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Inheritance Law in India

Inheritance means Succession, succession follows the death of a person. Inheritance of property means the passing on property, its title, debts, rights and obligations to the other party upon the death of an individual. The term inheritance is referred to whatever an individual receives upon the death of the relative according to law whichever is applicable when no will is present. Inheritance is the integral component of the family. It is the process of passing the material property from one generation to another. The transmission in inheritance is regulated and governed by specific laws in India. The law of testamentary or inheritance can be easily segregated in terms of religions.

 

Laws Related To Inheritance

 

The Hindu Succession Act was passed in the year 1956 by the parliament to amend and codify the laws relating to the intestate. The Hindu Succession Act was established to assure equal inheritance rights to both son and daughters. The Act states, every Indian is entitled to an equal share on inheriting the property. The Act applies to all Hindus, Sikhs, Buddhists and Jains. It plays an important role in the process of dealing with the inheritance of property. In India, inheritance or how the property is to be distributed is determined by the law of succession. In 2005, the Hindu Succession Act was amended by clarifying the right of women in dealing or disposing of the property as per her will.

The governing law applicable to Parsis for the intestate succession is the Indian Succession Act 1925 under section 50 and 56. Also, the governing law applicable to Christian and Jews inheritance is governed under section 31 to 49 of the Indian Succession Act, 1925.

Laws of succession governing Muslims in case of non-testamentary succession is the Muslim Personal Law (Shariat) Application Act, 1937. And if any Muslim has died intestate, then the issue of an intestate is governed under the Indian Succession Act 1925. Law of succession in case of interfaith marriages is governed under the Special Marriage Act, 1954. The Indian Succession Act, 1925, states that everyone is entitled to equal inheritance.

 

Intestate Succession

 

The property gets delegated upon the relatives of the deceased in two ways:

  1. Testamentary Succession
  2. Intestate Succession

 

Testamentary Succession refers to succession resulting from a legally executed testament. It is also known as the right of inheritance. The testamentary succession is fixed at the time of a decedent’s death. It occurs when a person dies and leaves a will.

Intestate means when a person died without making a will, which is capable of taking effect. If a person is said to have died intestate that means he has not disposed his assets under a will. Or the disposition mentioned under a will is not capable of taking effect on account of the illegal bequest. If a person dies intestate, the assets in his possession are distributed as per the provisions of the Indian Succession Act.

 

Intestate Succession Among Hindus/Muslim/Christians

 

India has several laws governing the intestate succession among the different religions. The mains laws that governers the intestate are as follows:

  1. Hindu Succession Act
  2. Intestate Succession Act
  3. Sharia Law
  4. Indian Succession Act

 

Hindu Succession Act applies to Hindus, Buddhists, Sikhs and Jains. The laws applicable to inheritance depends on the gender of the deceased. In the case of males, there are four classes of people who can inherit the property of a man. The first preference goes to the Class I heirs than for Class II and so on. ‘Heir’ is a person, who under the law of intestacy is entitled to receive the property of the intestate deceased.

 

As per the Hindu Succession Act, 1956, further amended in 2005, if a Hindu male dies intestate then the following person can make a claim:

  • Class I heirs: The class I heirs are the immediate relatives of the deceased that is the wife, children, mother, siblings and grandchildren. If the children of the deceased died before the deceased, then their spouses will form part of Class I heirs.
  • Class II heirs: The class II  heirs include the father, grandfather, uncle, aunt, nephews and nieces of the deceased.
  • Class III heirs: The class III heirs are the relatives of deceased from the male line, but it is limited to the blood relatives. They are called as agnates.
  • Class IV heirs: They are the relatives of the deceased from the female line; they are called cognates.

 

If a Hindu female dies intestate, the four classes of heirs are slightly different:

  • Class I heirs: The husband and children of the female are the clas I heirs.
  • Class II heirs: The heir’s of her husband are the class II heirs of the female.
  • Class III heirs: The class III heirs are her parents.
  • Class IV heirs: The heir’s of her mother are the class IV heirs of the female.

 

The apex court in case of DanammaSumanSurpurvs Amar &Ors clarified that the position of law relating to the Hindu Succession Act, 2005 held that the right is inherent and can be availed by any coparcener, as per the amended act of 2005, even a daughter is a co-parcener.

