Blogs

Extraordinary Powers of the Supreme Court under Article 142

Jan. 23, 2020 • Madhav Gawri

Health And Reproductive Rights Of Women: A Comment On The Abortion Laws Around The World

Jan. 23, 2020 • Architi Batra

By the end of the 19th century, abortion was legally restricted almost in every country. Some of the countries are – Europe, Britain, France, Italy, Spain, and Portugal-who had imposed their own laws forbidding abortion. Abortion has been always been a subject matter of dignity and reputation of the woman’s life even whereas on the complete opposite, in many countries it is completely legal and there’s another category where the countries don’t allow where the women’s life is at risk. There are many methods of abortion. The procedure is largely dependent on the stage of pregnancy. The only stipulation is that it has to be to “save the life of the mother”. The same is now provided under Sec. 5 of the MTP ACT.

Citizenship (Amendment) Act, 2019: An Analysis

Jan. 22, 2020 • Madhav Gawri

The rise in internet shutdowns: To what extent it is justified

Jan. 22, 2020 • Madhav Gawri

Death Sentence For Murder U/S Sec. 302 & 303 Of The Indian Penal Code, 1860: An Analysis

Jan. 21, 2020 • Architi Batra

The law and order within a state are maintained through a harmonious balance of administration of Justice, the realization of its existence within the citizens and the importance of the state. The state defines the rights and duties of its citizens. It protects rights and enforces the duties for the welfare of the common people. Law is a very wide subject and covers remedies for every illegal action to provide justice.
According to Sec 302 of the Indian Penal Code, 1860, whoever commits murder shall be punished with death or imprisonment of life, and shall also be liable to fine.

As per Sec 303 of Indian Penal Code, 1860 whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death.

Offenses under Sec 302 and Sec 303 of INDIAN PENAL CODE are cognizable, non-cognizable and triable by the Court of Session.

Surrogacy Regulation Bill, 2019

Jan. 21, 2020 • Architi Batra

The Surrogacy (Regulation) Bill, 2019 was presented in the Lok Sabha to encourage altruistic

surrogacy. The administration asserts that managing surrogacy will stop uncontrolled

commercialization of the practice. The commercialization of surrogacy has left a number of

poor women who lend their womb, in a defenseless condition.

Finding A Middle Ground Between The Population Control Policies And the Reproductive Rights

Jan. 21, 2020 • Architi Batra

This article delves into finding a solution for the extraordinary rise in the population by balancing it with the reproductive rights of an individual.

The right to reproduction and Population Control Policies don't necessarily cause impediments for each other and the two concepts have their independent existence till the time the equilibrium is maintained. But, in recent times due to a rise in population at an extremely rapid rate has led to the question 'whether population control policies can be used to restrict reproductive rights'. This debate came to the forefront when the Uttarakhand High Court on 17 September 2019 in State of Uttarakhand v. Urmila Masih, set aside an order passed by a single judge of the High Court whereby a provision denying maternity leaves to female government servants having two or more living children was struck down as unconstitutional. The essential question that this judgement put forward is whether the judgement considering the current state of population explosion is justified or does it defeat the purpose of the legislation like the Maternity Benefit Act, 1961 which were meant to preserve the private right of a person to reproduce and also provide with conducive terms of employment.

Justice loses character if it becomes revenge

Jan. 21, 2020 • Architi Batra

In the aftermath of Hyderabad incident CJI SA Bobde said that “Justice can never be instant as it loses its character when it becomes revenge” as after quoted “Justice hurried is justice worried justice delayed is justice denied”