What's the difference between sperm samples and discarded toenails?
Former is still a man's property, judge rules in landmark case
By Robert Verkaik, Law Editor
Thursday, 5 February 2009
Sperm samples - given by the men after they were warned by doctors that chemotherapy might damage their fertility - were the property of the six NHS patients who can claim damages for the loss according to the ruling today
Six cancer patients whose sperm samples were lost by the NHS have won their claim for damages in a landmark judgement which establishes the legal principle that a man's semen is his own property.
The case, which could cost the NHS hundreds of thousands of pounds in compensation, is expected to lead to a review of the law relating to ownership of human body parts.
In yesterday's judgment the Lord Chief Justice, Lord Judge, the most senior judge in England and Wales, rejected the notion that sperm held by North Bristol NHS Trust had the same legal status as a discarded toenail or hair cut at a barber's shop. More
Thursday, February 5, 2009
Sunday, January 18, 2009
Liberal Criminal Procedure Code comes into effect - lawyers and Police not happy
President okays 7-year hitch for arrests
19 Jan 2009, 0048 hrs IST, Vishwa Mohan, TNN
NEW DELHI: The recently-revamped Criminal Procedure Code, which divests police of arrest powers in cases where maximum sentence is upto seven
years, become law with President Pratibha Patil finally giving her assent last week.
The presidential assent, which came nearly three weeks after the bill was sent to her after getting it passed from Parliament, has now paved the way for the government to notify it.
Once the law, CrPC (Amendment) Act 2008, becomes effective, the police, instead of arresting the accused, will be obliged to issue him/her a "notice of appearance" for any offence punishable with imprisonment up to seven years. The person can be arrested only if he/she does not appear before the police in response to the notice.
Seven years or less is the maximum penalty for a host of offences, including attempt to commit culpable homicide, robbery, attempt to suicide, kidnapping, voluntarily causing grievous hurt, cheating, outraging a woman's modesty and death caused by negligence. more
The radical change in the CrPC has, however, drawn flak from a number of Bar associations across the country. Lawyers -- who also observed strike in various courts after the bill was passed in Parliament -- argue that the amendment (in Section 41) doing away with mandatory arrest provisions would remove fear from the minds of criminals who would misuse the provisions under the garb of personal liberty.
.....
CrPC amendment Bill is seen as a setback by certain senior police officials who readily
admit they are ill prepared to implement it.
One senior officer went to the extent of saying: "Delhi is not ready to usher in such liberal and revolutionary changes." However, the top brass put up a brave front saying the amendments would be implemented in "letter and spirit". more
19 Jan 2009, 0048 hrs IST, Vishwa Mohan, TNN
NEW DELHI: The recently-revamped Criminal Procedure Code, which divests police of arrest powers in cases where maximum sentence is upto seven
years, become law with President Pratibha Patil finally giving her assent last week.
The presidential assent, which came nearly three weeks after the bill was sent to her after getting it passed from Parliament, has now paved the way for the government to notify it.
Once the law, CrPC (Amendment) Act 2008, becomes effective, the police, instead of arresting the accused, will be obliged to issue him/her a "notice of appearance" for any offence punishable with imprisonment up to seven years. The person can be arrested only if he/she does not appear before the police in response to the notice.
Seven years or less is the maximum penalty for a host of offences, including attempt to commit culpable homicide, robbery, attempt to suicide, kidnapping, voluntarily causing grievous hurt, cheating, outraging a woman's modesty and death caused by negligence. more
The radical change in the CrPC has, however, drawn flak from a number of Bar associations across the country. Lawyers -- who also observed strike in various courts after the bill was passed in Parliament -- argue that the amendment (in Section 41) doing away with mandatory arrest provisions would remove fear from the minds of criminals who would misuse the provisions under the garb of personal liberty.
.....
CrPC amendment Bill is seen as a setback by certain senior police officials who readily
admit they are ill prepared to implement it.
One senior officer went to the extent of saying: "Delhi is not ready to usher in such liberal and revolutionary changes." However, the top brass put up a brave front saying the amendments would be implemented in "letter and spirit". more
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