Faculty of Law

Abstract- In doctor-patient relationship confidentiality of medical records about the patient’s health status, medical conditions, diagnosis, prognosis, treatment and all other information of personal kind are the matter of privacy and inviolable right of a patient. It is the most important aspect of a doctor’s duty to maintain the secrecy of information which he has gathered in the course of treatment. There are various legal measures to ensure this right to confidentiality as well as the right to information of medical records. No doubt confidentiality of medical records is necessary, but in cases of medical negligence when a question of proof of medical negligence arises against the doctors, they ever show reluctance in producing the medical records in the name of unavailability or confidentiality of records, which can affect patient’s right to information, it will be considered as “deficiency in service” as well as medical negligence. This paper critically examines the concept of maintainability, confidentiality, disclosure of medical records under RTI as well as the scope of the right to privacy in disclosure of medical records to the third person, effects of non-disclosing of such records on legal proceedings and burden of proof in cases of medical negligence etc.

India is a land of diversity, where everybody is free to profess, propagate and practice of faith and
religion of his own choice. Every religious sect has its code of conduct in the form of personal laws
that applies commonly among the followers. Secular character and the neutrality of the state in the
matter of religion is the peculiarity of this land. The creation and imposition of a Uniform Civil Code
are closely related to the one and half-century-old movement for the creation of a Uniform Civil Code
that has been debated and discussed in public and political discourses. The Supreme Court of India
has also shown its interest in the imposition of the Uniform Civil Code in the country. Once again the
debate is on its peak when the BJP led government has shown its interest in its imposition. The
government may probably table the draft of the Code in the Parliament shortly. Once passed, it would
mandate implementing a common set of laws for all Indian citizens irrespective of their faith and
religion. Millions of citizens particularly minorities are reluctant in its imposition and say it will affect
their freedom of religion and the nation will move towards a theocratic state led by Hindutva.

The Constitution of India has enabled the Judiciary to review the actions taken by the legislature and Executive. This idea made the Judiciary very powerful and active to look into any kind of problem harming the legal system. Although Seventeen General Elections in the country have been conducted successfully, but some unwelcomed incidents like abuse of administrative machinery, use of black money, communalism, fascism and many other corrupt practices in contesting election noticed during these elections. It made the Judiciary alert to keep the political system free from criminality, communalism, and corruption and keep it updated to meet the needs of modern democracy. Firstly this paper is aimed to conceptualize the idea of ‘Judicial Activism in India which made the Judiciary more capable to reform the political system of the country, secondly, it tries to explore the efforts of the Judiciary made to reform the political system in the country.

Health is not merely the absence of disease but a state of complete physical, mental and social wellbeing. The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being globally. The World Health Organisation (WHO) as the global leader in public health is responsible to ensure public health globally. Every member states of the United Nation (UN) have developed own healthcare infrastructure and medical services to ensure citizen's health. The unprecedented health crisis aroused due to the Covid-19 pandemic has proved the healthcare infrastructure and medical services exist in India and abroad insufficient. The Pandemic has affected the socioeconomic febric of the world and forced the people to face new challenges. The study investigates the constitutional and legal position of right to health and medical care in India and the impacts of Covid-19 thereupon. The study critically examines the working of the WHO in the time of Covid-19 pandemic. Doctrinal method of research is applied in this study.

Health is not merely the absence of disease but a state of complete physical, mental and social wellbeing The enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being globally The World Health Organisation (WHO) as the global leader in public health is responsible to ensure public health globally Every member states of the United Nation (UN) have developed own healthcare infrastructure and medical services to ensure citizen’s health The unprecedented health crisis aroused due to the Covid-19 pandemic has proved the healthcare infrastructure and medical services exist in India and abroad insufficient The Pandemic has affected the socio-economic febric of the world and forced the people to face new challenges The study investigates the constitutional and legal position of right to health and medical care in India and the impacts of Covid-19 thereupon The study critically examines the working of the WHO in the time of Covid-19 pandemi...

