VOLUME:-5 ISSUE NO:- 5 , NOVEMBER 15, 2023 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Medical Negligence and Malpractice in India -Arpita Tiwari BALLB Kirti P. Mehta School of Law, Hyderabad Abstract We know that in a family each and every person is related to some other person and with the same person in the family and this relationship is built by birth. Just like the family we develop a relation professionally where doctor and patient relationship is also one of the trustworthy relationship but what if this trust has been broken by the doctor at the time of fulfilling their responsibility or doing their duty due to which negligence arises. Medical negligence is a biggest problem in India and Judges are meant to make the final decision in a nation that upholds the rule of law when cases like these are brought before the courts. However, since judges lack training in medical research, it may be difficult to decide whether physicians have acted negligently. They base their conclusions on the opinions of specialists. To reach a ruling, judges consider both the national law and fundamental legal concepts. The guiding principles are caution and fairness. Through the paper the author will discuss the concept of medical negligence its essentials and in addition to that we will discuss the concept of medical malpractice. There has been much discussion of the historic decision rendered by the Supreme Court in two well-known instances involving medical malpractice. At the end of the paper the author will discuss the requirements and expectations with respect to standard of care. –Keywords: Medical Negligence, Medical Malpractice, Right to Life, Doctor, Patient. Introduction In India, the medical field is regarded as one of the finest of all professions. A patient views their doctor as divine. Furthermore, God is flawless. However, it is the patient’s perception. Doctors are, after all, people and they could make a mistake. Medical professionals might act carelessly while doing their duty.1 When a doctor or a physician are not doing their duty with utmost care towards their patient then the term medical negligence arises. Medical negligence does, in fact, pose a major threat to human rights as it directly impacts people’s “right to life” and “right to healthcare.” There are number of instances which have been related to medical negligence but in fact no legal action has been taken for the same. Due to which it causes the public’s confidence in healthcare providers to completely evaporate. We can take a recent example i.e., Covid-19 which is the biggest hazard of our nation not only in India but all over the world this disease has threatened each and every person to make a social contact with the another person and with their loved ones. During Covid many of the doctors have not treated the patients who are infected because of that disease. Our nation has witnessed a shortage of beds, cylinders in the hospitals due to which patients are dying. During Covid India has witnessed number of cases of medical negligence which has been arisen and not been reported even if it is reported no action has been taken place. In our Indian Constitution right to health is a inherent fundamental right within the broader context of the right to life Article 212 of the Constitution says that it is the right of everyone to live in with ‘Human Dignity’.3 Medical negligence has contributed to the death of persons with significant illnesses in addition to making people’s medical problems worse than they were before. Definition of Medical Negligence 1Daya Shankar Tiwari, Medical Negligence: A Critical Study, (November 4, 2013), <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2354282)> accessed 4 November 2013. 2Article 21 of the Constitution 3Maneka Gandhi Vs. Union of India, AIR 1978 Sc 597 Medical professionals that act negligently while handling their patients are considered to be practicing medical negligence. Nonetheless, medical negligence is not defined by law in India. The case of Poonam Verma v. Ashwin Patel & Ors4 is the case where Supreme Court analysed the problem of medical negligence. The Court says that, “Negligence may manifest in a variety of ways. It can be criminal negligence, gross negligence, hazardous negligence, comparative negligence, concurrent negligence, continued negligence, active and passive negligence, willful or reckless negligence, or negligence as such.” Essentials of Medical Negligence In order to constitute medical negligence the plaintiff shall fulfill the required conditions and they are as follows. Legal Duty towards the Plaintiff The doctor has a responsibility to take care of their patients. This obligation may be derived from a contract or from tort law. The patient does not necessarily enter into a written or spoken contract with the doctor when they agree to treatment for their condition, but it is implied that any careless behaviour would undoubtedly amount to a violation of professional obligation. This is where the existence of legal responsibility originates. Therefore, it is the physicians’ responsibility to treat patients with the implicit guarantee of a particular level of expertise. The doctor has the responsibility to take care of his patients and for this he has following duties to follow: If the doctors are unable to treat their patients to the best of their skills then they must avoid treating the patients at that point. After accepting a patient, they ought to use extreme caution when deciding what kind of care to provide. Finally, the doctor should provide the therapy with caution and diligence throughout the aforementioned treatment. 4Poonam Verma v. Aswin Patel & Ors, (1996) 4 SCC 332 The railroad crossing’s gates were open in Mata Prasad v. Union of India5. The vehicle was struck by an approaching train as the driver attempted to cross the railroad tracks. It was decided that the truck driver may presume there was no risk in crossing the railroad tracks while the level crossing’s gates were open. As a result of their carelessness,
Category: CALL FOR PAPERS
“Whispers of Autonomy: Delving into Abortion Rights for Unmarried Women in India”
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-5 ISSUE NO:- 5 , NOVEMBER 1, 2023 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Whispers of Autonomy: Delving into Abortion Rights for Unmarried Women in India Authored by:- Khushi gupta Ramaiah college of Law, Bengaluru. I. Abstract: In the intricate tapestry of India’s diverse culture and traditions, the issue of abortion, particularly for unmarried women, stands as a battleground of rights and choices. Despite India’s progress, equal abortion rights for unmarried women remain a contentious concern. This research paper explores the historical evolution of abortion laws in India, focusing on the Medical Termination of Pregnancy (MTP) Act of 1971. It delves into legislative milestones, judicial interventions, and the complex landscape of abortion rights for unmarried women beyond the 20-week timeframe. The paper culminates in a critical analysis of the recent landmark judgment in X v. Principal Secretary, affirming reproductive autonomy for unmarried women and highlighting the need for legislative alignment with lived realities. II. Keywords: India, abortion rights, unmarried women, Medical Termination of Pregnancy (MTP) Act, judicial history, reproductive autonomy, landmark judgment, societal norms, legal landscape, women’s rights. III. Research Methodology: This research employs a historical analysis of abortion laws in India, tracing the trajectory from the criminalization of abortion in the 19th century to the enactment of the MTP Act in 1971. It includes an exploration of legislative milestones and amendments, focusing on the Shantilal Shah Committee’s recommendations and the subsequent parliamentary