 

Indian Succession Act is the act that applies to Parsis, Christians and other religions that are not mentioned in the Hindu Succession Act. The spouse of the deceased takes one-third of the total inheritance in the absence of children and no living relatives. 

The remaining two-thirds are divided between the children and surviving relatives in the following order of preference:

  • Father
  • Equally between mother, brothers and sisters (nephews or nieces if brothers and sisters are dead)
  • Mother (in case if there are no brothers, sisters, nieces or nephews)
  • Other close living relatives

 

As per section 2 of the Indian Succession Act 1925, the legal heirs of the Christians are husband, wife or the kindred of the deceased. In Mary Roy v. the State of Kerala, the apex court decided upon the inheritance rights of a Christian Women against the law for the first time. It also held that no personal law can be held above the Constitution of India.

 

Sharia law applies to Muslims. Under this law, one can divide only upto the one-third of the estate. In Sharia law, whether the succession is testate or intestate, the son, daughter, father, mother, brothers, sisters, grandsons and granddaughters are the nine relatives that inherit the remaining two-thirds of the estate.

 

Conclusion

 

To avoid the complications and disputes within the family, proper planning should be adopted by the families. Due to the evolving nature of inheritance and succession law, proper steps should be taken to understand the inheritance rights. Despite several developments in law, the awareness regarding inheritance law is on a downward graph and hence it is the need of the hour.

Rights of Children in India

The future of the nation depends upon the growth and development of Children in the country. It is the state’s duty to look after the development of children as they are the future of India. The Indian constitution defines certain rights for the citizens of the country, which also includes the rights of children directly or indirectly. In India, child rights must go beyond human rights which exits to ensure fair and proper treatment of the people across the country.

The Convention on the rights of child defines the term ‘child’ as a person below the age of eighteen years unless the majority is defined differently under the applicable law governing children.

In India, the Constitution defines a person below the age of fourteen years as children. Also, the Children Act, 1960,  defines a child as a person who has not attained the age of 16 years in the case of the boy and 18 years in the case of a girl.

 

Constitutional Provisions

The constitution, in its fundamental rights and directive principles, guarantees the rights granted to children in India.  The constitution accords the right to children as citizens of the country and also, due to their special status,  certain special laws are enacted for this purpose.

In 1950, the constitution included the Rights of Children in the provision of fundamental rights and directive principles. Many individuals and activists have approached the apex court for the amendments relating to the rights of children.  There are certain constitutional provisions for children.

 

Right To Education

Article 21 A has listed down the rights of the child to get free education for all children in the age group of 6-14 years in a manner as determined by the state.  The apex court in its liberal interpretation of life and liberty under article 21 held that liberty includes the right of a human being to live with dignity along with the right to education.

Article 45 of the Constitution lays down that the state shall endeavour to provide early childhood care and education for children until they attain the age of six years. Article 45 is the provision for free and compulsory education for all children. Right to free primary education is significant for helping children to develop discipline, life skills and to find a safe and healthy environment to nurture the physiological development of the child.

Article 51 A specifically states that it shall be the fundamental duty of the parent and guardian to provide opportunities for education to his child between the age of six and fourteen.

In the case of P Unnikrishnan vs State of Andhra Pradesh, the apex court included the right of education under the ambit of right to life. The Court observed that education is a preparation for living and therefore concluded that every citizen has a right to education.

 

Right To Be Protected Against Exploitation

Article 23 explains the prohibition of human trafficking and forced labour. The Indian Penal Code and Criminal Procedure Code have separate provisions to prohibit human trafficking in order to track and govern these heinous crimes.

Article 24 lays down the prohibition of employment of children. It states that no child below fourteen years of age shall be employed to work in any factory or be engaged in any hazardous employment that may directly or indirectly affect the healthy growth of the child

The apex court in case of MC Mehta vs State of Tamil Nadu noted that the menace of child labour was widespread in India and that is the reason; the court issued wide directions against prohibiting the employment of children below the age of 14 years and making arrangements of the funds for their education.

The exploitation extends to abuse, negligence and violence against children. The child cannot be made to work in difficult or dangerous conditions.

Article 39(e) states the right of the child to be protected from being abused and forced by economic necessity to enter any occupation unsuited to the age and strength of the child.

