IF YOU COULD LEGALLY CHOOSE TO DIE

If not all of us remember Aruna Shanbaug’s case, a fair proportion would certainly recall the Hrithik-Aishwarya starrer Bollywood movie Guzarish that spoke of the same issue in a backdrop of romance – the right of a terminally ill person to choose a dignified death. Public opinion has always been divided on the topic, and nothing with any semblance of a consensus could be reached despite continuous debates and discussions. A fair portion of the population accepts and supports a person’s right to choose to die, while another part of the majority speaks against it for reasons of religion, chances of abuse, morality and ethics. The matter came up before the Supreme Court in the case of Aruna Shanbaug in 2011, wherein the Court laid down detailed guidelines on passive euthanasia, while accepting to some extent that in some scenarios death is more dignified than an artificially prolonged life.

While the idea of active euthanasia seems too far a prospect for the Indian social scenario, the Supreme Court has recently indicated that it might recognize the execution of ‘living will’ in cases of passive euthanasia, as right to die peacefully is part of fundamental right to life under Article 21 of the Constitution. The matter came up in the case of a petition submitted by a terminally ill patient before the Court, and the verdict has been reserved by a five-judge Bench comprising of J. Dipak Mishra, which will play a major role in redefining the bounds of Right to Life. The verdict would have ripples of effect on social and legal angles, with a large majority of terminally ill people being given a chance at ending the pain; while the scope of right to life would be broadened further to include the Right to Die. The IPC still considers it an offence to attempt to commit suicide, but the recognition of living will to opt for passive euthanasia will afford some power to people to decide on their life or death. The risk of potential misuse of living will still persists especially in the case of mentally unstable persons and elderly people, who may be falsely induced into writing one, by unscrupulous kin who are to benefit from the death of the concerned person. A living will is a written document that allows a patient to give explicit instructions in advance about the medical treatment to be administered when he or she is terminally ill or no longer able to express informed consent. In effect, it allows a person to state that he must not be put on life-support or medication if he is found terminally ill or in comatose stage, thus speeding up the natural course of death without actively administering any lethal drug.

The Govt. which contested the matter took a stand against the acceptance of living will, expressing their concern on potential abuse of the provision, but the Court stated that “Right to Life does not mean right to die but a dignified life would certainly include right to die with dignity”. The Court would certainly not compromise on ensuring that all safeguards are in place to prevent possible abuse, even if the concept of living will is accepted in the verdict. The requirement under the previously set Guidelines regarding the declaration of a Medical Board in respect to irreversible comatose state of the person will be kept as a pre-requisite before the living will comes into consideration.

The Court’s verdict will undoubtedly have long-reaching effects, and it is expected to be in consonance with the landmark privacy decision that was pronounced by the Court recently, declaring privacy as a fundamental right. It is pertinent to note that the decision to choose dignified death over a prolonged life of pain and suffering could also be brought under the ambit of privacy.

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RAPE OF MINOR WIFE NO MORE CONDONED

RapeAbuseThe Supreme Court has finally decided that rape of a minor cannot be condoned for the mere reason that the girl was married to the man who had intercourse with her. As bizarre as the act sounds, it was so far exempted under the IPC S.375 Exception 2, and the liberty that was afforded to husbands of minor girls to have forcible sex under the pretext of marital intercourse is no more valid. This While marital rape itself is not “rape” under Indian law, and while child marriages are illegal; the impugned provision of the IPC granted liberty to the husband of a married minor girl to force her into intercourse irrespective of her consent, and still not be booked under ‘rape’. This anomaly created a grey area in the law of rape with respect to varying contexts and circumstances – consensual sexual intercourse with a minor is “rape” under the law; and child marriage is a punishable offence; but marital rape itself is not Rape; and if a man is married to minor girl, his forcible intercourse with her is exempted from being ‘rape’ just for this reason. This unfair and unjust provision was struck down by the Court in a landmark decision yesterday, wherein the Exception 2 to S.375 was taken down so that marriage to a minor does not give a silent consent to men to force their minor wives into intercourse. The Exception that now stands removed had caused anomaly in the question of forced sex by husband with married girls between 15-18 years, since the lower limit stated in the Exception was 15years of age, while the age of minority in S.375 itself is 18. The POCSO Act, on the other hand, does not differentiate victims on the arbitrary basis of marriage. The Court’s verdict ended the decades-old disparity between Exception 2 to Section 375 IPC and other child protection laws.

The decision was delivered by Bench of Justices Madan B. Lokur and Deepak Gupta, who stated that “a child remains a child whether she is a married child or an unmarried child or a divorced child or a separated or widowed child.” The move is laudable as it goes a long way to ensure protection of children, minimizing exploitation, and would have a great effect on curbing child marriages as well. The Court also stated that the provision “created an unnecessary and artificial distinction between a married girl child and an unmarried girl child” and “took away the right of a girl child to bodily integrity and reproductive choice”.