approval of the MTP Act. The study also delves into judicial history, examining cases like Suchita Srivastava and, prominently, X v. Principal Secretary. IV. Objectives: To Examine the Historical Evolution of abortion laws in India, emphasizing legislative changes and societal attitudes. To analyze MTP Act of 1971 and evaluate the MTP Act’s impact on abortion rights, emphasizing its provisions, protections, and the paradigm shift it brought. To explore Judicial Landscape and interventions for law relating to abortion rights of an unmarried women in India via assessing the recent landmark judgment of X v. Principal Secretary case. V. Scope: The scope of this paper encompasses the evolution of abortion laws in India, particularly the MTP Act, and the recent judicial interpretation in X v. Principal Secretary. The study also explores societal norms, legislative milestones, and the lived experiences of unmarried women seeking reproductive autonomy. VI. Introduction In the heartland of diverse cultures and traditions, India has long been a land of contrasts. A country where ancient customs coexist with modern values, and where progress often encounters resistance from deeply entrenched norms. One such battleground of rights and choices is the issue of abortion, particularly when it comes to unmarried women. In a society that has made significant strides in various areas, the struggle for equal abortion rights for unmarried women remains a contentious and crucial concern. This blog delves into the intricate tapestry of laws, attitudes, and the lived experiences of unmarried women seeking reproductive autonomy in India.1 Abortion is a deeply sensitive and complex issue, with societal, ethical, and legal dimensions that vary across cultures and nations. In the context of India, the right to abortion is a fundamental aspect of reproductive rights. However, the specific challenges faced by unmarried women in exercising this right warrant closer examination. This research paper seeks to unravel the intricate tapestry of abortion rights for unmarried women in India, elucidating the legal landscape and judicial interventions that have shaped this discourse. VII. Historical evolution of law with respect to abortion in India. Understanding the current abortion rights for unmarried women necessitates a retrospective analysis of the historical development of abortion laws in India. The paper delves into the various legislative milestones, including the Medical Termination of Pregnancy (MTP) Act of 1 Tarun, ‘Abortion Laws in India: A Historical Overview’ (Legal Service India, 2023) accessed 14 December 2023 [https://www.legalserviceindia.com/legal/article-11455-abortion-laws-in-india-a-historical-overview.html]. 1971, and explores how subsequent amendments have shaped the contours of abortion rights for all women, regardless of marital status. Until the 1970s, abortion in India was not only frowned upon but was also illegal, carrying severe legal consequences. Section 312 of the Indian Penal Code (IPC) criminalized abortion, subjecting women to the threat of imprisonment for three years and fines. Rooted in Victorian English morality, this legal framework persisted for over a century, reflecting societal attitudes and norms of that era. The paradigm shift towards legalizing abortion in India commenced in the mid-1960s with the establishment of the Shantilal Shah Committee. Chaired by medical professional Dr. Shantilal Shah, the committee, in its 1964 report, advocated for the liberalization of abortion laws. Recognizing the need to address unsafe abortions and reduce maternal mortality, the committee laid the foundation for a significant legislative change. Building upon the recommendations of the Shantilal Shah Committee, the Indian government introduced a medical termination of pregnancy bill in the Lok Sabha and Rajya Sabha. The bill, reflecting a progressive stance, received parliamentary approval in August 1971, paving the way for the enactment of the Medical Termination of Pregnancy (MTP) Act. Effectively enforced on April 1, 1972, the MTP Act applied to the entire nation, with accompanying MTP Rules introduced in 1975 to provide operational guidelines. This legislative milestone not only marked the decriminalization of abortion but also established a legal framework that aimed to protect women’s reproductive rights and reduce the prevalence of unsafe abortion practices.2 The MTP Act conferred significant authority upon registered medical practitioners, granting them the ability to perform abortions under specified circumstances. Notably, the Act provided immunity to doctors conducting abortions in accordance with its provisions, shielding them from prosecution under Section 312 IPC. The key provisions of the MTP Act included allowing abortion up to 20 weeks of pregnancy. The Act further extended various protections and rights, including:3 2 Alby Stephan. K,History and future of abortion laws in India’ (Legality Simplified, 1 February 2023) accessed 15 December 2023 https://legalitysimplified.com/blogs/history-and-future-of-abortion-laws-in-india/ 3India, The Medical Termination
IMPACT OF SOCIAL MEDIA ON MENTAL HEALTH AND WELL-BEING
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:- 4 ISSUE NO:- 4 , OCTOBER 20, 2023 THE article is written by kumari ishika 5’Th year law student from GRAPHIC ERA HILL UNIVERSITY (DEHRADUN) This article is discussing about the impact of social media on mental health and WELL-BEING its advantages. IMPACT OF SOCIAL MEDIA ON MENTAL HEALTH AND WELL-BEING Abstract The abstract explores the multifaceted impact of social media on mental health, encompassing both positive and negative aspects. It delves into the role of social media in shaping self protection, interpersonal relationship, and overall well being. The analysis considers the influences of curated online content, cyber bulling, and the potential for social support. Additionally, the abstract examines the evolving landscape of mental health awareness facilitated by social media platform and addressing the need for a nuanced understanding of these complex interactions. INTRODUCTION IN the 21’Th century, the digital age has ushered in a transformative era of communication, information sharing, and global connectivity. In today’s time we use the different platform of social media like – instragram, whattsapp, twitter, etc which help to connect the people in worldwide while sitting at home. But it having negative impact also .some people have found that using social media to much which can make them feel sad , anxiety and even some time lonely. While the coin have two phase positive and negative same the social media also have two side positive and negative means where it’s help us to connect with people and get the information quickly .On the other hand its cause people mental health. Various jurists have different point of view regarding the impact of social media on mental health and well-being, some of them are in support of social media while some of them are in against we want to understand that can it can make you feel better or worse and how we can use it wisely, in today’s world of modernization the impact of social media on happiness and well being. Impact of social media on mental health Firstly the question arises what is mental health so mental health is defined as the well being of people which help to understand their ability, capability, of everyday life problem work well and significant contribution towards their communities. Regarding this topic and different opinion of research scholar did debate a lot .To make understand their point of view they coined various theory .So among the various theory one of the theory are The Displaced behavior theory may help to understand that why social media as a connection with mental health. According to this