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Enact Strict Law To Ensure Personal Safety Of Doctors

Courtesy/By: Adv.Sanjeev Sirohi  |  26 Jun 2019     Views:1903

                                Let me begin with a candid confession: I have not seen God with my own eyes whom I worship but yes I have always seen the best creation of God – “Doctors” right from my childhood days because whenever I had any problem of any kind pertaining to my physical well being, my parents always took me to doctor who always took utmost care to ensure that I don’t suffer from any problem any more and prescribed the best medical treatment for my problem! The mere soothing words of doctors prove to be the biggest medicine for patients in many cases. Yet it is most unfortunate that doctors themselves in our country are not safe and are abused, attacked and assaulted by some disgruntled people on one pretext or the other! It is an unpalatable truth and sad commentary on the state of affairs in our country that three out of every four doctors admit to face some form of verbal or physical abuse!

                               To put things in perspective, we all saw just recently how the seven-day old strike by junior doctors and ‘cease-work’ in West Bengal medical colleges and hospitals was spreading all over India but ultimately when the Chief Minister of West Bengal – Mamata Banerjee agreed to accept their demand, the doctors promptly called off their strike! The strike was triggered by an attack on a doctor – Dr Paribaha Mukhopadhyay with bricks who is now being treated for a skull fracture by the family of patient who died at the NRS Medical College and Hospital at Kolkata! We all saw how doctors across the country joined the protests and observed a shutdown in response to a call by the Indian Medical Association.

                                    It is most distressing that people fail to realize that doctor can only perform operation but the survival of patient cannot be controlled wholly by a doctor! Which doctor will ever want that the patient whom he/she is treating should ever die? Is it fair that a doctor is beaten black and blue just because a patient fails to survive?

                               As it turned out, just recently we saw that when the Union Health Minister Dr Harsh Vardhan who is himself also a doctor wrote to Chief Ministers of States asking them to frame laws for protection of medical professionals, he also attached to it a draft law framed by the Indian Medical Association (IMA). The draft titled Protection of Medical Service Persons and Medical Service Institutions (Prevention of Violence and Damage of Loss of Property) Act, 2017 proposes a ten-year jail term and a Rs 5-lakh fine for violence against doctors. The IMA is currently seeking a seven-year jail term for the offence.

                             Needless to say, there is no reason why the IMA proposal should not be accepted in its entirety. Violence against doctors in any form cannot be justified under any circumstances! Those who still dare to indulge in it must be made to pay heavily for it and under no circumstances should be allowed to escape unpunished! Only then will the fear of punishment deter potential offenders from letting loose violence of the worst kind against doctors!

                                It may be recalled here that the draft law was submitted by the IMA to the Health Ministry in 2017. It had demanded a central law for the protection of doctors and has raised it again in the wake of the NRS Medical College and Hospital incident in Kolkata. Very rightly so!

                         To be sure, the provisions of the draft law are stringent: it categorizes both mental and physical abuse as violence against doctors and covers not just hospitals and a radius of 50 metres around them, but also home visits. Such violence, it says, will constitute an offence that is cognizable, non-bailable, non-compoundable and fit for trial by a court of the Judicial Magistrate of First Class. Apart from penal provisions, it also provides that the offender in case of any property damage will have to pay twice the price of the damaged property as compensation. Very rightly so!

                                        What’s more, the draft law lays down specifically that, “any act of violence, mental or physical abuse against medical service personnel during or incident to, including, but not limited to going to or coming from medical service institution, discharge of his lawful duties pertinent to medical and healthcare delivery within or within 50 metres of such medical institutions, (safe zone) or in a mobile clinic or in an ambulance or during home visits shall be prohibited”. 

                                    It cannot be lost on us that Dr KK Aggarwal who was President of IMA when the draft Act was submitted told the media that, “At that time, when we looked at the legal protection available to doctors, we found that 19 states have some provisions, many have promulgated ordinances. When we met the Inter-Ministerial Committee, the Additional Secretary told us that health is a state subject, so only if some states write to the Centre for such an Act, can a central Act be made. Their position was that there are enough provisions in the IPC to tackle this situation, but our position was that in public interest, doctors need a special provision. If one doctor is assaulted, several hundred patients suffer as he goes off duty.”