Under International law, extradition is a formal, diplomatic process by which one state requests another to effect the return of custody of a fugitive criminal for crimes punishable by the laws of the requesting State and committed outside the jurisdiction of the country where such person has taken refuge. International extradition is an obligation undertaken by States in good faith to promote and execute justice.
The law of extradition is a subject matter of international law, which is deeply rooted in municipal law. The role the obligation to extradite or prosecute plays in supporting international cooperation to fight impunity was recognised by Hugo Grotius (a Dutch jurist who laid the foundations for international law), who postulated the principle of aut dedere aut punire (either extradite or punish): “When appealed to, a State should either punish the guilty person as he deserves, or it should entrust him to the discretion of the party making the appeal.” 
Extradition is the recognised international mechanism for the timely return of fugitives from foreign countries. It is defined as the “delivery of an accused or convicted individual from the country he is found in, to another country that requests his extradition”.

This case comment attempts to review the Aadhaar Judgement given by the esteemed Apex Court of India. Aadhaar is "the most sophisticated ID programme in the world”, as said by World Bank Chief Economist Paul Romer. The Aadhaar card, which is issued by the government to the citizens, contains a unique identification number and the demographic and biometric data of an individual, which are stored into one centralized database. It was held that Aadhaar Act is constitutionally valid with certain restrictions on the entities that can access the data.
This commentary critically analyses this judgement, as Aadhaar does not hold any statutory basis, and violates the fundamental rights of equality and privacy granted to every individual under the Constitution. The Privacy judgement interpreted ‘life and liberty’ in Article 21, ‘dignity’ as mentioned in the Preamble and right to freedom given under Article 19, to include privacy as the core of human personality and dignified existence. Aadhaar databases enables the State to build complete profiles of individuals violating privacy through the convergence of data, and also the data pose a risk of getting hacked and misused, causing serious issues. Also, the Aadhaar law discriminates between the people who have the Aadhaar card and those who do not, violating Article 14 of the constitution. Moreover, the Aadhaar Act has not followed the constitutional procedure mandated for the passage of a law by disguising the statute as a “Money Bill”. Article 110 has specific grounds for Money Bill and the Aadhaar law went beyond that, which itself is fundamentally wrong.
The Supreme Court upheld that the constitutional validity of the Aadhaar by calling it “unique”, this case comment analyses how certain questions regarding the right to privacy and the violation of article 14,19 and 21 were not addressed in the Judgement.

Keywords: Aadhaar, Fundamental Rights, Right to Privacy, Constitution, Supreme Court.

This research paper will try to sketch the implementation of International Humanitarian Law during non-international armed conflict and various views at national and international level to solve this problem. Since there is destitution of effective protecting system in IHL during non international armed conflicts, therefore law on internal armed conflicts is not implemented as much as it is required. There is need to amend the law on internal armed conflicts and to establish effective implementation Machinery.

When we think of the Hindu religion, it is difficult, if not impossible, to define Hindu religion or even adequately describe it. Unlike other religions in the world, the Hindu religion does not claim any one prophet; it does not worship any one god; it does not subscribe to any one dogma; it does not believe in any one philosophic concept; it does not follow any one set of religious rights or performances; in fact, it does not appear to satisfy the traditional features of any religion or creed. It may broadly be describe as a way of life and nothing. It is a museum of belief, a medley of rites, or a mere map, a geographical expression?
A recent judicial exposition-case  of the term ‘Hindu’ by the Kerala High Court, to the effect that only those persons who believe in idol worship are Hindus, leaves the impression by implication that those not believing in idol worship are outside the fold of Hinduism. In contrast to this judicial pronouncement, political statements of certain national leaders tend to expand the scope of the term ‘Hindu’ when they say that all Indians including Muslims, Christians, Jews and Parsis are Hindus. In the wake of these developments, a close look at the existing legal literature on the subject seems to be an interesting study. This paper therefore envisages a cursory but analytical and critical study of the subject in the light of juristic textual, judicial and legislative materials.

