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Passive Euthanasia Recently, the country's honourable Supreme Court decided to simplify the process of passive euthanasia. Guideline by the court: A five-judge Constitutional bench, led by Justice KM Joseph, decides to greatly simplify the country's passive euthanasia process. The document must now be signed by the "living will" executor in the presence of two attesting witnesses, preferably unrelated, and attested before a notary or Gazetted Officer, following new regulations. The Supreme Court previously held that a terminally ill patient or a person in a persistent vegetative state may execute an advance medical directive or a "living will" to refuse medical…
23 January, 2023
Rights based issues
Right to Strike Government employees who take part in general strikes that disrupt daily life for the general public and the public purse are not entitled to protection under Article 19(1)(c) of the Constitution and are also in violation of the Kerala Government Servants' Conduct Rules, 1960, according to the Kerala High Court. What does the Right to Strike mean? It is the most practical and last option available to workers to achieve economic fairness. Around the world, the definition of a strike has changed considerably, and most countries now grant workers the freedom to strike. Employees who are on…
06 January, 2023
Rights based issues
Right to Privacy WhatsApp and Meta's appeals against the Competition Commission of India's (CCI) investigation into the privacy policy of 2021 were rejected by the Supreme Court. The anti-trust agency cannot look into the privacy policy because it has been put on hold pending the introduction of the updated Data Protection Bill, according to both WhatsApp and Meta. The CCI is an independent body with the jurisdiction to examine any claimed infringement of the Competition Act of 2002's provisions and cannot be persuaded to stop looking into such claims. What are the problems with WhatsApp's privacy policies? The mobile phone…
20 October, 2022
Rights based issues
ABORTION LAW IN INDIA Recently, a 25-year-old pregnant woman moved to the Supreme Court seeking an abortion after the Delhi High Court declined her plea. But the Supreme Court of India allowed an unmarried woman to end her pregnancy at 24 weeks. The woman has also challenged Rule 3B of the Medical Termination of Pregnancy Rules, 2003, which allows only some categories of women to seek termination of pregnancy between 20 and 24 weeks. The case has raised very important questions about the framework of reproductive rights and recognizing female autonomy and agency in India. What was the Delhi High…
25 July, 2022
Rights based issues
Rights of the transgender persons in India National legal services authority (NALSA) VS Union of India famously known as the NALSA case has a huge implication on the right of transgenders and set forward a very progressive landmark judgment by the Supreme Court Of India. Judgment of the Supreme Court in the NALSA Case Legal recognition The court has directed the Center and the State Government to recognize the transgender as the third gender, the court also clarified that the fundamental rights are equally available to the third gender as they are available to males and females in the country.…
05 July, 2022
Rights based issues
National Security Act, 1980 The NSA is a preventive detention law. Preventive Detention involves the detainment (containment) of a person in order to keep him/her from committing future crimes and/or from escaping future prosecution. Preventive detention laws in India date back to the early days of the colonial era when the Bengal Regulation III of 1818 was enacted to empower the government to arrest anyone for defence or maintenance of public order without giving the person recourse to judicial proceedings. A century later, the British government enacted the Rowlatt Acts of 1919 which allowed the confinement of a suspect without trial. Post-independence, India got its first preventive…
24 July, 2021
Rights based issues
Recognising sex work as work Introduction The pandemic has hit millions of people and caused a great deal of suffering across communities. But there is one community that is especially hard hit and that is sex workers. Owing to the non-recognition of sex work as “legitimate work”, sex workers have mostly been kept at arm’s length from the government’s relief programmes. COVID-19 has thus provided more reason to consider a long-pending demand of sex workers in India — decriminalisation of sex work and a guaranteed set of labour rights. An archaic, regressive view The legislation governing sex work in India…
07 June, 2021
Rights based issues
Digital inequality- Health and Educational sector Introduction Virginia Eubanks’ widely acclaimed book, Automating Inequality, alerted us to the ways that automated decision-making tools exacerbated inequalities, especially by raising the barrier for people to receiving services they are entitled to. The novel coronavirus pandemic has accelerated the use of digital technologies in India, even for essential services such as health and education, where access to them might be poor. Economic inequality People whose jobs and salaries are protected, face no economic fallout. The super-rich have even become richer (the net worth of Adani has increased). The bulk of the Indian population,…
15 May, 2021
Rights based issues
Under trials The Supreme Court has thrown open the door to the legislature to “ponder” over the idea of placing convicts under house arrest to avoid overcrowding of prisons. A bench of Justices U.U.Lalit and K.M. Joseph, in a judgment, highlighted the “alarming” statistics of prisons. The suggestion is relevant considering the spread of COVID19. A few days ago, the Bench, led by Chief Justice of India N.V. Ramana, issued a series of directions, including the grant of interim bail and parole to prisoners to decongest prisons. Justice Joseph said the occupancy rate in prisons had climbed to 118.5% in…
15 May, 2021
Rights based issues
