EUTHANASIA IN INDIA – LEGISLATIVE PERSPECTIVE

Every human being should enjoy right to life. Article 21 of the Indian Constitution as well as under article 3 of International Convention Universal Declaration of Human Rights, 1948, guaranteed the right to life. Every aspect of right to life has been always subject to consideration of judiciary and depend upon the facts and situations. Right to die is also claimed under this head. Euthanasia is interpreted as 'mercy killing' or 'good death'. It is advocated that there are different situations in which it should be allowed to the person to let him choose his death in place of compelling him living alive. There are different approaches in this regard which either opposes the grant of mercy killing or denies to grant the death as right to die due to some causes. Everyone has the right to live dignified life according to his wish being living into certain limits and it is expected that a human being should struggle also in adverse circumstances around him. He should not lean in front of the situations. The Indian culture gives us such teachings. Hindu religion believes in the eternity of soul. Death is only the way to change a body. The soul never dies, it is eternal. Muslim religion also believes that life should be finished only upon the wish of Allah, it condemns the unnatural ending of life. But in present society in some situations, it is defended that the person should have the right to choose death. Thus, in this context the paper concentrated on the law of euthanasia in India in a legislative perspective and judicial interpretations on euthanasia.

THE STATE OF EXCEPTION IN THE GREEK CONSTITUTION:THE RESILIENCE OF THE GREEK CONSTITUTION DURING THE COVID-19 PANDEMIC

The state of exception is provided for in constitutions in response to emergency situations. The resilience of constitutions is tested in such situations, which are marked by the concentration of power in the executive and limitations in the exercise of fundamental rights. Although the Greek Constitution allows for the declaration of a state of siege, this does not include the case of a public health crisis. Nevertheless, particular constitutional provisions form an emergency mechanism, which proved to be effective against the COVID-19 pandemic and in accordance with democracy and the rule of law.

CRITICAL ANALYSIS OF DNA PROFILING IN INDIA: CONSTITUTIONAL CHALLENGES AND THE WAY AHEAD

Modern fast-progressing society has brought advancements in science and technology touching almost all aspects of our cultural and social lives. Law enforcement is not an exception to it with DNA Profiling being a giant leap in investigation procedure. Despite wide application in law enforcement in many countries of the world, India does not have a standalone law regulating the application of DNA as a method of identification yet. Further, admissibility and reliability of DNA evidence is a debated issue and a comprehensive study of legislative and judicial discourse is necessary to appreciate its value and bring reformation in the regulatory framework. This paper firstly discusses the meaning and concept of DNA profiling including its significance and application in criminal and civil investigations. Secondly, the present legal framework in India concerning DNA Profiling is discussed to analyze the shortcomings and insufficiency. Thirdly, the judicial approach towards evidentiary value of DNA Profiling is discussed. In the fourth part of the paper, the author has addressed the constitutional challenges to DNA profiling in India and provided suggestions and recommendations to make it more comprehensive and accountable. The paper concludes with the way forward in this legal reformative discourse around DNA profiling. The nature of research is doctrinal and both primary and secondary sources of data comprising of legislations, regulations, debates, research papers, journals, books, newspaper articles and judgments are relied upon by the author.

CHANGING DIMENSIONS OF RIGHT AGAINST SELF-INCRIMINATION: AN ANALYTICAL STUDY

Right against self-incrimination is recognized as a Fundamental Right under the Indian Constitution. It is based on the maxim “nemo tenetur seipsum accusare” which implies that no man shall be obliged to be a witness against himself. The right is recognized in various International Conventions and Declarations. The right has also been incorporated as a right of accused in different countries. The Apex Court of India has emphasized time and again the significance of the right in its various Judgments. However, with the growth of Science and Technology, the dimensions of Right have undergone a considerable change. It has raised the issues of Testimonial Compulsion and violation of Rights of the accused. The present paper will be an attempt to examine the Impact of growing technology in relation to right against self-incrimination and effort will be made to analyze whether the growth of Science and Technology has in fact resulted or not in violation of the right.

REINFORCING RIGHT TO LIFE UNDER THE LENS OF PALLIATIVE HEALTHCARE IN INDIA

Provisions to a dignified end to life definitely must be a concern that our constitutional founders had in mind while framing the foundation of our nation. The term "Palliative care" was coined much later. The WHO defined palliative care as "an approach that improves the quality of life of patients and their families facing the problems associated with life-threatening illness, through the prevention and relief of suffering by means of early identification and impeccable assessment and treatment of pain and other problems, physical, psychosocial, and spiritual”. The Government of India formed a committee in 2006 to create a national policy for palliative care. However, even after the being hit by Corona times, the National Policy for palliative care has not seen the light of the day. In view of the above, the study aims to explore Palliative Care under the provisions of Article 21 and other fundamental rights; it aims to interrogate the aspect of ‘dignity’; the role of the Government; evolution of the field through judicial proceedings; legal position in other jurisdictions of the world and an urgent need to reinforce “Palliative healthcare” in India.

The prerogative writs - indian perspective

The Constitution of India broadly provides for five kinds of “prerogative” writs: habeas corpus, certiorari, mandamus, quo warranto and prohibition. This study presents their legal status, namely their application, procedure and grounds for their application. The study concludes that, in India, the rule of law is supreme and judiciary has the right to interfere whenever there is deviation from this supremacy. The judiciary shall ensure that all administrative actions comply with legal limits and consider administrative measures to assess whether the authority has exercised powers, the authority misused or exceeded its powers, the authority committed an error of law, the authority violated principles of impartiality of the judiciary, the authority has violated the fundamental rights of individuals. The Judiciary stands to ensure that all administrative actions are confined to the limits of the law and examines administrative action to assess whether the authority has exercised its powers, whether the authority has abused or exceeded its powers, whether the authority has committed an error of law, whether the authority has violated the principles of natural justice, whether the authority has infringed the fundamental rights of persons.

PREGNANCY FEARS, SOCIAL DISTANCING AND CORONAVIRUS DISEASE: ANALYTICAL STUDY WITH SPECIAL REFERENCE TO INDIA

An authenticated attempt to understand the apprehensions of expectant mothers during COVID-19 rampant, the study primarily focuses on decoding the unpropitious ramification of such pandemic on the pregnant women. The process of giving birth to the child is itself risky, however, the existence of COVID-19 virus has made this process more complicated, tedious, and cumbersome. The social distancing practice has raised question upon the reproductive liability and has contemplated the immediate need of inclusion of maternal health provisions amongst the essential medical services in contemporary times. Research Methodology and Reference Materials: The author has employed doctrinal research methodology and has used existing qualitative data to uncover the plight of pregnant women in India. For reference, the study of the health reports laid down from time to time by the UNFPA, UNICEF and the Centre for Reproductive Rights, (India) is made. Conclusion: The present study helps us to delineate such means and methods which can help in improving the reproductive health of pregnant women.