theory people who spend more time in sedentary behavior such as social media users use less time for face to face interaction, both have been proven to be protection against mental disorder. In fact, another study found that social media users who spend maximum time in social media are usually get affected by social isolation. The several platform of social media like whattsapp, instragram , YouTube face book etc make person ‘perceived social isolation; and the perceived isolation is one of the worst thing that cause person not only mentally but physically also. Now the experts are not able to prove that people are having internet addiction even though internet is also using by users from past long period of time, but they can able to prove that people having social media addiction .In today’s time people of every age group are on social media and because of stress schedule the social media are make them smile on their face. The post, reel and entertainment video of social media are attracted the people on social media. According to the various researcher it may be possible to say that the addiction which may lead to cause disorder which mean that person who spend more time in particular platform of social media let’s say face book that may cause to face book disorder. And it going to affect the personal life of an individual, mental preoccupation, mood modifying experience and concealing the Social addictive behavior. This thing occur when they are not able to spend sufficient time on social media there mood is depend upon the social media.”The more we use social media, the less happy we seem to be” which mean face book and instragram are linked to both less moment to moment happiness and less satisfaction. The more person use social media and capture or post everything or spend more time , the more he get isolated from physical world. All of this is not to say that there is no benefit of social media obviously it help to connect the people worldwide but it also causing the mental health of an individual while providing anxiety and stress etc. As we discuss earlier the social media have bath positive and negative aspects. THE POSITIVE ASPECTS OF SOCIAL MEDIA If you a regular social media users probably encounter some of all these benefit of social media: 1- BUILDING RELATIONSHIP AND STAYING CONNECTED Social media make people life easy to find a group or same mindset people. While sitting at home at home .social media en easy way to nurture existing relationship with family friends or any other member who have moved away ,while sending messages , share photos ,call ,and video call etc 2- SPREADING NEWS In Today’s time people gets all the information of event and news etc not only local but worldwide also. Just on one click the users get all the important information of local ,national, as well as international news, it also help as a helping hand while spreading information about the lost friends, family members through several platform of social media Education It provide access educational content , webinar ,and online course at very minimum price ,because of social media now students are not restrict to specific content ,they easily get variety of educational content .while on the other side the offline or physical coaching classes are very
ARTICLE 19(1)(a) VS. §124A OF I.P.C
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:- 4 ISSUE NO:- 4 , OCTOBER 18, 2023 ARTICLE 19(1)(a) VS. §124A OF I.P.C Connecting Sedition And The Fundamental Right To Speech And Expression Vishnu Priya B.A. LL.B. (HONS.) NALSAR University Of Law Abstract This paper explains how Sedition, which has been a contentious issue, stifles the Fundamental Right to Freedom of Speech and Expression enshrined in the Constitution of India under Article 19(1)(a). This analysis focuses on the historical connotation of §124A of the Indian Penal Code that deals with Sedition, keeping in perspective the need and intention behind bringing this law up. This study tries to maintain the balance between protecting national interests and the protection of fundamental rights of the citizens. This paper provides a comprehensive understanding of various case laws and jurisprudence and throws light on the rights of the citizens. This paper contributes to the ongoing debate on the implementation of Sedition law and how it is used as a political tool in the age of democracy that results in intense infringement upon the fundamental rights of the citizens Keywords Article 19(1)(a) of the Indian Constitution 124 of the Indian Penal Code Democratic values and ethos & Violence against the State Vinod Dua case, Kedar Nath case, Toolkit case, Introduction To provide a context for this paper, the analysis is laid upon Sedition, which is a section in I.P.C. used to punish people who invoke violent rebellion against the Government and upon Article 19 of the Indian Constitution that strives to protect the freedom of Citizens to freely express and speak in the ‘Democracy’ which works for the people, by the people, and of the people. By acknowledging that Fundamental Rights are not absolute and come with certain limitations and restrictions, the paper reminds us of the fact that this section is no longer used for national interests; instead, it became a political tool to stifle political dissent. By uplifting the democratic values and ethos, it must be realized that the views of the Demos will be the backbone of the democracy! To realize this fundamental truth, a shield is provided to protect the liberties of people; Article 19 was drafted. In a wider context, the dynamic between sedition laws and Article 19 has given rise to important questions regarding the delicate balance between the government’s power to preserve law and order and the freedom of citizens to express their views without the threat of prosecution. Historical Background Of Sedition The origins of the sedition law within the Indian Penal Code (IPC) can be traced back to the colonial era when the IPC was first introduced in 1860 under British rule. Section 124A, specifically addressing seditious activities, was incorporated with the primary aim of quelling dissent and thwarting challenges to British colonial authority.1 During that period, the British colonial administration frequently encountered opposition and protests from Indian nationalists who were advocating for independence and self- governance. Section 124A was introduced as a means to stifle dissent and categorize those advocating for freedom as seditious individuals. The underlying objective of introducing the sedition law into the IPC was essentially to safeguard the interests of the colonial government by suppressing any form of protest, criticism, or opposition. The British authorities aimed to maintain control and order in India, deeming any expression of dissent as a direct threat to their dominion. Consequently, Section 124A was employed as a tool to target individuals or groups who dared to voice objections against the British government, its policies, or its actions. Although the colonial era concluded with India’s attainment of independence in 1947, Section 124A remained embedded in the IPC, and independent India retained this provision. Over the years, this law has been invoked in various instances, sparking debates about its relevance and its alignment with the principles of a democratic society. Critics argue that the sedition law can be vulnerable to abuse, allowing the suppression of legitimate dissent and encroaching upon the fundamental right to freedom of speech and expression, a right enshrined in the Indian Constitution. The wording of s.124A effectively criminalizes any form of expression or behavior that may be perceived as fostering contempt or disaffection toward the government. This lack of precision creates opportunities for abuse and selective application, often targeting political adversaries. Over the years, governments have employed the sedition law selectively to suppress voices critical of the ruling regime, particularly singling out activists, journalists, and political opponents. Originally intended to quell anti- colonial sentiments during the colonial era, the sedition law has since been transformed into a tool for stifling dissent in independent India. Its wide-reaching language and unclear provisions have made it susceptible to misapplication, intensifying concerns about striking a balance between national security and safeguarding freedom of expression in a democratic society. 