Critical Analysis Of Surrogacy (Regulation) Bill 2021 And Assisted Reproductive Technology (Regulation) Bill 2021

The scope of this article is to analyze the effects of the recently passed Surrogacy Regulation Bill 2021 (SRB) and Assisted Reproduction Technology (Regulation) (ART) Bill 2021. To that end, the article first lays down the salient features of both laws. It then reviews specific provisions of the Bills in the context of the existing legal setup and the prospective outcomes produced. Finally, the article suggests an alternative methodology ensuring maximum effect for the involved...

Decree Holders As Creditors Under The IBC - Need For Clarity

The Insolvency and Bankruptcy Code, 2016 ("Code"), right from its enactment has been the subject of legal debate. While various issues that have cropped up from time to time, have been ironed out, by amendments and by judgements, there still exist a plentitude of legal questions, waiting to be raised in the right case. One such question is the status of a "decree-holder" as a creditor. Section 3 (10) of the Code, defines a "creditor" as "any person to whom a debt is owed and includes...

Ukraine War: Test of Law and Civilizational Progress.

I. As I write this piece, Ukraine, a nation of 44 million free citizens fights valiantly to defend its freedom and territorial integrity against Putin's "war of choice for all the wrong reasons". Caught between disbelief, despair and compulsions of realpolitik, the world at large seems helpless to help beyond an expression of outrage even as the Russian armed forces continue to penetrate deep inside Ukraine. Moscow has placed its nuclear forces on alert in an ominous signal of a possibly...

Homage To Sir With Love

"As your father is in real life, your Senior is in your professional life." We juniors of Advocate K. Bhaskaran Nair (we are and call ourselves the KBN family) found this axiom in actual operation in our Senior's chambers. Sir upheld and maintained that legacy of the Calicut bar in the sublime relationship between seniors and juniors. I met my Senior first at the Chinmaya Gita classes. Sir was an active founder member of the Calicut Chinmaya mission where some of us, as young college...

Plant Variety Authority Revokes The Breeder's Right: Is This A New Chapter For The Protection Of Plant Varieties And Farmers' Rights Act,2001 ?

The Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPVFRA) is sui-generis indigenous legislation enacted by the Indian government. The significance of protecting farmers' rights and balancing it with the rights of breeders forms the characteristic feature of the PPVFRA. The farmer's right to use the seed is an important concurrent right to that of breeders rights. The Protection of Plant Varieties and Farmers' Rights Authority is empowered to adjudicate upon the disputes ...

Class Action Proceedings- Challenges In Consumer Fora

The provision for filing a class action complaint by a group of consumers is a big boon to the consumers and has existed in the Consumer Protection Act, 1986 and has been continued in the new Consumer Protection Act, 2019. Due to illegal acts and omissions of some Builders/Developers in the past decade, there has been a flood of class action complaints under Section 12(1)(c) of the Consumer Protection Act, 1986 (now Section 35 read with Section 59 of the Consumer Protection Act, 2019)...

Justice H. R. Khanna: A Great Defender Of Rule Of Law, Human Rights & Dignity

Today falls the death anniversary of Justice H R Khanna, an outstanding judge, who is well-known for his courageous dissenting judgment in the infamous ADM Jabalpur case, pronounced during the period of National Emergency in 1976, when the President had placed people's fundamental rights under suspension as per Article 359 of the Constitution. Justice V.R. Krishna Iyer famously observed in an article entitled 'A Courageous Voice of Dissent', "Justice Khanna was a gentle person, true in...

The State's Duty Of Reparation For "Lost Years" And The Supreme Court's Power To Issue Guidelines

One of the firmest pillars of the rule of law and administration of justice has been maximed in Latin- Ubi Jus Ibi Remedium or simply where there is a right, there is a remedy. Basic human right protections against unlawful prosecutions, illegal detentions, arrests etc. are guarantees available to every person under the umbrella of Article 21 and 22. However, the presence of these safeguards in the fundamental rights chapter has neither deterred nor impeded these frequent violations. ...

Whether Indian Federation Needs a Governor?

Should we have the position of the Governor between the Union and State? The ruling party of Kerala is asking for the power to remove the Governor. The State has questioned the Constitutional need of the office of the Governor. Can't we run the administration without the nominal head of a provincial state? As per the State, if it is found the Governor to be federal imperative, it suggested a national legislation should empower States to elect them through a representative electoral...

The Ethical Burden Of Being An Expert And An Advocate

'Expert' – "A person who, through education or experience, had developed skill or knowledge in a particular subject, so that he or she may form an opinion that will assist the fact-finder" (Black's Law Dictionary)" The Expert's Dilemma An expert's opinion is a product of education, labour and experience. So an expert is likely to attribute immense value to his or her opinion and feel hidebound to zealously defend it to the hilt. Law (much like any other social science) comprises of...

Open Access Movement; Initiatives And Challenges

Peter F. Drucker, an Austrian American Management Consultant forecasted in the mid-20th century that there will be the gradual emergence of information society with its necessity of lifelong learning. In 1959, Drucker coined the term "knowledge worker" and considered knowledge workers productivities to be the next frontier of management[1]. Drucker's prophesises have come true and present-day society's well-being and development is critically dependent on knowledge. The question is how to...

How Indian Courts Have Dealt With Resistance To Invocation Of Arbitration

It has become a trend to resist the invocation of arbitration proceedings firstly, at the stage of commencement of arbitration proceedings i.e., when the notice invoking arbitration u/s 21 of the Arbitration and Conciliation Act, 1996 ("the Act") is received by the Respondent and thereafter, either at the stage of appointment of arbitrator u/s 11 of the Act or when a judicial authority is dealing with an application u/s 8 of the Act for referring parties to arbitration. Normally, the ...