Legal Archives - Vijay Foundations

“EUTHANASIA: Mercy Killing or Death with Dignity”

EUTHANASIA: Mercy Killing or Death with Dignity “Under Article 21” of the Indian Constitution- “No Person shall be deprived of his life and personal liberty except according to procedure establish by Law”, which means the State shall ensure good quality of life, livelihood, liberty and a dignified life. question as to whether the Right to Life includes the Right Not to Life or to Right to Die. Death can be defined as the Termination of life which means death which is causeda) Naturally b) Unnaturally. Further, it can be caused by the action as well as the inaction of a person. Causing the extinction of a life unnaturally by the action of oneself or someone else can be morally bad at the same time it is legally punishable. WHAT IS EUTHANASIA- Many a times life becomes very painful and unbearable so a man may wish death. This voluntary act of embracing death is known as Euthanasia or Mercy Killing or Dayamarana. DID IT EXISTED IN ANCIENT TIMES In Ancient India we find many types of voluntary death practices like Sati, Jauhars, Samadhi and Prayopaveshan (Starving to Death). According to John Locke a philosopher who stated that person have the Right to their Life, Liberty and Property which if termed as Absolute Right to Life then they must be given the Right to decide to die or to end their life in case of a terminal illness. “Naresh Marotrao Sakhre and Anrs. V/s. Union of India” the court observed the difference between Euthanasia and the suicide. Suicide was an act of self destruction to terminates one own life without the aid or assistance of any other human agency whereas euthanasia involves the intervention human agency to ends one’s life. “Gian Kaur V/s. State of Punjab” where it was held that Right to Life does not include Right to Die or Right to be killed. It was upheld that Right to Life was natural right embodied in Article 21 but suicide was unnatural termination for extinction of life and therefore incompatible and inconsistence with the concept of the Right to Life. “In Common Cause V/s. Union of India” where 5 judge bench of the Supreme Court recognized and gave sanction to Passive Euthanasia and living will/ advance directives. The implication of this was Right to Die with dignity is now a fundamental right. “In Aruna Shanbaug V/s. Union of India.” In this case how was a nurse spending over 41 years in a vegetative state as a result of Sexual-Assault, the Supreme Court of India responded to the plea to Euthanasia wherein although the court rejected the petition but allowed Passive Euthanasia in India. The Guidelines in the Passive Euthanasia is the decision to withdraw treatment, nutrition or water established that the decision to discontinue life support must be taken by Parents, Spouse or other Close Relative, or in the absence of them, by a “Next Friend”. The decision also requires court approval. ACTIVE EUTHANASIA Active Euthanasia is when a professional or another person intentionally causes a patient to die. For example, by injecting the patient by a lethal dose of a drug. PASSIVE EUTHANASIA Passive Euthanasia intentionally letting a patient die by withholding the artificial life support such as a ventilator or a feeding tube. The prima-facie distinction between active and passive euthanasia is that the former involves killing a patient while the later involves letting a patient to die. ADVANTAGES & DISADVANTAGES OF EUTHANASIA ADVANTAGE OF EUTHANASIA 1. It is a way to end an extremely miserable and painful life. 2. The Family member of the dying patient is relived of the physical, emotional, economical and mental stress. 3. The patients also have a right to refuse medical treatment. 4. It will free up medical fund of the state to help other poor and needy people. 5. It is the exercise of the fundamental right. DISADVANTAGE OF EUTHANASIA 1. Commercialization of euthanasia can take place. 2. The poor people can resort to this in order to avoid pecuniary difficulties of medication. 3. Old and destitute who are considered as burden on other people can make use of this to shelve their responsibilities. 4. It will de-value Human dignity and offend the Principal of sanctity of life. CONCLUSION For those who are facing terminal illness who are in irremediable pain and suffering, wish to exercise their right to die with dignity, a system of course should be available to them. – MAMTA SINGH SHUKLA (ADVOCATE DELHI HIGH COURT) MOBILE – 9560044035 Email Id: adv.mamtasinghshukla@gmail.com