                            As things stood, in his letter to Chief Ministers, Dr Harsh Vardhan cited a July 2017 letter sent by the Union Health Ministry to all Chief Secretaries which contains the decision taken by the Inter-Ministerial Committee constituted under the Ministry to review the Ministry to review the issues raised by the IMA. The Committee, in its report, recommended that the Health Ministry suggest to all state governments, which do not have a specific legislation to protect doctors and health professionals, to consider one to strictly enforce the provisions of special legislation wherever they exist or enforce the IPC/CrPC provisions with vigour.

                                        To say the least, Dr Harsh Vardhan who is Union Health Minister also wrote that, “The Indian Medical Association (IMA) has raised this concern many a time. Since ‘Police’ and ‘Public Order’ are State subjects, Government of India, on many occasions has drawn attention of State Governments for an urgent need for a robust criminal justice system with emphasis on prevention and control of crime.”   

                                       No doubt, this burning issue cannot be any longer allowed to hang fire! It must be addressed forthwith. Doctors must be provided adequate security so that they can function without any fear! When politicians can be provided security then why can’t doctors also be similarly provided security?    

                                       Be it noted, at least 19 states which includes West Bengal which is the real epicenter of the protests have already passed what is called the Protection of Medicare Service Persons and Medicare Service Institutions (Prevention of Violence And Damage To Property) Act, also known as the Medical Protection Act (MPA). The Act which is covering doctors affiliated to institutions as well as independent practitioners, outlaws attacks against physicians and damage to their property. The offenders under this Act can get a jail term of up to three years and a fine of Rs 50,000.    

                                Well, it must be said that as stringent as it sounds, the Act, however, utterly fails to really protect doctors because it features neither in the Indian Penal Code (IPC) nor in the Code of Criminal Procedure (CrPC). It goes without saying that this makes it difficult for victim doctors to approach the police for help or the latter to file a complaint against suspects. The palpable reason underlying it is explained by Dr Neeraj Nagpal who is the Convener and Managing Trustee of the Medicos Legal Action Group in Chandigarh and who aptly points out that, “Without any provision in the IPC, filing a case can sometimes mean taking a copy of the Act to the police because she or he may not even know about it.” He also further added that, “Police may not even be sure under which section to file such a case.”

                                      It needs no Albert Einstein to conclude that all this can be addressed if the Centre displays political will power and brings in suitable legislation in this regard to ensure personal safety of doctors at all cost. It is known all too well that doctors have long been demanding that a central law be put in place instead of a state-wise MPAs as well as adequate security at hospital premises. Dr Rajan Sharma of the Indian Medical Association was at pains to point out that, “I have lost count of the number of requests we have made for a central law.”

                                      Going forward, Dr Rajan also lamented that, “Protests only take place after attacks happen and it has been impossible for us to keep track of the rising number of such cases.” Why can’t Centre accede to their legitimate  and well deserved requests which is their biggest grievance also? Centre must accede now!

                        It cannot be dismissed lightly that in 2017, the IMA released a study that found 75 percent of doctors faced some form of violence while on duty. Dr HL Nag who is a sports doctor at All India Institute of Medical Sciences rued that, “Violence is not just physical. We also face verbal abuse almost every day. I have even been forced to call the police several times.” It is very rightly feared by doctors that intermittent attacks on physicians may stop people from taking up the profession. Dr HL Nag also further rightly lamented that, “The number of doctors vis-à-vis the number of patients is already less in hospitals across the country. We skip food and work without taking breaks to cater to patients. With news about attacks against doctors on the rise, more and more people are leaving the profession. Resident doctors and those practicing in rural areas are most at risk of being violently attacked.”    

                                    To say the least, barring the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT)  Act, 1994 – making prenatal sex determination illegal – the Central Government generally does not intervene in any health laws. Here also, Centre is dishing out the same reason! Many nod their head in approval with Centre’s stand!

