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Showing posts from April, 2006

THE MORALITY OF FRANKESTEIN’S CLONE

This article deals with Legal and ethical questions raised by cloning
‘Human Cloning had been achieved early in the twenty-first century. Even when the technology had been perfected, it had never become widespread, partly because of ethical objections and partly because there were few circumstances that could ever justify it.’
Arthur C. Clarke; Imperial Earth

FRANKESTEIN
It was a bright cold day in spring of 1814 when Shelley, the great romantic poet eloped for the second time1 With Mary Godwin first to France, then to Switzerland. There he was to meet Lord Byron his friend, another great poet of that era.

It was the time when the fundamentals of electricity were taking shape. Galvani had discovered that frog muscles could respond to two different metals. He thought, muscles had animal electricity. Volta soon disproved it by showing that two different metals could produce electricity. Volta had made the first electric battery. And then Humphrey Davy made a more powerful battery and c…

CHAPTER-V: LAW & SCIENCE

Science is progress. Its transcends all disciplines. It will have greater impact in times to come.


All articles in this book except one have already been published in different newspapers and magazines. The article GAY RIGHTS PARITY CONSERVATION-MIRROR IMAGES has not been published (see Endnote-1). I had sent it to many magazines and newspapers but no one was willing to publish it. May be the connection, which I have tried to build up between the ‘Gay Rights’ and ‘Parity Conservation & Mirror Images’ is too weak,(Endnote-2) or may be the article is controversial. I am neither Gay nor do I approve of it. Then why did I write it? Well, the bond between the two ideas operating in different spheres fascinates me. It is for this reason that the two articles in this chapter were written.


Endnote-1: It has since publication of the 1st edition, published after the controversy over the movie ‘Fire’.

Endnote-2: This is what Dr. Jim Samuelson, a high energy physicist from Sweden, has to say,
&…

IN THE MATTER OF ‘A JUDGE’

This article is a protest against the higher courts making observations against the lower courts. It is written as an opinion of a court and deals with a case where a judge of a lower court has sued the judge of the higher court for making an observation (lower court judge is a fool) against him. This observation was made after placing a different interpretation than the one, which was prevalent at the time when the lower court judge (Plaintiff here) gave his judgement. He (the lower court judge) was judged by the law changed by the higher court judge (defendant here). There is no such case where one judge has sued another, however this can not be said about passing strictures or making observations. This has happened many times and often unnecessarily.

The article in this process traces the history of law relating to liability of the judges in deciding disputes. It took some time to understand that independence of the judiciary is not possible unless judges are protected. There is no…

PRETTY ONES

This article traces history of ‘Person’ clause cases where women claimed equal rights with men and the Allahabad High Court, which has the distinction of enrolling, Cornelia Sorabji, the first woman advocate under the Person clause.

CHAPTER-IV: LAW & HISTORY

History is as important to Law as the Law itself is.

Men often talk about women’s rights. It’s fashionable. So do I. In Pretty ones you will find history for equal rights for women in law courts.

One day, when I was talking about women rights, my wife innocently asked me, ‘You merely talk. But do you believe in it? My father practised it. When he came back from Harvard Medical School in 1963; he left his 28 year old wife in Toronto to do her Post Doctoral studies. Would you ever do the same?’

Not to be outdone I answered, ‘My father was a district court lawyer in Banda. He, in 1939 had permitted his 19 year old wife, married but a year ago, to live in a hostel, to do her BA and then LL.B. from Benaras Hindu University.’

The result was that my wife has been abroad many times in connection with her studies and I have yet to go abroad even once.

Aren’t they clever?

THALIDOMIDE BABIES AND RELIANCE PETROCHEMICAL

This article is a comment on the Thalidomide case in England (where newly born babies had flippers instead of hands and legs) and Reliance Petrochemicals in India, where two competing rights namely the right to know and the right to a fair trial were involved.

THE MONKEY TRIAL

This article is a comparative study of Odyssey Communications Pvt. Ltd. Vs Lokvidayan Sangathan AIR 1988 SC 1642 (the Honi Anhonee case), Edwards Vs Aguilard (482 US 510) a similar case in USA where vires of Balanced Treatment for Creation-Science and Evolution-Science in Public School Instruction Act (Creationism Act) was challenged and ‘The monkey trial’ where Scopes, a biology teacher was prosecuted for teaching Darwin’s ‘Origin of Species’.

DECISIONS ARE FROM THE HEART RATHER THAN THE HEAD

This article is about: American Supreme Court; the case Griswold Vs Connecticut 381 US 479; Family planning and Right to Privacy, and of course the decision making process.

BUT IS IT FAIR?

This article is about the case ‘Miranda Vs. Arizona’ 348 US 486; the ‘exclusionary rule’; Earl Warren the 14th Chief Justice of USA and the philosophy of fairness that governed his life.

THE ROSENBERG SAGA

This article is about the Rosenberg couple who were sentenced to death for leaking nuclear secrets to USSR during second world war and the interesting book ‘The Implosion Conspiracy’ about this case. This book is written by Louis Nizer, who was a leading trial lawyer of America.