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Showing posts from July 12, 2020

Constitutional Law: Doctrine of Eclipse

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If the Moon can get over shadowed by eclipse, it is still a law! Yes! Just like the beautiful moon gets overshadowed many times in a calendar year just to remind us that to every bright side there is a dark one, which is inevitable and hard to ignore. This doctrine similarly functions to overshadow the delusional dark side and helps to safeguard the Fundamental Rights of the citizen. The Doctrine of Eclipse has been enshrined in the supreme law of land The Constitution of India in article 13. Constitution is the prominent law book which tries to strike equilibrium between the state and it’s citizen, so that those in authority and powerful position do not try to invade the rights and liberty of their fellow citizens. Everyone is subjected to follow the provisions of the Constitution; to see that it does not become stagnant certain principles have been devised in order to guide policy makers and safeguard the inalienable rights of the citizen. One such principle is the Doctri

Vizag Gas Leak and The rule of Absolute Liability

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Introduction : When the whole country was asleep after battling another day with the fatal COVID-19 pandemic, a village and almost a dozen of its people fell prey to a deadly gas leak. Several succumbed to death and hundreds were admitted to the hospital. No one could have wondered, that a factory existing there for decades could do such harm. In the wee hours of March 7, a toxic gas and benzoic compound "Styrene" leaked in the Venkatapuram Village from LG polymer factory situated near the village. The village is in Vishakhapatnam (Vizag) located in Andhra Pradesh. Environment Protection Agency(EPA), a US-based agency has explained the long term and short term effects of exposure to the Styrene gas. The short term exposure causes respiratory difficulties, irritation of eyes, nasal mucous membrane and gastrointestinal issues. Whereas, a long term exposure can affect the liver, kidney, Central nervous system CNS and may b

Ambedkar and Social Justice

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                      “Justice has always  evoked  ideas of equality, of proportion of compensation. Equity signifies equality. Rules and regulations, right and righteousness are concerned with equality in value. If all men are equal, then all men are of the same essence, and the common essence entitles them of the same fundamental rights and equal liberty...” In short, justice is another name of liberty, equality and fraternity. – Dr. BR. Ambedkar The above quote of Dr. Ambedkar clearly illustrated his vision of social justice which emanated from his longing for a just society which was established on the idea of a casteless society. The life of our father of Constitution is saga of his ascent from dust to glory and from the lowest hierarchical structure to the role of  architect of Indian Constitution. The Indian society has invariably been caste-ridden even after seventy years of our Constitution coming into force caste factor is dominant in every realm of life. Befor