Laws Swinging Cradle to Grave : Gallows to Pillows

Laws Swinging Cradle to Grave : Gallows to Pillows

The Year 2015 has been noted for an addition to its stereotype judgments; embarked and enshrined as ‘crude decision of the apex court’,for deciding the fate of a terrorist-cum-human for gallows. It has been decided after a prolonged wait of 20 years that 257 victims of 12th march 1993 Bombay Bomb Blast~Black Friday~, have perceived justice and the same appeals to them as incomplete, turning out into a National catharsis. With myriads of expectations and eyes lurking for justice, the cause of justice innocuously turned into rage of revenge and thirst of avenging the victims of bomb blast. The onus rested on the incumbency of 20 years of governance and the question of justice was brought up, at the beginning of each term, but with the glimpse, government could have taken a positive step towardsignominious efforts of predecessors; the demos prudential were left with a hope gripped in hands and painted in shades of saffron. The current scenario contemplates eyes of the common that the unprecedented issue is finished within a span of 2 weeks and still there are masses whostill believes that the justice is not served and questioned the technicality of law. The heartfelt condolences through empathy towards the terrorist-cum-human screamed louder than the shredded souls and bombed bodies. The questions raised by the rudimentary section of society left the “ignited Minds”to hover into the correctness of the actual issue at hand and left the righteousness of illicit actions to decide the fate of ‘’he who to be hanged’’. The 21st century has also stepped as a growth of Media and evolution of chivalrous mindset of scrupulous people, now they have actually learnt to raise a question and curb the dominating HAND. But eventually with time the power to raise question was capriciously confused with raising an issue rhetorically, they only wanted solution as the one they had decided while raising the issue. Thus this ideology and methodology turned the principle of ‘’Due Diligence’’ futile and connoisseur of law was vehemently questioned. The renaissance of conscious awakening, filtered people with a power in form of a right to fight for justice, rights and welfare, but consequently the same power left surreptitiously, a...

Jargon of Killing Oneself: Injustice in law?

Jargon of Killing Oneself: Injustice in law?

The concept of suicide has been developed since ages long. Historically, Suicide was considered as a serious offense. But modern society has changed the perspective of many westernized country. But many Asian countries like India still criminalize even attempt to suicide. People are penalize and imprison after their failed attempt. Tragedy doesn’t ends there their family who are already grief stricken after the death are made to follow legal consequences. In India section 309 of the IPC criminalizes attempt to suicide. Suicidal tendency is an unhealthy condition arising of an abnormality.   Circumstances leading   them behind   the legal bar  will surely worsen the condition. If the law enforcement bodies are shifting their focus from legal sanctions to medical sanctions it will create positive frequency around to get more vocal for this cause. There are three different kinds of attempt to suicide depending on the way people attempt it and the manner in which it gets legal sanctions.  Sometimes people   are deliberately reporting the matter to the police as accidental so as not to get into penal actions and even hospital are frequently denying to admit suicide attempters in case not to get into trauma or stigma. So at last   patients lacks the even only emotional support they can get. Recent cases of   suicide during the last few years has revealed that there has been significant increase in attempt   to suicide.  So the government has decided to repeal the section 309 of the IPC by   passing Medical health care bill 2013 which can be stepping stone towards decriminalization of attempt to suicide. Suicide has been crime since ages long. Historically law against suicide and mercy killing has been developed from religious doctrine –“One(god) who gave should only take”. And external manifestation of the act done by the person by ending life was so against the natural law of the land. History shows the followed consequences of suicide as well as associated matters of assisting suicide and attempting suicide. There were strict jurisdictions with regard to the same and moreover, after the death, legal consequences were suffered by their family members and they were left to face the miseries of exorbitant legal procedure involuntarily. Subsequently, family...

In Interest of Justice – Aaditya Gore

How serious is an attack on or interference with the duties of a judge presiding over a Court of Law? Does it not impede the course of justice? How serious is an attack or interference with the duties of an officer conducting an investigation? Does that also not impede the course of finding out the truth? If so, why should an attack or interference with the work and duty of an Advocate be any different? Advocates are an integral part of the system of administration of justice. Any attack or interference with their duties is an attack on the administration of justice. The duties of an Advocate are three-fold : those towards the Court, towards the other side and towards the client. The first two cease with the conclusion of a matter in a Court. It is the third which is the most enduring of all. The duty of an Advocate towards his/her client to maintain confidence and privilege of whatever is communicated by the client during the subsistence of the client-Advocate relationship outlasts even a particular Advocate’s holding the licence to practice. This means that even if one fine day, the Advocate decides that he/she wants to quit legal practice, whatever was shared by a client during the subsistence of the client-Advocate relationship will have to be honoured. This is what the law mandates. Advocates who are equipped and even privileged (no other profession can appear before all Courts, tribunals and quasi-judicial authorities with the possible exception of Chartered Accountants who may appear before Tax Tribunals) to conduct cases before Courts of Law are duty-bound ethically and even legally not to refuse a brief, i.e. no Advocate may refuse to take up a case just because he/she has a particular opinion about a client. Indeed, it is not an Advocate’s job to judge a person before the judgment. It is to assist the Court in coming to a conclusion after a wholesome and full representation of all possible merits of the party that an Advocate is engaged to represent. In this way, Advocates act as and are indeed Officers of Court. So the first duty of an Advocate is to the process of...

Death Penalty – effective deterrent or judicial murder?

 Prasanna Kapoor “I cannot in all conscience agree to anyone being sent to the gallows. God alone can take life because he alone gives it.”-Mahatma Gandhi  DEFINITION OF CAPITAL PUNISHMENT A.K.A JUDICIAL MURDER-  “To defend death sentence is to admit that there comes a stage in a human being when the person is believed to be beyond correction and learning, with no scope for transformation and reformation, beyond the hope of doing anything which will be of any use to any member of the society .However, its rare to come across a human condemned to death who is so derelict that his mother, children and friends do not come to meet him and feel nothing for him”. In India, the death penalty can be imposed under Article 21 of the Constitution which states: “No person may be deprived of his/her life or personal freedom except in cases established by law” . The ambit for its imposition is within following offences – (1)   Punishment of criminal conspiracy(S.120 B) (2)  Treason, for waging war against the Government of India (s.121) (3)   Abetment of mutiny actually committed (s.132) (4)   Perjury resulting in the conviction and death of an innocent person (s.194): (5)  Threatening or inducing any person to give false evidence resulting in the conviction and death of an innocent person (s.195A) (6)   Murder (s.302) and murder committed by a life convict (s. 303). Though the latter was struck down by the Supreme Court, it still remains in the IPC. (7)  Abetment of a suicide by a minor, insane person or intoxicated person (s.305) (8)   Attempted murder by a serving life convict (s.307 (2)) (9)   Kidnapping for ransom (s.364A) (10) Dacoity [armed robbery or banditry] with murder (s.396) The death penalty is provided under the following special and local laws: (1) Laws relating to the Armed Forces, for example the Air Force Act 1950, the Army Act 1950 and the Navy Act 1950 and the Indo-Tibetan Border Police Force Act 1992 (2) Defence and Internal Security of India Act 1971 (3) Defence of India Act 1971 (s.5) (4) Commission of Sati (Prevention) Act 1987 (s.4 [1]) JUDICIAL MURDER AND DETERRENT EFFECT – “Criminal justice system continues its punitive ways...

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