The role of the medical professional, across continents, has been in sharp focus over the last two years owing to the COVID pandemic. And, actions as necessitated by situations extraordinary and urgent as forced by the pandemic could be mostly generalised as ‘Acts Done In Good Faith’ and, concurrently, implied and protected to some extent by law.
Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts
Medical Ethics Is Casualty in COVID Pandemic
The issue with ethics is that it is, by far, perceived as possessing an element of persuasion that is enforced by fear of social disassociation as opposed to law which is, in most quarters, mandated and ascertained by threat of penal action, material loss or professional banishment.
Rulings On Secularism, Laws On Environment Make India Vibrant Republic
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Once-bitten Biggies of Hindi Film Industry Remain Politically Correct
The Me-Too movement has gained momentum across India, yet in the Hindi film industry, despite legally-orchestrated and guarded comments from a few, there is a general hush. The hush has an on-the-face-of-it ‘legal’ yet a more real ‘commercial’ basis to it. The Tanushree Dutta episode has exposed the underbelly of self-righteous sections of the film industry.
Labels:
#MeToo,
Abuse,
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CBFC,
Censorship,
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CINTAA,
Harassment,
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Judiciary,
Law,
Sexual Harassment,
Supreme Court
MoEFCC Bends Norms for Better ‘ease of doing business’ Rankings
The Ministry of Environment, Forest and Climate Change (MoEFCC) on November 15th 2018 issued a notification easing the green norms for the building and construction sector wherein residential projects upto 1.5 lakh square metres (built-up area) will not require ‘prior environmental clearance’. Also, urban local bodies such as Municipalities will now have the power to grant building permission. The move has sent ripples of fear and anticipation among environmentalists and green activists across the nation.
Banks Deprive Seniors of Sops Assured by RBI
Banking, particularly with regards to services, brings the sector squarely within the ambit of the Consumer Protection Act. A customer, a consumer within the Act, could, for non-resolution of issues through processes laid down, approach a Consumer Forum for the ‘deficiency in service’ which, if and when proved, could force the bank to cough up damages.
Supreme Court upholds Constitutionality of Aadhaar
The historic judgement puts manufactured fears of privacy risks to rest and curtails powers of private entities to avail, use and retain data. The September 26th Supreme Court judgement on the Constitutionality of Aadhaar, following a 38-day hearing spread over four months, has fetched mixed reactions. Primarily, the Apex Court upheld Aadhaar’s Constitutionality and cleared the air saying that nothing in the Aadhaar Act violates the Right to Privacy of an individual. It (Aadhaar) served ‘a bigger public interest’, was ‘unique’, and that unique was ‘better than the best’.
Child Rights Laws In India Must Be Gender Neutral
Intriguingly, among all offences, it’s the crime of rape that fires public sentiment the most, eliciting an outrage that exceeds the seemingly worst felony of all – murder too. And, if that crime is perpetrated against a child, nothing can be graver than that.
Child rights, in India more than elsewhere, is unique in that the treatment of children and social perception is different from that of other nations.
Child rights, in India more than elsewhere, is unique in that the treatment of children and social perception is different from that of other nations.
Spirited Opposition to ‘Letter’ of Rural Bonds
When 60-year-old Jamunabai Vasawe from Manibeli village in Nandurbar, on the northern border of Maharashtra, was bitten by a snake at six pm, her family rushed her to the closest sub-centre only to find it shut and a primary health centre out of reach. A boat ambulance placed for emergency medical care for villagers in the remote tribal area, was delayed by two hours. And, by the time the tribal woman was administered anti-snake venom (ASV), her condition had worsened beyond repair. She was declared dead in a government hospital in Garudeshwar, Gujarat, around 11 pm.
Implementation, Viable Alternatives Need Political Will For Plastic Ban To Succeed
For a ban that arrived with a bang, it seems to be fading away even before it could take effect. The Maharashtra government has backtracked to allow groceries and general stores to continue to use plastic for packaging after shop-keepers associations complained to state environment minister Ramdas Kadam. Already, environmentalists are saying that the government will soon give in to the powerful plastic manufacturers’ lobby and brings in relaxations.Stunned By Law Mine, Goa Govt Treads Gingerly
In a breather for the mining industry, the Supreme Court on April 4 allowed the export of iron ore from loading points on river jetties in Goa while disposing a joint special leave application filed by Vedanta Resources and another local mining company. The bench of justices Madan Lokur and Deepak Gupta maintained that the iron ore for which royalty has been paid to the state government and has been extracted on or before March 15 this year should be allowed to be transported.New Censorship Dimensions
Films have always been closely associated with Freedom. But, Freedom comes with riders. One's freedom cannot hurt another. Also, the issue of curbs being ‘unequally distributed,” across media and hence violative of Article 14 of the Indian Constitution that guarantees Equality is of topical importance. Actor-filmmaker Amol Palekar’s Public Interest Litigation challenged the ‘pre-censorship’ of films and, in particular, the provisions of the law in question.Denial, Willed In Life, Is Not Suicide
The Supreme Court’s recent ruling on the right of a person to make a ‘living will’ has underlined the inevitable. The petition, filed by registered society Common Cause, was about the right of a person to decide on the chain of events that would determine the future course of treatment should that person become incapable of making such a decision. In the unanimous judgment by a constitution bench headed by CJI Dipak Misra, the court upheld the values of liberty, dignity, autonomy and privacy.
Inability To Prove 'Public Good' Will Fetch Damages, Punishment
Allegations Based on Single SourceThe headline of the article in question based on a single statement from Mr Guha Thakurta’s source and the circumstantial evidence used to support it simply didn’t seem to justify it. The article is broadly based on two arguments: Changes to customs duties over the years and Adani Power Limited’s false submissions before the Gujarat High Court, both of which seem based on errors.
Legislature, Judiciary at Loggerheads
The legislature in India often finds itself in a Catch22 situation with having to contend with the judiciary’s interpretation of a situation. Like the union government’s concern for ‘drunken driving and road safety’ issues. A Supreme Court (SC) order swiftly struck down a union government ‘Model Policy’ created to put into place rules to assuage the central government’s concern for public health, while dodging clear of states’ excise earnings.









