Health Rights

Health Rights

Explained: E-cigarettes & E-hookahs have no benefits

ENDS have been propagated as a safe alternative to smoking. With large data available on its adverse effects and the potential benefits, it appears that the harmful effects outweigh the potential benefits.

September 20,2019

Personal laws

Leprosy is no more a ground for divorce

Central Govt. has on February 21, 2019 notified ‘The Personal Laws (Amendment) Act, 2019’ that amends the Divorce Act, 1869 (4 of 1869), the Dissolution of Muslim Marriages Act, 1939 (8 of 1939), the Special Marriage Act, 1954 (43 of 1954), the Hindu Marriage Act, 1955 (25 of 1955) and the Hindu Adoptions and Maintenance Act, 1956 (78 of 1956) so as to omit the provisions contained therein which are discriminatory to the leprosy affected persons. All these personal laws which have been amended by the said Amendment Act contained leprosy as a ground for seeking divorce.

February 22,2019

Health Rights

Inside the Leprosy Home in Delhi

In January this year, a plea was filed in the Delhi High Court by one such inmate, Rajeev Kumar, seeking rehabilitation of the leprosy patients rendered homeless after its August judgment. Post the judgment, Kumar, along with 40 other inmates, was back to begging on the road. A week later, the Court granted the inmates temporary relief by ordering the Delhi government to accommodate everyone back in the premises of the HLTB. However, the inmates say that nothing has happened till now.

February 14,2019

Environment & Labour Rights

Trapped in a rat-hole

Because the powers that be usually turn a blind eye to illegal mining, for the safety enforcement authorities such mines do not exist. There is no question of enforcing any safety standards in them. For instance, on the official website of the Director General of Mining Safety there is not a single reference to rat-hole mining or the Meghalaya tragedy. Such indifference is a greater tragedy that could pave the way for many more Meghalaya-like tragedies.

January 11,2019

Law & Access to Medicine

Draft Patent Amendment Rules, 2018: Comments

The Lawyers Collective and Medecins Sans Frontieres—Access Campaign  welcome the Department of Industrial Policy and Promotion’s (DIPP) initiative to seek views and comments on its “Draft Rules” (see below) to further amend the Patent Rules, 2003. We would like to submit our comments jointly on the Draft Rules (see below), particularly on Rules pertaining to patent prosecution highway and constitution of a two-member bench to dispose applications filed under section 25(1) of the Patents Act, 1970 (the Act).   

January 9,2019

The Nuclear Reaction

The charade of green clearance

The plan for the proposed extension of the Kaiga Nuclear Power Plant has met with fierce opposition from local resident communities, a majority of whom, instead of attending the public hearing, decided to register their opposition by boycotting it and carried out a protest march from Mallapur to the Kaiga housing complex, where the public hearing was scheduled to be held.

January 4,2019

Case update

Supreme Court expresses horror at UP asylum keeping mentally challenged patients in chains

The Petitioner Gaurav Kumar Bensal has filed a Public Interest Litigation seeking effective implementation of Mental Healthcare Act, 2017.  The Petitioner placed before the Court the photographs of such persons showing that the mentally challenged patients have been kept in chains in district Badayun, Uttar Pradesh.

January 3,2019

Law and Religion

The unconstitutional case of FGM

All eyes are on the Supreme Court to hold the ideals of the Constitution up and declare FGM an offence. It is about time that India joins the international movement against FGM and that the law protects its citizens from such heinous violation of human rights and bodily integrity.

November 28,2018

Section 377

#Section377: The long road to freedom

As Section 377 is read down today, we must not forget that ABVA filed the first writ petition to challenge the constitutional validity of Section 377 before Delhi High Court. The petition was dismissed in 1999 for non-prosecution just before Naz Foundation filed its petition in 2001.. On July 2, 2009 the Delhi High Court pronounced its historic judgment by declaring Section 377 unconstitutional, but it was overturned on December 11, 2013 by the Supreme Court on appeals filed by religious and cultural organisations. Today, the Supreme Court course-corrected again.

September 6,2018

Health Rights

Earmark beds for the poor: SC

The Bench of Justices Arun Mishra and Uday Umesh Lalit referred to the recommendations made by the Committee headed by Justice AS Qureshi which suggested the reserving beds for the provision of free treatment to the people from the economically weaker sections of the society in the private hospitals that were allotted land on concessional rates in Delhi.

July 19,2018

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