General Knowledge

Current Affairs in Legal Category

Advertisement

Law Commission supports Passive Euthanasia

October 7th, 2012 | Comment|

The Law Commission which advice government on legal matters suggested the government to take measures to enact a comprehensive law on Passive Euthanasia, subject to certain safeguards.
As per the Commission, Passive Euthanasia is not objectionable legally or constitutionally.
Suggestions were sought from the law commission regarding feasibility of framing a law for euthanasia after the legalization of Passive Euthanasia in Aruna Shanbaug case after the Supreme Court verdict.

Suggestions by the Law Commission:

  • A “competent” adult patient, who can take an informed decision, has the right to insist that there should be no invasive medical treatment by way of artificial life sustaining measures.
  • If patients cannot take a decision on their own, then the decision of the doctors or relatives to withhold or withdraw the medical treatment will not be final.
  • Same rule to a minor above 16 years of age who has expressed his or her wish not to have such treatment provided the consent has been given by the major spouse and one of the parents of such patient.
  • Active euthanasia still remains a crime under Section 302(murder) or 304 (culpable homicide not amounting to murder) of the IPC, along with the physician who abetted suicide under section 306 IPC (abetment of suicide)
  • Euthanasia: It is the practice of intentionally ending a life in order to relieve pain and suffering.

What is the difference b/w Active Euthanasia and Passive Euthanasia?

  • In Passive euthanasia common treatments, such as antibiotics, necessary for the continuance of life are withheld.
  • In Active euthanasia lethal substances or forces, such as administering a lethal injection, are used to kill.

Guardianship system for persons with disabilities to change

October 3rd, 2012 | Comment|

The Ministry of Social Justice and Empowerment has come up with a fresh draft legislation that seeks to do away with the plenary guardianship system and replace it with a limited guardianship system.

What is the plenary guardianship system?

  • Under this system, a guardian substitutes for the person with disability before the law and takes all legally binding decisions for him or her

What is the limited guardianship system?

  • Under the limited guardianship system, decisions will be made jointly on mutual understanding and trust b/w the guardian and the person with disability.

Why this move?

  • This move is made by the The Ministry of Social Justice and Empowerment  in the wake of sharp criticism from disability groups for inability of the Govt to draft a comprehensive Bill that will give full rights to persons with disabilities.

As per the draft: 

  • Person(s) with disabilities (PwD) would relish legal capacity on an equal basis with others in all facets of life.
  • PwD will have the right to equal recognition everywhere as persons before the law.
  • Any disqualification on the grounds of disability ordained in any legislation, rule, notification, order, bye-law, regulation, custom or practice that has the effect of depriving a PwD of legal capacity shall not be legally enforceable from the date of enforcement of the proposed Act.
  • All PwD have the right, on an equal basis with others, to own or inherit property; control their financial affairs; obtain access to bank loans, mortgages and other forms of financial credit, and not to be at random stripped of their property.
  • The legal capacity of a PwD shall not be called into question or refused, regardless of the degree and magnitude of support, by reason of accessing support to exert legal capacity.
  • In case of a conflict of interest b/w a person providing support and a PwD in a particular financial, property or other economic transaction, then such supporting person shall desist from providing support to the PwD in that transaction.
  • Any medical procedure that leads to or could lead to infertility in a PwD without his/her free and informed consent is prohibited.
  • Sizeable fine and imprisonment up to 10 years proposed for violation.
  • All institutions will provide medical and life insurance to their employees with disabilities on an equal basis with others.
  • Every child with benchmark disability, of the age of 6 to 18, shall have the right to free education.
  • All government institutions of higher education and all higher education institutions receiving aid from the government shall reserve up to 5% of the total seats in each course for persons with benchmark disabilities, which include physical, and mental disabilities and leprosy cured.
  • Set up of a National Commission for PwD to devise rules that lay down the criteria of availableness for the physical environment, transportation, information and communications, including appropriate technologies and systems. Like bodies will be set up at the State and district-levels. The Commission will take up issues that breach the requirements of the Act.

No sub-quota for religious minorities: AP High Court

May 31st, 2012 | Comment|

Andhra Pradesh High Court quashes Central Government’s decision of the creation of 4.5 % sub-quota for religious minorities including Muslims, Sikhs, Christians, Buddhists and Parsis, within the 27% OBC quota

Religion-Neutral Marriage Registration and a separate Marriage Act for Sikhs gets Cabinet Nod

April 16th, 2012 | Comment|

imageThe Union Cabinet approved a proposal to permit registration of religion-neutral marriages. The proposal has been brought in the form of amendment to the Registration of Births and Deaths Act, 1969. A in this respect will be introduced in the Budget Session of the Parliament commencing on April 24, 2012.
Objective of this proposed Bill:

  • It will give relief to couples having inter-religion wedlock as these couples often face social and community pressures for having married as per their wishes.
  • The proposed bill to amend the Registration of Births and Deaths Act.
  • I will save women in case of inter-religion marriages from unnecessary harassment in matrimonial and maintenance cases.
  • It will also provide evidentiary value in the matters of custody of children, right of children born from the wedlock and the age of the persons married.
  • The present system of issuing religion-based certificates will continue.

 

The Union Cabinet also gave its approval to another bill under which Sikhs would be able to register marriages under the “Anand Marriage Act, 1909”.

Objective of this Move:

At present, the Sikhs Marriages are registered under the Hindu Marriage Act and in the official documents Sikhs are shown as Hindus. Besides Sikhs, Jains and Buddhists are also issued certificates under this Act. There has been a long standing demand from the Sikh community for a separate Marriage Act for Sikhs. “The Anand Marriage Act” was passed by the British in 1909 but was annulled after partition. 

Allahabad HC bans reporting on troop movement

April 12th, 2012 | Comment|

clip_image002The Lucknow Bench of Allahabad High Court has directed the Centre and Uttar Pradesh government to ensure that there is no reporting on movement of troops by print or electronic media. The bench held that the issue of movement of army troops is not a matter which should need public discussion at the cost of defence secrecy and the security of the nation.

12345...Last
Download articles as PDF