Right to Privacy as Fundamental Right

Right to Privacy as Fundamental Right The Supreme Court of India in the case of Justice K.S Putta Swammy Vs. Union of India 2017 had declared the Right to Privacy as Fundamental Right under the Constitution of India DATA PROTECTION Digital Personal Data Protection Act (DPDP Act 2023): Data protection is the process of safeguarding important information from corruption, compromise or loss. Data is the large collection of information that is stored in a computer or on a network. The importance of data protection increases as the amount of data created and stored continues to grow at unprecedented rates. DPDP Act set nationwide standards for the handling of all types of Personal Data- “Any Data about an individual’s who is identifiable by or in relation to such data”. This includes data like an individual’s names, Phone Number and Aadhar details. It is a part of worldwide trend of Government regulating the handling of personal data. However, India’s privacy Laws does not expressly define Sensitive Data. DPDP Act Applies to all the places with in the territory of India and processing of Digital Personal Data takes place overseas but offers it good and services in India. Some of the key factors which need introspection are as follows: · Protection of Personal Data to prevent data breaches using techniques like data isolations, Encryption and access Control. · Restricting the use of Customer Data to its stated Purpose. · Forbidding the retention of Personal Data when it is no longer needed · Impact on individual in case of Data Breach granting certain right to individuals over their Personal Data. · Granting certain Right to individual over their Personal Data. The LAW aimed to bring a balance between the Rights of the user and the need for the processing of Personal Data. DATA PRINCIPLE- A Person to whom the personal data relates, children and person with disability their parents a legal guardian. DATA FIDUCIARY– A person who controls the purpose and means of handling personal data like a small business, a startup or a bank. DATA PROCESSER– A person who handles processes data for the data fiduciary. SIGNIFICANT DATA FIDUCIARY– They may be designated by Central Government keeping in consideration factors like Volume and sensitivity of the data processed or Risk to National security and Electoral Democracy. LIST OF ENTITIES: 1. Individual 2. Hindu Joint Family 3. Company 4. Firm 5. Association of person may or may not be registered 6. The State as defines under the Article 12 of the Indian Constitution 7. Other Legal Person “The Act defines personal data as any data about an individual who is identifiable by or in relation to such data. “ Data Fiduciaries must implement necessary safety measures to prevent any data breach. It may include technical and organization measures comply with the obligation and other provisions. If the Government of India had issued any notification restricting the transfer of data to any other country or business must be complied with. Right of Data Principle: 1. Right to Access- They can request the detail. The details of all data fiduciaries and data processors with whom their personal data is shared. 2. Right to Correction– · Correct in any inaccuracies · Update their personal data · Complete their personal data Requests have to be fulfilled within reasonable time. 3. Right to Erase- The personal data can be deleted. 4. Right to Grievance Redressal- They resolve and issues regarding an act or commission of Data fiduciaries. Obligation or the enforcement of the data fiduciaries rights. Unless the data principle fails to get their grievance redress though this mechanism they can approach data protection board. 5. Right to Nominate- In the event of Death, Unsoundness of Mind or infirmity of Body. 6. Right to Revoke Consent- It can be revoked any time though they should bear any consequences arising from such revocation. Nature of violation/breach Penalty Failure to implement security safeguards Up to INR 250 crores (~ $30.213 million) Failure to notify a breach to the board Up to INR 200 crores (~ $24.17 million) Non-compliance with the special provisions regarding children Up to INR 200 crores (~ $24.17 million) Non-compliance with the obligations of SDF Up to INR 150 crores (~ $18.127 million ) Non-compliance of obligations by the data principals Up to INR 10,000 (~ $120) Violation of any voluntary undertaking if any Up to the extent applicable to that breach Violation of all other provisions than mentioned Up to INR 50 crore (~ $6 million) POWER AND OBLIGATION OF CENTRAL GOVERNMENT: 1. Without consent: If a processing is necessary or the performance of any function of the state authorized by Law like any service or benefit, issuance of permits and licenses. 2. Data Portability: The state has been exempted from the requirement to convert automated data in to structured, commonly used machine readable formats where processing is necessary. 3. Transfer of Sensitive & Critical Personal Data: Cross border transfer or sensitive personal data is possible when Central Government allows the Transfer of data to a country or an International organization. 4. Power of the Government exempt any Agency of Government: The Central Government can exempt any Govt. agency regarding a processing of specified personal data in the interest of Sovereignty and Integrity of India, Security of the state, friendly relation with the foreign stats and public order. In addition to this it can be granted from the grounds of preventing incitement to commit any cognizable offence. 5. Exemption of certain provisions: In the interest of prevention, detection, investigation and prosecution of the any offence for any other contravention of any law. 6. Exempt certain Data Processers: Central Govt. has the power of exemption to process the personal data of data principle not within the territory of India. 7. Issue Direction: The Central Government may issues direction Sovereignty and Integrity of India, Security of the state, friendly relation with the foreign stats and public order. KEY FEATURS: Applicability to Non- Citizens: The act applies to Indian residence and business collecting the data of India residence, non-citizen living in India whose data processing “In connection with any activity related to offering

SURROGACY AND THE RIGHTS OF A SINGLE, UNMARRIED WOMAN

Of course, digital marketing agencies are adapting to the new changes that the world is going through.

DOES ELECTORAL BOND BONDS WITH DEMOCRACY?

