Tag: lawstudent

INTRODUCTION

The pandemic of Corona Virus (COVID-19) hit India recently and the associated uncertainty increasingly tested the psychological resilience of the masses. When the global focus has mostly been on testing, finding a cure, and preventing transmission; people went through a multitude of mental problems in adjusting to their current lifestyles and fear of the disease.

SITUATION PRIOR TO THE PANDEMIC

The government’s National Mental Health Survey reported that about 10 percent of adults meet diagnostic criteria for a mental health condition (ranging from mood and anxiety disorders to severe mental illness). The Global Burden of Disease study estimated that nearly 200 million people in India have experienced a mental disorder, nearly half of whom suffer from depressive or anxiety disorders. India accounts for more than a third of the female suicides globally, nearly a fourth of all male suicides, and suicide has been the leading cause of death in young Indians.

THE PANDEMIC

The Covid-19 cases first erupted in China and in no time the cases could be seen throughout the world. With the increase in cases so rapidly, a pandemic was declared and a nationwide lockdown was imposed in India. This pandemic resulted in 2 phases of impact on the mental health of the people. The first phase was when the pandemic surged throughout the country. The cases and acute severity of the transmission. The second phase was basically the economic fall down of the country which got deeper with an increasing number of cases. The virus terrified the people of dying or their loved ones getting contracted the infection. They are even agitated with the whole social distancing, isolation and several precautions that are expected and being followed by the people in order to stay protected.

Covid-19 enables us to witness something that our generation had never seen before. The nationwide lockdown, the devastating no. of surging cases, bans on social gatherings, a lot of precautions, fixed hours to buy essentials and the whole catastrophic situation at the hospitals for medical help. Indian Medical Facilities hit rock bottom when the cases became uncontrolled but resurrected once the solution was found. People started to go along with the home remedies, the easier, healthier and more accessible options to stay fit and fight the virus.

In the First-ever nationwide lockdown, the roads went empty, shops closed, no possible human could be seen, tight security of police personnel and the introduction of masks in our lives were few of the instances that every Indian experienced. With all this came the difficult part, the lives of poor people just got worse, the daily wagers, migrant workers, beggars, and street animals just got stranded. More than Covid, surviving the lockdown was the only resort left to them. Below mentioned are the various challenges that were faced by people during the Covid era.

THE CHALLENGES

• THE PLIGHT OF MIGRANT WORKERS

The Migrant Workers were forced to migrate back to their villages with no money or job in hand. They were completely clueless about how to earn their bread and butter and look after their family. The families too welcomed them although there were apprehensions about them bringing back the virus from the cities. There was soon a substantial increase in the population of the villages and the locals were afraid that the migrants might start to claim a stake in their property. The poor were though strained as to their limited resources and one time meal for the entire family would be a blessing for them.

The adjustments with the migrants were also tough. There were basically two categories of migrant workers, firstly the unskilled ones like the labors and mazdoors, who availed work under MNREGA and managed to get ration. The second category was those semi-skilled workers like those working in factories and bearing some skill. The adjustment was tough for them and they were the ones who started to develop psychological issues and mental trauma.

While the government focused on providing food and essential supplies to people, there were still no facilities for mental health treatment. With the increasing no. of cases, NGOs like PANI, a social development organization working in underdeveloped regions of Uttar Pradesh, started to arrange counseling and clinical treatments for those affected. Health camps, providing medicines that people could not afford due to lack of money, sufficient check-ups and Therapy sessions were conducted after a survey of the no. of migrant workers that got migrated in the pandemic.

The question was also raised as to the violation of Human Rights when a complete lockdown was imposed on such short notice. There was no chance provided for such lower income group people to arrange their survival. They lost their jobs and the only source of income that kept their family afloat. They have to leave their cities and many returned to their villages on foot since there was no availability of transport. They were given no recourses to survive. No doubt the poor ravaged the major brunt of the pandemic.

• THE WOMEN STIGMA

The continuing surge in cases of Covid took a heavy toll in the second wave than the first. The second wave was truly a disaster. As a matter of fact, the rural fatalities were disproportionately higher in men than in women. Several women became widows and lost the breadwinner of their family and suffered a double burden of grief and survival. The rural population majorly depends upon agriculture and with no source of income, even women resort to agriculture for survival as it could very well be seen, that the virus might be gender-neutral, but its effects were not. The women faced disparity in land ownership. They were included in the unpaid agriculture labor force even under adverse conditions without any decision-making power. Single women were stigmatized, marginalized, and excluded both in the sphere of community and government policies. The Patriarchal society clearly showcases that with the death of a male member there come many social sanctions and restrictions that disadvantage the women. Women are either compelled to waive off their land rights or their voices are unheard of or suppressed by society. There is a wide gap between the enabling legal framework and the actual extent to which women’s land rights are exercised.