1 Indian Penal Code, 1860, §124A. When Can A Person Be Arrested Under Sedition? It was held in Zakir Hussian vs. Union Territory of Ladakh that a person could be arrested under §124A when it is established that the words, whether spoken or written, along with signs or visible depictions, had the potential or the purpose of inciting public turmoil or the disturbance of public tranquility through the provocation of unlawful conduct.2 Procedural guidelines were laid down by the court in this court when charges are imposed on an individual under §124A. An individual may face arrest for sedition under the following circumstances: Expressing Hatred or Contempt: If a person, through spoken or written words, signs, or visible representations, fosters a sense of hatred or contempt toward the legally established Indian government, they may be subject to sedition charges. Inciting Disaffection: When an individual’s expressions, in any form, are perceived as an effort to provoke disaffection, which entails feelings of disloyalty or disapproval, against the Indian government, it can result in a sedition arrest. In brief, in India, an individual may face sedition charges if their words or deeds are perceived as stirring
ONE NATION ONE LAW (UCC)
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:- 3 ISSUE NO:- 3 , september 30, 2023 ONE NATION ONE LAW (UCC) Authored by :- G ASHOK KUMAR One nation one law (UCC) this word bring unity in the the country. at the same time this word bring contravacy also . the Uniform civil code means one law for hole india people irrespective of religion, caste, gender, economic stutas , they all have a right to equal before law this rights provide by the Indian constitution. Than why the UCC had more contravacy in India. There is a possibility to implement UCC in the secular country . World biggest democratic country we have so many religions in that every religion have their own laws there own way that special laws applicable to only particular group of people who are following the particular culture customs or region customs. personal laws means defined as a law that applies to a certain process or group of people or a particular persons based on the religion faith culture . There believes decided there state of law. Like in Islam,bhudhism, Cristian, and etc. Example in adoption and marriage, diverse and another thing maintenance this things depends on that which religious culture are following they. In this adoption ,,maintenance, marriage , diverse we have different laws by the different religion in our country because of this people or approaching the courts for violation of their fundamental rights provided by the Indian constitution. Fundamental rights are have without any difference between the people who are living in India there all have same fundamental rights under the Indian constitution. This is also one kind of guardian for the peoples History of UNIFORM CIVIL CODE In 1835 second law commission Under the British government they are submitted that there is a need of codification of Indian laws. According to the Indian constitution the people of india have equal rights irrespective of religion, caste, gender, economic stutas they disserve the naturel justice by the Indian courts. After the independence we drafted constitution with social justice, democratic and truly welfare of the people are n our constitution part-4 of article 44 they provide the introduction of UCC were if country is ready then we can adopt the concept of one nation one law . In our constitution provides fundamental rights for people who are living in across India . If they effect there fundamental rights they can approach the Indian courts according to the article 226 High court and article 32 supreme court for violation of fundamental rights. Courts protect the people rights In in the starting we don’t have any special laws on the equivalent concept. In 1835 first case command to the supreme court then after the two cage landmark judgement about everyone equal before law. Front of supreme court bench the accepted the challenge of shabano case also known as a Mohammed Amed khan V Shabano Begum. In this case supreme court says all are equal before law. Wife was filled case on husband for maintenance. In Muslim law there is no provision for this and shabano was approach the High court to seeking maintenance. In this case the supreme court’s held that there is no chance to escape in fundamental rights irrespective religion cast gender etc. This is also called as open eye case. Law commission of India started here research reasurch on this and 22 law commission was submitted report in 2020. Indian commission also suggested that we need UCC. In other prospective uniform code code was not correct India because lack of education and another thing is the diversity in our country so this is not possible without any this opinion was there which people is opposing this UCC . After so many years central government took their manifesto with the ucc. In 2014 the central government took in their manifest that CAA , article 370 triple talaq, ucc they will implement this laws . And central government introduced UCC bill but so many opposite parties was strictly this concept. An article 29 of the constitution says that protection interest of minorities who are living in India having there own culture, customs, language etc Some states and countries are implementing uniform civil code in Goa majority members are Hindus and minorities are Christians. 65% of Hindus and rest of peoples are Christians. There successfully implement of UCC because of majority peoples opinions. Some countries are following and implementation of uniform civil code in US , Malaysia, irland, and Egypt . In this they have majority peoples belongs to on religion and our country is totally different from the other countries we have multiple types of religions, Myths, Believes and the this one of reason all countries respecting our country. In fact they respect our country because of diversity. 22 law commission also submitted report in the fever of UCC . The former justice of Karnataka High court Ritu Raj Awasthi and another member submitted report that UCC will change better to Indian structured some intellectual also says that if one law ruled by our country there must be developed unity and there is no inequalities in our country.article 44 of the Indian constitution provides the guidelines for UCC In another case the supreme court again instruct to make law the case is Arunachal gounder v ponnusamy in this case the supreme court held that property of the father shares divided equal to all including daughters have equal rights on the father’s property whether it is purchase property or it is grandfather’s properties. The daughter have equal right on the property with brothers in many situations the supreme court has instructed to the government to introduce a ucc bill and make a special law for the sake of people. But the question is whether this law right or wrong for the our country that contain 143 million peoples emotions , culture, religion, customs and etc they are followed there own culture, customs continue in the from Asianet
