Right to Maintenance Under Criminal Law - A Critical Study

Some study has been made earlier, but no attempt has ever been made to make the study comprehensive and comparative. There exists also no information as to the working of the system. Hence the work is undertaken to provide first hand knowledge of the legal institutions that had handled and now handles annually large masses of deprived and neglected population. An investigation is also necessary to know the legal and social characteristics of the jurisdiction enjoined on the court so that this will help compare the law in the statute with the law and practice. The evaluation of the working system in the changed social atmosphere is also an urgent need of the hour

Child labour in India

This thesis entitled “Child labour in india”Children are "supremely important assets" of the nation, India proudly asserts in the National Policy for Children (1974) gracefully acknowledging that they are future citizens on whose shoulders the destiny of our nation rests.Childhood is a time of discovery as the world and all it contains are new to children. It is a time of excitement and anticipation. lt is a time of dreams and fantasies. And it is a time of receiving love and appreciation. Paradoxically, a picture of contrast is a common experience in India as a vast majority of children who are starved of basic needs of nutrition, health and education are made to work at an early age in exploitative conditions. The specter of child labour is a glaring anomaly in a country graciously adorning human right. In an exposition of the problem involving human rights abuse, Chapters from Two to Five of this study have shot into focus the human rights jurisprudence with special reference to the rights of children. Children have a particular identity as children and they also have a universal identity as human beings.The concern for mankind expressed unequivocally and transcending the globe will be real and moving and not mere rhetoric and ritual if and only when it begins with children, as, to quote the words of Nehru, the human being counts much more as a child than as a grown up.The first three of these rights namely right to health, right to nutritive food and right to education are dealt with in Chapter Four. Finally, the positive effects of education have been sketched in that chapter to impress upon its significance in the development of human capitals.legitimization. The theme of legitimacy was rationalised on the ground of poverty as a strategy for achieving eradication of child labour ultimately by enforcing minimum wages, shorter working hours, leave compensation, non-formal education etc., as the employer would soon discover that child labour is not cheap and would be obliged to substitute adult labour. However, humanising the work life is only a promise to the detriment of children as the Act of 1986 enacted as a part of the new strategy is nearingcompletion of a decade of existence but nowhere near the fulfilment of the mission.As similar urge is more necessary and overdue, it has been suggested that a special body be established with all powers for cognisance of human rights abuse of children.It is proposed to conclude this study with a brief summary of the inferences drawn from the foregoing chapters along with a few suggestions emerging out of those inferences

Surrogacy under Indian Legal System: Legal and Human Rights Concerns

The advancements in medical science and technology have proved to be a boon to mankind. At the same time they have raised numerous challenges before the legal systems of the world. One such advancement is that of assisted human reproductive technologies and particularly surrogacy, which have given a new meaning to the concept of procreation. These technologies have made it possible for individuals to beget a genetically related child with the help of a third party and without sexual intercourse. Among all the assisted human reproductive technologies, the practice of surrogacy, in which women agree to have their bodies used to undergo a pregnancy and give birth to a baby for another, has raised various legal and human right controversies and diverse legal responses all over the world. India has particularly become a top destination for individuals who wish to beget a child through surrogacy and hence it is imperative for the Indian government to address the challenges posed by surrogacy. This study is an attempt to examine the need and importance of surrogacy practices and the conflicting legal and human rights issues raised by surrogacy in contemporary times. It also examines the adequacy of existing legal framework in India and attempts to provide pragmatic solutions for regulating surrogacy and protecting the interests of various stakeholders involved in surrogacy.

Rights of the Prisoner: An Evolving Jurisprudence

Imprisonment is the most common method of punishment resorted to by almost all legal systems.The new theories of crime causation propounded in the latter half of the nineteenth century gave rise to the feeling that the prisons could be used as appropriate institutions for reforming the offenders. It called for individualisation of punishment.As a result of international movements for humanisation of prisons the judiciary' in tine common law countries started taking active interest in prisoner's treatment.Various studies reveal that much has been done in America to improve the lot of prisoners and to treat them as human beings.The courts there have gone to the extent of saying that there is no iron curtain between a prisoner and the constitution. Most of the rights available to citizens except those which they cannot enjoy due to the conditions of incarceration have also been granted to prisoner.In India also the judiciary has come forward to protect the rights of the prisoners.Maneka Gandhi is a turning point in prisoner's rights.The repeated intervention of courts in prison administration project the view that prisoners have been denied the basic human rights.The High Courts and the Supreme Court of India have been gradually exercising jurisdiction ixl assuming prison justice, including improving the quality of food and amenities, payment of wages and appropriate standards of medical care. Access to courts must be made easier to the aggrieved prisoners.The government should come forward along with some public spirited citizens and voluntary organisations to form a "discharged prisoner“ aid society. The society should exploit opportunities for rehabilitation of prisoners after their release.Most of the prison buildings in the State of Kerala are ill-equipped, ill furnished and without proper ventilation or sanitation and with insufficient water supply arrangements.In India prisoners and prisons today are governed by the old central legislations like Prisons Act l894 Prisoners Act 1900 and the Transfer of Prisoners Act 1950.