World trends are changing every single day and that’s why the advertisement world needs to adapt to it fast

Corona Virus Vs Law

Corona Virus Vs Law Since the beginning of this year, the entire globe has been gripped byCovid- 19 and people at large are grappling with this pandemic while the Government had initiated a nationwide lockdown to curb and contain the widespread of this outbreak which has affected a substantial number of population. While this lockdown has helped contain community spread of the deceased a legal and legislation audit of this exercise has evaded scrutiny so far. The Disaster Management Act of 2005 was intended “to provide for the effective management of disasters and for matter connected therewith or incidental thereto”. Under this act, the National Disaster Management Authority (NDMA) was set up under the leadership of the Prime Minister and the National Executive Committee (NEA) was to be chaired by Home Secretary which laid out guidelines which establishments would be closed and which services suspended during the lockdown period. The State Governments on the other hand exercised powers under the Epidemic Diseases Act of 1897 to issue further direction like social distancing and isolation measures, strict home quarantine. However, the core issue remains to be answered whether the above-mentioned statutes were originally intended to or is sufficiently capable of addressing the grave threat of a pandemic. The use of the archaic Epidemic Diseases Act of 1897 reveals the lack of requisite diligence and responsiveness of Government authority in providing noble and innovating policy solutions to address 21-century problems. The colonial-era law arms the states with emergency power to carry out search operations as well as penalize people violating the provisions of law. The state has also invoked section 54 of the Disaster Management Act of 2005 to deal with people spread in fake news. :-“ whoever makes or circulates a false alarmed or warning as to disaster or its severity or magnitude, leading to panic, shall on conviction, be punished with imprisonment which may extend to 1 year or with fine. The Epidemic Diseases Act of 1897 does not provide any power to the Central Government to intervene in a biological emergency. Moreover, health is a state subject, and while the states are caught off guard, and their response also has been piecemeal. In order to meet the emergency situation like COVID 19, some countries have passed new statutes in order to meet the pandemic in the most efficient and effective manner. There is a realization in these countries that the prevailing provisions of the existing statutes are not sufficient enough to fight the biological emergency situation created by COVID 19. We can discuss one such example by the new Statute passed by the Parliament of the United Kingdom. The Parliament of the United Kingdom passed the Corona Virus Act 2020 was by grants the government emergency power to handle COVID 19 pandemics. It has a time limit for two year It enables the government to restrict or prohibit the public gathering, control or suspend public transport, order business of such shops and Restaurants to be closed temporarily. Detained people suspected of COVID 19 infection. Suspend the operation of court temporally Close educational institutions and child premises Enroll medical students and retired health care workers in health services relax regulation to ease the burden on health care services. Assume control of death management in a particular local area. The Government has stated that these powers may be power switch on or off according to the medical advice it receives. The Act also provides for the measure to comeback the economic effect of the pandemic which includes the power the hold the eviction of tenants. Protect emergency volunteers from becoming unemployed and provide special insurance cover for health care staff taking on additional responsibility. The Government will also reimbursement of statutory sick pay for employees effected by COVID 19. Employers and supermarkets will be required to report supply chain disruption to the government. The Act formally postponed the local election and grants the UK the power to postponed and any other local election, local referendum. This act is subject to parliamentary renewal every six months. Therefore, we may conclude that though COVID 19 pandemic has led to actions being taken by the Government of India under the following Statutes like Epidemic Diseases Act of 1897 and the Disaster Management Act of 2005 unfortunately these Statutes have proved beyond doubt that they are not sufficient enough to meet the pandemic like situation in an effective and most efficient way. Therefore, we need a new tool in the form of a statute to meet this biological emergency whereby we can draw a new plan according to the prevailing situation. This will enable us to draw a new scheme of things which will not only help us in identifying the underlying problems relating to the field of social, economical, political, medical fields but will also prove to be an effective and efficient measure to control and eliminate the dreaded virus. Once the problem is identified the solutions will not be far. Therefore, a new plan in a form of a new Statute will enable both the Government and the citizens to come out of this grim situation and stand victorious in conquering the dreaded disease.

A PRISON WITHOUT BARS

Color is great way to provide status information, give feedback in response to user actions, and help people visualize data.