One major question that is still left unanswered is the issue of marital rape, as the Court refused to comment on the matter of forced sexual intercourse by husbands with wives above 18 years.

Cheque Bounce Lawyers in Bangalore and Recovery of Cheques Bounced

In the event that you have a Cheque issued by an indebted person that has bounced or has been disrespected, or somebody has issued a cheque bounce case against you, or you have gotten court summons for a 138 NI (Negotiable Instruments Act) objection against you, utilize Legal resolved to locate the first-class cheque bounce legal counselor in Bangalore for your requirements.

The Indian Courts are smashed with cheque Bounce cases archived under Section 138 of the Negotiable Instruments Act, 1881. Regardless, an extensive number of such cases are recorded on false grounds to coerce money from someone, or out of individual sentiments of contempt to rebuke some person’s photo.

Legal Resolved gives you a chance to enlist a specialist Lawyer to help Individuals who are reproved incorrectly in a cheque bounce case, extremely, end up paying money as they don’t have the pertinent learning of the honest to goodness course to take if a false cheque bounce collection of confirmation is archived against them. This is the thing that you can do if a false cheque bounce assortment of confirmation is recorded against you:

A cheque is said to be bounced when it is displayed for installment to a bank however it isn’t paid as a result of some reason or the other. The accompanying can be the explanations behind bouncing of a cheque in India:

  • Mark isn’t coordinating.
  • There is overwriting in the cheque.
  • Cheque was displayed after slip by of three months, i.e. after the check has lapsed.
  • Record was shut.
  • Lacking assets in the record.
  • Installment halted by the record holder.
  • Opening dissimilarity deficient.
  • Difference in the words and figures said on the cheque.
  • In the event that the check is issued by an organization, the same does not hold up under the seal of the organization.
  • Confound in account number.
  • In the event of shared service where the two marks are required, just a single sign is there.
  • Passing of the client.
  • Indebtedness of the client.
  • Madness of the client.
  • On the request of the garnishee.
  • Crossed check.
  • At the point when a check is issued against the tenets of trust.
  • Adjustment under tight restraints.
  • Uncertainty in validity of the cheque.
  • Displayed at the wrong branch.
  • Intersection point of confinement of overdraft (OD)

 

  • For broad interest will require :

 

  1. The enrollment papers of the prescribed gathering with each of the commitments and liabilities of people.

 

  1. Follow up on which depends your grievances and issues you defied a while later.

 

  1. Individual components of the people including the individual who is missing.

 

  1. Cheque refined components.

 

  • Statutory Law References
  • Section 138 of Negotiable Instruments Act, 1881
  • Section 141 of the Negotiable Instrument Act,1881
  • 81 A to the Negotiable Instruments Act, 1881
  • Indian Contract Act, Sec 17
  • Foreign Exchange Management Act, 1999 (FEMA)
  • Section 30 of the Indian Contract Act

 

  • Landmark Judgments
  • Dashrath Roopsingh Rathod v. Stae of Maharashtra & Anr.
  • Bhaskaran v. Sankaran Vidhyan Balan, (1999) 7 SCC 510
  • Shri Ishar Alloy Steels Ltd. v. Jayaswals Neco Ltd., (2001) 3 SCC 609
  • Harman Electronics Pvt.Ltd. v. National Panasonic India Pvt. Ltd.

 

  • Important Do(s) and Don’t(s)
  • A delay in documenting the grievance after the slip by of 30 days might be pardoned by the officer just in remarkable conditions.
  • Shame of a cheque because of stop installment is additionally secured under Section 138 of the NI Act.
  • A cheque issued as a blessing/gift/some other commitment, won’t be secured under Section 138 of the Act. For this area to apply, the cheque needs to convey a legitimate commitment.
  • A cheque lapses following three months.

How to Find Cheque Bounce Lawyers in Bangalore

Legal Resolved to enable you to interface with Top Cheque Bounce Lawyers in Bangalore for a lawful interview, drafting and common or criminal prosecution. Legal advisors enrolled on the Legal Resolved platform practice crosswise over locale courts, high courts, Supreme Court and different tribunals. Picking a legal counselor can confuse, you can limit your chase in light of meeting charge, area or practice regions and locate the correct legal counselor for you.

The Indian Courts are crushed with cheque Bounce cases documented under Section 138 of the Negotiable Instruments Act, 1881. In any case, an expansive number of such cases are recorded on false grounds to blackmail cash from somebody, or out of individual feelings of resentment to censure somebody’s picture.