ABROGATION OF ARTICLE 370 :
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:- 3 ISSUE NO:- 3 , SEPTEMBER 23 ,2023 THE LAWWAY WITH LAWYERS JOURNAL ABROGATION OF ARTICLE 370: PARLIAMENT’S BLITZKRIEG TO FORGET A PAST PROMISE Anna Mariam Ramacha Thykkadavil 5th semester, 3-year unitary LLB Government Law College, Thiruvananthapuram Mittu Santhosh 7th semester, 5-year BA LLB Government Law College, Thiruvananthapuram TABLE OF CONTENTS SL.NO CONTENTS PAGE 1 Introduction 1 2 Brief Facts and Procedural History 2-4 3 Unconstitutional Ventures on 5th August 2019 4-7 4 Conclusion 7 ABROGATION OF ARTICLE 370 : PARLIAMENT’S BLITZKRIEG TO FORGET A PAST PROMISE Jammu and Kashmir – a Princely State of serene beauty that later stood amidst our neighbour, culturing chaos and nourishing critical international attention. After a year-long confusion and turmoil, since the Indian Independence of 15th August 1947, the Princely State of Jammu and Kashmir acceded to India by an ‘Instrumentality of Accession’ on 27th October 1947.1 On 5th August 2019, the storyline takes a deviation after seven decades by a few historic measures made by the Union Legislature and Executive. First, a Presidential Order to provide interpretation rules for provisions in the Constitution related to Jammu and Kashmir. Second, aa Statute was brought forth bifurcating the then Union Territory of Jammu and Kashmir into Jammu and Kashmir, and Ladakh; Third, a resolution for repealing Article 370 of the Constitution of India that had given special status to Jammu and Kashmir.2 To suppress any dissent and media coverage of what really happened at the state affected, the Centre immediately imposed internet breakage, communication clampdown, continuous blockade on the free flow of information by media, detention of opposing youth and political leaders, and imposition of s.144 CrPC.3 The methodology is identical to Blitzkrieg – an attacking scheme inculcating speed, vigour and surprise, used by the German military to win WWII, but this time, to win over the past and the future; to portray themselves as the leadership who corrected the historic blunder as they say to become ‘saviour’. P MENON, ‘INTEGRATION OF THE INDIAN STATES P.P 397-400; Gandhi, Patel pp.442- 444 Press Information Bureau Government of India, ‘Two Bills and Two Resolutions passed in Rajya Sabha unanimously; New Delhi; August 5, 2019 The Wire, ‘Crippling Communication Clampdown Takes a Toll on Kashmir’s Districts Reporters’; Majid Maqbool, October 26, 2019, Brief Facts and Procedural History The once scattered territories were unified as a single state by the Dogra clan from Jammu in the nineteenth century, who later conquered Ladakh in 1830s. They then conquered Kashmir Valley in 1840s. They moved into Gilgit by the end of the century. Thus the state of Jammu and Kashmir came into existence.4 In 1947 this princely state of 84,471 miles was ruled by Maharaja Hari Singh, a Hindu, who ascended the throne in 1925 to rule over a Muslim majority population (almost 53%). There was oppression, biased governmental appointments and other corruptions favouring Hindus. As his fourth and youngest queen complained, he just sits surrounded by fawning courtiers and favourites, and never really gets to know what is going on outside.5 Thus an All-Jammu-Kashmir Muslim Conference was constituted in 1932, which later came to be called National Conference with Sheikh Abdullah as its lead and included Hindus and Sikhs this time. It wanted to stand against the unaccountable nature of the Maharaja.6 The princely state was offered two choices- to join either India or Pakistan. As the state shared borders between the two dominions, the strategic importance was at its peak. On 15th July 1946, Maharaja stated that the Kashmiris would ‘work out our own destiny without dictation from any quarter which is not integral part of the State’.7 Lord Mountbatten and even Mahatma Gandhi’s visits failed absolutely. The situation got into utmost stress during October 1947, when tribes force of Pathans from Pakistan crossed the border, briskly made their way towards Srinagar and then to Uri, Mahuta and Baramulla.8 RAMACHANDRA GUHA , ‘INDIA AFTER GANDHI’, Chptr 4: ‘A Valley Bloody and Beautiful’ pp 60, Alastair Lamb, Kashmir: A Disputed Legacy, 1846-1990 (Karachi: Oxford University Press, 1992) Karan Singh , ‘Autobiography’ revised edn (Delhi: Oxford University Press, 1994), pp 18-19 RAMACHANDRA GUHA , ‘INDIA AFTER GANDHI’, Chptr 4: ‘A Valley Bloody and Beautiful’ pp 61 RAMACHANDRA GUHA , ‘INDIA AFTER GANDHI’, Chptr 4: ‘A Valley Bloody and Beautiful’ pp 62 RAMACHANDRA GUHA , ‘INDIA AFTER GANDHI’, Chptr 4: ‘A Valley Bloody and Beautiful’ pp 64 They were armed with modern weapons,wore the battle dress of regular soldiers and used the tactics of modern warfare.9 The aim of the attack was to foment an internal revolution in Kashmir.10 On 24th October Maharaja wired Indian Dominion for military assistance. After a few Defence Committee meetings in New Delhi, listening to suggestions by Lord Mountbatten, that “it would be best to secure Hari Singh’s accession to India before committing any forces to his defence, otherwise Indian troops would be entering a foreign country”, V. P Menon took the flight to Kashmir where Maharaja had taken refuge. Maharaja agreed to accede at once. Menon took the signed Instrument of Accession back with him to Delhi.11 Thus, by virtue of the Instrument of Accession of Jammu and Kashmir, Shriman Inder Mahendra Rajrajeshwar Maharajadiraj Shri Hari Singh, Ruler of Jammu and Kashmir acceded to the Dominion of India. The major conditions made were that, the subject matter related to Schedule I (defence, external affairs, communications and ancillary matters including elections) can only be legislated by Dominion Legislature; the terms shall not be varied by any Amendment or Indian Independence Act, 1947 unless accepted by Maharaj by supplementary Instrument; land acquisition cannot be done by Indian Dominion, except for Schedule I but only on its own expenses; also, this Instrument is not a commitment to accept future Indian Constitution.12 At dawn on the 27th October, the first plane left Delhi for Srinagar with troops and arms aboard and more than a hundred planes followed, carrying soldiers and supplies and bringing back
WHY UNIFORM CIVIL CODE IS AN CONFLICTING ISSUE:
THE LAWWAY WITH LAWYERS JOURNAL VOLUME:- 3 ISSUE NO:- 3 , September 17, 2023 Authored by :- Roushni singh WHY UNIFORM CIVIL CODE IS AN CONFLICTING ISSUE: :ABSTRACT: The implementation of UCC came with the idea to provide benefits to all individuals. But it does have some character in it to violate fundamental rights . The particular chapter will be dealing with respect to the constitutional approach . It means , it will describe where it strengthens constitutional rights and where it is violating constitutional rights .Majorly, it will be talking about important articles under fundamental rights , which will be violated because of UCC. it will even deal with the articles and cases , where it leads to infringement of rights. It may be because of implementation of UCC in positive or negative ways. It will deal with why it is not part of fundamental right , is it constitutionally justified by keeping the articles of fundamental rights in mind ,how it violates the rights , how it provides overall benefit to our nation and at the end concluding with famous case law shayara bano vs. union of India and sarla mudgal vs. union of india :KEYWORDS: ARTICLE 44 (UCC) DIRECTIVE PRINCIPLE OF STATE POLICIES GENDER EQUALITY RELIGIOUS PERSONAL LAWS CONFLICT WOMEN RIGHTS SHAYARA BANO AND SARLA MUDGAL CASE ANALYSIS :BACKGROUND: Uniform civil code is a controversial topic and pending topic of discussion for a long time. The discussion was much in need after independence. But everytime this results