The current research paper talks about the precedent doctrine which states that the higher court'... more The current research paper talks about the precedent doctrine which states that the higher court's judgment is binding on the lower court when it makes a decision on the same subject-matter. The research paper talks about the evolvement of the doctrine in the English law which then found its way to India through the British rule. The doctrine got a proper sanction once it was laid down in the Constitution of India. The paper further talks about various decisions that brought clarity regarding the doctrine and adjudicated upon the questions such as "Is the Supreme Court also bound to follow its previously decided judgements"? The research paper ends by explaining the importance of the precedent doctrine as it preserves the order of the judiciary and therefore plays a vital role in preserving the court's time because it is not expected to adjudicate on the matter already resolved.
Witchcraft accusations against women, girls, elderly people or disadvantaged ethnic groups have l... more Witchcraft accusations against women, girls, elderly people or disadvantaged ethnic groups have long been part of rural India"s past culminating in abuse, murder, etc. Witch hunts are something that UNHCR continues to expose as a major breach of human rights.In India witch hunting tradition involves brutality and practices which have contributed to the killing and torture of suspected witches. Such victims are sometimes considered a threat to the society and as a result are sometimes starved to death, forced out, or brutally executed, in the process of social cleansing, often by their own relatives.The origins of witch hunts include epidemics, deprivation, employment deficits and social problems. The witch hunt chief, often anwell-known figure in the church or otherwise known as the "witch doctor," may also achieve economic profit by paying for an exorcism or selling parts of the murderer"s body.Human rights and women's rights campaigners have been calling for more successful, more practical efforts. While they have adopted more strict legislation to prosecute abuse that derives from claims of witchcraft, some organisations seek to shift attitudes of women and orthodox beliefs.This essay reflects on the problems of witchcraft and witch hunting in rural India and on recognizing the different acts of violence committed in the name of witch hunting, lawful approaches to safeguarding and the role of the bench.
This research paper talks about the Special Marriage Act, 1954 and the provisions that it holds. ... more This research paper talks about the Special Marriage Act, 1954 and the provisions that it holds. The Special Marriage Act is the legislation that grants validity to marriages that do not find their place in religion specific marriage legislations. The Act grants registration to the marriages between two consenting parties who belong to different religions or cast. In India, inter caste or inter religion marriages are not normative and are considered a taboo. People go as far as committing Honour killings in order to prevent such marriages. The aim of the Act is to protect the people from such acts and to provide legal validity to their marriage. The Act also consists of provisions with respect to the other marriage related aspects such as restitution of conjugal rights and divorce. The Act also lays down eligibility criteria for a valid marriage under the Act such as consent between the parties getting marries and the relationship between them not falling within the prohibited degre...
Human rights and intellectual property, two forms of law that were once enemies, are gradually be... more Human rights and intellectual property, two forms of law that were once enemies, are gradually becoming familiar bedfellows. The two subjects have been working together in virtual isolation for decades. However, in recent years , international norm-setting efforts have begun to map previously unexplored ties between, on the one hand, intellectual property law and human rights. Two regimes have grown rapidly: human rights and intellectual property rights. On one hand,, the rise of major multinational companies has led to a greater and tighter framework for the protection of intellectual property. Human rights, have acquired primacy in both cultural and legislative debates on the other hand. Developing countries have suggested that intellectual property rights as well as human rights frequently clash, particularly in the enforcement of their international TRIPS obligations. Nevertheless, developed nations are being pushed to provide greater security to intellectual property. The voice...
A large quantity of India's population is reduced to destitution because of high coverage health-... more A large quantity of India's population is reduced to destitution because of high coverage health-care expenses and also suffering from antagonistic consequences of poor health care services. India has accomplished several gains in the field of Health since the new millennium, such as, life expectancy at birth has increased, the infant mortality and maternal mortality ratio has fell down and the spread of contagious diseases such as HIV/AIDS has been controlled etc. Again WHO, recently officially declared India free from maternal and neonatal tetanus and also polio free. But at the same time, among the five BRICS Nations, namely (Russia, Brazil, South Africa, China and India), India is considered as the poorest performer on the health indicators. India has failed to sufficiently protect its citizens against poor quality of health care as well as financial risks associated with health expenditure. Health Care Industries of a Country can play crucial roles not only in providing quality care and improving access to medicines for the citizens, but also in developing economic growth of the Country. Again, as it is universally accepted that Health is magnificent and efficacious investment for the economic growth of a Nation, this paper will analyze several major challenges that India need to be addressed, most notably the poor and ineffective regulation of the country, the rapid growth of commercialization of health care services, inadequate public expenditure along with very low level of public expenditure. Here the approach of Judiciary towards the various challenges surrounding the health care services in India will also be discussed.
