Category: Jurisprudence

Surrogacy
Bioethics, Human Rights, Philosophy

ABSENCE OF MONETARY EXCHANGE AND EXPLOITATION: An Altruistic Surrogacy Perspective

Commercial surrogacy is deemed to be an exploitative affair for the surrogate, and therefore, the practice is penalized in India. Given this, we seem to have made a false assumption about altruistic surrogacy agreements, i.e., the factor of exploitation within these agreements does not exist. Thus, the following article sheds light on that discourse and attempts to show otherwise. Continue reading ABSENCE OF MONETARY EXCHANGE AND EXPLOITATION: An Altruistic Surrogacy Perspective

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Healthcare workers, burial, COVID-19, coronavirus, dead bodies, disposal
Bioethics, Constitutional Law, Government Policy, Human Rights

THE RIGHT TO DIE WITH DIGNITY DURING THE COVID-19 PANDEMIC

India has enlisted itself as one of the worst-hit countries by the coronavirus. With an exponential increase in COVID-19 deaths and an increased mismanagement of the dead bodies, it becomes pertinent to discuss the rights of the corpse. This article aims to elucidate the right to die with dignity as recognized by various courts of India. It progresses to discuss the issue of mass fatalities during COVID-19, its cognizance by Indian courts and guidelines for management issued by national and international bodies. The article concludes with a few suggestions to improve the prevailing situation and the need to dispose of bodies with due dignity as a welfare state. Continue reading THE RIGHT TO DIE WITH DIGNITY DURING THE COVID-19 PANDEMIC

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PRE-PRINTED FORMS: A TOOL TO CIRCUMVENT INFORMED CONSENT
Bioethics, Human Rights, Tort Law

PRE-PRINTED FORMS: A TOOL TO CIRCUMVENT INFORMED CONSENT

Taking informed consent of a patient for a treatment is a quintessential obligation of any doctor or hospital or any medical fraternity. Pre-printed forms have long been used for the same purpose. These forms are used as a means to avoid the duty of informing the patient by which it becomes invalid consent. Recently, the NCDRC ruled against these practices terming them as ‘unfair practice’.This article analyzes the implication of this judgement and the way forward so that these consent forms are valid and patient-specific. Continue reading PRE-PRINTED FORMS: A TOOL TO CIRCUMVENT INFORMED CONSENT

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Constitutional Law, Government Policy, Human Rights, Jurisprudence, Policy, Political Science, Sociology

SEXUALITY AND THE STATE

by Sevanshi Kamdar and Shivani Choudhary INTRODUCTION Promoting and protecting individual autonomy lies at the heart of every liberal state. Though this has not been explicitly acknowledged by states, states do recognize that the freedom to be one’s own person is a right that, if is granted, would be empowering for its citizens. However, this recognition still has to be universally shared in various arenas, … Continue reading SEXUALITY AND THE STATE

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Hong Kong protests against the controversial national security law
Constitutional Law, Economics, Government Policy, Human Rights, International Law, International Relations, Jurisprudence, Law, Political Science

THE DEATH KNELL FOR HONG KONG?

by Dhanishta Mittal and Deepanshu Mittal China’s controversial National Security law is now to be implemented in Hong Kong through Chinese administration. This raises serious concerns regarding the demand for Hong Kong’s autonomy. The security law, which has provisions that are expected to ban secession, sedition and subversion of the Chinese government will conveniently bypass the Hong Kong legislation due to their puppet government in … Continue reading THE DEATH KNELL FOR HONG KONG?

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Jurisprudence, Law, Philosophy, Policy, Political Science, Social Sciences

A JURISPRUDENTIAL ANALYSIS OF THE J&K REORGANIZATION ACT, 2019

by Nitesh Mishra The Jammu & Kashmir Reorganisation Act, 2019 (“the Act”) was enacted and enforced by the Parliament of India, in August 2019. This Act has demoted the previously existing state of Jammu and Kashmir (“J&K”) to two Union Territories: one of J&K, and the other of Ladakh, after the abrogation of Article 370 of the Constitution. Amidst the myriad opinions around this decision of the … Continue reading A JURISPRUDENTIAL ANALYSIS OF THE J&K REORGANIZATION ACT, 2019

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