• THE WHO REPORT ON MENTAL HEALTH AND COVID-19: EARLY EVIDENCE OF THE PANDEMIC’S IMPACT

The World Health Organization published a report wherein it emphasized the impact of Covid 19 that is been generated on the mental well-being of the people throughout the world. The cases of Suicides, self-harm, Depression, Mental Trauma and stress, physical and mental exhaustion, sleep disturbances, and physical and mental exhaustion. The data even indicated that there is a higher risk of suicidal behavior in the young generation. The report also stated that the risk of severe illness and death from COVID-19 was higher among people living with mental disorders. There is no consistent evidence that people living with mental disorders were more susceptible to COVID-19 infection. Inadequate infrastructure, pre-existing inequalities, and low levels of technological literacy were reported e-health barriers.

• COVID-19 AND THE INCREASE IN DOMESTIC VIOLENCE AGAINST WOMEN

Covid-19 unveiled the existing inequalities in families and society and exacerbated the structural factors that contribute to domestic and intimate partner violence. Even the UN Secretary-General appealed to the leaders of Member states to put ‘Women’s Safety First’ and to build gender-responsive measures in their plans to address the Covid Challenge. The National Commission for Women (NCW) reported a two-fold increase in complaints relating to Domestic Violence since the imposition of lockdown. Data from National Legal Services Authority (NALSA) observed an increase in cases of domestic violence during the lockdown. Complaints of rape or attempted rape have risen sharply. The Childline India Helpline 1098 recorded that of the 3.07 lakh calls received by the helpline for children in distress across the country. A national collective of sex workers reported that close to 60% of sex workers had to return to their home states due to the threat of COVID-19.

Research undertaken by a Think Tank on the virus’s impact on slum communities in Mumbai, India’s financial capital and one of the biggest COVID-19 hotspots, reveals that with the lack of basic infrastructure, women from urban poor households are queuing up for long hours, most often during the early morning when still dark, to collect water from community taps. Many women are also buying water from the black underground markets that operate in the wee hours of the morning and often face sexual and verbal harassment.

With the increase in domestic responsibilities and household care due to the COVID-19 outbreak, where women also tend to eat the least and the least, the financial strain and food storage have severely impacted women’s health and nutrition more than men.

The trauma of women migrant workers has been invisible in media reports as has been the response and relief measures by the Government and others. A state-wide survey by a Karnataka-based organization reported that over 60% of surveyed women (284 of 1387 respondents were women laborers, sex workers, and trans-persons), and did not have access to basic medical treatment, food, and incomes due to the lockdown.

• DOCTORS AND FRONTLINE WORKERS

A survey of 152 doctors found that more than a third of them are experiencing depression and anxiety due to the pandemic. Frontline workers are reportedly burdened by over-work, and anxious about contracting the virus.

RESPONDING TO THE CRISIS

There had been proliferating initiatives that were introduced to address the growing mental distress and health issues among the people such as Telemedicine Platforms which would be available 24*7 for medical supplies, and telepsychiatry consultations. Several Central Government initiatives were launched whereby persons with mental illness were provided with electronic medical prescriptions, although this was not much fruitful for the rural population. Several non-profits, private hospitals, and universities have set up helplines and e-counseling—for example, the Neptune Foundation, Trijog, Mastermind Foundation, Samaritans, Jamia Millia Islamia, and others.

The pandemic and the lockdown were a timely opportunity for all those who are concerned and are a part of it to reunite and address the issue of mental health care along with containment of the pandemic. There should be an acknowledgment of the several ways by which mental health gets affected and one must go beyond the narrow, disease-based models of mental healthcare.

This article is written by Ajita Dixit, who graduated from ILS, Dehradun, and is currently pursuing her Master’s in Law.

INTRODUCTION

After independence, our nation was struggling to overcome many issues such as illiteracy, poverty, hunger etc. Due to all this, environmental issues were getting neglected by the government but with time, the people and authorities started to recognize environmental issues. With the advent increase in the rate of global warming, and rise in the sea level we are destroying our nation which is inherited us by our forefathers. If the situation continues to go like this, our future generation will not see what we are having today.

India is one of the countries which actively take part in environmental issues and one of the events is the UN- 2030 agenda is the global framework to eradicate poverty and achieve sustainable development goals by 2030. There is a total of 17 sustainable development goals and the agenda for the environment can only be resolved by establishing specific courts and tribunals for environmental issues. It has been ascertained that if environmental cases are to be considered, they must be based on scientific analysis, which is only possible with the assistance of experts and judicial officers. If this is followed, the judicial system will become more efficient in resolving environmental issues. For tacking cases related to this environment, the national green tribunal was established under the national green tribunal act, 2010. India is the third country to establish such a kind of special body to deal with environment-related ted issues followed by Australia and New Zealand.  