Massive content about user's social, personal and professional life stored on Online Social Networks (OSNs) has attracted not only the attention of researchers and social analysts but also the cyber criminals. These cyber criminals penetrate illegally into an OSN by establishing fake profiles or by designing bots and exploit the vulnerabilities of an OSN to carry out illegal activities. With the growth of technology cyber crimes have been increasing manifold. Daily reports of the security and privacy threats in the OSNs demand not only the intelligent automated detection systems that can identify and alleviate fake profiles in real time but also the reinforcement of the security and privacy laws to curtail the cyber crime. In this paper, we have studied various categories of fake profiles like compromised profiles, cloned profiles and online bots (spam-bots, social-bots, like-bots and influential-bots) on different OSN sites along with existing cyber laws to mitigate their threa...

Massive content about user's social, personal and professional life stored on Online Social Networks (OSNs) has attracted not only the attention of researchers and social analysts but also the cyber criminals. These cyber criminals penetrate illegally into an OSN by establishing fake profiles or by designing bots and exploit the vulnerabilities of an OSN to carry out illegal activities. With the growth of technology cyber crimes have been increasing manifold. Daily reports of the security and privacy threats in the OSNs demand not only the intelligent automated detection systems that can identify and alleviate fake profiles in real time but also the reinforcement of the security and privacy laws to curtail the cyber crime. In this paper, we have studied various categories of fake profiles like compromised profiles, cloned profiles and online bots (spam-bots, social-bots, like-bots and influential-bots) on different OSN sites along with existing cyber laws to mitigate their threa...

Dalits are the most neglected, marginalized, exploited and the most disadvantaged socio-economic group in India. The continuing atrocities on the Dalits, its nature and the response (or the lack of it) of the law and order machinery represents deep-rooted fault lines in our society and demands multi-faceted action as a nation. The scourge of untouchability was a blot on the Indian civilization.  Despite the constitutional declaration of its abolition under Article 17 of the Constitution, progressive legislations, programmes and schemes for the development and empowerment of the dalits it persists in many subtle and not so subtle ways. It has been an unmitigated tale of prejudice, discrimination and exploitation. At stake, in the ultimate analysis, is the very integrity and survival of Indian society. Without transforming vertical inequality in society into horizontal equality, democracy will have no meaning. If the law is not in favour of disadvantaged, they will never achieve true equality of opportunity and freedom of choice. This Paper will analyze the various atrocities on Dalits & their Constitutional rights guaranteed in the Indian Constitution.

Key words: (Dalits, Atrocities, Untouchability, Discrimination, Constitutional Rights)

According to Jawahar Lal Nehru,
“India is a mixed pot of races”
India, the land of bewildering diversity, is a conglomeration of people, cultures, languages and religions. India’s diversity is reflected in the coexistence of sensuality and asceticism, carelessness and efficiency, gentleness and violence. In short, India is a kaleidoscope, you touch it and there is a new combination of shapes and colours. The American society is looked at in the terms of a ‘melting pot’, India, on the other hand, is not a ‘melting pot’ it is a ‘mosaic’. India is a country which is a host to all conceivable religions and ways of life. India has followed a principle of “unity in diversity”. This unity is based on democracy, federalism, tolerance and secular character of the state. The key to India’s success as a federal democracy is the recognition of its diversities. Acceptance of all religions and different ways of life is the cornerstone of the Indian culture, heritage and polity.

The principle of gender equality is enshrined in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. There is a direct relationship between women's Right to land, economic empowerment, food security and poverty reduction. A gender approach to land rights can enable shifts in gender power Relations, and assure that all people, regardless of sex, benefit from, and are empowered by, Development policies and practices to improve People's rights to land. Although women play a key role in agricultural work and food production, their land rights are most tenuous. Much like those of women of any other country, property rights of Indian women have evolved out a continuing struggle between the status quo and the progressive forces. And pretty much like the Property rights of women elsewhere, property rights of Indian women too are unequal and unfair under different personal laws. Land governance in India is at a crossroads. This pa...