Legal Resolved lets you hire an expert Lawyer to help Individuals who are denounced erroneously in a cheque bounce case, dreadfully, wind up paying cash as they do not have the applicable learning of the legitimate course to take if a false cheque bounce body of evidence is documented against them. This is what you can do if a false cheque bounce body of evidence is recorded against you:

Top Lawyers in Bangalore Keep a duplicate of significant archives: Firstly, safety measure is superior to cure! Keep a duplicate of all the applicable reports that demonstrate that an exchange has been made through a cheque you issued. The installment receipt, duplicate of a cheque, and so forth are a portion of the records that you can keep as a proof of installment.

Legal resolve d’s expert Lawyers do Contact your bank: When you get data with respect to cheque bounce from the check carrier, contact your bank quickly to get data whether the cheque has even bounced in any case or not. In the event that the cheque has really bounced the bank will inform you about the disrespecting of the cheque and the motivation behind why it bounced.

Expert Check Bounce Lawyers file a counter case: If the individual records a cheque bounce case, you can document an answer to the case through a check bounce legal advisor. You can likewise document a counter-argument against the individual for recording a false cheque bounce body of evidence against you. You can document a corporate case to guarantee pay and criminal body of evidence against the individual.

It is conceivable to maintain a strategic distance from the superfluous legitimate bother of a false cheque bounce case by counseling an accomplished check bounce legal advisor at Legal Resolved who can manage you about the right move to make at the correct stage, before it’s past the point of no return.

Legal Resolved has a group full of Cheque bounce expert Lawyers who specifically deal with cheque Bounce cases and issues related to cheque dishonor cases. We Provide the Best Lawyers so that remedy is served to individual in an easy and professional manner.

MTP ACT-THE NEED TO AMEND

12th Aug - MTP ACT-THE NEED TO AMENDAbortion laws in India are contained in the Medical Termination of Pregnancy Act, 1971, and the provisions in relation to the procedure are governed by the Act. The Act has been widely requested to be amended owing to the changed medical and social circumstances, but the Amendment Act has been pending since 2014, while many aggrieved women have been forced to approach the courts to seek remedies that are not available in the written laws.

THE MEDICAL TERMINATION OF PREGNANCY ACT

The Act lays down situations where a pregnancy may be terminated, and the conditions to be met thereunder. Termination is permitted if the continuance of the pregnancy would involve a risk to the life of the pregnant woman or of grave injury physical or mental health; or if there is a substantial risk that if the child is born, it would suffer from such physical or mental abnormalities, but categorization of the level of medical judgment required is done on the basis of gestation period completed:

  • Up to 12 weeks – One Medical Practitioner
  • 12-20 weeks – Atleast two Medical Practitioners

The anguish caused by a pregnancy arising from rape is regarded as a grave injury to the mental health; and similarly a pregnancy arising from the failure of protection or contraceptives in a married couple will be regarded as grave mental injury.

In case of minors or lunatics, the written consent of guardian is essential to terminate the pregnancy; but the specific requirements relating to the length of pregnancy do not apply where the Medical Practitioner has formed an opinion in good faith that the termination of such pregnancy is immediately necessary to save the life of the pregnant woman.

 

THE AMENDMENT BILL OF 2014

The Amendment Bill that has been pending for the past 3 years purports to introduce certain changes in the provisions of the Act:

  • To substitute “Registered Medical Practitioner” with “Registered Healthcare Provider’ in the long title of the Act.
  • The ambit is widened to include Homeopathic practitioners, Unani, Sidhha, and Ayurveda; or nurse or auxiliary nurse midwife who possesses an authorized registration under their respective category.
  • 3 pertaining to the conditions to terminate pregnancy to be modified in favor of women and their will; up to 12 weeks of gestation, MTP may be conducted upon request of the woman.
  • MTP allowed upto 24 weeks instead of 20.
  • 5A to be introduced, to protect privacy of the woman.

THE NEED OF THE HOUR

With the incidents of rape victims becoming pregnant, unwanted pregnancies and unprotected intercourse on the rise, it is expedient for the Govt to take up steps to ensure reproductive health of women. The data from the Sample Registration System (2001-03) under the Registrar General of India, unsafe abortions contribute to about 8% of the total abortions happening in the country. The reasons for this are multifold, with women attempting to gain some amount of autonomy in deciding whether or not they want the baby, and the law continuing with the shackles it has placed on the freedom to decide. Apart from affording women a rightful opportunity to decide on the same, the law also needs to consider rape victims and child sexual abuse victims, who may be left helpless after 20 weeks of pregnancy. The current scenario requires such aggrieved victims to approach the Courts of law to interpret the clauses in a wide manner so as to accommodate their anguish in the terms “grave injury to her physical and mental health”.

