by IJLMH | Apr 27, 2020
India is currently engaged in an unexpected and massive health crisis, battling potential economic and social risks as the country remains in lockdown due to the Covid-19 virus. At this juncture, the Apex Court’s role in supplementing government’s policies and acting in furtherance of reducing risk and exposure becomes pivotal. However, the same was recently made subject to a debate with respect to the court’s decision to make testing for the virus free of cost in the approved private laboratories. The decision comes under scrutiny, as it becomes another example of judicial overreach wherein the court occupied the executive’s domain as it re-created policy. In addition to violating the doctrine of separation of powers, the court’s directions to oblige private entities with the object of enforcing fundamental rights was blatantly contrary to the well-established rule that fundamental rights stand to be enforced only against the state. The article aims at analyzing the shortcomings of this decision including the impact it would have had economically as well as in terms of its effect on the fight against the novel virus had this order been allowed to sustain. The researcher shall also discuss the subsequent modification made in the order and how the same reflects poorly on the Supreme Court as it acknowledges with disconcert its own transgression. The article attempts to bring to light the pattern of unfortunate judicial supremacy in India and the impression it tends to create in the minds of the general public to the tune that every policy decision is accountable to the judiciary’s modification of the same even if it does not involve any legal question whatsoever.
Keywords: Covid-19 Virus, Supreme Court, Lockdown, Free-testing, Private Laboratories
by IJLMH | Dec 6, 2019
This article tries to throw light on emerging life style in India. A deep look into western style of relationship in Indian society .change is the law of nature .So it resulted everywhere. It is up to individual to decide whether to accept the changes or not
This article about new life style in family set up. India has been known for well married family set for centuries. Now the time has come for a change, a time to experience a new paradigm of life style. We call it as ‘Live in relationship’. This style is going to be accepted by all short span time. In metropolitan cities it is already in practice .The advantage of this method of life will attract the new generation, this article brings a clear understanding of what is live in relationship and how it can be effective in our society .It addresses all merit and demerits and tries to give a solution to all such queries which can be raised by critics.
by IJLMH | May 20, 2019
In this comprehensive article, we will look into several aspects of homosexuality oppression across the world and we will take deeper look into the homosexuality oppression in India, particularly. This article explains the background and the present scenario of acceptance of adultery and homosexuality in military and society, as well. First, we will see how the laws in India have changed and how adultery and Homosexuality have been decriminalised by the Supreme Court of India. Then we will look at the countries that have anti-homosexuality laws and how the things have changed in the last decade. Lastly, we will see how military is affected by the New laws in India on homosexuality and adultery. Kindly note that it is based on the recent changes made by the Supreme Court of India.
by IJLMH | Dec 30, 2018
As civilization progressed, man started fighting against various diseases both internal and external. Along with earlier herbal or natural medicines, man searched for inventing more preventive and curative medicines. Development in science and technology has brought in more and more advancements in the field of medicine and treatment. The transplantation of human organs can be considered as one of the wonders of medical science. Initially organs were transferred from deceased persons, but gradually it became possible to donate organs from living beings. There started issues of organ trade, organ selling, commercialization of organs etc. The issues of medical professionals being engaged in these practices, the unethical practices of hospitals etc. started getting public attention. The Government of India enacted Transplantation of Human Organs Act 1994 for regulating organ transplantations in India. The Act was amended in 2011 and the rules came into force in 2014. Most of the state governments also issued orders regulating various aspects of organs transplantations in accordance with the legislations. The Constitution of India guarantees right to life under Art. 21 and the Supreme Court and various High Courts have held in many cases that Art 21 also includes righ to health. This article examines the various facets of organ transplantation in India, the reasons of organ trade, legislations for preventing organ selling etc.