It is the right of a child to get equal opportunities and facilities for his personal growth and development. Along with this the children also have  equal rights as the citizens of India, which includes the Right to equality (Article 14), Right against Discrimination (Article 15), Right to personal liberty (Article 21), Right to be protected from being trafficked and forced into the labour ( Article 23), Right to the standard living and improved public health (Article 47).

 

Constitutional Remedies For Infringement Of Rights Of The Child

If the fundamental rights of the children are infringed, the Indian constitution laid down several provisions for constitutional remedies through Article 32 and 226. Article 32 states that a person has the right to move the Supreme Court for protecting his fundamental rights. According to article 226, a person may approach the High Court for the same reasons as mentioned above, however, it is not necessary that the right should be a fundamental right in order to take legal action under these provisions.

Public Interest Litigation may be filed in the apex court or the high court against the government by virtue of article 32 and 226 for the protection of rights of the child.

Some of the other important acts, legislations and policies framed by the government for the protection of child right are

  • Indian Penal Code, 1860
  • Guardian and Wards Act, 1890
  • Child Marriage Restraint Act, 1929
  • Immoral Traffic Prevention Act, 1956
  • The Women’s and Children’s Licensing Act, 1956
  • Probation of Offenders Act, 1958
  • Child Labour (Prohibition and Regulation) Act, 1986
  • Juvenile Justice (Care and Protection of Children) Act, 2000
  • Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Amendment Act, 2000
  • Protection of Children from Sexual Offences Act, 2012
  • Orphanages and other Charitable Homes (Supervision and Control) Act, 1960
  • National policy for Children, 1974
  • Bonded Labour System (Abolition) Act, 1976
  • Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance Act, 1987
  • Prohibition of Child Marriage Act, 2006
  • The Child Labour (Prohibition and Regulation0 Amendment Act, 2017

 

Conclusion

The rights of the child need to be protected in order to promote the well-being of the child since they require more protection than other people who have attained majority due to the set of unique needs stemming from their vulnerabilities.  Every single child of the country deserves equality, no matter what colour, race, religion, language, gender define them.

Children with their development process can flourish and in turn, benefit the nation as they are the future of the Country. India, with the help of various international and national mechanisms, is constantly trying to secure the rights of the children.

Virtual Clinic
Virtual Clinic is a technology backed initiative providing a platform for cloud-based unified health record and virtual interaction with doctors and patients through audio and video communication. It is a planned contact by the health care professional responsible for care with a patient for consultation, advice and treatment planning. Virtual Clinic is a social initiative by the Asian Health Meter. The user interface is a tablet PC. The platform of Virtual clinic provides the dashboard of all specialists in the district with a detailed description of their clinical expertise so that patient can choose the specialist on the basis of experience and proximity. It is a web-based technology which aims to provide a scheduled appointment with the doctor for consultancy.
 
In rural India, the patients get affected due to the non-availability of doctors for treating them with prompt and accurate diagnosis. In spite of huge efforts by the government, it had become almost impossible to reach specialist care to the rural population. The main purpose of initiating virtual clinic is to provide quality health care services.
 
The benefit of the virtual clinic is that it is possible to leverage the expertise of specialists who are not available nearby; it promotes the extensive outreach of specialist. It saves the transportation time along with the cost of transportation. The advantage of the virtual clinic is that it is available on a fingertip, convenient for both doctor and patient. Because of convenience, frequent consultation will improve the outcome in chronic illness like heart failure, diabetes and respiratory failure.
 
The growth in the concept of the virtual clinic is likely to lead medico-legal and ethical challenges in India. The challenges include the confidentiality of patients, the standard of treatment, consent from patients, professional misconduct, credentials of doctors, licensure, reimbursement, penalties and liabilities as per the various prevalent laws. The challenges may adversely affect the acceptance and adoption of a virtual clinic consultation.
 
Cons of virtual clinics:
Virtual Clinic has some downsides because of its virtual nature as it requires infrastructure and technical training. It may reduce the direct interaction of the patients with doctors without the impersonal interactions and to make a complete diagnosis; the physical examination needs to be done.
 
Once the relationship between doctors-patient is established, it is doctors responsibility to provide treatment and due care. It raises the two important questions as follows:
 
Can a physician be sued for medical malpractice in operating a virtual clinic?
 