THE IDEA FOR CREATING ENVIRONMENTAL COURTS IN INDIA

Due to the huge escalation in the cases related to the environment, there was a form of an increase in the rate of delivering justice in the environmental cases. The national green tribunal was established on 18^th October 2010 under the nation green tribunal act, 2010. This statutory tribunal was set up with the central objective of resolving disputes related to the environment. In the Bhopal gas tragedy case^[i] in which, Mc Mehta filed a writ petition under Articles 21 and 32 of the Indian Constitution seeking the closure of all Shriram Food and Fertilizers factories engaged in hazardous substances and located in the congested area of Kirti Nagar. During the petition before the court, there was a gas leak from one of the factories, which resulted in the death of an advocate, as well as other people being affected by the gas leak. This incident makes me think of the Bhopal gas leak disaster. Following that, factories were immediately closed. The bench of five judges, led by Justice PN Bhagwati, issued the rule of absolute liability, which means that if a factory deals with hazardous substances and the hazardous substances escape, causing the death of many people. The factory would then be liable even if reasonable care and protection were taken. As with absolute liability, there is no defence. The law must be amended as civilization advances. As a result, the court held the industry “totally responsible” and ordered that compensation be paid regardless of whether the injury was proven Further, in the case of the union of India V. Vimal Bhai, the supreme court raised the issue of difficulty in solving the technical environment-related issues and need for special environment court. Both these cases further aggravated the need for a separate environment court.

PRINCIPLES OF JUSTICE ADOPTED BY THE NATIONAL GREEN TRIBUNAL

The national green tribunal is not bound to follow any procedure provided by the Code of Civil Procedure and the Indian Evidence Act, 1872.

They follow the principle of natural justice, sustainable development, and the polluter pays principle,

Principle of natural justice

Natural justice revolves around the principle of ‘unbiased’ or ‘fairness’ Making an adequate and reasonable decision on a specific issue is what natural justice entails. It doesn’t always matter what the reasonable decision is, but in the end, what matters is the procedure and the people involved in making those reasonable decisions.

There are mainly three rules followed by the natural justice

1. First is the ‘HEARING RULE’, which states that the person or a party who is going to be affected by the decision then, he’/she will be allowed to express their point of view to defend themselves.
2. Second is the ‘BIAS RULE’ which states that the decision should be given by the judges fairly.
3. Last is the ‘REASONED DECISION’ which states that the judgement given by the court will be given on the reasoned ground

Sustainable development

The word sustainable development was first used in the Stockholm declaration, in 1972. Sustainable development means fulfilling the needs of the present generation without compromising the need of the future generation.

Polluter pays principle

The polluter pay principle is a common practice which means that the polluter who produces the pollution has to bear the cost for the harm caused to human health or the environment.

NATIONAL GREEN TRIBUNAL ACT, 2010:^[ii]REASON FOR THE ENACTMENT OF ACT

• One reason was the rate at which the resources are getting exhausted, factories are set up and increasing urbanization which further leads to the increase in the pendency of cases related to environmental issues. Due to this environment courts were set up including the national green tribunal.
• Article 21 which is the heart of the Indian constitution also includes the right to live in a healthy environment, which is also our fundamental right. Along with this, Article 48(A) which is the directive principle of state policies states, “the state should endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.”
•  As a member of the United Nations Conference on Human Environment, India was obligated to provide very effective judicial and administrative proceedings, as well as to redress the liabilities under national laws for victims of environmental pollution and damage.
• To provide relief and compensation for the damage caused to life, property, and the environment.  

POWERS OF THE TRIBUNAL

The power of tribunal is conferred under the section 19 ^[iii]of the said act

• The tribunal has the power to hear and analyse the case and provide relief or compensation to the aggrieved person.
• Has the power to issue the commission for witnessing the documents.
• Has the power to dismiss the case if the case is found to be defaulted or in the case of ex-parte.
• It can also pass the interim order after listening to both sides of the parties.
• Under section 20 of the said Act, the tribunal has the power to order or grant any award to take step towards substantial development.
• Section 21^[iv] of the act states that decisions made by the majority of the tribunal’s members are binding on the aggrieved parties.

If the matter falls under any of these acts

• Wildlife (Protection) Act, 1972^[v]
• Indian Forests Act, 1927^[vi]
• Other tress prevention Act

Then, the national green tribunal doesn’t have any power in these matters. People can approach either to civil court or can file a writ petition under a high court or supreme court.

COMPOSITION OF NATIONAL GREEN TRIBUNAL

Under Section 4 of the act,^[vii] it is mentioned that what should the tribunal consist of

• An eligible full-time chairperson as defined under the national green tribunal act, 2009.
• 10 -12 judicial officers.
• The chairperson has the power to call any specialised person in the tribunal for assistance.
• The central government can notify the territorial jurisdiction that falls under a specific place of sitting.
• The central government along with the chairperson has the power to make rules and regulations for the tribunal.