in nothing after a long topic of discourse. After the arrival of the Bharatiya janata party in power, the topic started to come into light. The Bharatiya Janata party had incorporated the uniform civil code in their party manifesto. So it was very likely to be anytime come to discussion in parliament if the bharatiya janata party is again form its government in India as it was part of their manifesto. There was huge support for this topic from all right wing political parties and now eventually time has arrived where it is about to come into existence in India. This topic of UCC implementation has been used by many BJP’S political leaders during their election campaign. Recently Prime minister mr. NARENDRA MODI talked about the issue while addressing party workers in bhopal and moreover the law commission of India even working to collect the report regarding it in order to implement it efficiently. BJP MP sunil kumar singh presented a private membership bill for UCC in parliament on 28 july 2023. Since then it has been in controversy as the opposition party, religious leaders , state parties and some NDA allies are not even happy with the decision of adopting UCC. : BRIEFING ABOUT UNIFORM CIVIL CODE : Uniform civil code refers to a set of laws which is common for all citizens, irrespective of their religion,class, sex, region, ethnicity etc. It majorly deals with personal law, which is even civil law. The main objective of this law is to replace diverse personal law existing in the country , especially to tackle unnecessary differences and discriminatory personal law existing in all religions and communities. The uniform civil code aim is to give a common legal framework and platform in all aspects of law. It establishes equality, justice and uniformity among people belonging to different religions and ethnicities. It ensures equal rights to all , which create harmony in society . Personal law includes law regarding marriage, adoption ,divorce,inheritance, and adoption, which UCC basically talks about unifining it. If we see this law with respect to India, it has a very diverse understanding as the law is also discriminatory to the region , where it is uniform along with the places , where it is not uniform. For instance: the state of Goa follows uniform law, but still the law is discriminatory and patriarchal in nature. The law in Goa gives rights to men to practice bigamy , it allows hindu men to have two wives with certain fulfillment of the condition. It doesn’t directly legalize bigamy but allows it with certain conditions. Like, if women could not conceive any child at the age of 21 or could not give birth to male child at the age of 30. Then the hindu men in goa have a right to marry second women. It is being said that the concern of the first wife is mandatory to marry the 2nd wife even after the above condition. It has been often observed that the 1st wife is often compelled by society to give her consent. Whereas in other parts of India, where the hindu family law is applicable and practiced, it does not allow any hindu men to marry a second wife when the first wife is alive and not divorced yet. It means no bigamy is being practiced. It is more diverse in the sense that it allows muslim men to practice polygamy , where they can keep four wives with them. Earlier it even allowed husbands to enjoy divorce right over undermining their wife or wives right. They had the privilege of triple talaq , which used to allow muslim men to give divorce to their spouse anytime and anywhere. Their issue and concern are often being dealt with by a personal law committee , which is often biased and patriarchal in nature. That’s why the implementation of the UCC is a contentious issue as it includes religious freedom, cultural practices , and rights of the individuals with the idea of harmonizing personal law and promoting social cohesion. The adoption or enforcement of uniform civil code can differ from one nation to another as it depends upon the existing legal system of the particular country, political scenario , societal consideration and many more things. Here , the personal law often deals with the cases related to marriage,adoption,inheritance,divorce and succession. It’s many times found to be discriminatory and
Uniform Civil Code and Its Importance
VOLUME :- 3 ISSUE NO :-3 September 10, 20023 Name of the author- Gautam Choudhary Theme- Uniform Civil Code in India Title- Uniform Civil Code and Its Importance Sub topics- College- Amity Law School Programme- BBA LLB (H) 5th Semster Uniform Civil Code and Its Importance Introduction The concept of a Uniform Civil Code (UCC) in India embodies the aspiration for a standardized legal framework that would be applicable to all citizens, irrespective of their religious affiliations, in matters concerning marriages, divorces, adoptions, and inheritance. It seeks to replace the divergent personal laws rooted in religious scriptures, statues, and customs that have long shaped the legal landscape in the country. In today’s progressive era, characterized by a move towards inclusivity and equality, biases based on religion, class, caste, and gender are increasingly being challenged. In this context, the notion of a secular community where discriminatory opinions and thinking have no place gains significance. Secularism is a vital aspect that underpins the drive for uniformity, as represented by the UCC. Yet, the implementation of a UCC remains a contentious topic in India, marked by resistance from various religious groups, particularly Muslim communities. Historical Background The historical foundations of the UCC can be traced back to colonial India, during which the British government recognized the need for codifying Indian laws, including those concerning contracts and crimes. Notably, the British government suggested excluding the personal laws of Hindus and Muslims from this codification. As the colonial era progressed, there was a growing legislative focus on personal issues, which culminated in the formation of the B.N. Rau Committee in 1941. This committee was tasked with the codification of Hindu Law, an effort aimed at examining the need for common Hindu laws. The resulting codification, in accordance with scriptural tenets, introduced provisions that granted women equal rights. Furthermore, the Hindu Succession Act of 1956 represented a significant milestone, granting greater property rights to women, particularly within the context of inheritance. Impact on Hindu Law The Hindu Succession Act of 1956, influenced by the recommendations of the Rau Committee, addressed the concerns of inheritance among Hindus, Buddhists, Jains, and Sikhs. The Act sought to rectify gender imbalances and inequalities that had long characterized Hindu personal laws. Key amendments introduced in 2005 further enhanced the rights of female heirs, ensuring that daughters were entitled to the same share of inheritance as sons. However, it’s important to note that separate personal laws continued to be applicable to other religious communities such as Parsis, Christians, and Muslims. Article 44 and the Directive Principles The foundation of a UCC rests on Article 44 of the Indian Constitution, which is a part of the Directive Principles of State Policy. Article 44 calls for the state’s efforts to secure for its citizens a uniform civil code throughout the country. Despite more than six decades since its incorporation, the implementation of a UCC has remained elusive. Article 44 was introduced with the aim of achieving a balance between protecting the rights of vulnerable groups and fostering cultural cohesion. During the process of framing the Constitution, Dr. B.R. Ambedkar articulated the desirability of a UCC that was voluntary in nature. While Article 44 embodies this vision, other articles, namely Articles 