Human Rights Violations in Police Custody

Human rights are the basic rights of every individual against the state or any other public authority as a member of the human family irrespective of any other consideration. Thus every individual of the society has the inherent right to be treated with dignity in all situations including arrest and keeping in custody by the police. Rights of an individual in police custody are protected basically by the Indian Constitution and by various other laws like Code of Criminal Procedure, Evidence Act, Indian Penal Code and Protection of Human Rights Act. The term `custody' is defined neither in procedural nor in substantive laws. The word custody means protective care. The expression `police custody' as used in sec. 27 of Evidence Act does not necessarily mean formal arrest. In India with special reference to Kerala and evolution and development of the concept of human rights and various kinds of human rights violations in police custody in different stages of history. Human rights activists and various voluntary organisations reveals that there are so many factors contributing towards the causes of violations of human rights by police. Sociological causes like ambivalent outlook of the society with respect to the use of third degree methods by the police, economic causes like meager salary and inadequate living conditions, rampant corruption in police service, unnecessary political interference in the crime investigation, work load of police personnel without any time limit and periodic holidays, unnecessary pressure from superior police officers and the general public for speedy detection causing great mental strain to the investigating officers, defective system of recruitment and training, imperfect system of investigation and lack of public co-operation are some of the factors identified in the field survey towards the causes of violations of human rights in police custody.

Human Resources Development in Higher Education in Kerala

The study is entitled “HUMAN RESOURCES DEVELOPMENT IN HIGHER EDUCATION IN KERALA”. The concept “Human Resource Development” is of high value in business and industry and has been used and applied since years. In industry and business the 'human' element is considred as a resource and hence its development and protection is very essential and inevitable. Of all the factors of production, human resource is the only factor having rational faculty and therefore, it must be handled with utmost care. Right recruitment, right training and right induction followed by faultless monitoring and welfare measures are but decisive factors in business and industry. Altogether there is a constant attention up on human factor there. But this is not a practice at all in education. So far there has not been any such measure of care and close watch and performance analysis of human resource on education front. This may be the main reason for lack of accountability in the sphere of education. The present study reveals the importance of introducing HRD practices in higher educational institutions in Kerala. In order to promise human capital formation through education, it is basic requirement. The higher educational institutions must follow the method of industry and commerce because education can be treated as an industry in service sector. There also we can follow the methods of right recruitment, right training and promotion, delegation, performance analysis and accountability checking of human resource. HRD is a powerful idea of transformation of human being into highly productive and contributing factor The HRD of students is the sum total of HRD of teachers. Reminding the primordial usage 'Yatha Raja Thadha Praja’ the quality of faculty resembles in students. The quality of administrative staff in colleges also affects the quality of higher education. Hence, it is high time to introduce the managerial method of HRD with all its paraphernalia in higher educational institutions so as to assure proper human capital formation in higher education in India.

Human Resources Development in Higher Education in Kerala

The study is entitled “HUMAN RESOURCES DEVELOPMENT IN HIGHER EDUCATION IN KERALA”. The concept “Human Resource Development” is of high value in business and industry and has been used and applied since years. In industry and business the ‘human’ element is considred as a resource and hence its development and protection is very essential and inevitable. Of all the factors of production, human resource is the only factor having rational faculty and therefore, it must be handled with utmost care. Right recruitment, right training and right induction followed by faultless monitoring and welfare measures are but decisive factors in business and industiy. Altogether there is a constant attention up on human factor there. But this is not a practice at all in education. So far there has not been any such measure of care and close watch and performance analysis of human resource on education front. This may be the main reason for lack of accountability in the sphere of education. The present study reveals the importance of introducing HRD practices in higher educational institutions in Kerala. In order to promise human capital formation through education, it is basic requirement. The higher educational institutions must follow the method of industry and commerce because education can be treated as an industry in service sector. There also we can follow the methods of right recruitment, right training and promotion, delegation, performance analysis and accountability checking of human resource. HRD is a powerful idea of transformation of human being into highly productive and contributing factor The HRD of students is the sum total of HRD of teachers. Reminding the primordial usage ‘Yatha Raja Thadha Praja’ the quality of faculty resembles in students. The quality of administrative staff in colleges also affects the quality of higher education. Hence, it is high time to introduce the managerial method of HRD with all its paraphernalia in higher educational institutions so as to assure proper human capital formation in higher education in India.