The first chairperson of the national green tribunal was Justice Lokeshwar Singh.

BENEFITS OF NGT

• DEDICATED COURT FOR ENVIRONMENTAL MATTERS

The establishment of the national green tribunal helps to lighten the burden of the supreme court by handling cases related to the environment and providing them relief and compensation to the aggrieved person.

• ALLOWS SPECIALIZATION

NGT is composed of judicial officers and highly qualified professional and environmental experts who handle the cases judiciously and with expertise.

• TIME-BOUNDED DISPOSAL OF CASES

The tribunal has to dispose of the application within 6 months of filing the same.

• WIDER REACH

The quality of time spent on these issues could also be improved because, unlike the Supreme Court, the tribunal could have benches in various states, allowing all citizens equal access.

CHALLENGES

• LIMIT TO JURISDICTION

Wildlife protection act, 1972, Indian forests act, 1972, and other trees prevention acts don’t fall under the jurisdiction of the national green tribunal act.

• OBSTACLE TO DEVELOPMENT

NGT decisions have also been criticised and challenged because of their implications for economic growth and development.

• LOOMING VACANCIES

The lack of human and financial resources in NGT undermines the rule of NGT for disposing of the case within 6 months.

• LIMITED REGIONAL BENCHES

NGT is only found in major cities across India like Delhi, and Pune  However, environmental exploitation occurs in tribal areas of dense forest.

JUDGEMENTS

• In the case of Braj Foundation V. state of Uttar Pradesh, the Braj Foundation filed the case and asked the government to draft a memorandum of understanding for the practice of afforestation at the Vrindavan. The government contended that the advertisement was just an invitation to treat not a contract. But the national green tribunal held that the government must promote afforestation,
• In the case of Jeet Singh Kanwar V. the union of India, In this case, the petitioners are challenging the environmental clearance granted for the construction of a coal-fired power plant. Finally, it was determined that if the environmental clearance is not causing excessive environmental degradation, the project can be continued. However, the tribunal issued an award regarding the illegality of the environmental clearance due to the consequences.
• In the case of A.P. Pollution Control Board V. Prof. M.V. Nayudu (1999) case, With an appeal to the Supreme Court from the Environmental Court, the Supreme Court emphasised the need for a court that was “a combination of a Judge and Technical Experts” in the landmark case.
• In the case of Save Mon Federation V Union of India, the NGT stopped the hydro project worth rupees 6,400 cr to save the habitat of a bird. The NGT ruled that a December 2016 amendment to the EIA 2006 notification was a “ploy” (by the government) to get around the 2006 rules. Many projects were approved illegally, such as the Aranmula Airport in Kerala, the Lower Demwe Hydro Power Project and Nyamnjangu in Arunachal Pradesh, mining projects in Goa, and coal mining projects in Chhattisgarh were either cancelled or reassessed.

CONCLUSION

In conclusion, it is important to see the decision taken by the NGT as a path towards sustainable development, not as an obstacle to development. There should be a balance maintained between development and a healthy environment. Development depleting natural resources in a huge number will be in vain. It will not have any valuable meaning. If this keeps on going then, our future generation will not be lucky enough to see the resources we have today. We should follow the concept of sustainable development, i.e to utilize the resources in such a manner that they are saved for our future generations.

---

CITATION

[i] 1987 SCR (1) 819.

[ii] National Green Tribunal Act, 2010

[iii] National Green Tribunal Act, 2010, Sec 19.

[iv] National green tribunal act, 2010, sec 21.

[v] Wildlife (protection) Act, 1972.

[vi]Indian forest act, 1927.

[vii] National green tribunal act,2010, sec 4.

This article is written by Prerna Pahwa, a student at Vivekananda Institute of Professional Studies, New Delhi.

About the Company

Corp Comm Legal is an Indian legal company based in New Delhi that specialises in domestic and international corporate, commercial, and mergers and acquisitions. They have associate offices in all of India’s main cities, and they also cooperate on international transactions with a number of foreign law firms on a non-exclusive basis. Domestic and international corporations, non-resident Indians, and high-net-worth individuals make up their client base. A team of devoted and experienced specialists advises each client under the direct supervision of a partner. They support clients from the beginning of their business, assisting them in the formation of their company, guiding and counselling them in the operation of their business, and advising on and resolving any legal difficulties that may arise throughout the course of business. They keep their clients and professional associates informed about regulatory changes and legal developments on a regular basis.

About the Responsibilities

Internship opportunity for 4th year law students with exposure and interest in corporate laws, mergers and acquisitions and possessing good research, analytical and writing skills

Location

Online

Time Period

3 Months

Stipend

Yes

How to Apply?

Interested candidates may apply from here:- ccl@corpcommlegal.in with cv and writing sample.