                                   Having said this, it is high time and Centre must also now consider the serious gravity of the situation concerning increasing attacks on doctors! Dr Nagpal very rightly hit the nail on the head by pointing out that, “Why is the PCPNDT Act a central one? It is because the authorities saw a unique problem that could be better monitored and remedied by a central law. The situation is same when it comes to violence against doctors.”  

                                It is heartening to note that the IMA too stands firmly with the protesting doctors and echoes demand for a central law and better security of physicians. Centre must now step up on the gas and take a strong stand on it and enact swiftly a strict law in this regard to ensure that unabated violence against doctors never goes unpunished and unchecked under any circumstances. Violence against doctors is completely unacceptable and unjustified.

                                     On a concluding note, it must be said that doctors too rightly want that their community should be left alone so that they can do their jobs safely. Shame on us, shame on our lawmakers and shame on our system that cannot even ensure that those who attack doctors are sent behind bars for at least 10 years as rightly proposed by IMA and heavy fine of Rs 5 lakh also imposed which may even be raised if the damage is more! No more excuses, no more delays, no more ifs and buts! Only and only prompt action is needed to enact a strict law that is enforced in totality and with swiftness to ensure that those who lay their dirty hands on doctors are made to face the dire consequences! Assault on doctors must be made a non-bailable offence! No compromise can be done here!