Prison reforms- protecting prisoners Introduction Imprisonment practices need a relook so that the police do not affect unnecessary arrests Prisons- state list Prisons'/persons detained therein' is a State subject under Entry 4 of List II of the Seventh Schedule to the Constitution of India. So administration and management of prisons is the responsibility of respective State Governments. Overcrowding of prisons amidst COVID-19- Supreme Court’s order If overcrowding of prisons has been a perennial problem in this country, high occupancy levels can only mean bad news amidst a pandemic. The Supreme Court has been intervening from time to time to…
13 May, 2021
Rights based issues
LGBTQ+ justice-Siras Act Introduction A law to accord an ex post facto pardon to those who were convicted under Section 377 of the Indian Penal Code (IPC) would do poetic justice to the LGBTQ+ community and Professor Ramachandra Siras. What happened to Siras? What happened to Siras is a perfect example of the persecution faced by the LGBTQ+ community in India. He was a Professor and head of the Department of Modern Indian Languages at Aligarh Muslim University. On a winter night in 2010, two men trespassed into Siras’ house and caught him having consensual sex with another man. Siras…
15 April, 2021
Rights based issues
Freedom In the World: Democracy Under siege Report By the USA think tank Freedom House. China’s Score: Dropped from 10 to 9. It's 0ne of the lowest score. Due to Dictator Regime in china. Disinformation and Censorship Campaign following COVID-19. USA Score: Fell from 86 to 83 due to January attack on Capitol, dismissing inspector Generals to sowing mistrust over the electoral system. India’s Score: Dropped from 71 to 67/100. Changed from ‘free’ category to ’partly free’ category. Causes: Fundamentalism: Ruling Hindu Nationalists encouraged scapegoating Muslims, who were blamed for the spread of the virus. Attack on Press Freedom citing…
14 March, 2021
Rights based issues
Marital rape-Rape and Marriage Introduction Requirements in a relationship: A relationship between two individuals, including marriage, is built around love, respect, trust and consent. Within that civilised framework, a violent and exploitative act like rape has no place. Recent SC stance on rape and marriage Seen in that context, the Supreme Court’s latest query to a Maharashtra government employee asking whether he would marry a girl he was accused of raping repeatedly while she was a minor is insensitive to the core. By offering marriage as a solution to a rape victim, the judiciary failed to protect the rights of…
04 March, 2021
Rights based issues
Media as target Introduction ED’s raids in the office of independent digital news platform NewsClick have invited justified condemnation from organisations representing the media. There is every likelihood that this operation is linked to the platform’s in-depth coverage of ongoing protests as well as the various struggles of the people and the grassroots organisations that represent them. The ED is said to be investigating alleged money laundering to the tune of? 30 crore. Not much is known about the nature of the police case, but the agency is empowered by the Prevention of Money-Laundering Act to investigate if the proceeds of…
11 February, 2021
Rights based issues
Approaching the misinformation storm Context: The article discusses the major concerns over the advent of social media platforms as information and news dispersion media and suggests certain measures to counter these shortcomings. Impacts on the advent of the internet: The advent of the Internet has led to the creation of big tech companies based on the social media platform business models. The number of people on these platforms has increased exponentially. The increasing availability of affordable internet services has led to a situation where anywhere between 500 million and 700 million people are now newly online in India, almost all…
07 October, 2020
Rights based issues
Protesting is a Fundamental Right GS-Paper-2 International organisation (PT-MAINS) Recently, the United Nations (UN) Human Rights Committee has reaffirmed that protesting peacefully, online or in person, is a fundamental human right. This statement has come in the backdrop of increasing demonstrations over issues like political rights and racial justice. UN Human Rights Committee: It is tasked with monitoring how countries implement the International Covenant on Civil and Political Rights (ICCPR) 1976, which under Article 21 guarantees the right to peaceful assembly. Latest Interpretation of the Right to Peaceful Assembly Fundamental Human Rights for People: To gather to celebrate or to air grievances in public and in private spaces, outdoors, indoors and online is a fundamental human right. Protesters: Everyone, including…
31 July, 2020
Rights based issues
B R Ambedkar laid the foundation for workers’ rights, and social security in India Part of: GS-II- Governance – Rights (PT-MAINS-PERSONALITY TEST) International Labour Day is celebrated on May 1 to honour workers. Labour has an undeniable role in shaping the nation’s fortune. Since times immemorial, the working class has struggled and sacrificed for greater causes — first for Independence and then for building the nation brick by brick. The ongoing fight against COVID-19 has brought temporary hardship for everyone, including workers. Many leaders have been a beacon for workers and B R Ambedkar was one among them. As the…
02 May, 2020
Rights based issues
Consumer Protection act Part of: GS-II- Rights/Consumer rights (PT-MAINS-PERSONALITY TEST) The Lok Sabha passed the Consumer Protection Bill 2019 after due consideration and discussion. The Union Minister for Consumer Affairs, Food and Public Distribution said that the bill aims at protecting the interests of consumers by establishing authorities for timely and effective administration and settlement of consumers’ disputes, simplifying a number of rules, quick redressal of their complaints and consumers will be able to get speedy justice. He said the government aims to simplify the entire process of redressal of consumer grievances. Under the Bill, there is a provision for…
22 April, 2020
Rights based issues
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