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[1] The Constitution of India, art. 21.

[2] General Christian View, “Religious Perspective on Euthanasia”, Institute of Clinical Bioethics, March 14, 2011. Available at <https://sites.sju.edu/icb/religious-perspectives-on-euthanasia/ > (last visited on May 10, 2021).

[3] Kiarash Aramesh and Heydar Shadi, “Euthanasia, An Islamic Ethical Perspective”, 6 Iran J Allergy Asthma Immunol 35-38, (2007).

[4] Religions, “Euthanasia, assisted dying, and suicide”, BBC, Aug 25, 2009. Available at <https://www.bbc.co.uk/religion/religions/hinduism/hinduethics/euthanasia.shtml > (Last visited on May 10, 2021)

[5] Toyomasa Fuse, “Suicide and culture in Japan: A study of Seppuku as an institutionalized form of suicide”, 15 Soc Psychiatry 57-63 (1980).

[6] AIR 1997 SC 411

[7] Attempt to commit suicide.

[8] (1877) 94 US 133

[9] 1963 AIR 1295.

[10] 1988 Cr. LJ 549

[11] 1994 AIR 1844.

[12] Ibid., para 88

[13] ibid

[14] (1962) 2 SCC 648

[15] Euthanasia, Defined by Britannica. Available at < https://www.britannica.com/topic/euthanasia > (Last visited on May 12, 2021).

[16] Brassington, I, “What passive euthanasia is”, 21 BMC Med Ethics 41 (2020). Available at <https://bmcmedethics.biomedcentral.com/articles/10.1186/s12910-020-00481-7 >

[17] Voluntary Euthanasia, Stanford Encyclopaedia of Philosophy. Available at <https://plato.stanford.edu/entries/euthanasia-voluntary/ >

[18] Sarah Mroz, Sigrid Dierickx, luc Deliens, et.al., “Assisted dying around the world: a status questionis”, 10 Annals of Palliative Medicine (2021).

[19] AIR 2011 SC 1290.

[20] The doctrine implies that the king is the father of the State and is under the obligation to look after the interest of those who are unable to look after themselves, it means if a citizen is in need of someone who can act as parents and make decisions, sometimes it is the State who is best suited for that role.

[21] AIR 2018 SC 1665.

[22] Gian Kaur v. State of Punjab, (1996) 2 SCC 648

[23] Faizan Mustafa, “Is the right to Die an Issue for the Poor?”, The Wire, March 23, 2018. Available at <https://thewire.in/law/is-the-right-to-die-an-issue-for-the-poor > (Last visited on May 15, 2021).

[1] Ram Gulam And Anr. vs Government Of U.P. on 22 August, 1949 AIR 1950 All 206

[2] Kasturilal Ralia Ram Jain vs The State Of Uttar Pradesh on 29 September, 1964 ; 1965 AIR 1039, 1965 SCR (1) 375

[3] The Lasalgaon Merchants vs Prabhudas Hathibhai And Ors. on 16 March, 1965 AIR 1966 Bom 134, (1965) 67 BOMLR 823, ILR 1966 Bom 526

[4] State Of Bombay (Now Gujarat) vs Memon Mahomed Haji Hasam on 5 May, 1967, 1967 AIR 1885, 1967 SCR (3) 938

[5] Basavva Kom Dyamangouda Patil v. State of Mysore ((1977) 4 SCC 358)

[1] 3 Issue 4 Int'l J.L. Mgmt. & Human. 2431 (2020) Marriages under Different Laws

[2] 5 Allahabad L.J. 103 (1908) The Mitakshara Theory of Sapindaship in Hindu Law

[3] Provided that none of the above shall invalidate disposition or alienation in her property which had taken place before the 20^th day of December, 2004

[4] Vineeta Sharma v. Rakesh Sharma,(2020) 9 SCC 1

[2] J K Mathur, ‘Credit Card Fraud- Improving Security’, www.chillibreeze.com/articles/creditcardfraud. Asp, as accessed on April 3, 2022.