Can medical practitioners be protected by medical indemnity insurance?
 
All medical practitioners must maintain and establish the duty of care to clarify the responsibility of the patient as well as other health care providers. The roles and responsibilities of healthcare professionals should be clearly defined with respect to various aspects and extents.
 
In-country like the US, the virtual clinics allow patients to connect with a healthcare provider through text, video chat or telephone. The medical services in the virtual clinic include consultation, tests and online prescribing.
 
Services of Virtual Clinic limits to patients with the same province or territory, but to interact with them in a different jurisdiction, it is necessary to consider whether the telemedicine license is required or applicable. The requirement for licenses varies from provinces and territories.
 
The ethical and legal obligation of the physician is to protect the personal health information of the patient. The virtual clinics satisfy that the security protocols of information transmitted electronically, including video call, chat, text messaging, etc. Each of these has unique privacy challenges covered. In order to provide services, the jurisdiction where the patient is located is a must.
 
The method of delivering care through a virtual clinic presents unique challenges in obtaining consent from the patient. Some additional consent requirements are recommended while using telemedicine and virtual care. It may include the information of the patient where physicians are located, what is the status of their license, how is the privacy of the patient is managed and all about personal health information.
 
It is essential that medical records are made and maintained for any patient through the virtual clinic. The information of the patient’s medical history and clinical interactions is vital to maintain as the medical records are the legal documents that can be served as evidence of the care provided or the services given to them. The physicians will have continued access to the medical records after the consultation, especially when a patient initiates a claim or complaint. The owner or the operator of the virtual clinic having the custodian of the medical record of the patient should maintain the same in proper order.
 
For instance, BRYAN Health under the telemedicine meets the demand for virtual care and is an award-winning health system in Nebraska; they achieved their strategic growth by developing a virtual care service line with Zipnosis, a platform which allows BRYAN telemedicine to leverage internal clinical expertise and offering care to the patients.
 
Conclusion:
Virtual Clinics are a new upcoming reality to deliver healthcare. If India is thinking to evolve in the concept of a virtual clinic to provide the medical service, it is necessary to consider the medical-legal issues that can emerge. It is necessary to consider whether any special licensing requirements may apply, or the standards and guidelines concerning other medical technologies including privacy, security, consent and online prescribing are applicable.
New Medical Technologies in India
Nowadays, it is not surprising to see doctors using iPad to note and store the medical records of the patients. The rapid transformation of medical technology and the availability of technology for diagnostic and therapeutic equipment together with changing pattern for the practice of doctors have revolutionized the way of health care being delivered. The technology shift has cast itself by bringing a digital transformation in the interaction of patients and doctors.

The convergence of technology in healthcare has provided a huge opportunity to improve the experience of the patient and operate more efficiently. Health care technology solutions are able to improve and modernize medical care by reducing cost and avoid inefficiency.

Telemedicine, Hospital Information System (HIS), electronic records and web-based services have expanded the IT infrastructure in health care organizations of India.

Rajiv Gandhi Cancer Institute and Research Centre provides the diagnostic of high quality and take multi-disciplinary care of cancer patients. Today many of the health care institutes are at the forefront to enable the initiative of health care technology. Introduction of HIS, picture archival and communication system (PACS) and electronic health record system (EHR) has led to a rapid increase in the volume of data.

The data containing medical records of patient needs to be highly available rather than its remote accessibility with archival solutions. In the medical industry, it is very difficult to maintain the patient record, to meet the capacity demand of data-intensive medical images and records. To enhance the storage platform for fulfilling the requirement, technology helps a lot.

Revolution of Digital health Technology in India:

The statistics say that around 76% of health care professionals in India use Digital Health Technology in their practice.

Digital Health Technology is a pivotal pillar to deliver value-based care across the health care continuum in India. The technology evolved to lower the barriers between hospital and patient and to enhance the satisfaction with tools like telehealth and adaptive intelligence solutions. It was reported that about two-thirds of Indians feel comfortable about seeking medical advice from doctors through an application available on their phone. It suggests a high openness to adopt telehealth and unlock its benefits.

