JEMTEC

  Indian constitution follows separation of powers in a flexible manner such that three organs of state can keep a check on each other so that fundamental rights that are guaranteed under Indian Constitution are not violated.   Judicial activism is among such form under with judiciary not only performs function of interpreting the laws but also interferes with sphere of legislature and executive to uplift minority section of society. Now days such approach is frequent in cases related to freedom of Religion under Article 25 of Indian Constitution? On one hand            Indian Constitution gives the freedom to citizens to practise and propagate any religion but on the other hand judiciary can interfere when such rituals are against fundamental rights or health or public morality. For instance Supreme Court evolved the doctrine of ‘Essential Religious Practise ‘in case of The Commissioner, Hindu Religious Endowments, Madras v. ...

India has ratified the Convention on Rights of Child . The idealistic instrument provides for attainment of highest desirable standards of health for children. Even though the spirit of the Convention has been imbibed in the country’s municipal laws such as Juvenile Justice Act, POCSO amongst others, a category of children seem to be negligently or deliberately, nonetheless wrongfully excluded from the protection guaranteed by such social justice laws. This category of children, are not only socially stigmatized and ostracized, but are nowhere in the priority list of policymakers. Even though the present day legislations and judicial pronouncements have started acknowledging children’s rights in general, no concrete steps have been taken for the upliftment of children of incarcerated parents.The lack of regulatory framework and fragmented policies, with some States coming forward with rudimentary institutional support to these children and others blatantly ignoring their plight, ha...