ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Rakesh ShuklaSubscribe to Rakesh Shukla

Is the 'Next Friend' the Best Friend?

The Supreme Court's ruling in the Aruna Shanbaug euthanasia case seems to be solely based on the views of the nursing staff of the Mumbai hospital who have been looking after her. It totally ignores the patient's interests and turns on the legal concept of "next friend". This concept is in the context of a person who is unable to maintain a suit on her own behalf due to disability and is akin to a "guardian" legally representing a "minor". The Court considered the nursing staff to be Shanbaug's "next friend". The total denial of recognition of the right to autonomy and self-determination of a person incompetent to consent, and the usurpation by guardians or the State of determining the best interests of the patient is a hazardous course of action.

Women with Multiple Sex Partners in Commercial Context

The proposed amendments to the "immoral traffic" legislation are likely to drive sex work underground. The need is to separate consensual sex work by adults from the entry of minors and the inhuman practice of human trafficking.

Judicial Pronouncements and Caste

How has the judiciary dealt with cases relating to upper-caste humiliation of dalits, as also sati and its glorification? An examination of the judicial pronouncements of the courts delivered in the context of the SC/ST (Prevention of Atrocities) Act, 1989, the Protection of Civil Rights Act, 1955, and the Rajasthan Sati (Prevention) Act, 1987.

Rights of the Poor: An Overview of Supreme Court

The Supreme Court's recent declaration which says that the slum dwellers have no right to a notice before eviction and demolition is an indication of its attitude towards the poor. This article examines the functioning of the apex court since its inception in matters regarding the rights of India's poor.
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