But the benefits of digital health technology or mobile health apps are not that popular in rural areas and also in the cities. Also, the implementation of technology is cost-effective and it is a compelling method to connect clinics in the cities and rural regions. Even though we are facing health care challenges, we are evolving the innovative solutions to help address the formidable challenges.

Recently evolved medical technologies in India include the smart inhalers, wireless brain sensors, robotic surgery, artificial organ, etc.

Smart inhaler: It is a small device called Bluetooth-enabled smart inhaler for asthma patients, which records the time and date of each dose and check whether the dose was correctly administered. The data is sent to the smart-phones of the patient to keep track and control on their condition.

Tele-health: Telehealth is a quickly developing technology that allows the patient to receive medical care through electronic devices instead of waiting for face-to-face appointments with the doctor. Highly personalized mobile apps are developed where patients can speak virtually with physicians and medical professionals to receive instant diagnosis and advice.

Precision Medicine: Advancement in Medical technology becomes more and more personalized to the patients. Precision medicine allows the physician to select therapies and medicine to treat a disease like cancer, which are based on the genetics of an individual. These personalized medicines are more effective than others as it attacks the tumour based on the genes and proteins of the patient, which helps to destroy the cause of disease.

Artificial Organs: It was revolutionary to regenerate skin cells for skin draughts of the victims suffering from burn marks. A scientist with the help of advanced technology has created blood vessels, synthetic ovaries and pancreas. The artificial organs then grow within the body of the patient to replace the faulty one.  The ability to supply artificial organ accepted by the human body is revolutionary, saving the lives of many patients.

Wireless Brain Sensor: It is a medical device that will aid doctors in measuring the temperature and pressure within the brain which reduces the need for additional surgeries. Medical technology has developed an electronic device that can be placed in the brain and dissolve when it is no longer needed.

3D printing: 3D printing is again the unique technology where these printers can be used to create implants and can be used during surgery. 3-D printed prosthetics contains the digital functionalities that match the individual’s measurements down to the millimetre. It can be used to print pills that contain multiple drugs which will help patients to monitor multiple medications.

Robotic Surgery: It is used in minimally invasive procedures and helps to aid precision. With the help of robotic surgery, surgeons can perform the complex procedures that are highly difficult to conduct. Advancement in technology can allow surgeons to view additional information which is vital during surgery. The invention raises the concern that it will replace the human surgeons, but it will only be used to assist and enhance surgeons in the future.

Virtual Reality Device: It is a sophisticated tool used to gain the experience they need while rehearsing procedures and providing a virtual understanding of the connection of human anatomy. It acts as a great aid for patients helping them with diagnosis, plans of treatment and procedures they may be going through.

Artificial Intelligence: Artificial Intelligence can be defined as the capability of devices to learn on their own without an explicit program. It is used in medical education with the potential to reduce the count of actual dissertation and help in the study of a human body.

CRISPR: Clustered Regularly Interspaced Short Palindromic Repeats (CRISPR) is the most advanced technology in editing the gene of a human. By harnessing the natural mechanism of the immune system of bacterium cells for invading viruses which will help to cut down the infected DNA strands. The cutting of DNA has the potential power to transform the way of treating a disease. With the modification of gene, the major threats of health like cancer and HIV could be potentially overcome in future.

Conclusion:

A sound regulatory framework is essential for the growth of medical technology. The government of India is in the process of developing a separate legal framework designed to ensure the quality, safety and performance of the medical devices. The framework will take into consideration certain international standards like the Global Harmonization Task Force (GHTF). However, for the safety and quality in medical devices, appropriate regulation and quality control processes will be pre-requisite for innovation to sustain.

Land Records & Titles

In India, the land is a valuable asset; its value depends on its location and the growing population. The demand for land keeps on increasing, while the supply is limited. Access to land impacts the livelihoods, industrial, economic and social growth. The ownership of land is determined by the title of the land. The title of the land should be clear so that it protects the rights of the title-holder against the claims made by others for that particular property.

Land ownership in India is determined through different records such as sale deeds, government survey records and property tax documents, but these documents are not a guaranteed title to the property by the government as those are only a record of the transfer of property. Land records consist of types of information which are maintained in the government offices of different districts and villages. Poor land records could affect the transactions of future property.