Neurotransmitter Functional Role in Neurodegenerative Diseases: human Health

Neuroscience is the study of'tbe ne rvous system , including the i - ; . in, spinal cord and peripheral nerves . Neurons are the basic cells of the brain and nervous system which exerts its functional role through various neurotransmitters and receptor systems . The activity of a nen ren depends on the balance between the number of excitatory and inhibito r y processes affecting it, both processes occurring individually and sin ,tlte-' ,ieously. The functional bal,ince of different neurotransmitters such as Acct >>lcholine (Ach), Dopamine (DA), Serotonin (5-1-17), Nor epinepbri,te (N.1 j, Epinephrine (LPI), Glutamate and Gamma amino butyric acid (GA BA) regulates the growth , division and other vital functions ofa normal cell / organisin (Sudha, 1 998). The micro-environ ; nertt of the cell is controlled / the macro-environment that surrounds the individual. Any change in the cell environment causes imbalance in cell homeostasis and f,ntction. Pollution is a significant cause of imbalance caused iii the inacYcenvironment. Interaction with polluted environments can have an adverse impact on the health of humans. The alarming rise in enviromilmieil cont.iniin :rtion has been linked to rises in levels of pesticides, ndltstr al effluents, domestic Waste, car exhausts and other anthropogenic activities. Persistent exposures to contaminant cause a negative imp,-, on brain health and development . Pollution also causes a change in the neurotransmitters and their receptor function leading to earl.;' recurrence of neurodcge,terative disorders such as flypoxia , Alzbeimers's and Huntington 's disease early in life.

Judicial Creativity in Constitutional Interpretation

The focus of study in this thesis is on the necessity and extent of judicial creativity in interpreting provisions in certain crucial areas in the Constitution of India. Judicial innovation was essential to adapt the constitutional provisions to modern changed context. Creativity of the Court has been mainly in the creation and introduction of certain new concepts not found in any specific provision of the Constitution which, but were essential for its meaningful interpretation.Independence of the judiciary, basic structure and certain elements of social justice cherished as ideal by the makers of the Constitution are some such concepts infused into the Constitution by the judiciary. The second aspect of creativity lies in the attempt of the Court to construe provisions in the Constitution with a view to upholding and maintaining the concepts so infused into the Constitution. Introduction of those concepts into the Constitution was necessary and is justified. all important features of the Constitution like democratic form of government, federal structure, judicial review, independence of judiciary and rule of law were thus included in the doctrine to prevent their alteration by amendments.As a result of such a construction, the nature of those directive principles itself has changed. They ceased to be mere directives for state action but became mandate for it. If left to legislative or executive will for their implementation, the directives would have remained enforceable as ordinary right.To conclude, notwithstanding the errors committed by the Supreme Court in construing the provisions in the above areas, they stand testimony to its creative and innovative response in interpreting the Constitution. If this trend is continued, it will be possible to achieve through the judicial process, maintenance of independence of the judiciary, avoidance of destruction of the Constitution through the process of amendment and realisation of social justice envisaged in the directive principles. It can be hoped that the Court would maintain its energetic and vibrant mind and rise up to the occasions and extend the same to other areas in future.

“Right to Privacy and Freedom of Press - Conflicts and Challenges”

India is a signatory to the United Nations Declaration of Human Rights 1948 and the International Covenant on Civil and Political 1966, the two major International instruments, building the foundations of the major democracies and the constitutions of the world. Both these instruments give an independent and upper position to right to privacy compared to right to freedom of speech and expression. The freedom of press finds its place under this right to freedom of speech and expression. Both these rights are the two opposite faces of the same coin. Therefore, without the right of privacy finding an equal place in Indian law compared to right to freedom of speech and expression, the working of democracy would be severely handicapped and violations against citizens rights will be on the rise It was this problem in law and need to bring a balance between these two conflicting rights that induced me to undertake this venture. This heavy burden to bring in a mechanism to balance these two rights culminated in me to undertake this thesis titled “Right to Privacy and Freedom of Press – Conflicts and Challenges