Courtesy/By: Adv.Sanjeev Sirohi  |  26 Jun 2019     Views:1903

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Study of Lakes to be Conducted by NEERI...
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No Room For Sympathy While Sentencing Terror Convi...
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Rejected Plea: Declaration of Vande Mataram as Nat...
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Madras HC corrects the computation error of Motor ...
05 Aug 2019     Views:905
Fundamental Right To Privacy Not Absolute And Must...
05 Aug 2019     Views:1156
Diocese of Tanjore Society School gets relief from...
04 Aug 2019     Views:1076
THE TEMPLES IN KARNATAKA NO MORE BE GOVERNED UNDER...
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Triple Talaq legislation is challenged in the Delh...
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Special Olympics International Football Championsh...
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Concession to be given to disabled persons appeari...
03 Aug 2019     Views:1442
Bombay High Court Hears Dowry Case Involving A Civ...
03 Aug 2019     Views:1171
Karnataka High Court on the condition of Roads...
02 Aug 2019     Views:1379
SC ORDERS DEATH PENALTY IN COIMBATORE GANG-RAPE CA...
02 Aug 2019     Views:1081
RBI Changes Features Of New Currency Notes. Bombay...
02 Aug 2019     Views:900
Interest Of Victim And Society At Large Must Also ...
02 Aug 2019     Views:953
Abolition of Colonial Decorum in Courts...
01 Aug 2019     Views:5149
Punjab & Haryana HC Bans Use Of Loudspeakers Witho...
31 Jul 2019     Views:1557
ICJ Has Rightly Called Pakistan’s Bluff In Jadha...
26 Jul 2019     Views:978
Review And Reconsider Conviction And Sentencing Of...
22 Jul 2019     Views:983
Plaintiff Cannot Be Forced To Add Parties Against ...
21 Jul 2019     Views:1040
Biggest Slap By ICJ Directly Right On The Face Of ...
19 Jul 2019     Views:893
Delhi HC Imposes Rs. 50,000 Cost On Woman For Fals...
17 Jul 2019     Views:939
Non-Appointment Of Judges Affects Speedy Justice: ...
16 Jul 2019     Views:924
Right To Get Anticipatory Bail Is Not Any Fundamen...
14 Jul 2019     Views:1254
Plea For Anticipatory Bail Not Maintainable Before...
13 Jul 2019     Views:1488
Divorce Cannot Be Granted Only On Ground Of Irretr...
11 Jul 2019     Views:888
Right To Shelter A Fundamental Right; State Has Co...
08 Jul 2019     Views:972
HC Cannot Reverse Acquittal Without Affording Oppo...
06 Jul 2019     Views:849
Centre Is Legally Empowered To Create A High Court...
05 Jul 2019     Views:1391
Centre Must Now Immediately Order Creation Of HC B...
03 Jul 2019     Views:841
UAPA: SC Dismisses PFI Leader’s Plea Seeking Dis...
02 Jul 2019     Views:1024
How To Record The Evidence Of Deaf And Dumb Rape V...
01 Jul 2019     Views:1724
Ban Advocates From Carrying Weapons Inside Court P...
26 Jun 2019     Views:1989
Enact Strict Law To Ensure Personal Safety Of Doct...
26 Jun 2019     Views:1903
Mere Aggressive Behaviour Of Wife Not A Ground Of ...
26 Jun 2019     Views:2038
Court Cannot Destroy Faith & Beliefs Of People: Ma...
07 Jun 2019     Views:854
Insult Of Soldier In Name Of Law Is Most Disgracef...
07 Jun 2019     Views:1117
Courts Cannot Decide Eligibility And Essential Qua...
20 May 2019     Views:3253
SC Upholds Constitutionality Of Section 23 Of PCPN...
20 May 2019     Views:2067
My Unflinching Faith In CJI Stands Fully Vindicate...
20 May 2019     Views:1286
Solitary Confinement Of Death Convict Prior To Rej...
20 May 2019     Views:1686
Section 498A & 306 IPC: Incidents Which Happened M...
20 May 2019     Views:4953
Why Should UP Have Least High Court Benches In Ind...
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“Drop This Episode From Your Minds And Gossips...
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Is The Criticism Of In-House Procedure Justified?...
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Delhi High Court Directs Government To Set Up 18 F...
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No New Appointments To Be Made From In-Service Can...
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09 Apr 2019     Views:2673
Nations Must Make Gun Laws More Stricter...
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SC Designates 37 Lawyers As Senior Advocates...
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SC Sets Aside Life Ban Imposed On Cricketer Sreesa...
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Islamabad High Court Rejects Plea Against Release ...
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Lawyers Resort To Seek Unnecessary Adjournments Am...
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Magistrate Shall Specify Whether Sentences Awarded...
23 Feb 2019     Views:1993
Mere Inability To Repay Loan Does Not Constitute C...
23 Feb 2019     Views:2337
Inability To Establish Motive In A Case Of Circums...
23 Feb 2019     Views:2160
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Long Pendency Amounts To A Special Reason For Impo...
23 Feb 2019     Views:1104
Successive Applications For Recalling Witnesses Sh...
23 Feb 2019     Views:2332
Lieutenant General (Rtd) Cannot Be Tried In A Gene...
