of Medical Law

Arushi Sethi

Informed Consent: The Heart of Medical Law “With Henrietta unconscious on the operating table…though no one asked if she wanted to be a donor—[Dr.] Wharton picked up a sharp knife and shaved two dime-sized pieces of tissue from Henrietta’s cervix.” – The Immortal Life of Henrietta Lacks, pg. 33 The doctrine of informed consent, aimed at the lawfulness of health assistance, tends to reflect the concept of autonomy and decisionally-capacitated consent. It means that before a person’s body is put under knife for surgery, he/she knows what the doctor is going to do and in knowledge of that has given consent for the same. An informed consent can be said to have been given based upon a clear appreciation and understanding of facts, implications, and consequences of an action. It is a tool used to govern the relationship between physicians and patients.   Introduction It is well known that the patient must give valid consent to medical treatment; and it is Read More

All about Public Interest Litigation

sneha majumder

Public Interest litigation, itself says that this is a litigation for any public interest. It is entirely a new litigation started by the Supreme Court to give chance to the poor and other oppressed persons of society to knock the door of High Court or Supreme Court for enforcing their Fundamental Rights. A Public Interest Litigation (PIL) can be filed in any High Court or directly in the Supreme Court.It is not necessary that the petitioner has suffered some injury of his own or has had a personal grievance to litigate. PIL is a right given to the socially conscious member or a public spirited NGO to espouse a public cause by seeking judicial for redressal of public injury. Such injury may arise from breach of public duty or due to a violation of some provision of the Constitution. Public interest litigation is the device by which public participation in the judicial review of administrative action is assured. It has the effect of making judicial process little more Read More

Legitimacy of Law

Introduction Law is a set of rules and regulation framed by the government so that the people of country as well as government can follow them. When it comes to law most of people are scared from the law they think that the law will not give their rights and freedoms but they are wrong. Laws are framed for the country only so they can know about them and can claim their rights. Well our system is not performing according to their competency. The country has passable laws but glitches arise when they are not implemented in letter and spirit and many people seek legal recourse when such problems arise. There are laws for almost everything. For example they have labor law, narcotics act, IPC etc. But still India is lacking behind in the name of justice and there is exploitation of the people who are living in the country. India has a common law legal system innate from the colonial era. India follows the laws passed by the britishers, they passed Indian Contract Act, Indian Penal Code Read More

Demonetising India : Time for India to emerge as a Cashless Economy.

The Demonetisation Step At 8 p.m. on the 8th of November, 2016, Prime Minister Narendra Modi, declared the demonetisation of the currency notes of Rs. 500 and Rs. 1000, rendering them invalid as legal tender, through a live-telecast. The Indian currency has been demonetised twice before in 1946 and 1978, however the recent announcement came as a shock to the Indian population. The government cited reasons such as curtailing the circulation of ‘black money’ and tax evasions in the economy. The populace was greatly inconvenienced due to the non-availability of cash, on the 8th of November; the transactions in those denominations of currency amounted to 14.2 lakh crores, around 86% of total cash transactions. The move was further led by non-ending queues outside banks and political discussions. Reason behind the drastic move The main reason that governs the strong move of Demonetisation taken by the Government is the pervasiveness of black money and tax evasion in the Indian Read More

8TH FUNDAMENTAL RIGHT--- "To develop the scientific temper, humanism and the spirit of inquiry and reforms"

Medha varshney

FUNDAMENTAL DUTIES FACING THE INADEQUACIES IN THE IMPLEMENTATION OF SOCIAL JUSTICE PROVISION DUE TO NON JUSTICIABLITY OF DIRECTIVE PRINCIPLES, COMMENTATORS HAVE ALSO POINTED OUT THAT OUR CONSTITUTION IS EMBATTLED AND IMPERILLED BECAUSE WE HAVE FAILED TO IMPREGNATE OUR SOCIAL AND POLITICAL PROCESS WITH PATRIOTIC ZEAL AND FULFILL THE ASPIRATIONS. TO OVERCOME THIS REALITY ARTICLE 51-A AND PART IV-A WERE INTRODUCED BY 42ND AMENDMENT IN 1976. Everyone has duties to the community in which alone the free and full development of his personality is possible (1) For understanding the fundamental duties is it necessary to know the basic meanings of these terms. Fundamental Something that is an essential or necessary part of a system or object. (2). fundamental means the basic feature of law. Why this law is prevailing in our country. As we can also say “our birth right”. Duties A duty mean that some person has to do something or abstrain from doing something in favour of another Read More

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