25-28, grant Indian citizens the freedom to practice and manage their religious affairs independently. Thus, Article 44 stands as a directive principle, leaving it to the government’s discretion to enact relevant laws. Importance of a Uniform Civil Code The necessity for a UCC is underscored by several factors. In a modern world that emphasizes equal rights for all citizens, the promotion of gender equality, the alignment of young minds with progressive thought, and the fostering of national integration are paramount. Achieving these objectives necessitates a UCC that transcends the centuries-old dominance of men over women. While the British colonial rulers codified various laws related to contracts, property, and crimes, they refrained from intervening in religious and cultural matters. As a result, personal laws pertaining to marriage, family, and inheritance persisted largely unchanged. The inclusion of Article 44 in the Constitution represented a forward-looking perspective, anticipating the eventual implementation of a UCC. However, this vision has yet to be fully realized even after more than six decades. A Global Perspective A compelling point of consideration is that almost every country, except India, has a uniform civil code applicable to all citizens. The implications of a UCC go beyond mere legal standardization. When effectively enforced, it has the potential to eliminate discrimination based on religious beliefs. A significant concern in this regard is the suppression of women’s rights within religious contexts. A prime example of this is the Mohd. Ahmed Khan v. Shah Bano case. In this landmark case, the Supreme Court ruled that a divorced Muslim woman was entitled to maintenance under Section 125 of the Code of Criminal Procedure, 1973, even after the completion of her iddat period. However, the subsequent political response and enactment of controversial laws underscore the tension between personal laws and gender equality. Equal Treatment and the Principle of Uniformity A fundamental principle underlying a UCC is the guarantee of equal treatment for all citizens, irrespective of their religious affiliations. Article 14 of the Indian Constitution enshrines the concept of equality before the law and the courts. However, existing legal frameworks based on religion create a paradox wherein individuals of different faiths are subjected to dissimilar laws. For instance, while a Muslim man is permitted to have multiple wives without legal consequences, individuals from other religions face legal sanctions for practicing similar actions. This incongruity reflects a lack of true equality and highlights the imperative for a UCC that addresses such disparities comprehensively. Modernization and Eradication of Discrimination The implementation of a UCC holds the potential to usher in an era of modernization and eradicate caste and religious agendas from politics. While India has made significant strides in economic
IMMORAL HUMAN TRAFFICKING
VOLUME :- 3 ISSUE NO :-3 September 2, 20023 THE LAWWAY WITH LAWYERS JOURNAL IMMORAL HUMAN TRAFFICKING BY:-SHRUTI DIXIT Introduction: Human trafficking is a criminal offense that involves the recruitment, transportation, transfer, harboring, or receipt of persons through force, coercion, or deception for the purpose of exploitation. Laws related to human trafficking vary from country to country, but they generally focus on preventing, prosecuting, and providing assistance to victims of trafficking. These laws can cover various aspects of human trafficking, including prevention, investigation, prosecution, and victim support. Many countries have ratified international agreements that address human trafficking, such as the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (commonly referred to as the Palermo Protocol), which supplements the United Nations Convention against Transnational Organized Crime. Constitutional & legislative provisions related to Trafficking in India The Constitution of India: While the Indian Constitution does not explicitly mention “trafficking,” certain fundamental rights and directive principles are relevant to combating trafficking: Article 23: Prohibits trafficking in human beings and forced labor. It states that “traffic in human beings and beggar and other similar forms of forced labor are prohibited, and any contravention of this provision shall be an offence punishable in accordance with law.” Article 39: Part of the Directive Principles of State Policy, it mandates that the State shall direct its policy towards securing that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity. The Immoral Traffic (Prevention) Act, 1956 (ITPA): The ITPA is the primary legislation in India dealing with trafficking for commercial sexual exploitation. Protection of Children from Sexual Offences Act, 2012 (POCSO Act): The POCSO Act addresses sexual offenses against children, including trafficking for sexual exploitation. It provides comprehensive provisions for the protection of children and their rights. Bonded Labour System (Abolition) Act, 1976: While not exclusively addressing trafficking, this act is relevant as it addresses forced labor and debt bondage, which are often interconnected with trafficking situations. Juvenile Justice (Care and Protection of Children) Act, 2015: This act is relevant to trafficking situations involving children as it provides for the care, protection, and rehabilitation of children in need of care and protection. Criminal Law (Amendment) Act, 2013: This amendment brought changes to various sections of the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and the Evidence Act to strengthen laws related to sexual offenses, including trafficking for sexual exploitation. The Prohibition of Child Marriage Act, 2006: While not specifically addressing trafficking, this act is relevant as child marriage can often be linked to trafficking and exploitation. Measures taken by Government of India to Prevent and Combat Human Trafficking Legislative Framework: Immoral Traffic (Prevention) Act, 1956 (ITPA): This act criminalizes trafficking for commercial sexual exploitation and provides for the rescue, rehabilitation, and reintegration of victims. Protection of Children from Sexual Offences Act, 2012 (POCSO Act): This act addresses sexual offenses against children, which are often related to trafficking. It provides for the special needs of child victims and witnesses during legal National Plan of Action against Trafficking and Commercial Sexual Exploitation of Women and Children (2016): This plan outlines a comprehensive strategy to prevent trafficking and provide support to victims. It focuses on prevention, rescue, and rehabilitation, and involves coordination between various government departments, NGOs, and international organizations. Anti-Human Trafficking Units (AHTUs): AHTUs have been set up across various states and union territories in India. These units are responsible for investigating trafficking cases and coordinating efforts with other law enforcement agencies. 