Need For Clear Land Titles

There are various lands in India, the titles of which are unclear due to several reasons. Land titles are unclear due to legacy issues and the gaps in the legal framework, poor administration of land records and zamindari system. Thus, the unclear land records lead to legal disputes of its ownership, which affects the sector of agriculture and real estate. The land is also used as collateral for obtaining loans by farmers. Disputed lands lead to a lack of transparency in real estate transactions, making them inefficient in the market. To execute the new projects, it requires clarity on the value and ownership of the land; therefore, it becomes difficult in the absence of clear land titles.

Under new urban development schemes, cities try to raise their revenue by way of land-based on financing and property taxes. It becomes necessary to provide a clear land title in urban areas.

Why Are Land Titles Unclear?

In India, ownership of land is presumptive. The Transfer of Property Act, 1882 and the Registration Act, 1908lists down the provisions relating to the sale or transfer of the land.  Therefore, the registration of the property refers to the registration of the transaction and not the title of the land. While registering the transaction of property, the buyer has to pay a registration fee along with the stamp duty. The rates of stamp duty are calculated on the cost of the property and vary from state to state.

It raises the cost of property transactions, which leads to avoiding the registration of the transaction. All transaction of the property is not mandatory to register, under the Registration Act, 1908. It includes the acquisition of land by the government, heirship partitions, court orders, and property leased for less than a year.

Land records contain various types of information such as details of the property, past transactions, details of property mortgage, etc. Mistakes are often noted in land records at the departments. For example, the transaction of a registered property through a sale deed may not be updated in the survey department.

Legal Framework

The transfer of land or property is recorded through a sale deed, which is to be registered under the current legal framework. Transfer of land takes place through sale, purchase, mortgage, tenancy, inheritance, etc. The Transfer of Property Act, 1882 states that the right, title and the interest of the land can be transferred through a registered instrument.

According to Registration Act, 1908, while registering a sale deed, it is checked whether the last sale deed was recorded correctly. At the time of registration, the details of the buyer and seller are checked and verified through various identity proof documents. Registration of sale deed makes the document of transfer a permanent public record which helps in monitoring and verifying under whose name the land was previously registered in the land records. If a sale deed is not registered, then it is not admissible as evidence for ownership in the court of law.

The onus of checking the validity of the title of land is on the buyer. It is challenging to carry on the process of verification if the records of land are not maintained in the government departments.

In a dispute over the title of a land/property, the parties asserted that the title is placed on their name and it should be reflected in the revenue records. Recently in January 2019, in the case ‘Smt. BhimabaiMahadeoKambekarVs, Arthur Import and Export Company’, the Supreme Court clarified the law that the mutation entry of land in the revenue records does not create or extinguish the title over the land. The mutation entries are maintained for the commercial purpose and to ensure that the land revenue is paid by the person whose name is recorded.

The records maintained are supposed to reflect the changes as some transactions like gift deed are to be kept in revenue records and not necessarily required to be registered under the registration act. Since land is a concurrent subject in Indian Constitution, both centre and state have law-making power.

The Indian Constitution has clubbed the maintenance of land records, land revenue, survey and records of right in the State List. Whereas in Concurrent list, the subjects listed by parliament are stamp duty, registration act, transfer of property act, etc. have a direct bearing on land records. In order to rectify the anomaly in the land situation, the central government had drafted the Model Land Titling Bill, 2011, which aimed to move towards establishing the titles under the government notification. The government launched the National Land records Modernizing Program 2008 to address the issue of land titling in India.

Unfortunately, due to some primary reasons like unexplained clarification of inadequate land records, unexplained functioning of authorities in the current system, the bill did not create many blends in the State Legislature.

In R.SureshBabuvsG.Rajalingam And 2 Others, the High Court of Andhra Pradesh stated that the registration of every document is compulsory under the Indian Registration Act. Such document if not registered, will not be allowed/ enforceable for the purpose of specific performance. Any unregistered document will not be allowed to submit as proof of the act of registration or any claim for any property. Such a document will not be admissible in the court of law. This decision provided by the Andhra Pradesh High Court is subject to changes if appealed in the Supreme Court.   

Conclusion

After the enactment of the Real Estate Regulation Act (RERA), 2016 mandates the State Government to title the upcoming real estate transaction. It has put a significant impact on the poor records of titles. The system of maintaining records envisaged under the Registration Act runs parallel to the records maintained by the revenue department. Real estate has become an area where the absence of a transparent system of titling has an enormous transaction cost.

