Madhubrata Mohanty
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Ending Human Trafficking in India- A Much- Awaited Goal Madhubrata Mohanty
Indian Journal of Forensic Medicine & Toxicology Vol. 15 No. 2 (2021): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v15i2.14792

Abstract

Discussion on the issue of human trafficking in 21st century is definitely quite shameful as the entire worldis transformed into a small place due to globalization. Not only in India, but in almost all the countries ofthe world, this worst form of crime is still existing in some form or other. Through this paper the author hasattempted to analyze the reasons for prevalence of this crime in India even after having concerted effortsby the successive governments to completely eradicate the evil through statutory enactments. Being thesecond largest populous country of the world and having been invaded by a number of foreign invaders, thecountry always suffered in its socio-economic growth. The demographic feature of the country is certainlyanother disadvantage that makes it quite difficult for the governmental schemes to reach the poor peopleliving in the rear ends of the country. Another reason affecting the economy is the refugees coming into thecountry through its porous borders and making it their permanent shelter and expecting their shares from thelimited resources available for the countrymen. It is, in fact, a matter of grave concern that even after havingseveral enactments to deal with human trafficking, still the country is witnessing its prevalence in a largerscale. Prior to the enactment of the Indian Constitution, the Constitution makers too took it very seriouslyfor which traffic in human beings or any forms of forced labour were inserted to be prohibited under Article23. The judiciary has also taken stringent views to eradicate the crime of human trafficking through strictinterpretation of the legislative provisions. But unfortunately it is not being eradicated till today, for which itbecomes imperative for all to introspect the entire system responsible for prevalence of such crime.
Punishing the Suicide Survivors- The Justifiability Smita Satapathy; Madhubrata Mohanty
Indian Journal of Forensic Medicine & Toxicology Vol. 15 No. 2 (2021): Indian Journal of Forensic Medicine & Toxicology
Publisher : Institute of Medico-legal Publications Pvt Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37506/ijfmt.v15i2.14917

Abstract

Suicide is a product of social abnormality, and originates from social incapability and mental distress; itcannot be appropriately addressed under the orders of law. In India, day by day, thousands of individualsirrespective of gender, age, social status and educational qualifications are ending their lives by committingsuicide. The privilege to end one’s own life has become much talked about subject all through the world. InIndia, Criminal Law students are very often asked a question that ‘What is that act, which if completed isnot made punishable but the failure to complete it or the mere attempt is made punishable?’ The answer is“suicide” and ‘attempt to commit suicide’ is made punishable under Section 309 of the Indian Penal Code.An individual who is successful with regards to taking his own life gets away from all worldly miseries aswell as legal action where as one who fails in suicidal attempt is brought into the trawl of criminal courts.The issue with regard to de-criminalization of attempted suicide has been questioned with controversies,besides moral and human point of view. The present article aims at discussing the various factors responsibleas to why a person attempt to commit suicide and the attention towards the ongoing debate of retaining ordeleting Section 309 of the Indian Penal Code, 1860 by testing its validity.