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“I think those who have a terminal illness and are in great pain should have the right to
choose to end their own life, and those that help them should be free from prosecution.”

Stephen Hawking

INTRODUCTION

While survival is unquestionably important, life may also be unpleasant and terrifying at times under certain circumstances. Euthanasia is nothing more than permission or license given to a medical provider to end the life of a person. Though the Constitution of India allows a feasible way of living a healthy and dignified life, it does not allow for voluntary death. The practice of euthanasia raises complex questions of legal and execution conformity in countries all over the world. Every individual wishes to live and enjoy life till the end of his or her days. However, there are certain instances when a man wants to end his life on his own volition, no matter how strange it is to end one’s life in such an unconventional way.

The phrases ‘euthanasia‘ and ‘thanatos’ are derived from the Greek words ‘eu’ and ‘thanatos,’ which mean ‘happy death’ or ‘easy death,’ respectively. When a person takes his or her own life, we call it “suicide,” but when others take a person’s life at the desire of the dead, we call it “euthanasia” or “mercy killing”. It is the physician’s painless end of the life of an acutely suffering patient at the patient’s request¹.

As a corollary, euthanasia is identified with those who are suffering from a fatal disease or incapacitation and refuse to live the remainder of their lives in misery and suffering. A terminally sick or disabled individual should be able to choose whether or not to live. Euthanasia is a divisive topic that touches on a society’s ethics, integrity, and principles.

TYPES OF EUTHANASIA

Euthanasia is usually performed when a person wants and requests relief; however, When a person is unable to make such a request, euthanasia is employed as a last resort.

On the basis of informed consent:

1. Voluntary Euthanasia
2. Non-Voluntary Euthanasia
3. Involuntary Euthanasia

On the basis of its manner:

1. Active Euthanasia
2. Passive Euthanasia

● Voluntary Euthanasia: Euthanasia is deemed voluntary when it is carried out with the patient’s expressed wish and agreement. The ability of the terminally ill patient to choose whether or not to end his or her life, a choice that serves his or her best interests as well as the interests of others, is at the heart of voluntary euthanasia. In this circumstance, it can be demonstrated that the permission given should be free of any sense of obligation, i.e., the decision to utilize Euthanasia was an example of unconstrained self-determination. This is the most widely accepted form of euthanasia on a global scale.

● Involuntary Euthanasia: Involuntary euthanasia is euthanasia that occurs against a person’s will and is frequently seen as murder. As a result, involuntary euthanasia happens when the patient has refused to consent to the surgery and is an unwilling participant. During World War II, Nazi Germany carried out similar executions in gas chambers involving physically disabled or mentally handicapped persons. It appears to be immoral and brutal.

● Non-Voluntary Euthanasia: It refers to the death of someone who is not psychologically capable of making an informed death request, such as a comatose patient. The patient has not left a living will or provided any prior directives in non-voluntary euthanasia because he may not have had the opportunity to do so or may not have foreseen any such catastrophe or scenario. Family members are frequently the ones who make the choice in circumstances of non-voluntary euthanasia. This includes cases where a person is in a coma/ too young/ absent-minded/ mentally challenged/ severely brain-damaged.

● Active Euthanasia: The act of intentionally reducing one’s life is known as ‘active’ Euthanasia. Active Euthanasia is the practice of putting people to death without suffering for compassionate reasons, such as when a doctor gives a patient a deadly amount of medicine. In this instance, a person cannot inflict his own death and must rely on the assistance of someone else to administer a lethal prescription. Active euthanasia is banned in India and is a crime under sec. 302 of Indian Penal ode, 1860 or at the very least section 304 of the Indian Penal Code, 1860.

● Passive Euthanasia: Postponing medical care in order to prolong life, such as withholding antibiotics when a patient is likely to die if they are not provided, or removing the heart-lung machine from a coma patient, are examples of passive euthanasia. Passive Euthanasia is the purposeful absence of a life-prolonging act. It entails failing to take action to avoid death, such as when a doctor refuses to use a device that would keep a terminally sick patient or a patient in a persistent vegetative condition alive. In India, passive euthanasia is the sole legal manner to administer euthanasia. The physicians are not intentionally murdering somebody in “passive euthanasia,” they are just not rescuing him.

JUDICIAL VIEW OF EUTHANASIA

The subject of whether or not to allow a person to die has been debated by Indian courts on several occasions. State v Sanjay Kumar² was the first case in which such an issue was raised before an Indian court. The Indian Penal Code, 1860, Section 309, is outdated and unfit for Indian society.

