Pregnancy is the herald of new birth and new life but it is not always a good news for the mother or parents. Sometimes it is unplanned or unwanted. Sometimes it is wrapped up in complications that could be life threatening. So, the Indian Government has listed out some laws related to pregnancy decisions that benefit women because they are the ones who carry the fetus for nine long months and give birth as well.
Child birth is associated with many aspects be it social or financial and an unwanted pregnancy could lead to repercussions of still more serious kind. So, as per section 3(2)b(i) the law mentions these words with respect to pregnancy of a women – ‘grave injury to mental health’. A women owns her body and she has right over it. It emerges from the fundamental rights under article 21 of the Indian Constitution where a woman has every right to live with dignity in the society as a human being. She can terminate her pregnancy under the Pregnancy termination act of 1971. Hence, even a practitioner has to ensure that there is no injury possibility physically or mentally to the pregnant women when terminating the pregnancy.
Termination of pregnancy is a difficult situation for the women and could be the result of considering the growing financial requirements and limitations to sustain the needs of the new born. Also, as per the law, human rights are applicable only on birth and not before that, hence, an unborn fetus does not have the rights to take any decision and only the mother can do so as the pregnancy takes place within her.
The law also indicates the all pregnant women need to be given equal treatment even if they are prisoners. As for prisoner women, they have to be kept under observation as well even if under prison by the medical officer of the prison. Termination of pregnancy by women could be a result of a lot of reasons like working mother, complications, financial issues to name a few. A prisoner needs to be sent to the civil hospital for termination in case she wants to on an immediate basis.
Before talking about the concepts of crime, lets just define crime first. Crime by definition means an act that is capable of being followed by criminal proceedings. Sir William Blackstone defines crime in two ways. One, as an act committed or omitted in violation of public law commanding or forbidding it. Though the definition is limited in the sense that it is only applicable to bulk of criminal law segment that covers political offenses and was modified later. Though the definition of concept of crimes showcases traceable difficulties with respect to the concept, it can still be defined or rather can make sense based on four different frame works.
Social construction is one of them. As culture varies across the length and breadth of the country, it is difficult to create a standard definition of crime as it could vary from culture to culture.
Religious authority is another. Now, there is this huge conflict across religions when it comes to considering something as crime. While it may be a crime in one religion, it may not be in another. Example – women in middle east are not allowed to drive as per the Sharia law of Saudi Arabia. It is considered to be a crime even today, however absurd it may sound in other part of the world. Another example is honor killings and domestic violence which is allowed in certain religions while in certain it is considered as crime as per the basic state law.
Another example is holocaust of Germany wherein Hitler in Nazi Germany ordered a systematic slaughter of the Jewish race, which was not considered a crime then. But today when reviewed, the holocaust is known to be the greatest crime in history of Germany. Even when the trial was carried out only a few officers that were closed associated were held responsible. As for others they were not held responsible as they were only following orders of their seniors and did not commit crimes willingly. This again throws light on the definition of crime and its affects on not only the situation but people involved in the situation.
Thus, as we may see based on the four frameworks explained above including the examples of holocaust, Saudi Sharia law, domestic abuse and honor killings, it can be understood that the definition varies as per time and the ever changing needs of the society. There are more example which can prove that crime as an act is not the same everywhere. For example liquor sale and consumption is a crime in Gujarat but in many other states of India it is not.
Thus, we can clearly see that the definition and concept of crime ranges from individual and personal to historical and social circumstances and hence it is difficult to have one single definition for it.
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Though if one has to wish for something related to court proceedings, one would rather wish of staying away from getting into the same, due to its time and money consuming repute. But, when you have to you have to, there is no way else where or out. So, why not be aware about the court and its hierarchy. The first step here begins at the judicial body, village courts, the district court, going up to the high and finally the supreme court.
Village Courts or Panchayats
Better known as gram, lok or nyay panchayats, these courts are set up at village level to resolve disputes arising in villages or rural areas.