In May, the Rohtak Court had granted permission to a 10-year old child to terminate her 18-22 weeks old foetus; while a similar matter is currently under the consideration of the Supreme Court. (Refer News item posted on the same).

Relevant Case Laws (INDIAN KANOON)

  • X and Ors. v. Union of India and Ors.
  • Meera Santosh Pal v Union of India

COMPENSATION TO STATES UNDER GST

10th Aug - COMPENSATION TO STATES UNDER GSTThe implementation of GST as the sole indirect tax in place of the earlier multiple taxation legislations has reasonably raised a probability of States losing a part of their revenue from tax, in response to which the Centre has enacted the Compensation to States Act[i] along with the principal Acts of GST.[ii] Here we analyze the provisions relating to the said Act, to get a brief picture of how the scheme will be put to effect.

The Act intends to provide for compensation to the States for the loss of revenue arising on account of implementation of the goods and services tax. For the purposes of calculation and determination of the compensation amount, the Base year revenue of the State is calculated in accordance with the Act. The base year revenue for a State is the sum of the revenue collected by the State and the local bodies during the base year, on account of the taxes levied by the respective State or Union net of refunds with respect to the taxes subsumed into GST such as VAT, Sales tax, Purchase Tax, entry tax, octroi, local body tax, etc. The projected revenue for any year in a State is to be calculated by applying the projected growth rate over the base year revenue of that State, and the projected growth rate has been fixed at 14%.

Compensation under the Act is payable to any State during the transition period, and the calculation and release is to be done at the end of every two months, and an annual final calculation is made at the end of every financial year by the CAG. Any excess amount released to any State during a financial year will be adjusted against the compensation in the subsequent financial year.

The manner of calculation of the loss of revenue is also elaborated as:

  • The projected revenue that could have been earned by the State in absence of the goods and services tax till the end of the relevant two months period of the respective financial year shall be calculated on a pro-rata basis as a percentage of the total projected revenue for any financial year during the transition period[iii].
  • The actual revenue collected by a State till the end of relevant two months period in any financial year during the transition period will be the actual revenue from State tax collected by the State, net of refunds given by the State; the integrated goods and services tax apportioned to that State, as certified by the Principal Chief Controller of Accounts of the Central Board of Excise and Customs; and any collection of taxes levied by the said State, under the Acts specified in sub-section (4) of section 5, net of refund of such taxes[iv].
  • The provisional compensation payable to any State at the end of the relevant two months period in any financial year shall be the difference between the projected revenue till the end of the relevant period and the actual revenue collected by a State in the said period reduced by the provisional compensation paid to a State till the end of the previous two months period in the said financial year during the transition period[v].

In case no compensation is due to be released in any financial year, or any excess amount has been released to a State in the previous year, the State is bound to refund the same to the Centre. Every taxable person making a taxable supply of goods or services or both is bound the pay the Cess and furnish Returns to the Authorities as required. The Cess amounts collected under the Act is to be deposited into the Goods and Services Tax Compensation Fund, which is a part of the public account of India, and all the payments of compensations under s. 7 are to be made from this Fund.

INDIAN KANOON

 

[i] THE GOODS AND SERVICES TAX (COMPENSATION TO STATES) ACT, 2017 NO. 15 OF 2017

[ii] CGST Act (No. 12 of 2017), IGST Act (No.13 of 2017), Union Territory Goods and Services Tax Act 2017 (No. 14 of 2017)

[iii] Supra 1, S. 7 (4), (a)

[iv] Ibid, (b)

[v] Ibid, (c)

A MOVE TO CURB HONOUR KILLINGS

9th Aug - A MOVE TO CURB HONOUR KILLINGSIn a move that must set an example to the Govts in other States as well, the Madurai and Salem City Police have formed special cells to protect couples in inter-caste marriages and curb honour killings and hate crimes.

The move came as a response to a HC verdict that came over a year ago in relation to the case of B. Dilip Kumar v Secy. to Govt, Department of Home, wherein the death of the Petitioner’s wife was alleged to be an instance of honour killing and the same was ordered by the Court to be probed by the CBI. The Tamil Nadu Untouchability Eradication Front, an Organization working towards the eradication of caste-based atrocities, had filed a petition in the Madras High Court on the matter, and Directions were passed by the Court to take steps to curb honour killing instances. Though late, the Madurai and Salem City Police have set up a separate cell to deal with matters concerning honour killings, related atrocities, and to ensure protection to couples in inter-caste marriages from threats from their communities. Separate Officers from different Departments within the Police Force have been looped in to receive complaints from couples facing threats/issues and to oversee the supervision of the cell’s functioning.