In Maruti S. Dubal v State of Maharashtra³, the Bombay High Court found Section 309 to be unconstitutional because it violated Article 21 of the Indian Constitution’s right to life, whereas the Andhra Pradesh High Court found Section 309 to be constitutionally valid in Chhena Jagadesswer v State of Andhra Pradesh⁴. The Bombay High Court observed in Naresh Marotrao Sakhre’s⁵ case that suicide is, by its very nature, an act of self-killing or self-destruction, an act of ending one’s own life without the help or support of any other human agent. On the other hand, euthanasia, often known as mercy killing, refers to and implies the use of another human agency to end a person’s life. As a result, mercy killing is not the same as suicide. Both legally and factually, the two notions are separate. Whatever the circumstances, euthanasia or mercy killing is nothing more than homicide.

The Supreme Court declared Provision 309 of the Indian Penal Code to be legally legitimate in Gian Kaur v. the State of Punjab⁶, however in the current situation, even though this section is constitutional, it is time for the Indian government to repeal it because it is outdated.

196^th REPORT OF LAW COMMISSION

The Law Commission of India’s 196th report went into great detail on the subject. The main question before the Law Commission was whether or not terminally sick individuals should be denied or denied medical treatment (including artificial nourishment and hydration).

The Law Commission addressed a number of issues, including who are competent and incompetent patients, what constitutes an informed decision, what constitutes a patient’s best interests, and whether patients, their relatives, or doctors can petition a court of law for a declaration that a doctor’s act or omission, or a proposed act or omission, is lawful, and, if so, whether such a decision will be binding on the parties and doctors in future civil and criminal proceedings. The Law Commission suggested enacting legislation to safeguard terminally ill individuals who refuse medical care, such as artificial nourishment and hydration.

The Law Commission further stated that, while medical practitioners will contact the patients’ parents or close relatives, it is the doctor’s right to make a clinical choice based on professional medical opinion and the doctor’s decision should be based on the Medical Council of India’s norms. The treating physician was not given the option of selecting an expert of his own choosing.

CONCLUSION

Euthanasia is an intensely stressful and sensitive topic that sometimes leads to disagreements and misconceptions. Given its wide use in the media and scholarly research, it lacks a consistent set of ideas and meanings. Euthanasia dialogues are frequently ill-informed and ineffective, resulting in more frustration than answers. The debate over good death is an existential, emotionally charged, and ethically controversial discourse that will almost certainly continue to be a severe social and legal burden.

The crux of the problem is that individual autonomy and rights must be fostered in order for an individual to make decisions about his or her own life and death, but the right to life must be vigorously safeguarded. Suicide has become criminal in general as a result of the Gian Kaur case, but euthanasia has not. In Aruna Ramchandra Shanbaug v. Union of India, our Supreme Court has recognized passive euthanasia, stating that while passive euthanasia is admissible under the law in rare situations, active euthanasia is not. When legislation on the subject is drafted to avoid euthanasia malpractices and misuse, the suggestions made in the Law Commission of India’s Reports and the directions offered in the Aruna case must be taken into account. Furthermore, if the aforementioned proposals are adopted, the risks of euthanasia being misused would be considerably decreased.

Aside from religious and moral considerations, the ideas of life and death have been altered as a result of the expansion and development of science and technology. Medical science has advanced to the point that it is now possible to prolong both life and death. This knowledge makes it possible to prevent death in those who are in excruciating agony to a substantial extent.

CITATIONS:

1. Brody Baruch, Life and Death Decision Making, NewYork: Oxford University Press, 1988.
2. 1985 Cr.L.J.931
3. 1987 Cr.L.J.743
4. 1988 Cr.L.J.549
5. Naresh Marotrao Sakhre v. UoI; 1995 Cr.L.J.95 (Bomb)
6. 1996(2) SCC 648; AIR 1996 SC 946

This article is written by Sanskar Garg of the School of Law, Devi Ahilya University, Indore.

About the Company

Harish has over 11 years of experience and has advised and represented clients before various Courts and Tribunals, including the High Courts of Delhi, Uttarakhand, Punjab, and Haryana/ Allahabad, the Central Administrative Tribunal, the National Green Tribunal, the National Consumer Disputes Redressal Commission, and the District Courts of the National Capital Region. Harish has also counseled and handled clients in civil, criminal, service, divorce, and constitutional law disputes. Harish has worked in Ms. Geeta Luthra’s Chambers and Kred-Jure Advocates & Legal Consultants in New Delhi.

About the Responsibilities

Associate Advocates are needed by Adv. Harish Malik’s Chambers. Any legal graduate who is a member of the Bar Council and is eager to learn and work at the Supreme Court. High Courts, Tribunals, and District Courts all have opportunities to advance in their legal careers.

Location

D-118,New Delhi-110048,Defence Colony

Eligibility

• Experience of 0-3
• Procedural laws must be well-understood.
• Understanding of the most important search engines is essential.

How to Apply?