A solution to the problem of land titling lies in the upcoming technology drive that should be initiated in the legislative. The use of artificial intelligence-based solutions can be used to track the illegal constructions and incomplete title records of land.

Regulations for firecrackers during Diwali

Diwali is termed as one of the most popular festivals in Hinduism. This festival depicts the victory of light over darkness, good over the evil. Every household, shops and other establishments are illuminated for the period of five days during the festival. But, these days the celebration of Diwali is harming nature in a disastrous way.

Diwali includes a ritual of burning crackers throughout the country, which results in air and noise pollution. People in India, under the influence of such a ritual, burn millions of crackers resulting in disastrous damage to the atmosphere. Considering the fact of the increasing population and the use of vehicles have already degraded the climate to an alarming stage, various measures have been implemented or are in the process to reduce pollution, whereas crackers in Diwali has proven to be an added disadvantage to the ecosystem.

Crackers and its harmful pollutant chemicals have been a principal cause of asthma, bronchitis and other lung diseases. Noise is an additional terrible element in the cracker, causing pollution. Elders and kids especially suffer from a problem relating to noise such as hearing deficiency, mental stress, headache and many other diseases. Crackers not just add air and noise pollution, but also lead to land pollution as the leftover of cracker results in degrading the quality of the land.

STATISTICS

Statistically, the environmentalist says that one day of burning cracker in Diwali has proven to increase global warming amicably as compared to vehicles used by people in their day to day life.

There is an increase in the number of patients who got injured due to firecrackers in Delhi, the national capital region from the year 2002 to 2010. During the study period, the hospital received approximately one patient with firecracker-related injury per 100,000 population of the city. 73.02% of the victims were between 5–30 years old. The majority (90.87%) of them sustained with more than 5% burn on the body surface.

RULES AND REGULATIONS FOR CRACKERS IN DIWALI

At the time of Festival, the Apex court has refused the ban on burning the crackers but has curbed the use of crackers, that are harmful in nature.

Following are the reason for giving up a cracker in Diwali:

1. Smog: Firecrackers these days is a leading reason for smog in the country. The capital city of India has a principal victim for harm caused to Smog in the atmosphere.

2.  Fire Accidents: Accidents due to firecrackers these days are increasing in numbers, that is the reason why many sign/instructions are provided behind the crackers box. The inflammatory nature of crackers has led to many accidents such as Kozhikode accidents causing fire burns to manufacturers due to spark in the factory.

3. Child labour: Manufacturers of crackers employ children in factories resulting in the child labour which is a violation of the fundamental right in Constitution.

4. Ill-effects on Kids and Pregnant Women: Dr Ashwini Nabar has claimed that burning of firecrackers in Diwali or general has led cause harm to pregnant women. Such cracker many results in bad health of the child in the mother’s womb. The loud noise of cracker causes Tinnitus that led to sound like the ring in ears longing for more than 24 hours.

JUDGEMENT

It was said in Arjun Gopal v/s Union of India that firecrackers are proven to have a direct causal connection to air pollution; it was evident that the pollution was increased to PM2.5 level, which a very serious matter to be considered. Gauri Maulekhi, an applicant has placed various evidence stating the ill effects on animal. Studies and reports presented by her depict the profound effect of noise/sound on the health of animals, extending to their neuroendocrine system, reproduction and development, metabolism, cardiovascular health, cognition and sleep, audition, immune system, DNA integrity and gene expression. It has also been proven that noise pollution has led to temporary or permanent hearing impairment in animals. In long judgment provided by the Supreme Court, it has made a law regulating firecracker and its administration in a more stringent way than before. Also, with the consideration given to the festival and people’s demand for burning cracker, the court has curbed the use of it. Tamil Nadu pollution control board has implemented a new rule; the board has provided the time slots for a burning cracker. Understanding the measures that may help to have a harmonious construction of decision; the Supreme Court decided to refuse the blanket ban and introduce the green crackers.

CONCLUSION

Although a regulation as mentioned above in the Tamil Nadu judgement is not levied in all the states, if not legally, Indians should morally follow the judgement for the betterment of the society and the generations to follow.


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