[3] Mark Roberti, ‘Are RFID-Enabled Credit Cards Safer Than Magstripe Cards?’, RFID Journal, 15 September, 2011.

[4] J K Mathur, ‘Credit Card Fraud- Improving Security’, www.chillibreeze.com/articles/creditcardfraud. Asp, as accessed on April 3, 2022.

[5] ‘Phishing scams attempt to collect credit card numbers, passwords, etc.’, http://www.webopedia.com/TERM/P/phishing.html, as accessed on April 3, 2022.

[6] ‘Application of Consumer Protection Laws on goods sold online- who is liable for defective goods’, https://blog.ipleaders.in/consumer-protection-laws-ecommerce/

[7] ‘Application of Consumer Protection Laws on goods sold online- who is liable for defective goods’, https://blog.ipleaders.in/consumer-protection-laws-ecommerce/

[9] ‘Legal Framework Regulating E-Commerce in India’, https://blog.ipleaders.in/ecommerce-law/

[12] Press Information Bureau, Government of India, Ministry of Consumer Affairs, Food and Public Distribution.

[13] Section 2(d) of Consumer Protection Act, 1986.

[17] Section 4(1) of Sale of Goods Act, 1930 states that a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price.

[21] Smt. Ramala Roy vs. Rabindra Nath Sen, 1994 (I) CPR 66

[24] ‘Application of consumer protection laws on goods sold online – who is liable for defective goods?’,https://blog.ipleaders.in/consumer-protection-laws-ecommerce/

[1] National crime Records Bureau, Death and illness, (Ministry of home affairs ,2020) <https://ncrb.gov.in/sites/default/files/psi_table_and_chapter_report/Table-8.1-2020.pdf> accessed 07-September 2022

[2]Government of India, Model Prison Manual 2016, (Ministry of Home Affairs) <https://jail.mp.gov.in/sites/default/files/partper cent201.pdf> accessed 28 July 2022

[3] Press Trust of India, ‘NHRC issues notice to MP Govt, police over ‘gang rape’ of woman in lock-up’, (Business Standard Oct 19, 2020) <https://www.business-standard.com/art./current-affairs/nhrc-issues-notice-to-mp-govt-police-over-gangrape-of-woman-in-lock-up-120101901584_1.html> accessed 28 July 2022

[5] H.R Bhardwaj, Crime, Criminal Justice and Human Rights, (Konark Publishers Pvt Ltd. 2001)192.

[6] James Dignan & Mike Maguire, Understanding victims and Restorative Justice, (Open University Press, 2005)13-50

[7]The Oxford Learner’s Dictionary, Definition of Victim,), <https://www.oxfordlearnersdictionaries.com/definition/american_english/victim> accessed 22 July, 2022

[8] The Criminal Procedure Code (Amendment) Act, 2008, s 2(wa)

[9] Jo-Anne Wemmers, ‘Victims’ rights are human rights: The importance of recognizing victims as persons’ (2012) TEMIDA <http://www.doiserbia.nb.rs/img/doi/1450-6637/2012/1450-66371202071W.pdf> accessed 22 July, 2022

[11]What-when-how, ‘Victimology’, (In Depth tutorial and Information), http://what-when-how.com/interpersonal-violence/victimology/ accessed 10 June, 2022

[12]Victorian Equal Opportunity and Human Rights Commission, ‘Victimisation’,<https://www.humanrights.vic.gov.au/for-individuals/victimisation/>accessed 10 June, 2022

[13]K.S. Rekh Raj Jain, ‘Effective and Humane Restoration of Prisoners With Special Reference to India’, (2020) Journal of Victimology and Victim Justice<https://perspectivesblog.sagepub.com/blog/criminology/effective-and-humane-restoration-of-prisoners-with-special-reference-to-india> accessed 10 June 2022

