by IJLMH | May 17, 2020
Medical negligence has nowadays have become one of the serious issue in India. Our experience tells us that medical profession is one of the noblest professions. Patients usually see the doctors as God as it is them who are going to treat their illness, health issues and in the end they will be cured and healed by them and we at least expect them to be careful while discharging their duties toward their patients. Medical negligence is also termed as medical malpractice that is an improper, unskilled, improper or negligent treatment of the patients by their physician, dentist, nurse or other health care professionals. In 1995, the SC decision in the case Indian Medical Association v. V.P. Shanta& Ors1 brought the medical services within the ambit of “service” defined in the consumer protection act 1986. This defined relationship between patients and medical professionals by giving contractual patients the power to sue doctors if they sustained injuries in the course of treatment in ‘procedure free’ consumer protection courts for compensation. There is an urgent need to check increasing trend in number of medical negligence cases and deteriorating quality of healthcare in India. Study of decided cases of medical negligence can provide an insight into the reasons for medical negligence cases, factors mainly responsible for medical negligence and impact of doctor-patient relationship, etc.
The present paper aims to analyze the concept of negligence in medical profession in the light of interpretation of law by the Supreme Court of India.
Keywords: Negligence, Medical Negligence, Consumer Protection, Civil Liability, Dorts, Damage.
by IJLMH | May 16, 2020
The digital age is advancing at a livid pace. It is a rare sight nowadays to see anyone without carrying a mobile phone or using any such electronic device almost on a daily basis.However, it is a matter of growing concern that the cyber space is becoming a particularly desolate and venomous area for a large number of users, more particularly women. It is, thus, most ironic that the digital domain, considered to the most secure and theft-proof depository of confidential information has been targeted by, violated and compromised by perverse elements more than any other medium. In this paper, I tend to scrutinize the various methods through which cyber criminals operate with a particular objective to outrage, demean and libel the modesty of women, and/or, try to infiltrate their financially or socially confidential credentials. Furthermore, I would try to elucidate a handful of measures that can be carried out, both on individual as well as collective level, to mitigate this hazard against the interests of women.
by IJLMH | May 16, 2020
A Hamletian Dilemma- To Mercy or not to mercy. What are the responsibilities of the state when it decides to punish a person for a crime? The debate whether to retain or abolish the provision of mercy petition is unending. The negative implications of the provision have, in multiple cases, led to a public and media outcry for failure in the administration of justice, such as in the case of Afzal Guru, Nirbhaya, etc. This article traces the expediency of the powers to grant pardon prescribed in the Indian constitution, and the jurisprudence developed in the court of law. The article commences with the origin and the history of the provision, then explains its scope and intricacies. Furthermore, it justifies the necessity of the provision in spite of its repercussions, in the modern civilized society.
by IJLMH | May 16, 2020
A Hamletian Dilemma- To Mercy or not to mercy. What are the responsibilities of the state when it decides to punish a person for a crime? The debate whether to retain or abolish the provision of mercy petition is unending. The negative implications of the provision have, in multiple cases, led to a public and media outcry for failure in the administration of justice, such as in the case of Afzal Guru, Nirbhaya, etc. This article traces the expediency of the powers to grant pardon prescribed in the Indian constitution, and the jurisprudence developed in the court of law. The article commences with the origin and the history of the provision, then explains its scope and intricacies. Furthermore, it justifies the necessity of the provision in spite of its repercussions, in the modern civilized society
by IJLMH | May 16, 2020
“Capital punishment” or “Death penalty” is the highest degree of punishment awarded in any society or democracy to hold regulation and order. But killing some other human being in the name of justice is not less than murdering someone. But unlike China where almost 1000 execution done per year, doctrine of “Rarest of the Rare” is used in India and that too often commuted to life imprisonment. The aim should be to remove the crime and not the criminal. United Nation has opposed the concept of Death penalty and mentioned that Life is most precious, and loss of life is irrevocable. Further UN also said that killing another human being in the name of justice also kills the fact that we are human. We are no one to figure out who will live and who gets to die. Therefore alternatively of putting anybody to loss of life we need to adapt a one-of-a-kind strategy i.e. the reformative method so that one who want to improve himself will get a chance to do so and can live peacefully thereafter.
by IJLMH | May 16, 2020
In this post-modern world, it is delightful to understand and see the rapid and blooming growth of economics and how individuals contribute to this development regardless of ‘cross-bounder’ or extra territorial transactions being necessary rather than optional. Also, it is of significant importance to understand that not all agreements and contracts between commercial organizations operating across borders or commercial organizations and states that they invest in are executed swiftly. Some transactions between entities get baleful and thus, give rise to a dispute which cannot or may not be adjudicated by the domestic laws of a state because of the transaction being extra territorial in nature. Overseeing situations like this, international agreements and contracts set out a dispute resolution clause which, authorizes the parties in the agreements to submit their dispute to an arbitration tribunal. These tribunals depend on investment protection instruments like Bilateral Investment Treaties, which are on the basic principles of International Investment Law and protect foreign investors against any disorderly activities of a host State.
In this article, we shall discuss in dept the International Center for Settlement of Investment Disputes (ICSID). A detailed analysis of how investment by individuals in foreign sates are protected, an overall operational mechanism of international investment arbitration which respect to ICSID shall be discussed. Also, this article will have a special emphasis on a grey area issue in the world of investment arbitration which is the denunciation of the ICSID convention, its cause and effects, its outcome to on the denouncing sate, on foreign investors and most important of all; its outcome the standing BITs or other investment protection treaties and the jurisdiction of the Center or the tribunal after such denunciation by states using brief case studies.
