Wednesday 8 July 2015

Unwed mother can be legal guardian

The Supreme Court in a landmark judgement has overturned the earlier rule and said that an unwed mother can be the legal guardian of her child and there is no need to disclose his name or take his consent. Earlier, the consent of the father was necessity for a mother to be the legal guardian. The Court observed that it is futile to give responsibility to the man who had earlier abandoned his child. The petition was brought by a Christian woman who said that the father of her child doesn't even know about the existence of his child and has now married someone else. The judgement has been hailed as being progressive and another step towards gender equality. The name of the mother is sufficient and the name of the father need not be declared for guardianship.

Passport
Further, the ministry of external affairs has stated that an unwed mother does not require to declare whether she was raped or how she conceived while applying for the passport of her child. The birth certificate is sufficient and the name of the father can be left blank.

Thursday 2 July 2015

Right to protest

The right to protest against political or social issues is a right covered under the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution of India and is therefore, subject to various restrictions given under Article 19(2) on the ground of effecting so sovereignty and integrity of state, security of state, public order, obcenity, inciting offence, affecting friendly relations with foreign States, contempt of court, defamation.
The Madras High Court rightly observed that the right to protest does not include the right to create nuisance and general public inconvenience in residential areas. While it is a right to protest on political and social grounds, the same should be exercised by observing caution as to not cause public nuisance. Protesting outside the gate of a politician's residence causes unnecessary inconvenience to the general public at large and the police should prevent it.

Medical negligence

The Supreme Court has ordered the highest compensation of 1.8 crore to a 18 year old girl from chennai who lost her vision due to medical negligence. The girl was born premature and the hospital had discharged her without doing retinopathy which is mandatory for premature babies. Consequently the girl lost her vision, her father applied when he discovered her vision loss and was awarded 5 lakhs from forum against which he applied to the Supreme Court.
The Court while dealing with the case, took into consideration the inflation and the cost of future treatment. It also considered the fact that compensation should be such that it brings the person to the state had he never suffered the loss and granted the highest compensation. In cases of medical negligence, the state is liable to pay for the negligence of its doctors. Medical negligence is the negligence (lack of due care and caution) committed by a medical professional in the course of his professional work.