Arbitrator's Fee ; An Analysis Of Indian And International Laws

Arbitration, Mediation and Conciliationare alternate dispute resolution mechanisms which are preferred over litigation for they are cost effective and time saving. Keeping in mind the high pendency of cases, arbitration and mediation are encouraged by the judiciary as it shares the burden of the courts in winding up the matter in a time-bound manner. The bench of the Tribunal comprises of an officer of the court who is well versed with the domain knowledge. The designated arbitrators have...

Glaring Flaws In Provisions Of Foster Care For Adoptable Children

A combined reading of the Juvenile Justice (Care & Protection of Children) Act 2015 as amended by the Juvenile Justice (Care and protection of Children) Amendment Act, 2021 (JJ Act), Juvenile Justice Model Rules 2016 as amended by the Juvenile Justice (Care and Protection of Children) Model Amendment Rules 2022 (JJ Model Rules) and Adoption Regulations 2022 (AR 2022) reveals critical lacunae making the relevant provisions hard to understand and difficult to implement.Adoptable children...

Draft Data Protection Bill Is A Common Person's Delight; Still Trows Up More Confusing Questions

All must be familiar with the timeline leading up to the new draft Digital Personal Data Protection Bill, released last week for public comments. Its roots can be traced to the Supreme Court's Puttaswamy judgment which exhorted for a data protection law for the country in the light of the iteration of privacy as a fundamental right. Then there was the Srikrishna Committee Report which came up with its own version of a data protection law followed by another draft version in 2019. A joint...

Beds Are What Drug Addicts Need, Not Prison Bars

Understanding how drug addiction crept into the region of heaven where people are thought to be living in peace—where they are supposed to be in peace—and whether punishment is the only effective way to stop this menace are crucial to combating the "Drug Menace" as a major threat to life and young lives. The drug problem in J&K is caused by a number of external and internal reasons, both of which exacerbate the situation. Drugs can easily enter every district of the erstwhile State...

Social Context Adjudication: 'A Tool That Can Be Used By The District Judiciary To Provide Social Justice Without Writs And PILs'

The 'Preambular promises' of justice, liberty, equality and fraternity give the blue print of the type of society which 'We the people of India' resolved to give to ourselves. The Constitution of India provides a roadmap by weaving a pattern of rights and duties for establishing an egalitarian society based on the principles of fraternity and social justice. When India gained independence, the three main goals to be achieved were national integration, bringing dignity and justice to those...

Crimes Against Women: Eyes Of The World Are On India

On November 10, 2022, India's track record on human rights was peer reviewed at the 41st session of the Universal Periodic Review (UPR) Working Group at the United Nations Human Rights Council. While various issues related to civil and political rights, as well as economic and social rights were highlighted during the session, a running theme across the entire session was the issue of crimes against women in India, which was flagged as a concern by almost every Member State of the UN...

Offline Personal Data Not Within The Purview Of The Digital Personal Data Protection Bill, 2022

The draft digital personal data protection bill, 2022 was released on 18th November. The bill carries some drawbacks despite taking a lot of time for its finalization. One of those drawbacks is the ignorance of offline consumer and their rights. Section 4 (3) (b) of the draft digital personal data protection bill, 2022 states that the Act shall not apply to offline personal data. In order to ensure the privacy of offline consumers, it is important that the collection of offline personal...

Rights Of Rape Victims

Rape is a stigma which exists in the society from a long time. Rape in India is a cognizable offence. Section 375(1) of Indian Penal Code defines rape as sexual intercourse with a woman without her consent, it amounts to rape. As there ports of the police in the national capital Delhi is that there's an increaseof 21.6% in rape cases registered in 2021 as compared to the 1618 cases in 2020[1]. Following this there were widespread agitations and women's movements which led to several ...

Federalism Under Crisis: Unveiling The Constitutional Aspirations On Higher Education

During my tenure in the Indian Parliament one of the most exciting experiences was when, I had objected the introduction of a legislative bill which intended to incorporate a University in Budhalkand. The objection was based on the legislative competency of the Parliament to incorporate a university in a state. A cursory glance, into the provisions of our Constitution reveals that although "education", is placed in the concurrent list by a Constitutional amendment, however the...

"Tofan Singh's Case" Opens Up New Horizons In The Law Of "Confessions" In Criminal Trials

(This is the text of a webinar lecture which the author had made in a lawyers' collective.) I begin this lecture with my usual caveat that I am not an expert in criminal law. I am only a "facilitator" who is willing to share his experience and knowledge with you in the expectation of learning a lot from you in return. Even at the december of my life, I have no roses to offer and I still consider myself a student of law and I will continue to be so till my last breath. 2....

Pendency Issue In Indian Courts Can Be Resolved By Increasing Judicial Strength By 20% | Column

During an interview with Indian Express reported on 9 November 2022 Chief Justice of India Justice DY Chandrachud said: "There are some key areas which need to be attended to. First and foremost, the unfilled posts in judiciary. The need to fill up all posts in the judiciary, beginning with the district judiciary, high courts and, ultimately, the Supreme Court." The CJI has identified his first priority with a great understanding that filling vacancies must be his first priority since it...

Regulation Of Online Bond Platforms ("OBP")

Under the Indian Companies Act, 2013, a public company can issue debt instruments either through a public issue or private placement[1]. While public issues are done on the stock exchanges, private placements are done on electronic book provider platforms ("EBP"). Over recent years, the issue of debt securities through private platforms on the EBP have grown in leaps and bounds. To put it in perspective, in the financial year 2021-2022, 1,405 issue of listed debt securities were done...