Monthly Archives: June 2011

EUTHANASIA-Legal Position

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EUTHANASIAEuthanasia means the practice of helping severely-ill people die, either at their request or by taking the decision to withdraw life support. It also means the termination of life by a doctor at the express and voluntary wish by a patient. The practice of illegal euthanasia is increasing at a very high rate in the recent times which required many of the foreign Govt. to establish stringent rules and regulations with regard to the same. These laws in foreign countries allow euthanasia which requires the doctors practicing it to possess a reasonable standared of care and caution along with skill. With regard to the law in Holland, it does not make other citizens eligible for euthanasia. Taking into consideration the other European countries, it again puts up a huge prohibition upon euthanasia even if the patient wants to die and, as a matter of public policy the consent of the victim cannot be raised as a defence against the same.

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JUSTICE DELAYED IS JUSTICE DENIED

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JUSTICEBapi Adhikari, is finally freed from the jail after 9 years of imprisonment after him being awarded a life imprisonment for murder case – despite of him being a juvenile. The Agartala bench of Guwahati High Court overturned the decision of the lower court and granted freedom to Adhikari who is now in his mid-twenties to whom justice had been denied.

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CBDT retains right to tap phones of tax evaders

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The Central Board of Direct Taxes (CBDT), the controlling authority of Income Tax CBDT to tap phone department, will continue to have the right to tap phones of tax evaders on specific information, According to the sources from the department its vital for the revenue department to have this power as all crimes were linked with financial transactions. CBDT was given the power to tap phones during the tenure of P Chidambaram as finance minister in 2005-06. After the leakage of phone taps linked to corporate lobbyist Nira Radia to the media, the government this year decided to review tapping powers to agencies.  The matter was discussed by a committee of secretaries whether tapping powers should be withdrawn from CBDT. It was later left to the home ministry and the finance ministry to take a decision on the issue.

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Government denies of delaying the Lokpal bill

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Lokpal Bill The Government denied of allegations that it is unnecessarily delaying the Lokpal bill to be drafted. But the Home Minister P Chidambaram said the government is not causing any delay but have widened the consultations so that it can take the views of every one who may come within the ambit of the bill. He said there are differences even within the members representing the civil society regarding the bill. Kapil Sibal addressing the same issue said that no one including the media and civil society should be questioning the intentions of the government as it would only cause more friction in completing the task of drafting the bill. The last meeting on the bill ended up with no decision made as the government was very critical about including the Prime Minister in the bill which it claims would make him dysfunctional.

Riots draft bill

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The proposed bill to prevent communal violence in the country drafted by National Advisory Council led by Sonia Gandhi has become a case of over reach. The bill which was well intentioned which  armed Centre with runaway powers to intervene in state affairs, creation of overlapping authorities and selective definition of victims for its effective implementation needs to make drastic changes in the Indian Constitution. The proposed bill calls for changes in the federal principles set out in the Constitution’s seventh schedule that distributes legislative powers between the Centre and the states. Bill also flaws in making out a definition of sufferers of communal violence as a “group” comprises only of religious, linguistic or religious minorities or scheduled castes and tribes which is discriminatory as it can mean that even if a large number of majority community members bear the brunt of communal violence, they will not be victims of “targeted violence”. The proposed bill has troubling provisions like those including armed forces under the ambit of security forces charged with preventing or acting against communal forces. This not only violates the federal set up by involving armed forces in routine operations, it also affects their preparedness.

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Headley says he made a fool of Rana by involving him in the conspiracy

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David Coleman Headley David Coleman Headley told the defense lawyer for his co-accused Rana that he made a fool of his childhood friend Rana by covering his terrorist links and making him assist in the conspiracy which ended up in the 26/11 attack on Mumbai which left 160 people dead. Headley had pleaded guilty while Rana’s defense still maintains the status that he is not guilty of the charges of support for terrorism. If convicted Rana will be facing a life sentence. The trial is been closely watched from India for getting any evidence for the alleged involvement of Pakistani Government’s involvement in the attack. Headley had named a former military officer and a major from the Pakistani Army to be involved in the conspiracy and said that their superiors were unaware of the plot. Headley also revealed that the Al-Qaeda had planned to kill the CEO of the American defense contractor from Lock-Heed Martin to stop the drone attacks on militant leaders. Headley revealed this during the trial. Headley testimony comes after a deal not to face death penalty and extradition to India or Denmark where he is needed for the same charges he is facing in the US.

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EU probe into Samsung and Hitachi deals

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HarddiskAnti-trust regulators of European Union have launched an in depth probe into the two takeover bids in the computer hardware sector. The first one is Seagate technologies bid for acquiring Samsungs hard disk drive unit and the second deal under the scanner is Western digital’s bid for acquiring Hitachi’s hard drive unit. The main concern according to EU to put these deals under the scanner is the reduction of rivals in the industry. These acquisitions would reduce the number of large manufacturers in the sector to three from five. These deals if they get through would make Western digital the largest market player with 50% market share, while Seagate would be having 40% market share. After the deals the only other player existing in the market other than these two would be Toshiba with 10% of the market share. A decision whether to clear or block these deals will be made by the regulator before October 10th.

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Mladic flown to Hague to face the war crimes tribunal

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Ratko MladicRatko Mladic was extradited to The Hague who will be facing charges for crimes against humanity during the Bosnian Conflict. This action came after a Serbian court held against an appeal not to extradite him. His lawyer argued that Mladic is not fit enough to face trials. The court said that he is healthy enough to be extradited. The Serbian Government within hours from the court’s decision signed his extradition papers and sent him aboard a plane to face the trials under The International Criminal Tribunal for Former Yugoslavia. The charges include slaughtering of about 7,500 Muslim men and boys during the Srebrenica Massacre. He will now undergo a full medical examination before facing the trials. This move of the Serbian government is considered as a bid to join the European Union. After the arrest of the former Bosnian Serb leader Radovan Karadzic, Mladic was one of last prominent war crimes suspect in the Bosnian conflict to be at large. His arrest did come with protests accusing the government of its pro-western policies. Ratko Mladic to face trial.

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