[14] Mahendra P. Singh, Crime and Redemption of Criminals Probation of Offenders, (Deep & Deep Publications, New Delhi 1987)25

[15] National Crime Records Bureau, Prison Statistics 2000, (Ministry of Home Affairs, 2000)21 <http://164.100.68.46/StatPublications/PSI/Prison2000/Prison2000.htm> accessed July 27,2022

[17] State Commission for women, Women in prisons- an exploratory study in Odisha (SRCW 2014-2015)5

[18] Suresh Bada Math (et al, ed.), Mind Imprisoned: Mental Health Care in Prisons, (NIMHANS, Banglore 2011)

[19] Kristen Johnson (et al.,) ‘Association of sexual violence and human rights violations with physical and mental health in territories of eastern democratic republic of the congo’, [2010] JAMA

[21] Messina N (et al.,) ‘Predictors of Prison-Based Treatment Outcomes: A comparison of Men and Women Participants’ [2006] The American Journal of Drug and Alcohol abuse, 7-28

[22] NHRC & Ors v State & Ors WP (Crl) No 1278/04

[25] National Crime Records Bureau, Prison Statistics India 2020, (Ministry of Home Affairs 2020)

[26] Criminal Justice Handbook Series, Women and Imprisonment: 2^nd edn, with reference to United Nations Rules for the treatment of women prisoners and non-custodial measures for women offenders (The Bangkok Rules), (UN publications 2014)

[27] Diane Caddle, Age limits for babies in prison : some lessons from abroad, (1998, Home Office, London)2

[29] Emma Stanley and Stuart Byrne, ‘Mothers in prison: coping with separation from children’,( Australian Institute of Criminology in conjunction with the Department for Correctional Services SA, 2000) <https://www.hindahelps.com/media/pdf/1129/ZmuG11293377.pdf> accessed 27 July 2022

[31]Government of India, Report of All India Committee on Jail Reforms (Mulla Committee), (Ministry of Home Affairs 1980-83)1 <https://www.mha.gov.in/MHA1/PrisonReforms/report.html> accessed 27 July, 2022

[34] Rickford D, Troubled inside Responding to the mental health needs of women in prison, (Prison Reform Trust, 2003)

[38] Brenda van den Bergh (et al,.) Women’s Health and the Prison setting, Prisons and health, ,(WHO 2014)<https://www.euro.who.int/__data/assets/pdf_file/0006/249207/Prisons-and-Health,-18-Womens-health-and-the-prison-setting.pdf> accessed 10 June, 2022

[39]Government of India, Women in Prison-India 2018, (Ministry of Women and Child Development 2018), <https://wcd.nic.in/sites/default/files/Prisonper cent20Reportper cent20Compiled_0.pdf> accessed 10 June, 2022

[40] Umang Aggarwal, ‘Indian Prisons Need Gender-Sensitive Reform as Women Inmates Face Double Marginalisation’, (Firstpost), <https://www.firstpost.com/opinion/indian-prisons-need-gender-sensitive-reform-as-women-inmates-face-double-marginalisation-10837981.html >accessed 26 June, 2022

[44] India Today, Tamil Nadu woman tortured in custody over allegations of theft, 4 police officials suspended, (May 19, 2022),<https://www.indiatoday.in/india/story/tamil-nadu-woman-tortured-custody-allegations-theft-police-officials-suspended-1951411>accessed 19 May, 2022

[49] Dr. Deepak Kumar, ‘Constitutional Human Rights of Prisoners in India: An Analysis’, [2015] 3:21SRJIS

[51] The Universal Declaration of Human Rights, 1948, art.5

[52] The International Covenant on Civil and Political Rights, 1966, art.7

[54] The International Covenant on Economic, Social and Cultural Rights, 1966

[55] The United Nations Standard Minimum Rules for the Treatment of Prisoners (The Nelson Mandela Rules),2016

[73] The Optional Protocol to the Convention Against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment, 2003

