Assignment Task
Instructions:
The paper carries four questions. You can answer any three out of the four.The assignment carries a total of 50 marks and includes points for following the Bluebook or standardized other citation forms. You are encouraged to reference any coursework readings you rely on and touching on relevant extra research materials beyond the coursework readings will be rewarded. The assessment also follows the guidelines for grading given in the course outline pages 8-9. You are not required to submit a bibliography.
The maximum length of the answer sheet is 3000 words. Anything written beyond this limit will not be evaluated.
Please write your assignment using size 12 Times New Roman font only with 1.5 spacing between lines.
Plagiarism: As the course manual states, the university has strict rules with consequences for students involved in plagiarism. Please refer to the course manual for the plagiarism policy. We will use software to check your essays for plagiarism; this includes checking for external sources and papers of other classmates. The penalties for plagiarism comprise loss of points and a fail grade.
The last date for submission is strictly 25 June 2021 by 11:59 pm. No late submissions will be accepted.
Questions Answer any three out of the following four questions.On 25 March 2021, the Medical Termination of Pregnancy (Amendment)Act, 2021 was passed by the Indian Parliament. This amendment, while raising the gestational limit of termination with permission of one doctor from 12 weeks to 20 weeks, still does not provide Indian women with a right to an abortion on demand in cases of early pregnancy – a practice prevalent in several other jurisdictions. Feminists and reproductive rights activists have criticized the amendment for not respecting women’s right to bodily autonomy and reproductive choice. However, the Indian State has continued to justify the restrictions on abortion as necessary for public health, morality and to protect any potential rights of the unborn foetus.What is your opinion on the Medical Termination of Pregnancy (Amendment) Act 2021 concerning women’s right to abortion on demand? Please rely on natural law theories and theories on feminist legal studies to reason your answer.(This question carries 16.6 marks. Please answer using 800-1000 words)In 2021, the world is coping with a viral pandemic. Evidence shows the coronavirus affects persons irrespective of class, caste, gender, age, or race. Still, those with socio-economic privileges have lesser mortality due to better access to healthcare, including vaccines. India has its unique challenges of administering the vaccine due to the large population, imbalance between demand and supply, and logistical issues. The model used in India to administer the vaccine gave priority to factors such as age and whether the person is a healthcare worker or a frontline worker. With plans to expand the vaccine program, a debate has arisen on the pricing of the vaccine – whether it ought to be supplied by the State free of cost, at a subsidized rate, as per market rates, or a combination of any of the above. Each model has its merits. Which pricing model, according to you, is the most ‘just’ to administer the vaccine against the coronavirus in India? Please rely on competing theories of justice and the competing theories on the limits of the law to reason your answer.(This question carries 16.6 marks. Please answer using 800-1000 words)In his ‘soft positivism, H.L.A Hart accounts for law as a matter of practice and provides for social mores and obligations, including primary and secondary obligations. Scholars such as Austin and Kelsen would disagree with Hart’s soft positivism due to their own positivist approaches to the law. Is Hart’s theory of soft positivism relevant for understanding a contemporary legal system, or should law remain a purer enterprise like Austin and Kelsen’s theories suggest? How do you, as a law student, find Hart’s soft positivism applicable to your understanding of subjects other than Jurisprudence?(This question carries 16.6 marks. Please answer using 800-1000 words)Imagine a democratic legal system, based on values of pluralism and liberalism with a strong emphasis on minority rights. How would Mill’s theory of utilitarianism, as principled limit to the law, function in such a system and what would be its limitations? Can legal moralism thrive better in thein the legal system described above?
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