Women to face heat of Domestic Violence Act

A long pending controversy in the area of interpretation of Domestic Violence Act has been settled by the Supreme Court recently. Proceedings under Protection of Women from Domestic Violence Act can be initiated against women, ruled the Apex court.

Ever since the act came into force, a controversy was lingering whether female relatives of the male partner of the aggrieved women can be arrayed as respondents in a petition under the Act. Definition of 'Respondent' was couched in such a language that it had given room for debate in the legal circle.

Considering the definition of the word 'respondent' in Sec.2(q) of the Act, the court noted that the legislator never intended to exclude women as respondents from the ambit of the act. Though definition include only male partner as the respondent, proviso to the definition widens the scope and brings into its sweep women also as respondents, noted the court.

Reported by : Lahari Communique, legal magazine

No mercy killing: Supreme Court

              The Supreme Court of Indian i a historic judgement on 7th March rejected a petition seeking administration of    euthanasia to Aruna Shanbaug, who has been in a "persistent Vegetative State" for the past 37 years after being sexually assaulted by a hospital ward boy.
         
              A bench of the Supreme court upheld Attorney General, Vahanvati's opposition to right to die, who had termed it as "Cruel, inhuman and intolerable" and as something unknown to Indian law. " Sahanbaug has the right to live in her present state. The State that she presently is does not justify terminating her life by withdrawing hydra on/food/medical support. such acts or omissions will be cruel, inhuman and intolerable", argued Vahanvati. The union of India had taken a stand that "right to die" is not included in "right to life"- guaranteed by Article 21 of Constitution.

               The Bench observed that active euthanasia is illegal as there is no statutory provision to support it. But it permitted passive euthanasia subject to declaration by a High court to this effect.

                Active euthanasia is a state where a patient is given a lethal injection to bring him to death, whild passive euthanasia involves withdrawing the life support system from a patient.

                The bench laid down conditions for grant of permission to passive euthanasia. It said the high court will front ts approval after getting the opinion of there eminent doctors and hearing the government and the close relatives of the terminally ill patient sought to be put under passive euthanasia.

                The Bench rejected the petition also on the ground of locus standi. The petitioner cannot claim to be as close and attached to Aruna as King Edward Memorial Hospital staff and nurses. the bench opened and lauded the hospital for keeping Aruna in good health.

                 It may recollected that the Law Commission in its 196th report had recommended withdrawal of Medical treatment to terminally ill patients; it had not been accepted by the Government


Reprted by : Lahari Communique, legal journal
             

Educate children

In India most of children are dropouts from school for only reason poverty and problem of awareness to the parents. Article 21 of our constitution speaks about education is fundamental right. Every child has a right of education. Right of education is came as fundamental right in 2002 by amendment. In 2009 new Act has came into force in India. under the said act all the education institutions has liable to give free education to every child who is under the age of 14 years. It is the fundamental duty of all institution and also it is the fundamental duty of parents of every child under the age of 14 years.

Help to educate every child and shine their bright future