[74] The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, 1988

[78] Veena Sethi v. State of Bihar (1982) 2 SCC 583

[1] Maternity Protection Convention, 1919 , Convention C003 (No. 3)

[2] Convention C183 - Maternity Protection Convention, 2000 (No. 183)

[3] Maternity Benefit Act, 1961 no. 53 (Dec 12, 1961 )

[4] Maternity Benefit Act, 1961, 4 , no 53, (Dec. 12, 1961)

[5] Maternity Benefit Act, 1961, 5 ,No. 53,(Dec. 12, 1961)

[6] Maternity Benefit Act, 1961, 13,No. 53 (dec. 12, 1961)

[7] Amendments to the Maternity Benefit Act, 1961 ( aug 10, 2016)

[8] M.P. Maternity Benefit Rules, 1965 , 8,The gazette of india, part 4 (may 20, 1966)

[10] Chief Labour Commissioner | Government of India (clc.gov.in)

[11] MUNICIPAL CORPORATION OF DELHI VS . FEMALE WORKERS (MUSTER ROLLS) AND ANR.AIR 2000 SC 1274: (2000) 3 SCC 224 (India) or,

[12]Air India v. NargeshMeerza1981 AIR 1829,(India)

[13] https://www.indialawoffices.com/legal-articles/maternity-benefit-act-1961-with-latest-amendments-of-2017

[1]Tej Bahadur Singh, Principle of separation of powers and concentration of authority, IJTRL Journal (1996)

[2] E.Peru Sudhakar v. State of AP- (2006) 8 SCC 161.

[3]Akash Triksha, “Seperation of Powers-Indian Perspective”, Palarch;s JOAE, (2020).

[4]Nidhi Singh and Anurag Vijay, Separation of Powers:Constitutional Plan and Practise, 3 International Journal of Scientific and Research Publication, (2013).

[6] Ram Jawaya Kapoor v. State of Punjab- AIR 1955 SC 549 ⁷Chandra Mohan v. State of UP- AIR 1966 SC 1987.

[7] Kesavanandha Bharathi v. State of Kerela- AIR 1973 SC 1461.

[8] Jayanti Lal Amrit Lal v. SM Ram- 1964 SCR (5) 294.

[10] In Re Special reference- AIR 1999 SC 1.¹²SCOARA v UOI- 1991 SCC 574.

[11] Asif Hameed Ali v State of Jammu and Kashmir- AIR 1989 SC 1899.

[13] Hari Shankar Bhagala v State of MP- AIR 1954 SC 465 ¹⁶KT Moopil Nair v State of Kerala- AIR 1961 SCC 552.

[14] Gwalior Silk Manufacturing industries v. CST- (1967) 20 STC 430.

[17] Gullaballi Nageshwara Rao v. State of Andhra Pradesh- 1959 AIR 308 ²¹Province of Bombay v Kusaldas- AIR 1950 SC 222.

[19] BS Minhas v. Indian Statistical Institute- 1984 AIR 363.

[20] Khet Singh v Union of India- AIR 2002 SC 1450.

[1] S Singh, The historical development of prisons in South Africa: A penological perspective, NWU Institutional Repository, 2005, http://dspace.nwu.ac.za/handle/10394/5312.

[2] National Human Rights Commission, New Delhi, Improving Prison conditions in India—A Human Rights Perspective. (unpublished manuscript)

[3] Some of the United Nations Instruments are as follows:

i. Standard Minimum Rules for the Treatment of Prisoners (1955).

ii. Principles of Medial Ethics relevant to the Role of Health Personnel, particularly physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (1982).

iii. Convention against Torture (1984).

iv. Body of Principles for the Protection of All Persons under any form of Detention or Imprisonment (1988).

v. Basic Principles for the Treatment of Prisoners (1990).

vi. United Nations Standard Minimum Rules for non-custodial measures (The Tokyo Rules) (1990).

