Views that never cease

Category Archives: Law & Justice

Rewriting surrogacy laws - Anil Malhotra

Rewriting surrogacy laws

ISSUE AT STAKE Recent meetings of Departments and Ministries of the Government of India on 6 and 7 March, 2014 to discuss and review divergent views on the draft Assisted Reproductive Technology (Regulation) Bill, 2013 (ART Bill 2013), have resulted in a proposal to revise the draft ART Bill with significant changes. The most crucial proposal is to restrict surrogacy in India to “infertile Indian married couples” only and it would not be allowed to foreigners unless he/she is married to an Indian citizen. Non-resident Indians (NRIs), Persons of Indian Origin (PIOs) and Overseas Citizens of India (OCIs) shall, however, be eligible. The purpose of the object sought to be […]

By Anil Malhotra |May 31, 2014| Southasiapost | 0 comment

Death penalty: Strange parameters - admin


It is not only the politicians who often indulge in doublespeak; we find sometimes the courts too for unexplained reasons indulge in this. Look on the close on the heels of the Supreme Court’s judgment of 21st January 2014, whereby the Court had commuted the death sentences of 15 convicts to life imprisonment, the Delhi High Court and the Mumbai Sessions Court, have in two significant judgements delivered separately have chosen to uphold the death penalty as punishment for rape; both the 16 December 2012 rape and murder case and the Shakti mills rape case of 22 August 2013. Neither the nature of the crime, nor the involvement of young persons, […]

By admin |April 30, 2014| Southasiapost | 0 comment

Shahid Bhagat Singh and Indian Constitution - Joginder Singh Toor

Shahid Bhagat Singh

“LET these momentous words of a convict in British India form part of the judicial record in the last court of our Democratic Republic, the largest democracy in the world.” says the Supreme Court of India in Bhanumati Vs State of U.P. “The ideas of Bhagat Singh, even if not wholly but substantially have been incorporated in the preambular vision of our Constitution. But the dream for which he sacrificed his life has not been fulfilled and the relevance of what he said can hardly be ignored. The ground realities, if at all, changed only marginally”. The Supreme Court proceeds to quote Bhagat Singh observing “it may not be out […]

By Joginder Singh Toor |March 30, 2014| Southasiapost | 0 comment

PIL on field trials of GM crops - Rajesh Krishnan

Field trials of GM crops

In the wake of public debate and controversy around Genetically Modified (GM) crops in India, the Supreme Court of India advanced its hearing on the public interest litigation (PIL) from 15th April to 1st of April 1, 2014. This comes after the hasty, unethical and questionable decision by the Ministry of Environment and Forests to approve open air field trials of GM crops, when a code of conduct for general elections is in place, and on the eve of the crucial hearing by the Court. This ‘revalidation of approvals’ by the regulators, supported by the Minister for Environment and Forests, Veerappa Moily (who later took a U-turn on his role […]

By Rajesh Krishnan |March 30, 2014| Southasiapost | 0 comment

Rights of biological offspring - Joginder Singh Toor

biological children

In the first of its kind case, Rohit Shekhar, a Delhi based law graduate  has  not only established  his  claim of being the biological son of   89 years old politician and  former  chief minister  N.D.Tiwari, but  also  got  the  privacy plea forcefully argued by Tiwari  rejected  by the Delhi High Court.  The court made public the D.N.A test report on July 27, 2012 after all Tiwari’s  seven appeals to the Delhi High Court and to the Supreme Court had failed. The Delhi High Court declared that the DNA report clearly established Rohit Shekhar as N.D.Tiwari’s biological son. The case has now entered a new phase with Tiwari offering one time, […]

By Joginder Singh Toor |March 1, 2014| Southasiapost | 0 comment