5. Swadhar and Ujjawala Schemes: Swadhar Greh Scheme: This scheme provides shelter and rehabilitation for women in difficult circumstances, including victims of trafficking. Ujjawala Scheme: This scheme focuses on the prevention, rescue, rehabilitation, and reintegration of victims of trafficking for commercial sexual exploitation. It provides for the economic and social empowerment of survivors. One-Stop Centre’s (Sakhi Centres): These centers provide integrated support and assistance to women affected by violence, including They offer medical, legal, psychological, and vocational support to survivors. Beti Bachao Beti Padhao (Save the Girl Child, Educate the Girl Child): While not exclusively focused on trafficking, this initiative aims to address gender discrimination and improve the status of girls in society. It indirectly contributes to preventing trafficking by promoting education and empowerment of girls. Raising Awareness: The government conducts awareness campaigns through various media to educate people about the dangers of trafficking and how to prevent it. International Collaboration: India collaborates with international organizations, neighboring countries, and global initiatives to address cross-border trafficking Strengthening Law Enforcement: Efforts are made to train law enforcement agencies to effectively handle trafficking cases and to ensure proper victim protection. India implemented International Conventions on Trafficking India has ratified and implemented several international conventions and protocols related to trafficking in persons. These agreements aim to strengthen the legal framework and cooperation in addressing human trafficking. Here are some of the key international conventions on trafficking that India has ratified and implemented: United Nations Convention against Transnational Organized Crime (UNTOC): India is a signatory to the UNTOC, also known as the Palermo Convention. This convention provides a comprehensive framework for addressing various forms of transnational organized crime, including human trafficking. It includes three protocols: Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children: Commonly referred to as the Palermo Protocol, this protocol aims to prevent and combat trafficking in It requires countries to criminalize trafficking, protect and assist victims, and promote international cooperation. SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution: India is a member of the South Asian Association for Regional Cooperation (SAARC) and is a party to this convention. The convention focuses on preventing and combating trafficking within the SAARC region. ILO Convention No. 29 and No. 105: India is a party to the International Labour Organization (ILO) Convention 29 and No. 105. While not specifically focused on trafficking, these conventions
Article 14, 19, 21 –[Fundamental Rights In Indian Constitution]
THE LAWWAY WITH LAWYERS JOURNAL VOLUME-2 ISSUE NO:- 2 , August 27, 2023 Article 14, 19, 21 –[Fundamental Rights In Indian Constitution] INTRODUCTION Fundamental Rights are basic rights that are both legal and human rights with a small line difference & comprised in part III of the Indian Constitution. The Fundamental Rights are meant for promoting political democracy. Fundamental Rights aim at establishing “ a government of laws and not of men. Because these rights are guaranteed against state action against the citizens of India. They are not absolute as some restrictions are imposed by the State including national security, public order, contempt of court, etc. But the restrictions imposed on These rights should be reasonable and decided by the court. There are six fundamental rights which are the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to Constitutional Remedies. Constitution provides for their Suspension during the emergency made by the President according to Article 358. Articles 14,20,21,22,25,26,27,281 are available to noncitizens also. Article 14, Article 19, and Article 21 are known as the golden triangle of the Indian Constitution. Because they provide full security, abolishing inhuman practices. & Provide meaningful life to the people and automatically brings harmony among all the citizens. 1 Gaurav Mehta, Guide to LL.M. Entrance Examination Pg. 510 (LexisNexis 2021) Article 14, 19, and 21 as Golden Triangle Article 14:- It is the First Fundamental Rights that talks about equality. This Fundamental Right ensures the guarantee to every citizen of India. This right permits classification but prohibits class legislation and It gives rights to non-citizens also. This means all the citizens will be treated as equal and there will be no discrimination and everyone will get the same punishment for the same crime but there are certain exceptions to the right to equality. According to Article 361, the President and governors shall not be exceptions about their exercise of powers and duties of their office from any court Article 14 provides equal protection of laws to both citizens and non- citizens & to natural and legal persons. Features Of Article 14 Equality Before Law Article 14 states that in the eyes of law all people should be treated equally and it does not matter whether they are poor or rich, male or female, Hindu or Muslim. Equality before the law means equality in the eyes of the law. 2) Applicable To All People Article 14 guarantees equality to all persons including citizens, corporations, and foreigners which means it is not limited to So this Article treats all people the same in the eyes of the law. 3) Access To Justice All the citizens have equal access to justice which means they can demand justice at any appropriate time which should be non-discriminatory. 4) Equal Protection Of Laws Every Citizen and non-citizen gets fair and equal protection from the law. which means there should be equal treatment when the circumstances are the same. 5) Not Absolute Article 14 is not There are certain exceptions for the betterment of citizens. Case Law:- E.P. Royappa V. State Of Tamil Nadu 19742 In This Case, the Supreme Court formulated a new doctrine for the reason that “ Equality is a Dynamic Concept, which means it cannot be confined within traditional limits. As with changing times needs of the society will change so the concept of welfare will change and equality before the law does not mean rule of law because equality before law includes the principles of Natural justice, so the court interprets the equality of law as a widened concept. Article 14 is against arbitrariness and state cannot act as arbitrary because equality and arbitrariness are sworn enemies & ensures fairness and equality of treatment. So if the state’s action is arbitrary than it will be considered as a violation of Article 14. 2 E . P . Royappa V. State Of Tamil Nadu, AIR 1974 SC 555 3 Kharak Singh V. State Of Punjab AIR 1963 SC 1295 Article 21 :- Article 21 declares that no person shall be deprived of his life or personal liberty except according to the procedure established by law. This Right is available to both citizens and non-citizens. It is included in Part III of In the Indian Constitution and this Article can not be suspended even in case of emergency after the 44th Amendment Act . The Government of India Act , 1935 provided for the establishment of Articles 21 of the Indian Constitution. This Article is described as the “ Heart of Fundamental Rights.’’ It includes two rights, The Right to life and The Right to personal liberty. Right to life claims that everyone’s right to life shall be protected by law. It doesn’t mean animal existence or the mere act of breathing. & Right to personal liberty states personal liberty which means the freedom of the individual to do as he pleases. And the scope of the right to personal liberty is wide and can not be covered within a limit as per provided under Article 21(3). Q Why Articles 14, 19, and 21 called Golden Triangle Of the Indian Constitution Case:- Maneka Gandhi V. Union Of India &Anr 1978 4 Facts of the case:- Petitioner Maneka Gandhi is the holder of the passport issued to her on June 1, 1976, under the passport Act, 1976. The petitioner received a letter on 4 July 1977 from the regional passport officer, which claims that she requires to surrender the passport under 10(3) (C) within seven days from the date of receipt letter so the petitioner asks for the statement of reasons for making such order as provided in Section 10(5) but the reason for surrendering her passport was not provided so The petitioner approached the supreme court by invoking its writ jurisdiction. Decision Of The Court:- It was held that