The Society is in the need for the new legislative reforms regarding the euthsanasia i.e. Good Death as Life is the most valuable thing that God has given to the world but, to prolong the agony of life if the circumstances is in not in the favour of person unwillingness to continue his life arises because of some situation in the life of the person, The situation could be extreme poverty, incurable disease, emotional imbalance or any other situation were the person is so affected that he wants to end his life. State the protector of its citizen cannot give ‘right to die’ as giving this right is legally and morally incorrect. But there arises some situation which can’t be solved, like having an incurable disease renders the person helpless and dependent and in these situation a person can be given the right to end his life.It is this side of the right to die which is much in debate as some countries of the world have given this right and some of them have not. A person who undergoes euthanasia usually has an irrepressible disease. However, it In Case of Common Cause versus UOI it was held by the Supreme Court that Living will is given by the patient before its treatment but it can never be the substitute of Statutory Legislation.
Volume 4, Issue 6 / 2022
Articles · 5
India adopted adversarial system being a common law country for dispensing its criminal justice system. In adversarial system, the investigation is conducted by Police and other investigating agents, and relying on the said investigation, the trial is conducted against the accused. The important factor or the heart of the trial is the witness, the investigating officer records the statements of witnesses and as the prosecution has to prove the guilt of accused on the strength of the statements of witnesses, and relying on the deposition of witnesses, the Judge concludes the trial in acquittal or conviction of accused. During the entire trial, the accused is presumed to be innocent. This concept of innocence is premised from the doctrine of “Ten criminals may go unpunished, but one innocent person should not be convicted”. In recent days, the accused along with this doctrine, are benefitting from the hostility of witnesses. The witnesses are frequently resiling from their statements made during investigation without any fear or action. Judges cannot take any action as the statements are not signed by the witnesses and are recorded by the Police. There is a huge cry about the acquittal of accused and low conviction rate against accused, but the society is totally unaware about the factor of hostile witnesses. In several cases the accused have been acquitted as the material witnesses turned hostile and there is nothing on record to punish the accused. In adversarial system, the statements are not recorded by the Judges and the statements are not signed by the witnesses, therefore, the accused gets the benefit of Hostility of witnesses. To curb these menace, strict laws for recording the statements of witnesses and investigation of crime have to be introduced and existing laws have to be reformed.
Domestic violence in India is an entrenched problem, and it has only been exacerbated in recent years. According to the National Crime Records Bureau’s (NCRB) ‘Crime in India’ 2019 report, about 70% of women in India are victims of domestic violence. One such manifestation of this domestic violence is Marital rape. Today, Marital rape has been impeached in more than 100 countries but, unfortunately, India is one of the only 36 countries where marital rape is still not criminalized. Even though many legal amendments have been done in criminal law for the protection of the women, the non-criminalization of marital rape in India undermines the dignity and human rights of women. Marital rape in India forces the women to compromise on several fronts. The women are subjugated to gross indignity which consequently leads to the violation of the human rights. The human rights are so intertwined with the fundamental rights that committal of marital rape is also the violation of fundamental right. It is also a threat to gender justice as the women, especially the weaker women of the society are its main victims and the issue remains unaddressed at the legal level. This paper seeks to analyse the existing status quo of conjugal rape in India vis-à-vis the judgments of the Supreme Court of India that sets the precedent for this heinous crime.
As more amenities and luxuries become available to the populace, Indians' quality of life is improving daily. The transition from land transportation to air transportation took a while since it was not a simple procedure. However, due to its conversion, the aviation industry is currently experiencing a boom, and there is no turning back. The covid epidemic prevented it from becoming the third-largest aviation business by 2020, but it still plans to reach its peak in 2030. And right now, focusing on airport infrastructure, foreign investments, etc., is all that is necessary for the sector to flourish successfully. This article deals with the legislation regulating aviation in India, regulatory bodies, air traffic rules, and other rules relating to airlines.
The term abortion is defined as an unexpected and an untimely delivery with an intention to destroy the foetus. It may be procured at any time before the natural birth of the child. In India, our substantive criminal law and the special laws relating to abortions made it an offence invoking criminal liability subject to the exceptions expressly provided in such laws. The purpose of my research in this area is to conduct a study about the existing laws in India and in the USA and understand how far India, over a period of time, has been able to protect the rights of their women. The research also revolves around the sub-topic of protecting the rights of unborn children in both nations. To get a deeper insight into the history and the growth, the researcher has looked into several case laws in both nations and amendments made to the existing laws.