06 Feb 2019     Views:1860
Autonomy Of the Bar Cannot Be Taken Over By The Co...
05 Feb 2019     Views:2566
Casual Act Of Possession Over Property Does Not Co...
04 Feb 2019     Views:1814
No Authority Can Claim Privilege Not To Comply Wit...
04 Feb 2019     Views:1983
Death Sentence Only When The Alternative Option Is...
04 Feb 2019     Views:2117
SC Imposes Rs 5 Crore Penalty On A Medical College...
28 Jan 2019     Views:1487
A Judicial Officer Is Not An Ordinary Government S...
25 Jan 2019     Views:1658
Rape And Murder Of 8 Year Old Girl: SC Commutes De...
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Mere Allegations Of Harassment Without Proximate P...
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Legal Article Why Should They Speak Lies: Decease...
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NCW is a Lame Duck or Legal Guardian for women...
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Mutual Consent Divorce Procedure in Chennai Family...
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Quick Divorce in India...
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4 Important things to file Divorce in Chennai...
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Offences Under Section 307 IPC Can’t Be Quashed ...
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recheck...
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26 Nov 2018     Views:1833
SLP Against Death Sentence Shall Not Be Dismissed ...
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Sexual Offenders Registry For Law Enforcement Agen...
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Men Too Have Right Not To Be Defamed And Denounced...
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Courts Have To Adequately Consider Defence Of The ...
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CJI Ranjan Gogoi Demonstrates His Firm Resolve And...
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SC Issues Directions On Examination Of Witnesses I...
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Aadhaar Held Mandatory For Government Subsidies An...
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Legal Article Now Bar Council ID Card Is Valid Id...
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Devotion Cannot Be Subjected To Gender Discriminat...
23 Oct 2018     Views:3182
There Cannot Be Any Mechanical Denial Of Appointme...
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Rights Of Accused Far Outweigh That Of Victims, Ne...
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Extra-Judicial Confession Of Accused Need Not In A...
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Leaders Of Outfits Calling For Mob Violence Liable...
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Section 377 IPC Decriminalised Partially By Supre...
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New CJI Ranjan Gogoi Is Determined To Ensure Sweep...
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Court Must Not Go Deep Into The Matter While Consi...
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Mirchpur Dalit Killings: “Atrocities Against SCs...
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SC Upholds Pan India Reservation Rule in Delhi; Bu...
03 Sep 2018     Views:1660
NDPS Bail Conditions Discriminatory, Irrational An...
31 Aug 2018     Views:2468
People Without A Degree Performing Surgeries: Utta...
28 Aug 2018     Views:1331
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28 Aug 2018     Views:1865
12 Year Old Girl’s Rape And Murder: Constitute P...
28 Aug 2018     Views:1572
MP HC To Debar Members/Office Bearers Of Bar Counc...
22 Aug 2018     Views:1274
Special Squad, Police Patrolling Every 24 Hours To...
20 Aug 2018     Views:1334
NRC Being Prepared Under Supreme Court’s Watch I...
20 Aug 2018     Views:1385
Victims Of Crime Can Seek Cancellation Of Bail: MP...
20 Aug 2018     Views:1525
Delhi HC Strikes Down Provisions In Law That Crimi...
13 Aug 2018     Views:1548
Delhi HC Quashes Govt Notification Revising Minimu...
09 Aug 2018     Views:1497
Poorest Of Poor Cannot Go To Private Hospitals: Ut...
07 Aug 2018     Views:1854
How Long Will Lawyers Of West UP Just Keep Strikin...
04 Aug 2018     Views:1782
Courts Must See That The Public Doesn’t Lose Con...
04 Aug 2018     Views:1352
UK Tier 1 Entrepreneur Visa: Overview from Experts...
31 Jul 2018     Views:1355
Enact Law For Safety Of Soldiers Of Jammu And Kash...
23 Jul 2018     Views:1355
SC Advocates Creating A Special Law Against Lynchi...
23 Jul 2018     Views:2577
Matrimonial Discord Can’t Be Considered As Reaso...
23 Jul 2018     Views:2292
Uttarakhand HC Recommends Govt To Enact Legislatio...
23 Jul 2018     Views:2564
High Court Priests Cannot Refuse To Perform Religi...
23 Jul 2018     Views:1813
Uttarakhand High Court Passes String Of Directions...
23 Jul 2018     Views:1165
SC Finally Decides Master Of Roster Case...
23 Jul 2018     Views:1082
Stone Pelters And Terrorists Have No Right To Life...
23 Jul 2018     Views:1448
Remove Designations Like Police, HC, Journalist, A...
23 Jul 2018     Views:1292
Why Centre is Providing Security For Separatists B...
