Parenting and Law
Problems of the Scheduled Caste- a.1) Lowest Status In The Hierarchy- In the caste hierarchy the Scheduled Castes are awarded the lowest status. They are considered to be unholy, inferior and low and are hated by the other castes. They have suffered from the stigma of untouchability. Their image is considered to be polluting for... Continue Reading →
Integrated Rural Development Program (IRDP)- The Integrated Rural Development Program is one of the largest micro-enterprise programs in the world, having reached 50 million borrowers since its inception in 1979. It seeks to raise the incomes of the poor beneficiaries to a level above the poverty line by requiring the banks to extend loans to... Continue Reading →
Independent India paid due attention to the problem of poverty and undertook many measures and launched many schemes, programs and projects for the upliftment of the poor. ANTI-POVERTY PROGRAMMES Some of the poverty alleviation programs launched from time to time by the government are discussed below- . INTEGRATED RURAL DEVELOPMENT PROGRAM (IRDA) 1978-79 . DEVELOPMENT... Continue Reading →
The Indian Planning Commission defined “poverty line” on the basis of nutritional requirements of 2400 calories per person per day for rural areas and 2100 calories per person per day for urban areas. POVERTY TYPES Absolute Poverty- Absolute Poverty is often known as “subsistence poverty”. Here Individual is not able to meet the basic “physical... Continue Reading →
Measuring Human Development- The Human Development Index (HDI) ranks the countries based on their performance in the key areas of health, education and access to resources. These rankings are based on a score between 0 to 1 that a country earns from its record in the key areas of human development The indicator chosen to... Continue Reading →
Identification of Poverty- The basic factor to identify poverty is to get familiar with the lifestyle of an individual how does he live, is he having all he basic necessities of the life, does he have good housing facilities, good amount of food, potable water resources, does he have good income job, is the individual... Continue Reading →
“That condition in which a person either because of inadequate income or unwise expenditures, does not maintain a scale of living high enough to provide for his physical and mental efficiency and to enable him and his natural dependents to function according to the standards of society of which he is a member” John L.Gillian... Continue Reading →
CONCLUSION AND SUGGESTIONS In the words of Dr Jack Kevorkian “For those who are facing a terminal illness, who are in irremediable pain and suffering, and wish to exercise their right to die with dignity, a system should be available to them”. In the words of Mahatma Gandhi “Live as if you were to die... Continue Reading →
The burden of proving the offence is always on the prosecution, the prosecution has to prove the offense beyond reasonable doubt. But onus of proving the elements mentioned in Section 84 of the IPC are on the accused (Section 105 of the Evidence Act) To claim the defense of insanity defense have to prove that... Continue Reading →
RIGHT TO PRIVACY A FUNDAMENTAL RIGHT A nine-judge bench of the Supreme Court on August 24, 2017 has ruled that Indians enjoy a fundamental right to privacy that it is under Article 21 of the Indian Constitution. In its 547 page judgment that declares privacy to be a fundamental right, the Supreme Court has overruled... Continue Reading →
Article 21 Protection of life and personal liberty- No person shall be deprived of his life or personal liberty except according to procedure established by law. Life and Personal Liberty- Article 21, even though couched in negative language, confers on every person the fundamental rights to life and personal liberty and has become an inexhaustible... Continue Reading →
Distinction between Legal and Medical Test of Insanity The legal definition of insanity is different from the medical one. First is that the medical and legal standards of sanity are not identical. From a medical point it should be said that every person who commits a crime is not sane at that point, he is... Continue Reading →
Procedure Established By Law- The expression “procedure established by law” was initially interpreted as procedure prescribed by the law of the State. Accordingly, it required, firstly existence of an enacted authorizing interference with the life or personal liberty, secondly the law should be valid, and thirdly the procedure laid down by the law must be... Continue Reading →
Voluntary Death from the Historical and Philosophical Perspective Hinduism and Buddhism allow prayopaveshan since it is a non violent, calm and much time taking way of ending life and it occurs by starving oneself to death at the right time, i.e. when the person has achieved his aims in life and finished performing all the... Continue Reading →
Section 85.1 Voluntary Drunkenness- when an excuse – Nevertheless voluntary drunkenness is a factor which has to be taken into consideration at least in two types of cases namely Where a specific intent is an essential element of an offence charged and the evidence shows that the state of intoxication of the accused is such... Continue Reading →
Section 84.15 Sentencing- Battered woman syndrome- The accused woman pleaded guilty to manslaughter on an indictment for murder. She was a young woman aged 20. She began a sexual relationship with the deceased when she was 14 and began to live with him when she was 16. She had a miscarriage and on two occasions... Continue Reading →
Francis Coralie Mullin v UT of Delhi The statement, which has been repeatedly quoted with approval by the Supreme Court, has been further in the above stated case by the statement “that any act which damages or injures or interferes with the use of any limb or faculty of a person, either permanently or even... Continue Reading →
What if there is no living will? . In cases where there is no Advance Directive, the procedure and safeguards are to be same as applied to cases where Advance Directives are in existence, plus certain additional requirements. Doctor may inform the hospital which, in turn, shall constitute a Hospital Medical Board which shall discuss... Continue Reading →
Previous Cases Related To Euthanasia . 1996- Supreme Court in Gian Kaur v State of Punjab held both euthanasia and assisted suicide not lawful in India. The Court held that the right to life under Article 21 of the Constitution does not include the right to die . 2011- In Aruna Ramchandra Shanbaug v Union... Continue Reading →
What is ‘living will ’? The ‘living will’ is a person’s right to issue advance directive on the course of his/her treatment, including withdrawal of life support, should such a situation arise. PIL filed by NGO Common Cause in 2005 seeking robust system of certification for passive euthanasia and legal recognition for ‘living will’ in... Continue Reading →
Aishwarya Sandeep 