Indian Constitution

EUTHANASIA-A LEGAL REFORM INITIATIVE

Barsha Mitra & Ananya Das
Symbiosis Law School, Pune


Article 21 of the Indian Constitution guarantees Right to Life and personal liberty to every individual surviving under the shield of the nation and also where “life” implies “not merely an animal existence”. So when the basis of existence of a person deteriorates, death becomes the only destination. Thus the choice of “death with dignity” is the most favorable weapon to end the age long suffering. The concept of Euthanasia, also known as the act of intentional killing of a dependent human being suffering from incurable, painful and chronic disease is a difficult concept surrounded by varied moral ambiguities and controversies as it revolves around the dignity of life of the most dignified entity surviving on the Earth’s surface. Setting aside morality, in legal point of view the criminal justice system of India need some major changes for the welfare of patients who needs assisted death by medical practitioner. Therefore, this article has been primarily divided into four parts where the first part revolves around the introduction to the concept of Euthanasia. The second part shall discuss about the nuances of “Right to die” as a facet to “Right to life” and the third part will focus on the reformation required in the Criminal justice system while dealing with related cases of Euthanasia and finally the analysis and suggestions.


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Posted by Suvid Chaturvedi in Number 4, Volume 3

THE INVERSE RELATIONSHIP BETWEEN CUSTODIAL VIOLENCE AND CUSTODIAL PROTECTION: AN ANALYSIS

Pooja Tiwari
The West Bengal National University of Juridical Sciences


‘Dharma’ and ‘Danda’ has been the underlining concept of governance in our ancient times and from the time immemorial the function of Indian Police, has always been as the principal law enforcement agency. “This huge reservoir of trained manpower can become a very important catalyst of positive change in society provided they are made to serve the rule of law and held accountable for their sins of commission and omission, if any. The issue of holding them accountable is very closely linked to the type of control and superintendence exercised over them.[1]” Therefore, role of police personnel’s is very crucial in our state. Violence conducted during custody is a Janus faced creature as the conduct of the officials is both insincere and deceitful to the law of the land. Physical violence like beating, rape or death or mental torture both are the ways exercised by the law custodians. The exercise of custodial violence is mainly exercised against the socially or economically weaker section of the society. The Impact of these atrocities is such that they tend to hamper victim’s mind, his peace or life.  Article 21 of the Constitution of India provides for Right to life and Personal Liberty but the exercise of the inhumane treatment against the people leads in hampering their basic fundamental right. The article below would critical analyse in its violence that is exercised against the person in custody by the people who are by law under a derogation to protect them i.e. the police atrocities against the person in custody.

[1] G.P.Joshi, “Police Accountability in India” file:///C:/Users/H%20P/Downloads/police_accountability_in_india%20(2).pdf (last visited on 04th November 2017)


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Posted by Suvid Chaturvedi in Number 4, Volume 3

ANALYSING THE VALIDITY OF THE SPECIAL STATUS ACCORDED TO JAMMU & KASHMIR

Shubhankar Gupta
Jindal Global Law School


There are things you break that can’t be put back together again, and Kashmir may be one of them.”

– Salman Rushdie

In this paper I will give a brief timeline of the Accession of the State of Jammu and Kashmir to India, after its independence.  Furthermore, an analysis of the nature of the Article 370 will also be conducted. I shall also seek to draw an analysis of the constitutional validity of the special status provided to Jammu & Kashmir provided on various fronts, including the coexistence of Article 370/ 35A and other related provisions with that of fundamental rights and the basic structure of the constitution among other principles central to the Indian Constitution. Furthermore, I will bring in principles of international law into picture and contrast the same with the special status accorded to Jammu and Kashmir. I shall also aim to draw out some possible solutions based on the current issue and the feasibility of the same. Lastly, I shall divert the reader to the current situation and dynamics of the status of Jammu & Kashmir, keeping the above context in mind.


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Posted by Suvid Chaturvedi in The Fourth Anniversary Edition

PUBLIC INTEREST LITIGATIONS IN INDIA: AN ENUMERATED OVERVIEW AND MEASURES TO CURB ITS ABUSE

Saurav Mishra
Symbiosis Law School, Noida


This article essentially covers up the entire view of Public Interest Litigation and its Indian perspective. This also aims at covering up certain snags that are attached with PIL’s in India and also how at times it is misused to cover up and for private motives rather than public motives for which it was essentially brought. Article also provides us with certain guidelines that the Supreme Court has framed in different case laws and how it has tried to provide us with a clear picture as to under what all categories the petitions are permissible under the courts. PIL and its Indian application had a certain sort of impact on the neighboring countries, this article very well highlights such impacts it had on its application in such countries. It also touches upon the various facets of the phenomenon of PIL. This Article provides certain measure that SC have taken to curb its abuse. Through the study of patterns of PIL in India it has been discovered that it is very vital and important for judiciary to keep a check on amount of frivolous petitions that are filed by people out of their personal interest, this article comprises of a discussion on that aspect as well. Finally, this paper concludes with summarizing the entire contents of this article and also in a manner suggest some measures that can be taken up for better utilization of such important and vital weapon for safeguarding public interest.


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Posted by Suvid Chaturvedi in The Fourth Anniversary Edition
LGBT Community And Their Deplorable Condition In India: A Critical Analysis

LGBT Community And Their Deplorable Condition In India: A Critical Analysis

Ketki Chhaya Chaudhary & Samarth Gupta
Symbiosis Law School, Noida

India accepts certain rights that have always been understood by people to be basic such as the right to life and liberty. On the off chance that Human Rights are indistinguishable from man, they ought to be equivalent in their application to every person at all spots and consistently. These rights are basic to the very presence of humanity and not just for the advantage of one class or one area of the society. Our Constitution mirrors this position. The right to life and personal liberty is accessible to all individuals inside its territory and not only its citizens. Then why there exist a discrimination on the basis of caste, creed, gender or even sexual orientation? People across the nation face brutality and imbalance—and now and again torment, even execution—merely because who they cherish, who they are, or what they look like. Sexual orientation and knowing our gender identity is the basic part of our selves and ought to never prompt segregation or abuse. The main aim of this paper is to explain in detail the deplorable condition of the LGBT community is India and also to explain how an unnatural sexual orientation is a crime in India.

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Posted by Suvid Chaturvedi in Number 2, Volume 3
Emergency Provision in India – A Doctrinal Research

Emergency Provision in India – A Doctrinal Research

Asmit Chitransh
Symbiosis Law School, Hyderabad
Ishani Singh
College of Legal Studies,
University of Petroleum and Energy Studies, Dehradun

Emergency is the extreme situation when the constitutional machinery of the nation fails to that level which cannot be controlled by the democratic government or there is a severe threat on the nation or any part of the territory which can also be financial in nature, at that point of time the President of India takes the ultimate call and proclaims an Emergency. Being a democratic nation emergency provision in India has been subject to a lot of debate and discussion as the ultimate control goes to one single authority. The paper talks about the historical development of emergencies in India and also the types of emergency provisions in India. The need to declare emergency, is it justified? What are the pros and cons of emergency? Since there is always the other side, what is the reason that the area is still debated over? These topics are dealt in this paper taking reference of relevant case statutory provisions, case laws, journals and research articles. The paper concludes with certain sets of suggestions and recommendations that can be followed to combat problems in future.

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Posted by Suvid Chaturvedi in Number 2, Volume 3