Blogs

Surrogacy Laws in India: Overview

July 25, 2020 • Samiksha Gupta

In today’s world where the technology is ruling everyone, how can the medical sector not get benefit of this. Almost 1/3rd of the great technological advancement in the world is linked to the medical sector and one such great achievement is in the sector of surrogacy. Who could have imagined that there could come a time where a women could become a mother by not even going through the pregnancy process, without even using her own embryo for the birth of her own child. But the medical science has proven than anything is possible in this world. The author in this article has mentioned his views concerning the new surrogacy laws in India and how these new regulations have affected the intended parents and the surrogate both economically and mentally. The author have also taken an overview of the surrogacy law and its different types and method which ultimately has become very controversial to follow.

20 years of 21st century vis-à-vis the 20th century: Democracy an Supreme Court

July 25, 2020 • Samiksha Gupta

When the soul of India finally found a distinct and independent utterance on 15th August 1947, Nehru encapsulated the dreams of millions in his “Tryst with Destiny” speech. Vacant of poverty, devoid of caste prejudices, untouched by ignorance and narrow-mindedness, religious freedom and equal protection to all was the dream of the 21st century India. How far have we progressed towards the dream? Sir Kenneth Wheare proclaimed it as “the biggest liberal experiment in the democratic government”. The fact that it still runs unfractured in a country with a religiously and culturally diverse population of 1.2 Billion might be the greatest achievement in the history of democracy. Nowhere else in the world and never before in the history, has one-sixth of the human race existed together as a single political entity, as remarked by Nani Palkhivala. Though while glorifying one’s achievement, one must not sweep mishaps under the rug. The late twentieth century almost witnessed the death of Indian democracy, economic catastrophe and the birth of judiocracy. This article will shed light to how the relation of democracy with politics, economy and judiciary evolved and where are we now in 20 years of 21st century.

IMMIGRATION IN INDIA:overview

July 25, 2020 • Samiksha Gupta

India has a long history of immigration. There have been large inflows of people from neighboring countries like Bangladesh, Nepal, Tibet, Myanmar etc., which has even made significant changes in the demographic profile of some states in India. India is also fast emerging as a destination for many multinational companies (MNCs) to outsource some of their operations. Medical tourism is the new addition in the list of immigration to India but there exists the problems and concerns of cross-border migrants, and India's policy stance in dealing with immigration.

DK Basu Guidelines On Custodial Violence and Its Relevance In Present Times

July 25, 2020 • Samiksha Gupta

The case of DK Basu v State of West Bengal, gave a landmark judgment where guidelines regarding the arrest of a person were prescribed. It prevents any contravention with the rights of an individual during arrest and thus, protects all the citizens by certain procedures established by law. Although now, the proper procedure has been established by law and anyone who does contempt of court is liable to be punished, still, there are crimes which happen inside the police’s custody, for instance, police officials refuse to file an FIR, or does something due to which many innocent people have to suffer injustice and due to which there is infringement of the fundamental rights of the citizens. Therefore, more strict laws should be made so that innocent people do not suffer. Also, the torturous and cruel approach of police in dealing with arrestees demand a robust change. The Supreme Court had to interfere in such a situation and the decisions taken by the bench were appropriate and just in my opinion. In this article, I have tried to give a complete overview of the judgement in the case and also the impact it created as well as the current relevance of the guidelines at this juncture.

EXTRADITION LAWS AND TREATIES IN INDIA: Overview

July 25, 2020 • Samiksha Gupta

Ordinarily each states exercises complete jurisdiction over all the persons within its territory. But sometimes there may be cases when a person after committing a crime runs away to another country. In such situations, country affected finds itself helpless to exercise jurisdiction to punish the guilty person. This situation is very detrimental to peace and order. In such a situation peace and cooperation can only be obtained when there is international cooperation between the states. There is a social need to punish such criminals and in order to fulfill this goal, the principle of Extradition has been recognized.