Interested candidates may apply from here:-  malik.harish01@gmail.com

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COURTROOM: The Law Society of Centre for Legal Studies (CLS), Gitarattan International Business School, Rohini, Delhi is organizing its 1st edition of Law Fiesta, “JUSTITIA”: The Virtual Lex Fiesta 2021 from 26th to 29th October 2021 in collaboration with District Legal Services Authority-North , Think India, ANZ LAWZ, Pratham. Being a post-pandemic activity, this year, the competition has been designed for all the students pursuing law courses at different University / Institute / College approved by Bar Council of India, on virtual mode.

The events in the fiesta are designed in such a way that different facts of learning are highlighted, and it will be an ecstasy to discover the talent amongst the students. The following events will take place:

1.       Mediation Competition

2.       Debate Competition

3.       Law Olympiad

4.       Youth Parliament

It brings together students from different Law schools of the country to compete in a fast-paced and challenging professional environment. It aims at giving exposure to law students on important issues arising in contemporary socio-economic and legal environment.

·         The Mediation winners will be awarded Cash Prizes worth Rs. 12,000/- along with certificates.

·         The Debate winners will be awarded Cash Prizes worth Rs. 12,000/- along with certificates and internship to the Best team.

·         The Law Olympiad winners will be awarded Cash Prizes worth Rs. 2500/- along with certificates.

·          The Youth Parliament winners will be awarded Cash Prizes worth Rs. 12,000/- along with certificates and internship to the winners.

“JUSTITIA”: The Virtual Lex Fiesta 2021 Brochure, carrying Rules and Registration and other required details is attached herewith. 

Please send your mail correspondence to justitia@gitarattan.edu.in

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Easy Trip Planners Limited

Job profile: senior executive

Jd: litigation management in e-commerce/travel facilitator company, sec. 138, ni act, recovery suits, consumer litigation.

Work comprises of communication and collaboration with external counsels. Appearing alongside the external counsel before district court of Karkardooma mostly.

Criteria:

min 1.5 years of experience in district court litigation.

fluency in English and Hindi

Candidate should be able to take things up independently and should be well versed with all district court procedures.

Candidate shall be required to correspond and coordinate with several departments of the organisation with relation to the day to day cases and in order to produce relevant documentation and input for the external counsels.

Updating legal mis, should ideally be comfortable with excel sheets.

Coordinating with the department clerk with regard to pfrc, filing etc.

Remuneration:

negotiable as per resume and how the interview goes.

How to Apply?

Email at Nandininagar8@gmail.com

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About us

S W A N & Associates is a chartered accountancy firm based out of Bangalore. The above position would be a permanent one. Candidates having relevant experience will be provided juniors to support in the assignments.

Knowledge Required

a) Accounting/bookkeeping, preparation of financial statements, budgets, forecasting, etc;

b) Income-tax compliances such as advance tax calculations, TDS return filing, submission of forms for foreign remittance, income-tax return filing for individuals and corporates;

b) GST compliances such as monthly/quarterly returns and annual compliances; and

c) Corporate law compliances.

How to Apply?

The above compliances would be for companies and other forms of entities. Kindly share your resume to sandeep@swan-a.com.

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About RLI

The Rajasthali Law Institute “RLI” is a leading provider of training and technical assistance in Rajasthan judicial Services , and other aspects of international relations.Rajasthali Law Institute is an independent, non-political, non-profit educational institute serving a global constituency. More than 30,000 participants, have been trained by Rajasthali Law Institute and its global affiliates. Rajasthali Law Institute also provides technical expertise to developing nations in the drafting of laws and the designing of their economic and government policies, in efforts to further support and promote good and efficient governance through the rule of law.
Rajasthali Law Institute believes that economic growth and effective governance is achieved through a sound legal infrastructure. Rajasthali Law Institute mission is to raise the levels of professional competence and capacity in all nations so that professionals may achieve practical solutions to common problems in ways that suit their nations’ own needs. Economic growth and social stability is achieved through the right combination of enlightened policies, capable administration, and an active private sector. The process includes developing a transparent, efficient, and stable legal system; sound financial institutions; and a core of trained, able individuals in various professions. The institutions that matter – good government, stable legal and judicial systems, transparent procurement policies and functioning capital markets – are fundamental, but ultimately they are only as effective as the people who create and manage them. Through its commitment to fostering prosperity around the globe, Rajasthali Law Institute has been providing professional training and technical assistance to the individual.

Roles and Responsibilities:

1. Front office roles
2. POC to Admission Queries for various courses we offer
3. Students and Staff record maintenance

Salary Range: 10-15K per month

How to Apply?

Kindly drop your CV here or on WhatsApp at 8619870094

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Job description

At EY, you will have the chance to build a career as unique as you are, with the global scale, support, inclusive culture and technology to become the best version of you. And we are counting on your unique voice and perspective to help EY become even better too. Join us and build an exceptional experience for yourself, and a better working world for all.

