Legal Research Development: An International Refereed e-Journal ISSN: 2456-3870
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Legal Framework of Medical Negligence in perspective of Human Rights in India: A Critical Appraisal
Get PDFIn today’s context, medical negligence has emerged as a significant concern in India, despite the esteemed status of the medical profession in the country. In India, medical negligence is regarded as both a criminal offense according to the Criminal Procedure Code and a civil liability under Tort Law. The right to health is acknowledged as a fundamental human right. Awareness among the public regarding medical negligence in India is increasing, leading to a better understanding of medical rights. Medical negligence typically results from actions or oversights by healthcare practitioners, often stemming from their limited knowledge or the inadequate availability of medical facilities in hospitals. Consequently, it is imperative for professionals to stay updated on the principles of medical negligence and consumer protection laws, including any relevant amendments, to ensure legal compliance. This paper seeks to explore the concept of medical negligence in depth
A Comparative Analysis of The Doctrine of Judicial Review in India, US And UK
Get PDFThe present work undertakes a comprehensive investigation and comparative assessment of the doctrine of judicial review in the nation of India, the US, and the United Kingdom. Judicial review is a legal principle that empowers the judiciary to scrutinise and invalidate actions undertaken by both the legislative and executive wings of government which are inconsistent with the constitution and violate fundamental rights. The study begins by examining the historical evolution of the doctrine of judicial review in each country, highlighting the differences and similarities in the legal framework and constitutional provisions that underpin the doctrine. The study thereafter evaluates the implementation of the doctrine of judicial review in every country, with a specific emphasis on the judiciary\u27s role, the extent of review, and the criteria for review. This study will provide a thorough examination of judicial review within India, including the necessary procedures, in order to offer a clear and concise understanding of the concept. This analysis will include the historical background, aim, and extent of judicial review within the Indian legal system. The study also examines the influence of the doctrine of judicial review in each country on the division of powers, democratic governance, and the safeguarding of basic rights. The text examines the difficulties and constraints associated with the notion of judicial review in different countries and proposes suggestions for enhancing its effectiveness. In addition, the study will analyse the present condition of judicial review within each of the three nations, and will investigate the challenges and issues now confronting the idea in each country. The paper concludes by doing a comparative examination of the idea of judicial review within India, the United States of America, and the UK, emphasising both the similarities and differences. The study emphasises that while the three countries are committed to upholding the rule of law and protecting fundamental rights, the implementation and interpretation of the concept of judicial review differ in each jurisdiction. The chapter also mention some suggestions like courts must analyse the constitutionality of cooperative federalism in conflicts involving federal legislation, such as power distribution and interstate trade. This will enhance the cohesion of federal democracies. Judicial review is designed to interpret and enforce current laws. Furthermore, the autonomous nature of the judiciary is a crucial factor whenever the court possesses the power to examine any statute. A judiciary that lacks dependence is unable to deliver a just and impartial verdict
Role of Media vis-a-vis Visibility and Inclusivity of Sexual Minority in India in the Light of Human Rights
Get PDFThe contribution of news media in the present scenario cannot be emphasised enough. Dubbing it as the fourth estate, is quite apt, when it comes to the immense impact the media has had in all spheres of life. Whether it be in form of provider of factual accounts, investigative reporting or as a watch-dog or mobiliser of collective will and opinion, its contribution in a democratic set-up keeps on evolving. On the same parity, all the progressive societies, characterised through democratic establishment, can effectively flourish only when its citizens are ensured their human rights. An individual cannot attain its optimum potential if he/she is denied the bare minimum rights. The members of the sexual minorities in India have faced much discrimination and harassment due to their non-conforming sexual identity and gender. The present article aims to examine the role that media has played in recent times in making the LGBTQ community more visible in the country, and providing the much-needed inclusivity and acceptance to the community
Breaking the Silence: Addressing Marital Rape Through Law Reform
Get PDFMarital rape, defined by non-consensual sexual intercourse within the institution of marriage, remains a pervasive but often overlooked form of gender-based violence. This research examines the legal and societal dimensions of marital rape in India, emphasizing the violation of autonomy and dignity inherent in such acts. The study critically evaluates existing laws and societal attitudes towards marital rape. Key findings reveal significant gaps in legal protections and societal perceptions that perpetuate gender inequalities and uphold patriarchal norms. The research underscores the urgent need for legal reforms that prioritize bodily autonomy, uphold human rights, and promote gender equality within marital relationships. By framing marital rape within the principles of natural justice, this paper advocates for comprehensive legal reforms like criminalization of marital rape, Awareness program, compensation to the victim for to rebuild their lives and regain a sense of security and well-being after experiencing such profound violations of their rights within the context of marriage. Suggestions aimed at ensuring consistency in addressing sexual violence irrespective of marital status, thereby advancing justice and safeguarding the rights of all individuals affected by marital rape
Artificial Intelligence in E-Commerce– Legal Repercussions
Get PDFThe use of ‘Artificial Intelligence’ (AI) in e-commerce today is rampant. At every step of use of e-commerce, one confronts the AI in more than one way. It facilitates the customer convenience. However, when the AI replaces the conventional ways to contact customer support or make a transaction or provide some data, it comes with the inevitable question of the transgression of rights and freedom and ethical issues relating to the most important entity for which the system has been conceptualized – the human being. Therefore, it is important to flag the ways where there is possible intervention in the rights of human beings. This paper tries to point out certain legal issues in the use of AI in e-commerce so that the same may be addressed appropriately and non-violation by the stakeholders can be ensured