[4] Charles Sobraj v. Supt., Central Jail, (1978) 4 SCC 104 : AIR 1978 SC 1514

[6] Charles Sobraj v. Supt., Central Jail, (1978) 4 SCC 104 : AIR 1978 SC 1514;

[7] Sunil Batra v. Delhi Admn., (1978) 4 SCC 494 : AIR 1978 SC 1675; Sunil Batra (II) v. Delhi Admn., (1980) 3 SCC 488 : AIR 1980 SC 1579

[8] These are Prisoners Act (1894), Prisons Act (1900), Identification of Prisoners Act (1920), Transfer of Prisoners Act (1950) Prisoners (Attendance in Courts) Act (1955), Civil Jails Act (1874), Borstal School Act, Habitual Offenders Act, and Mental Health Act, 1987. Other than these, the Jail Manuals of each State govern the day to day administration of prisons in the States.

[9] SREEKUMAR. R, HANDBOOK FOR PRISON VISITORS, New Delhi: Commonwealth Human Rights Initiative, (2003).

[10] Sheela Barse v. State of Maharashtra, (1983) 2 SCC 96: AIR 1983 SC 378; and also refer Section 24(3) of Prisons Act, 1894.]

[11] Refer various sections of Prisons Act, 1894: such as Sections 24(3); 13, 26(3), 26(2), 29, 35(2), and 39-A. Also refer Rama Murthy v. State of Karnataka, (1997) 2 SCC 642 : AIR 1997 SC 1739; and NHRC letter DO No. 4/3/99-PRP and P dated 11-2-1999 addressed to all Chief Secretaries/Administrators of all States/UTs.

[12] Section 27(3), Prisons Act, 1894: and Rakesh Kaushik v. B.L. Vig., 1980 Supp SCC 183: AIR 1981 SC 1767.

[13] Section 27(3) Prisons Act, 1894. Also refers to the Right to Protection against Being Force into Sexual Activities.

[14] Section 436-A CrPC lays down the right of an under trial to apply for bail once he/she has served one-half of the maximum term of sentence he/she would have served had he/she been convicted. On a bail application filed under this section, the Court shall hear the Public Prosecutor and may order the:(i) release such person on a personal bond with or without surety; or(ii) release of such person on bail instead of personal bond; or(iii) continue detention of such person (in cases pertaining to (2) and (3). The Court is required to record reasons in writing. This section further prescribes the detention of an under trial beyond the maximum period of punishment prescribed for the offence he/she is alleged to have committed. (This provision is not applicable to persons who are accused of an offence which attracts death sentence as are of the punishment). This is noteworthy to maintain that Section 436-A was inserted in the Criminal Procedure Code by the Code of Criminal Procedure (Amendment) 2005 vide Act 25-9-2005, w.e.f. 23-6-2006.Please also refer Supreme Court rulings in Motiram v. State of M.P., (1978) 4 SCC 47 : AIR 1978 SC 1594; Hussainara Khatoon v. State of Bihar, (1980) 1 SCC 93 : AIR 1979 SC 1360; Supreme Court Legal Aid Committee v. Union of India, (1994) 6 SCC 731; Common cause v. Union of India, (1996) 4 SCC 33.

[15] Hussainara Khatoon (1) v. State of Bihar, (1980) 1 SCC 93: AIR 1979 SC 1360. This aside, non-official visitors appointed under Jail Manual Rules should follow up with the officials concerned.

[16] M.H. Hoskot v. State of Maharashtra, (1978) 3 SCC 544: AIR 1978 SC 1548. Also refer Section 383 CrPC Sunil Batra (II) v. Delhi Administration, (1980) 3 SCC 488 para 79(1) of p. 522.

[17] Section 40 of Prisons Act, 1894. Also refer Sunil Batra (II) v. Delhi Admn., (1980) 3 SCC 488 para 78 (3) of p. 521.

[18] Veena Sethi v. State of Bihar, (1982) 2 SCC 583: AIR 1983 SC 339. Also refer Section 12(2) of Prisons Act, 1894.

