gifty oommen

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Teacher in law with a flair for public speaking. known as a resource person in international and national conferences in subjects varying from judicial process, human rights , international law, maritime law , intellectual property rights . Around 30 and more published works . PhD awarded in right to privacy and freedom of press- conflicts and challenges from cochin university of science and technology. Deep desire to inculcate life and love in law and to establish the values of humanity in the hearts of generations all over the world

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Galgotias University,Greater Noida

International Res Jour Managt Socio Human

Siddharth Narrain

kp singh chauhan

Amit kumar

Kumaun University Nainital, Uttarakhand, India

manish mulchandani

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Papers by gifty oommen

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

Thesis submitted to the C Co oc ch hi in n U Un ni iv ve er rs si it ty y o of f S Sc ci ie en nc... more

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Marital Rape- Is IT or Not a Sexual offence- A Retrospection

International Journal of Scientific Research, 2012

Marital Rape refers to unwanted intercourse by a man with his wife obtained by force, threat of f... more Marital Rape refers to unwanted intercourse by a man with his wife obtained by force, threat of force, or physical violence, or when she is unable to give consent. The marital rape exemption can be traced to statements by Sir Mathew Hale, Chief Justice in England, during the 1600s in his treatise Historia Placitorum Coronae or The History of the Peas of the Crown. He wrote, "The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract, the wife hath given herself in kind unto the husband, whom she cannot retract." Now in India the new Section 375 has been inserted replacing the earlier Section 375 which had defined 'Rape' in the Indian Penal Code by the term 'Sexual Assault', by the Criminal Law Amendment Ordinance 2013. Here in this section there is an exception provided which states that sexual intercourse or sexual acts by a man with his own wife , the wife not being under 16 years of age is not sexual assault. This concept defies the basic foundation of marriage, which is trust. If this trust is lacking , and if sex is forced, then it amounts to sexual assault, and no law can by legalizing sexual assault reinstate the lost trust in a marriage.

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Fundamentals – for A Lawyer In Making

Paripex Indian Journal Of Research, 2017

Today appraisal of a student’s performance is done by individual teachers in the same old dogmati... more Today appraisal of a student’s performance is done by individual teachers in the same old dogmatic fashion. We need to have a more open and flexible system where set goals have to be achieved. Teachers and students should have a dialogue in this matter before the session begins for each and every subject, on the basis of which the schedule for the semester should be prepared.

Press at Crossroads in the Land of Freedoms

Warren and Brandeis, who were the two leading American academicians and judges state in their the... more Warren and Brandeis, who were the two leading American academicians and judges state in their thesis titled „The Right to privacy ‟in 1890 that „intensity and complexity [1] of life, attendant upon advancing civilization, have rendered necessary some retreat from the world and man under the refining influence of culture, has become more sensitive to publicity so that solitude and privacy have become more essential to the individual, but modern enterprise and invention has through invasion upon his privacy, subjected him to mental pain and distress, far greater than could be inflicted by mere bodily injury.‟[1]

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Privacy as a Human Right and Media Trial in India

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Research Paper Law Privacy as a concept of Law

Journalism: New Trends and Its Impact on Right to Privacy. Comparative Analysis with Special Reference to India

The Age of Human Rights Journal

Investigative Journalism is the act of the journalists which goes beyond simple reporting of even... more Investigative Journalism is the act of the journalists which goes beyond simple reporting of events in the press. It involves newsgathering by taking an initiative to get the required information. The information in this case is not easily available. The extra effort taken for this type of newsgathering is termed investigative journalism. This method has gained great momentum in India. The need for this study is motivated by the fact that though India is a party to United Nations Declaration of Human Rights and the subsequent ICCPR 1966, it has failed to make Privacy a part of the Indian Constitution while Press is accepted as a fundamental right. Today the press in India like in other nations is under the control of multinationals, which use this as a weapon to dictate the government and the masses. It is in this scenario that this study becomes relevant, where due to lack of legislative intent the media has become an unbridled horse. This makes an individual vulnerable to media at...

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Privacy as a Human Right and Media Trial in India

The Age of Human Rights Journal, Dec 18, 2014

Even before India became Independent, it had already become party to the United Nations Declarati... more Even before India became Independent, it had already become party to the United Nations Declaration on Human Rights 1948 (UDHR). Press had played a very important and productive role in the independence movement, through its strong support for the popular movement of Satyagraha and abdication of foreign goods and other similar forms of freedom struggle. Such was the impact of the print media that it frightened the British, as it gave a picture of a strong India, though the reality was a disintegrated India ruled by princely kings and people in deep poverty. The framers of our Constitution knew the immense power vested in the print media, therefore they imbibed the Freedom of Speech and Expression in Article 19(1) (a) of the Indian Constitution from Article 19 of the UDHR, and also reflected similarly in Article 19 of the International Covenant on Civil and Political Rights 1966 (ICCPR). UDHR 1948 in Article 12 and ICCPR 1966 in Article 17 give protection to the concept of privacy. Though freedom of speech and expression given in Article 19 of the UDHR 1948 and ICCPR 1966 was enshrined in Article 19(1)(a) of the Indian Constitution. We do not find such constitutional recognition given to privacy in India. Here, privacy is not given any separate constitutional status. Right to life, liberty and security of person is enshrined in Article 3 of the UDHR 1948. This is recognized in Article 21 of the Indian Constitution. Privacy was not included in this Article. In Nihal Chand v.Bhagwan Dei during the colonial period, as early as in 1935, the High Court recognized the independent existence of privacy from the customs and traditions of India. But privacy got recognition in free India for the first time in Kharak Singh case. In Kharak Singh v. State of U.P., the Supreme Court struck down domiciliary visits by the police as it violates Article 21. But it was in the minority view given in this case by Justice Subha Rao, that privacy got recognition as a right included in Article 21 of the Constitution. In this case the apex court recognized privacy as part of right to life and personal liberty. Privacy was recognized as a separate right in UDHR 1948. This has failed to materialize in the same spirit as a fundamental right in the Indian Constitution, like the right to speech and expression and right to life. Article 3 of the UDHR 1948, protects life and personal liberty, not privacy. In India privacy is described as part of right to life and personal liberty in Article 21 of the Constitution as there is no separate provision for privacy in the Constitution. Privacy has been defined by Supreme Court in Sharada v. Dharampal as 'the state of being free from intrusion or disturbance in one's private life or affairs'. This is different and distinct from the life and liberty in Article 21 of the Constitution. India being signatory and party to the UDHR1948 is bound to protect Privacy as a fundamental right in the Constitution and also to give a higher status to it in reference to Press.

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

Thesis submitted to the C Co oc ch hi in n U Un ni iv ve er rs si it ty y o of f S Sc ci ie en nc... more

Download

Marital Rape- Is IT or Not a Sexual offence- A Retrospection

International Journal of Scientific Research, 2012

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Fundamentals – for A Lawyer In Making

Paripex Indian Journal Of Research, 2017