Relevance of International Law in Preventing International Conflict: A Case Study of Russia-Ukraine
Get PDFRussian invasion of Ukraine in 2022 raises the question of the relevance of international law which is supposed to preserve international peace. In the context of the current Russia-Ukraine war, the legitimacy and applicability of international law are being questioned, as it has not been able to protect human rights, which are grossly violated in such a war. In this context, it becomes very pertinent to revisit the idea and practice of international law to find out where the fault lies, why it fails to provide the solution to international conflict, and what can be done to make the body of international law serve its purpose in the true sense. In light of these questions, this article attempts to examine the limitations of international law in relation to addressing the Russia-Ukraine conflict and to reflect on how international law can become an instrument of protecting human rights by preventing international conflict and ensuring international peace
Mob Lynching: A New Form of Collective Violence
Get PDFMob violence has become a grave concern in the socio-political landscape of India. Lynching is a planned extra-legal killing by a gathering. It is most frequently used to describe an informal public a supposed offender, or to threaten a gathering. Mob lynching is the point at which an uncivilized crowd endeavors to assume control over equity, as opposed to following legitimate fair treatment. India has observed a strange expansion in wrongdoing connected with crowd viciousness, for the sake of religion, capturing, and so on however, the plague spread as careful against cow butcher, later spread to hijacking and different kinds of wrongdoing. This article suggests that judicial intervention is most effectively understood through the lens of mob violence and hate crimes. In recent times, India has seen a surge in incidents of mob lynching, with minority groups, notably Muslims and Dalits, being the primary targets. This research article examines the consistent trends in such group-led aggression and emphasizes the urgent need for a clear law that classifies mob lynching and prescribes its consequences
Need of Separate Law on Anti Mob Lynching
Get PDFNumerous articles and research papers have been published with the opinion that the inability of the Executives to execute relevant laws has resulted in the highest level of “mobocracy” In a broad sense, the word “mob lynching” refers to when a group of people circumvents legal systems in order to impose what they perceive to be justice. Somewhere, the Court has also been blamed. Even the judiciary has shown its inability to dispose of cases at the desired pace and within the desired time frame. However, what are the fundamental causes and grounds for this offense, and why is it becoming “the New Normal” in contemporary society? are important for comprehension. In a multitude of cases, the Supreme Court has expressed its concern and given a number of various directives to the government to pass legislation regarding mob lynching that includes provisions for the perpetrator’s punishment as well as compensation and rehabilitation for the victim and his family. In a recent ruling pertaining to Tehseen S. Poonawala, the Hon’ble Supreme Court has declared that it is the responsibility of the State government to prevent the occurrence and recurrence of mob lynching inside the State. In response, the Supreme Court has detailed preventative, corrective, and punitive methods to reduce the instances of Mob lynching
Abortion Laws in India A Critique Vis–À–Vis Counter Status In USA
Get PDFAlabama’s anti–abortion law went into effect in May 2019 and virtually outlawed all abortions in the State. Concerning the country’s abortion laws, states in the United States are moving toward a conservative ideology. The law in Alabama is regarded as the most stringent and rigid prohibition on abortion in history because it does not allow for rape or incest exclusions. The choice of a woman to have children or not is utterly disregarded. However, based on the landmark Roe v. Wade decision, this statute contravenes American federal law. This essay addresses which law will be applied and why, the reasons why the two laws will be broken, and the possible motivations behind passing such severe legislation. In addition, it proposes a few modifications to the existing legal framework that must be made. In addition, a brief description and description of how the abortion law in India is implemented are provided. The major abortion case laws in India as well as the Indian Constitution’s stance on these laws are discussed. In the case of “Justice K.S. Puttaswamy v. Union of India”, this law is against federal law in the United States. This article discusses which law will be used and why, the rationales for breaking the two laws, and potential justifications for enacting such harsh legislation. by talking about how advances in medicine and changes in society now necessitate changing the law.
India and Climate Changes: A Study of Legal Framework
Get PDFIn the world, several countries are facing challenges due to climate change, out of them India’s main environmental problem is Climate change along with several other problems. This problem is affecting the living style of people and the country’s economy. The main cause of Climate variation is the accumulation of GHGs in the environment. Recent occurrences have unequivocally shown how vulnerable we are to climate variation. The consequence of climate change/variation will affect everything from cultivation to human health. After many years of the launch of NAPCC finally Indian Government on June 30, 2008, decided to bring into action the climate change plan to reduce/mitigate and adapt to change in climate. Further, there were many other responses to Climate variation to finance and advance clean energy activities as well as sponsoring research in the field, the Indian government established the NCEF in 2010 and the Paris Agreement in which India made three commitments. Ecosystems and social systems already under intense pressure from rapid industrialization, urbanization, and economic growth will be further strained by climate change. This paper will deal with what climate change is- how India is affected by Climate variation - How our Country is adapting to the collision of Climate change/variation- whether the Climate variation legislation is properly implemented or not- what the directions are given by NGT to the Indian government