Indian Society

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

OUTSIDER MOVEMENT : A COLLECTIVE VOICE

Abhisar Vidyarthi
Maharashtra National Law University, Mumbai


An ‘Outsider’ is someone who is not accepted by the mainstream society. Racial and gender discrimination in the United States of America led to the development of ‘Outsider Jurisprudence’. Outsider Jurisprudence viewed laws as a reflection of the power differentials in the society and as a medium to further marginalize the outsiders in the society. In India, the tribal communities have been subject to historic discrimination and subjugation due to their backwardness. This subjugation and marginalization of the tribal communities in India has led to them being outcasts or ‘outsiders’ in the society. In 2011, nearly 1,960 tribals were imprisoned for demanding ration cards in Maharashtra. They had been asking for a ration card and the implementation of the Forest Rights Act to help them claim the land they had been tilling. However, the officials refused to give assurance to the tribals and arrested them when they peacefully protected against the arbitrary actions of the government officials. Tribal populations in India have been subject to various such discriminatory actions on day to day basis. Similar to the United States of America, various laws have been made by the State for the upliftment and mainstreaming to the tribal people. On that point it is important to understand that the tribes are highly attached to their culture and their land. Therefore, the government must acknowledge the beliefs of the tribes before carrying out any programme. As highlighted by Dr LP Vidyarthi in his book on Maler Tribe, the lives of the tribes are profoundly influenced by nature and that there is an intimate relationship and interaction between social organizations on the one hand and religious complex and ecological conditions on the other hand. Therefore, the paper shall examine whether the legislations and policies made by the government for tribal development are from the perspective of the law makers as illuminated by the ‘outsider jurisprudence’ or from the tribal perspective. The paper shall focus on the mainstreaming programmes and policies propounded by the government and the administration of tribal areas. The objective of the researcher is to critically examine the situation of outsiders in the Indian society i.e. the tribal communities and evaluate their progress. The paper shall promote the protection of the interest of the subjugated groups in the Indian society. It has been written in an article pattern and follows the Bluebook style of citation.

“It was we, the people, not we, the white male citizens, nor yet we, the male citizens, but we, the whole people, who formed this Union. And we formed it, not to give the blessings of liberty, but to secure them; not to the half of ourselves and the half of our posterity, but to the whole people-women as well as men.”  

-Susan B. Anthony


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Posted by Suvid Chaturvedi in Number 4, Volume 3

MENSTRUAL HYGIENE – NOTHING TO SHAME UPON

Ashima Behl & Bhavleen Kaur
Amity Law School, New Delhi


Young girls in India face silent struggle, lack of facility and privacy deprive them not only from education but also from many other important aspects which seek to develop them in their social life. The concept of believing menstrual cycle as a taboo combined with the approval of social stigma has been handing down since generations. Therefore, they primarily get deprived of their education as they held provided with no space to change and even they are lacking in mode of development of such time. Resulting to which they wear over used cotton clothes or sanitary pads whole day. This steered them to feel ashamed to go to school and in society too. Adding to the worseness they leave school as they hit the age of puberty. Due to lack of information and awareness they held with such unforgiving step in life, mostly at times the chapter in school regarding menstrual is skipped as it is considered as a matter of shame to teach those things which are ought to be considered as out of bounds. In India with a female population of 315 million, who menstruate and getting far reaching simultaneously may bring some adverse and profound negative effect. Nations round the world are face the issue of this hygiene where women are considered to be in an impure cycle of the month and should not be treated for good things. Similarly, in India though since generations mother have been telling her daughter not to go to temples, or to kitchen, or not to touch anybody, not to join hands to the deity, not to bring their shadow to any person going for respectable work, or to any pure place yet the hygiene of a woman or sanitation of a female was never focused.


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Posted by Suvid Chaturvedi in The Fourth Anniversary Edition