Articles
Bankruptcy Code Dilemma and Challenges
It Is Time For The Stakeholders And Authorities To Go Back And Analise And Not To Change The Board Recent detailed order of June 13, 2022 of NCLT Allahabad in the matter of Rathi Graphic Technologies Limited Vs Rajkumar Rathi and Others, has tried to open up debate on appropriateness of the law introduced through the provisions of the Insolvency and Bankruptcy Code, 2016, in India, by observing that "we have departed from socialistic approach to capitalistic approach. Even the ...
Corporal Punishment And Child Rights In India
It is not an exaggeration to state that any form of Corporal punishment is evil, degrading, unjustifiable and a gross violation of the rights of children. Corporal punishment, also interchangeably known as physical punishment has been defined by the Committee on the Rights of the Child as "any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light. Mostly involves hitting ("smacking", "slapping", "spanking") children, with the...
Ministry Guidelines On Levy Of Service Charges In Hotels & Restaurants : How Far Advantageous To Consumers
How Far Advantageous To Consumers The Notification by the Ministry of Consumer affairs issued on 04.07.2022 in the form of Guidelines are meant to stop levy of service charge by the Hotels and restaurants in the bill while customer avails service by visiting at their premises. The question arises here as to whether guidelines in this form are really of any help to consumers and serve any purpose? We need to go back to the similar Guidelines issued in the year 2017 also on 21st April...
Social Media Outbursts On Judges – Impact On Dispensation Of Justice
The recent unfiltered social media attacks on Judges of the Supreme Court for oral observations made during a hearing last week, have once again sparked the debate for the need to regulate public discourse on judicial proceedings. While a well-reasoned critique of a judgment on legal grounds may be encouraged in a democracy, unsavory personal remarks on a Judge, or their personal lives are certainly unwarranted. The oral remarks made by a Bench comprising of Justice Surya Kant and...
Reproductive Rights And Autonomy - The Law Leans Backwards; A Critical Analysis Of The Laws On Surrogacy & Assisted Reproductive Technology
"You may have to fight a battle more than once to win it." – Margaret ThatcherInfertility as a medical condition is an impediment in the overall well-being of couples. It is an emotional roller coaster, often accompanied by grief and loss. It is not the process of surrogacy or ART, but the miracle of "conception" that guarantees success to those yearning to experience parenthood. Research suggests that about 10 to 15 percent of the country's population suffers from infertility issues[1]. The...
Neglecting Queer Children In India: Intersecting Rights Violation
'Children cannot wait too long and they are not people of tomorrow, but are people of today. They have a right to be taken seriously, and to be treated with tenderness and respect. They should be allowed to grow into whoever they are meant to be - the unknown person inside each of them is our hope for the future.' - Janusz Korczar 1. Introduction The United Nations Convention on the Rights of Children[2] ("UNCRC") provides for the rights of all children, viz., persons...
Highlights Of News Labour Codes
Many of the Employment laws of our country have not been revised for a long period. Legislature has therefore, drawn 4 Labour Codes namely : a) The Code on Wages 2019, b) The Industrial Relations Code 2020 , c) The Code on Social Security Code 2020, and d) The Occupational Safety, Health and Working Conditions Code 2020, popularly known as Labour Codes, 2020, combining various statutes with certain modifications. When these get executed, there will be significant changes. Some of the...
Fintech's Halt 'Buy Now Pay Later' As RBI Tightens The Noose On PPIs
The FinTech industry has seen an unprecedented rise in the past few years, with many neo-banks, non-bank prepaid instrument issuers emerging in the market with their outrageous claims and services. Companies like Uni are "Pay 1/3. Anywhere" services utilising their cards, bringing competition to firms like LazyPay, which has a 'Get Credit in 90 Seconds' policy and claims to have a staggering 60 million qualified customers. Razorpay claims that the BNPL sector has risen by 539% in the year...
How To Comply With CERT-In's New Six-Hour Time Frame To Report Cyber Incidents
The Indian Computer Emergency Response Team (CERT-In) recently issued a set of new directions under the Information Technology Act, 2000 (IT Act), in relation to information security practices, procedure prevention, response and reporting of cyber incidents for safe and trusted internet (CERT-IN Directions), followed by Frequently Asked Questions (FAQs) dated 19 May 2022 issued by CERT-IN, to clarify the requirements under the directions. CERT-IN Directions mandate service providers,...
Troubling Features Of SCOTUS Decision Overruling Roe v. Wade - Salman Khurshid Writes
The Supreme Court's reversal of Roe v Wade has been received with widespread consternation and dismay by a large number of Americans whilst others have proclaimed victory, (not for women though! ). Alito, J., delivered the opinion of the Court, in which Thomas, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Thomas, J., and Kavanaugh, J., filed concurring opinions. Roberts, C. J., filed an opinion concurring in the judgment. Breyer, Sotomayor, and Kagan, JJ., filed a dissent. Here, ...
Scaling The Diameter Of Censorship Laws In India And The Proposed Amendments To The IT Rules, 2021
Censorship ends up becoming a tool for moral policing that controls other people's lives rather than concerning itself with larger public issues. The term 'censorship' in Indian law has often led to a fire and ice type debate amongst laymen, politicians, thinkers, organizations and various other groups. Censorship is proclaimed to be a tool that is placed to keep a fair check on what comes into the public domain and how this information or data fulfills certain commonly acceptable...