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Farmer Suicide Due To Bankruptcy Or Indebtedness: ...
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Every Indian Should Salute Brave Soldier Aurangzeb...
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Uttarakhand HC Issues Directions To Curb Drug Pedd...
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Have A Functional National Law University Within 3...
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Establish Regional Bench Of AFT In The State Withi...
05 Jul 2018     Views:1120
Cancel Licences of Drivers Using Cell Phones; Helm...
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Uttarakhand High Court Puts Restrictions On Noise ...
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Supreme Court To Look Into Validity Of Amended Law...
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Mysterious Deaths, Rapes, Malnutrition, Unsanitary...
29 Jun 2018     Views:2182
No Politics Please Over Plan To Assassinate PM Mod...
11 Jun 2018     Views:1572
Free Mentally Ill Children And Formulate Policies ...
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Landmark Ruling By Uttarakhand HC On Solitary Conf...
07 Jun 2018     Views:2405
Right Of Adult Couple To Live Together Without Mar...
06 Jun 2018     Views:1700
Why BJP Will Be Wiped Out In West UP And UP?...
06 Jun 2018     Views:1803
Why UP Has Just One High Court Bench And West UP N...
05 Jun 2018     Views:1316
Women Governed By Muslim Personal Law Can Invoke P...
04 Jun 2018     Views:1143
Why Is BJP Not Creating More Benches In UP?...
01 Jun 2018     Views:1190
Probation Period To Count For New Civil Servants B...
01 Jun 2018     Views:2871
SC Women Lawyers Association Seeks Chemical Castra...
01 Jun 2018     Views:1059
SC Finally Steps In To Expedite POCSO Cases...
01 Jun 2018     Views:2295
UP Former CMs Can’t Stay In Govt Bungalows: SC...
01 Jun 2018     Views:1055
Make BCCI A Public Body: Law Panel...
01 Jun 2018     Views:1164
Self-Styled Godman Asaram Awarded Life Until Death...
01 Jun 2018     Views:1204
Why Cases Withdrawn Against Stone Pelters In Kashm...
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A High Court Bench For West UP In Meerut Is Impera...
01 Jun 2018     Views:1473
People Of Karnataka Should Worship Congress...
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Delhi HC Upholds Life Term To Seven Policemen...
19 Mar 2018     Views:1118
Finance Act-2018 And Customs Act-1962 (Amendments)...
28 Feb 2018     Views:1154
Why No Death Or Life Term For Corruption?...
19 Feb 2018     Views:1086
Will Electoral Bonds Usher In Transparency?...
19 Feb 2018     Views:1002
How Long Will Lawyers Of West UP Keep Striking?...
19 Feb 2018     Views:1091
Finance Act 2018 and Customs Act 1962...
18 Feb 2018     Views:1454
Why Has Stone Pelting Been Legalised In Kashmir?...
12 Feb 2018     Views:1149
Shopian Firing: Major's Dad Moving SC For Quashing...
12 Feb 2018     Views:1077
Soldiers Have Every Legal Right To Kill Stone Pelt...
12 Feb 2018     Views:2315
Attack On Lawyers: Delhi HC Issues Notice To Delhi...
10 Feb 2018     Views:1039
Female Foeticide Must Be Punished Most Strictly...
10 Feb 2018     Views:1185
Soldiers Have Every Legal Right To Act In Self Def...
10 Feb 2018     Views:1066
New Consumer Protection Bill 2018 Will Entail More...
10 Feb 2018     Views:1039
CJI Brings Out A Roster To Allot Cases...
10 Feb 2018     Views:1589
Five Year Jail Term For Lalu In Third Fodder Scam ...
10 Feb 2018     Views:1121
SC Quashes All The 88 Mining Leases In Goa...
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Prevention Of Money Laundering Act -2002 (PMLA-20...
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Prevention Of Money Laundering Act-2002 Amended ...
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Prevention Of Money Laundering Act -2002 --U/S 45(...
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Prevention Of Money Laundering Act-2002 (P...
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Prevention Of Money Laundering Act-2002 PMLA...
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Right to Know...
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A STUDY OF CERTAIN DEDUCTIONS ON INCOME TAX RELATI...
29 Dec 2017     Views:1563
Enviornment protection is for saving universe...
28 Dec 2017     Views:1035
RIGHT TO PRIVACY AND STATUS OF SECTION 377, IPC, 1...
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PROBLEMS WITHIN THE EXISTING POLICE SYSTEM...
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RIGHT TO PRIVACY AND DIRECTION FOR MANDATORY AADHA...
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THE PARADOX OF PLEA BARGAINING...
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JOURNEY OF EVMs AMIDST CONTROVERSIES ...
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UIDAI suspends Airtel, Airtel Payments and Banks e...
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2G Scam : The 2G Scam and much more...
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Kerala teen surveillance case: Invasion of Privacy...
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Motherhood or Employment- the judicial perspective...
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