Articles
India @ 75 : Promises to keep
The 75th year of our Independence is an occasion for celebration and also introspection that does not shirk from its conclusions. The Har Ghar Tiranga sentiment is a proud reminder of the defining moment in India's history 75 years ago, when the nation found its soul in the freedom of its people. Since then, tireless exertions of the torch bearers of our founding fathers' vision has catapulted the nation to a leadership role on the global high table in the shaping of a new world. But even...
Law Clerkship With Supreme Court Of India- How It Works
The Supreme Court of India law clerkship program is a prestigious program which throws open the door for young law graduates to the functionalities of court. The program, however has been marred in controversy due to the lack of transparency in its recruitment process. Every year, the Supreme Court of India through its registry advertises with respect to engagement of "Law Clerk-cum-Research Assistant" on short term contractual assignment. The term "Law Clerk" is distinguishable from...
Social Stock Exchange: Decoding Regulatory Framework And Its Challenges
The Securities & Exchange Board of India (SEBI)has recently introduced a broad framework for the formation of the Social Stock Exchange (SSE) as a new segment of the existing stock exchange(s), i.e., Bombay Stock Exchange Ltd. (BSE) or National stock Exchange Ltd. (NSE), aiming to provide Social Enterprises (SEs) in India with an additional avenue to raise funds. While years were spent in other nations to create an ecology for SSE (or its equivalents), all of this transpired...
The Rise Of Edtech: Why We Need To Regulate?
Given the circumstances of virtuality after COVID-19, one industry that has seen considerable growth and investment has been that of the EdTech companies. India serves a great market for these companies and start-ups, according to the data provided by IBEF, "the Indian EdTech industry was valued at US$ 750 million in 2020 and is expected to reach US$ 4 billion by 2025 at a CAGR of 39.77%". Although they have been existing for quite a while now, the Covid pandemic highlighted the need...
Arbitration: A Preferred Mode Of Dispute Resolution Mechanism In Metaverse
Cryptocurrencies, Non-Fungible Tokens ("NFTs"), Blockchain, Metaverse, Digital Assets, and Virtual Properties are some of the few buzz words that we keep hearing either in the news or on social media. However, not many people know what the metaverse is about. Metaverse is a virtual reality platform based on blockchain technology. It is an immersive virtual ecosystem that represents any digital platform where individuals can connect with each other and other digital elements like...
Euthanasia – Right To Die With Dignity
A plea has been moved in Delhi High court seeking orders to stop a man from traveling to Switzerland for assisted suicide at a Swiss-based firm Dignitas.The petition claims that the man has obtained a Schengen visa by falsely informing authorities that he is traveling to Belgium for treatment. The petition has sought orders to direct the Indian government to not grant an emigration clearance and also sought directions to constitute a team of a medical board to examine his medical condition...
Death Penalty : Legislative And Judicial Chronology From Bachan Singh Vs. State Of Punjab (1980) To Manoj Singh Vs. State Of M.P(2022)
Death Penalty, one of the punishments that can be awarded to an accused in India- has always been subject to diverse views, criticism and repeated evaluations of being effective or ineffective in retribution or being a necessary action in few cases. Another attention drawn on this subject, has been the subjectivity and discretion involved in awarding it as punishment by the courts and guiding principles laid and to be followed as such and the consequent flaws that persist. Courts and...
Remission Granted To Convicts In Bilkis Bano Case: Is It Legal?
While the country was celebrating its 76th Independence Day on August 15, 2022, the Gujarat government, in a decision which is now criticised by media across the globe as a "tragic reflection of India's halting progress in addressing violence against women", released 11 convicts who had been sentenced to life imprisonment in the Bilkis Bano gang rape and murder case. The convicts were released after a State Government panel approved their application for remission of sentence under a remission...
"Sexually Provocative Dress" Remark In Bail Order: A Case Of Judicial Stereotyping
A Sessions Court of Kerala recently received a lot of flak for its order granting anticipatory bail to author and social activist Civic Chandran in a sexual harassment case. Media across the globe reported on the order which drew criticism, not because of the grant of bail alone, rather, because of the reasoning provided for the grant of such bail. The reasoning thus provided for granting bail to the accused was that the offence of sexual harassment was not prima facie attracted when the...
Water, A Commodity Vs Human Rights
Water is the basic need of life and the United Nations ("UN") has recognized this need as a basic human right. The UN World Water Report of 2006 notes that "there is enough water for everyone" and "water insufficiency is often due to mismanagement, corruption, lack of appropriate institutions, bureaucratic inertia and a shortage of investment in both human capacity and physical infrastructure". Currently our planet, the blue planet, however paradoxical it may feel is facing an...
Explainer: What Are PUFE Transactions Under The IBC, 2016?
The Insolvency and Bankruptcy Code, 2016, reckoned to be a landmark legislation is a significant departure from previous insolvency regimes with the loss of defaulter's paradise and resurrection of economy's rightful position. However, certain challenges have come to the fore in the wake of vulnerable transactions entered into by the corporate debtor (CD) during the timeline of the pre-insolvency twilight period. The UNICITRAL Legislative Guide defines such transactions as "provisions ...