Associate – Contract Drafting

The CLM team provides end-to-end assistance on all types of commercial contracting to the legal and business teams of large MNCs and law firms. The Pre-execution arm (or Drafting team) is set up to function as an extension of the in-house legal team and assist the contracting process from the point business requests a contract, to when the contract is approved and signed. We review and negotiate transactional contracts based on our client’s organizational policies and guidelines, get the necessary approval and get the contracts signed. Complexity or deal value are not a bar in any sense for us – we provide these services for contracts ranging from bespoke and complex to more standardized or even related administrative work. Our Post-execution arm (or Abstraction team) support the due diligence of transactions contract through abstraction, summarization and risk analysis. This is critical to clients in M&A situations or to get an insight into their risk profile or just to ensure better day-to-day business operations. We also work in collaboration with various client stakeholders and key decision makers to operationalize legal functions for large MNCs through automation and process engineering.

The opportunity

We work with clients across industries and business lines that cover direct procurement, indirect procurement, sales and other ancillary functions

Your key responsibilities

• Perform First Line Review of contracts, e.g. Patent License Agreements, IT Procurement Agreements, Web Hosting Agreements, Confidentiality Agreements, Software and Data License Agreements, Non-Disclosure Agreements, Vendor Services Agreements, Master Services Agreements, Statements of Work, Purchase and License Agreements, Sponsor Research Agreements, Inter Institutional Agreements, Supply and Distribution Agreements, Staffing, Consulting and Teaming Agreements, Lease Agreements, Estoppels and SNDAA and other commercial contracts.
• Assist senior team members in negotiating contracts for our clients from various sectors  such as Banking, Telecom, Healthcare, Aerospace, Heavy Industries, Manufacturing Companies, Finance Company, Human Resource Solutions and IT Services Industry, Universities, Film Production House, Global Web hosting Company, Power Management Company etc.
• Contribute towards the creation of project playbooks and other knowledge tools to successfully meet client expectations.
• Draft responses to parties’ stand to ensure conformity to client specifications to ensure best representation of client requirements in agreements to be reviewed by senior.
•  Accompany Senior for client/customer negotiation calls and prepare call notes.
•  Act as a team player while working with a team of lawyers within the organization as well as the clients’ legal representatives and business team on projects involving the agreements described above.
• Provide professional, timely, and prompt service and responses to the Delivery Managers so that they can support the client contact and the sales team 
• Attend and participate actively in mandatory and non- mandatory training and certification courses.
• Confirm to deadlines on client deliverables without delays and renegotiate deadlines (when necessary) well in advance of the originally scheduled deadline; escalate client issues promptly and appropriately; consistently complete real time client call notes.
• Associates are lawyers who understand the basic contractual and legal concepts, and are able to interpret, and review the contracts. They are also expected to have good verbal and written communication skills.  Associates typically comprise the first stage of the contract review process.

Responsibilities, Qualifications, Certifications – External

Skills and attributes for success

• Good analytical & logical skills.
• Knowledge of English/Grammar enabling efficient comprehension of clients’ documents, codes, abstracts and other deliverables
• Good written and verbal communication skills
•  Attention to detail
• Must be computer savvy and able to learn and adapt to different client respective processes in order to be able to function smoothly and integrate with the client’s system.
• Responsiveness – Sensitive to client deadlines
• Team Player – Ability to co-operate and work as a team member and encourage colleagues, maintains positive attitude, contributing to team morale

To qualify for the role, you must have

• Bachelors/Master’s degree and Law degree (LLB or LLM) from accredited, reputable institutions
• Attorney with 0-2 years of relevant contract review, redlining and negotiation experience (preferably in a multinational corporation, in-house legal team or law firm handling similar work)

Ideally, you’ll also have

• Contract Lifecycle Management technology is attractive, but not essential.

What we look for 

• We look for candidates with proven capabilities in driving multiple projects, with exception client management and project management experience

What we offer

EY Global Delivery Services (GDS) is a dynamic and truly global delivery network. We work across six locations – Argentina, China, India, the Philippines, Poland and the UK – and with teams from all EY service lines, geographies and sectors, playing a vital role in the delivery of the EY growth strategy. From accountants to coders to advisory consultants, we offer a wide variety of fulfilling career opportunities that span all business disciplines. In GDS, you will collaborate with EY teams on exciting projects and work with well-known brands from across the globe. We’ll introduce you to an ever-expanding ecosystem of people, learning, skills and insights that will stay with you throughout your career.

• Continuous learning: You’ll develop the mindset and skills to navigate whatever comes next.
• Success, as defined by you: We’ll provide the tools and flexibility, so you can make a meaningful impact, your way.
• Transformative leadership: We’ll give you the insights, coaching and confidence to be the leader the world needs.
• Diverse and inclusive culture: You’ll be embraced for who you are and empowered to use your voice to help others find theirs.

How to Apply?

Click here to apply

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