[19] Munna v. State of U.P., (1982) 1 SCC 545: AIR 1982 SC 806. Also refer No escape: Male rape in US prisons, Human Rights Watch, New York, 2001.

[20] Prem Shankar Shukla v.Delhi Admn, (1980) 3 SCC 526: AIR 1980 SC 1535. Also refer Sunil Gupta v. State of M.P., (1990) 3 SCC 119 and Citizens for Democracy v. State of Assam, (1995) 3 SCC 743: AIR 1996 SC 2193.

[21] Francis Coralie Mullinv. Union Territory of Delhi, (1981) 1 SCC 608 : AIR 1981 SC 746

[22] Sunil Batra v. Delhi Admn., (1978) 4 SCC 494 : AIR 1978 SC 1675

[23] Sunil Batra (II) v. Delhi Admn. (1980) 3 SCC 488 para 78(4) at p. 521.

[24] Sunil Batra (II) v. Delhi Admn. (1980) 3 SCC 488 at page 504.

[25] Rudul Shah v. State of Bihar, (1983) 4 SCC 141: AIR 1983 SC 1086, Sebastian M. Hongray v.Union of India, (1984) 3 SCC 82: AIR 1984 SC 1026 and D.K. Basu v. State of W.B., (1997) 1 SCC 416: AIR 1997 SC 614.

[28] Sunil Batra (II) v. Delhi Admn., (1980) 3 SCC 488 para 79 (1) of p. 522.

[29] Sunil Batra (II) v.Delhi Admn, (1980) 3 SCC 488.

[31] Various Sections 34 and 35 of Prisons Act, 1894 and also State of Gujarat v. High Court of Gujarat, (1998) 7 SCC 392.

[32] Singh, Hira, Status of Human Rights in Prisons, ACPF Sixth World Conference, New Delhi (December, 1999)

[33] A Group of Officers on Prison Administration headed by Shri R.K. Kapoor (1986) popularly known as Kapoor Committee, was constituted to examine and review various aspects such as prison administration and prison management, especially in the context of security and discipline in prisons and suggest measures for their improvement

[34] National Expert Committee on Women Prisoners of 1987 chaired by Justice V.R. Krishna Iyer.

[35] Third Report of the Parliamentary Committee on Empowerment on “Women in Detention” presented to the Parliament on 24-8-2001.

[36] Committee on Reforms of Criminal Justice System, Government of India, Ministry of Home Affairs, New Delhi, (2003).

[37] Constituted by Bureau of Police Research and Development, Ministry of Home Affairs, Government of India, New Delhi.

[38] Constituted by Ministry of Home Affairs, 2007.

[39] One of the important functions of the National Human Rights Commission as provided under Section 12(c) of the Protection of Human Rights Act, 1993 (as amended) by the Protection of Human Rights (Amendment) Act, 2006—No. 43 of 2006) is to “visit notwithstanding anything contained in any other law for the time being in force, any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make recommendations there one to the Government”. The Commission during the last 16 years undertook visits to a large number of prisons all over the country, enquired into numerous complaints regarding violation of human rights from prisoners and highlighted the need for prison reform in its orders and reports. The Commission time and again reiterated that there is an urgent need for systematic reforms in prisons. (For details please refer proceeding of workshop on detention held on October 11-12-2008, at New Delhi, published by NHRC, New Delhi, 2008. Also refer Annual Reports and a recent publication “Human Rights Best Practices Relating to Criminal Justice in a Nutshell”. Besides above, for details refer “Rights Behind Bars” published by Commonwealth Human Rights Initiative, New Delhi, 2009, www.humanrightsinitiative.org and Annual reports of National Human Rights Commission, New Delhi, www.nhrc.nic.in

[40] LNJN National Institute of Criminology and Forensic Science, Special course on Human Rights in Prison Administration, Ministry of Home Affairs, Government of India, New Delhi.

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[12]Air India v. NargeshMeerza1981 AIR 1829,(India)

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