The current research paper talks about the precedent doctrine which states that the higher court'... more The current research paper talks about the precedent doctrine which states that the higher court's judgment is binding on the lower court when it makes a decision on the same subject-matter. The research paper talks about the evolvement of the doctrine in the English law which then found its way to India through the British rule. The doctrine got a proper sanction once it was laid down in the Constitution of India. The paper further talks about various decisions that brought clarity regarding the doctrine and adjudicated upon the questions such as "Is the Supreme Court also bound to follow its previously decided judgements"? The research paper ends by explaining the importance of the precedent doctrine as it preserves the order of the judiciary and therefore plays a vital role in preserving the court's time because it is not expected to adjudicate on the matter already resolved.
Witchcraft accusations against women, girls, elderly people or disadvantaged ethnic groups have l... more Witchcraft accusations against women, girls, elderly people or disadvantaged ethnic groups have long been part of rural India"s past culminating in abuse, murder, etc. Witch hunts are something that UNHCR continues to expose as a major breach of human rights.In India witch hunting tradition involves brutality and practices which have contributed to the killing and torture of suspected witches. Such victims are sometimes considered a threat to the society and as a result are sometimes starved to death, forced out, or brutally executed, in the process of social cleansing, often by their own relatives.The origins of witch hunts include epidemics, deprivation, employment deficits and social problems. The witch hunt chief, often anwell-known figure in the church or otherwise known as the "witch doctor," may also achieve economic profit by paying for an exorcism or selling parts of the murderer"s body.Human rights and women's rights campaigners have been calling for more successful, more practical efforts. While they have adopted more strict legislation to prosecute abuse that derives from claims of witchcraft, some organisations seek to shift attitudes of women and orthodox beliefs.This essay reflects on the problems of witchcraft and witch hunting in rural India and on recognizing the different acts of violence committed in the name of witch hunting, lawful approaches to safeguarding and the role of the bench.
This research paper talks about the Special Marriage Act, 1954 and the provisions that it holds. ... more This research paper talks about the Special Marriage Act, 1954 and the provisions that it holds. The Special Marriage Act is the legislation that grants validity to marriages that do not find their place in religion specific marriage legislations. The Act grants registration to the marriages between two consenting parties who belong to different religions or cast. In India, inter caste or inter religion marriages are not normative and are considered a taboo. People go as far as committing Honour killings in order to prevent such marriages. The aim of the Act is to protect the people from such acts and to provide legal validity to their marriage. The Act also consists of provisions with respect to the other marriage related aspects such as restitution of conjugal rights and divorce. The Act also lays down eligibility criteria for a valid marriage under the Act such as consent between the parties getting marries and the relationship between them not falling within the prohibited degre...
Human rights and intellectual property, two forms of law that were once enemies, are gradually be... more Human rights and intellectual property, two forms of law that were once enemies, are gradually becoming familiar bedfellows. The two subjects have been working together in virtual isolation for decades. However, in recent years , international norm-setting efforts have begun to map previously unexplored ties between, on the one hand, intellectual property law and human rights. Two regimes have grown rapidly: human rights and intellectual property rights. On one hand,, the rise of major multinational companies has led to a greater and tighter framework for the protection of intellectual property. Human rights, have acquired primacy in both cultural and legislative debates on the other hand. Developing countries have suggested that intellectual property rights as well as human rights frequently clash, particularly in the enforcement of their international TRIPS obligations. Nevertheless, developed nations are being pushed to provide greater security to intellectual property. The voice...
A large quantity of India's population is reduced to destitution because of high coverage health-... more A large quantity of India's population is reduced to destitution because of high coverage health-care expenses and also suffering from antagonistic consequences of poor health care services. India has accomplished several gains in the field of Health since the new millennium, such as, life expectancy at birth has increased, the infant mortality and maternal mortality ratio has fell down and the spread of contagious diseases such as HIV/AIDS has been controlled etc. Again WHO, recently officially declared India free from maternal and neonatal tetanus and also polio free. But at the same time, among the five BRICS Nations, namely (Russia, Brazil, South Africa, China and India), India is considered as the poorest performer on the health indicators. India has failed to sufficiently protect its citizens against poor quality of health care as well as financial risks associated with health expenditure. Health Care Industries of a Country can play crucial roles not only in providing quality care and improving access to medicines for the citizens, but also in developing economic growth of the Country. Again, as it is universally accepted that Health is magnificent and efficacious investment for the economic growth of a Nation, this paper will analyze several major challenges that India need to be addressed, most notably the poor and ineffective regulation of the country, the rapid growth of commercialization of health care services, inadequate public expenditure along with very low level of public expenditure. Here the approach of Judiciary towards the various challenges surrounding the health care services in India will also be discussed.
Uploads
Papers by Rubi Talukdar