These courts are for the urban populace. People at town or city levels can knock their door to seek justice or resolve their dispute. It has a district judge and is supported by many subordinate courts. Every district does have separate courts for labour and families as well as special courts that deal with narcotic drugs, substances act falling under essential commodities.
Every state has their own high court and its generally situated in the capital of the respective state. Many states also have bench courts which refers to high court branches. In the same way, union territories have high court benches of the nearby state. The high court comes into action only if the lower courts cannot hold a trial due to territorial and pecuniary jurisdiction issues.
This is the highest of all the courts in hierarchy and stands at the top. The powers it has form original advisory jurisdiction and appellate powers. There is also a facility for citizens to directly file a suit with the supreme court in case of fundamental rights violation. At times even the President of India asks advisory jurisdiction for advise on certain issues. Supreme court judgments and laws are to be abide by every court in the hierarchy of India.
Some of us aren’t aware about the difference between tribunals and courts. Tribunals and courts are totally different bodies though they work in parallel and tribunals are not a part of the court hierarchy. Apparently, the hierarchy is forms on the basis of the constitutional structure and the reason behind its formation is to ably handle the mammoth population of the country and its problems and issues in a streamlined manner.
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While marriage is an auspicious and life changing event in one’s life, divorce is also life changing but heartbreaking. India is one country where most of the females change their surnames to that of their spouses post marriage. They even change it in their identity document like Voters ID, Pan card, Aadhar Card and more. Though, it is not mandatory to do so for a female and is done as a gesture of companionship, doing it and undoing it post a divorce is a matter of choice and involves a systematic legal procedure. Here is a sneak peek into the procedure to change name post a marriage and a divorce.
As a proof of your marriage you need to submit the marriage certificate along with the application to state government gazette office. You can get the form from the office or the online website of State government. It is chargeable and post verification of the proof attached, your name change appears in the published gazette. Copies of the same are couriered to you and you may use them as a legal proof. You also have to publish the name change news in the local newspapers, English and local language preferably.
Post divorce if you want to retain your earlier identity, you will have to apply for the same with a divorce order copy.
In India there is freedom of having any name of your choice and changing it while following legal procedures. You can not only change your name, surname, but a female can use two surnames as well one her maternal and one post marriage together as well. Furthermore, you can even change the surname of your child post divorce unless your husband approves of it.
Having said that, due care has to be taken to ensure the name change is applicable in all the legal and official documents.
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Many brands and companies protect their products with copyright, trademark or other intellectual property rights, the recent one being the Taj Mahal hotels. It is now protected with Trademark under private construction category. But, many of us are not aware of the twist to the law wherein once the property is sold, wherein the rights that it had prior to the sale are nullified.
Here is a simple example to explain the law. For example a well known company sells house paints. Once the cans of the paint are purchased by customers, used and discarded, there’s this other company that collects to cans, refills them with a low quality of paint and resells them at a much lower rate. Now, the inventor of the paint or the authentic owner faces competition and is likely to come up with attractive offers and discount to fight the competition back as he cannot do anything about it. There are no repercussion on what happens once the product is sold. The patent rights extends only through production, creation, manufacture to sale. Once someone purchases the product, the patent is exhausted.
There has been a lot of misconception or confusion with the law of intellectual property rights and due to the same a lot of infringement cases wherein the exhaustion principle applied to products once they were sold become invalid. The supreme court has even re-explained the whole exhaustion principle in a short format that clearly states that the exhaustion principle is applicable to products that are purchased and resold later. But, they have to get into a contract with the customer under refill to do the same and comes with restrictions like one time use and no resell of container or sharing of the ink container, but to name a few.
To combat this issue many companies have adopted various methods like return policy’s around used products. In case of ink as a product, some companies have gone to the extent of installing a chip to track the location of the refilled ink container.
To fight an infringement case in a way that the outcome is positive the company or person filing the infringement needs to keep the design or the item and prove to the court that the design or the process was stolen, copied or reproduced. A legal counsel needs to be hired to litigate. The claim only proceeds after the litigation is attempted through a legal counsel and shows signs of clear violation of intellectual rights. Otherwise if is against to what the Supreme court has explained and re-explained, the case is rejected.
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