Celebrity Endorsement and Legal Compliance

Celebrity Endorsement and Legal Compliance MacCracken’s (1989) Defines celebrity endorsement, “any individual who enjoys public recognition and who uses this recognition on behalf of a consumer” Celebrity Endorsement is a marketing strategy or an advertisement campaign which primarily uses the name and the fame of the celebrity or their social status to promote their Products or Services. The psychology behind this endorsement is that the image of the endorser will be passed on to the Product or the Services. The idea of reaching wider audience or the clients is the idea behind the Celebrity endorsement. Brand recognition is a used as a part of celebrity branding, where a brand is establish from the attributes of the celebrity. The brands and marketers using celebrities for products like Cosmetics. Electronic equipment’s, Food and Beverages, Banking, Insurance, health related products, education etc. Advantages of celebrity endorsement:- a) Adds Credibility to the Brands, b) Building Trust, c) Develop Association and Relationship with Customers, The number of Celebrity owned beauty brands have grown in the past decade. The Celebrities endorsing for Product and Services can be held responsible and face action for appearing in Misleading Promotion and Advertisement. The featuring of famous Celebrities, Influencers, Actors, Sports Person, Chef’s etc, get recognition and trust among larger audiences and significant amount of money is also spent on endorsement. The Celebrities reach a larger group of Audience and they develop an association and recall in the mind of Audience. These audiences get converted to Consumers The advertisement which is endorsed by Celebrity has become a type of testimonials. The Companies pay Millions for such Celebrity Endorsement because they have mass appeal. If the Celebrity endorses that he or she uses the same product, it not only draws the attention of the people but there are consumers who just buy it because a particular celebrity uses it. The diehard and obsessed fan has a tendency of buying the product even when it might not be useful to them. Celebrity endorsement has been turned out to be more successful than the Products endorsed by a Common man. It is only a belief factor which encourages the Consumers to buy any such Products or Services. Most ironical fact is that at times products like Yantra is endorsed by a Celebrity which can instill fear and superstition in the minds of a common Consumer and they are compelled to believe that if some Celebrity is endorsing it, it must be worth it. The emotions of the Consumer many a times overshadow the logic. They are mislead by the aura of strong personality for a Product and if a common man would have been endorsing the same Product it would have hardly convinced any common man to buy that Product and Services. It is the ultimately the Consumer who suffers if the Product shown in the ad does not deliver or causes loss to them by misleading the people. It become relevant to raise the question what if the Product does not deliver what is promised then should the Consumer be given the right to sue the brand ambassador of the Product or Services or should the liability be only confined to the manufacture of the Product. What the Law’s Says- There are certain legislation and certain provision in law which are aimed to protect the Consumers –The Indian Contract act 1872, The Sales of Good Act 1930, The Consumer Protection Act 1986, and India Penal Code 1860. The most important Law is the Consumer Protection Act 1986, it is to protect the interest of Consumer and settled the Consumer dispute U/S2(r) includes unfair labour practices, including misleading advertisement. This section applies to all advertisement and prohibits the same in case of discrepancy. The establishing of Advertising Standards Council of India (ASCI) 1985 which is a non statutory tribunal, a self-regulatory mechanism for ensuring ethical advertising practices. ASCI are voluntary self regulation organization and its members comprise of Advertiser, Media Agencies and other professions/ancillary services connected with advertises practices. In September 2012, the Consumer Complaints Council of ASCI upheld complaints made against 15 out of 22 advertisements; in June 2014 it upheld complaints against 134 out of 147 ads as misleading. Celebrity endorsing Product or Services can be held responsible and face action for appearing in misleading promotion under the Consumer Protection Act 1986, the new frame work also bans Surrogate Ads, a common practice for liquor and chewing Tobacco Companies. MISLEADING ADVERTISEMENT: Misleading Advertisement giving false Information, false claims, misrepresent the features, content, exaggerate the claims of the Products or Services. Any Advertisement contravening and violating any provision of the legal regulation of the advertising are also misleading advertisement. It is quite possible that the endorser and influencers might not be aware of the quality, legitimacy and other related aspects of products they endorse. ‘Endorsement Know/How’ The department of Consumer Affairs released a set of guidelines for celebrities, Influencers and virtual Influencers known as Endorsements Know/How’s. Guidelines have been framed under Consumer Protection Act 2019 and are issued for the purpose to maintain authenticity and transparency with their target audience. In the case where the advertisement is found to be deceptive or misleading the endorser would be liable and the consumer would not get trap. Disclosure– The Marketers and Advertisers who have access to the audience and have the power to influence perception and opinion and buying decision of the audience due to celebrity influence with the audience. When to Disclose:- Marketers and Advertisers must disclose to its audience if the endorsement is a result of any kind of Monetary, Incentive or Material benefit. Material benefit may include monetary compensation, Hotel Stays or sponsored Trips, Free products, Discount on Products, Media Barters, Gifts, Coverage and Awards, Personal and Private Relationship. The endorser including Celebrity and Influencers must disclose the same. How to disclose:- For Images: Discloser is required to be superimposed on the image itself. For Videos: Discloser is required to be both in audio and video format. For Live Streaming: Discloser is required to