Overreaching Act

In 2005, we got an Act that promised to promote transparency and accountability in the working of every public authority, that was made to give effect to right of information recognized under Article 19 of the Constitution of India and that aimed at ensuring maximum disclosure and minimum exemptions - the Right to Information Act, 2005. The impact of the Act lay in it being brief and crisp. Every citizen was empowered to get Information. All that one needed to do was make a request in...

Insolvency Law In Review - December 2020

The enactment of the Insolvency and Bankruptcy Code 2016 (Code) has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequently in the number of decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. The purpose of this column is to fill this gap by providing brief summaries of latest decisions, from the various fora dealing with...

Two Tales of Judicial Indiscretion: Recent Controversial POCSO Decisions of Bombay High Court

In January 2021, within a span of less than a week, the Nagpur Bench of Bombay High Court delivered two judgments in separate cases of child sexual abuse, Libnus v. State of Maharashtra (hereinafter Libnus case) and Satish v. State of Maharashtra (hereinafter Satish case), that have been severely criticized by almost all and sundry as being bad in law. In fact,Satish case caused such outrage that the rights bodies, National Commission for Women and National Commission for Protection of...

An Overview Of The Supreme Court's Interpretation On Unilateral Appointment Of Arbitrators

The issue of selection of arbitrator(s) from a panel of arbitrators or otherwise is much debated, because in commercial contracts, especially government contracts, the arbitrator selection process is generally framed in favour of the party having greater bargaining power. The amendments introduced to the Arbitration and Conciliation Act, 1996 ("ACA"), starting from the amendments brought in 2015, have sought to further neutrality, independence, fairness and transparency in the...

Lessons From Ambedkar's Last Speech In The Constituent Assembly- A Guide To Protect Our Independence And Democracy

"…there can be no gainsaying that political power in this country has too long been the monopoly of a few and the many are only beasts of burden, but also beasts of prey. This monopoly has not merely deprived them of their chance of betterment, it has sapped them of what may be called the significance of life"- Dr. B.R Ambedkar. On 26th November, 1948 Dr. B.R. Ambedkar, in his last speech to the Constituent Assembly, warned independent India of the possible dangers to the sovereign...

How Bombay High Court's Interpretation Of Section 7 Of POCSO Act Fails Us

A shocking judgment was recently passed by the Nagpur Bench of the Bombay High Court wherein it was held that in absence of "skin-to-skin" contact while groping a twelve-year old child's ('prosecutrix') breasts, no offence of sexual assault would be made out under Section 7 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Single-Judge Bench, though convicting the man under Sections 342 (wrongful confinement) and 354 (outraging the modesty of a woman) of Indian...

Online Payment Systems Beyond RBI: A Threat To National Financial Security

"Data is the new oil". This is the premise used to underline the economic value of data in the modern age. Given this backdrop, and the recent developments concerning companies whose activities of using customer data without consent, casts an imminent danger to the privacy, security and even safety of the user in the digital age. Several litigations have arisen throughout the country over the last few years, and amid these litigations, online payment systems such as WhatsApp and Google...

Remembering H M Seervai

It is 25 years since the great and incomparable Homi Seervai passed away and it is appropriate that we remember and pay tribute to him on this occasion. It is given to very few to receive high honours while not compromising the highest standards of integrity and independence. Hormasji Maneckji Seervai is a shining example of that rare breed. He was born on December 5, 1906 at Bombay. He lost his father and his childhood early at the age of 14 in 1920. He was educated at Bharda New High...

The Distinction Between Section 7 Of The POCSO Act And Section 354 Of IPC

Correctness of the Bombay High Court judgment ( Nagpur Bench) in Satheesh Vs State of Maharashtra in Criminal Appeal 161/ 2020 decided on 19.01.2021 is highly doubted. The court held that touching a child over her clothes will not attract an offence under the POCSO Act. At the same time it held that it attracts an offence under 354 IPC and convicted the accused thereunder for a period of 1 year. The finding of the court on this aspect is as follows : " Evidently, it is not the case of...

Artificial And Unreasonable Veil of Legal Protection- A Critic of Bombay High Court's POCSO Judgment

"I did not punch your stomach. I punched your t-shirt"- My brother, after punching my stomach. In a cruel irony, the Bombay High Court chose the National Girl Child Day to deliver an absurd interpretation of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO'). One need not be trained in law to understand that physical contact with breasts would not be limited to 'skin to skin' contact. However, according to the Bombay High Court, grabbing a...

Touchy Interpretation Of Child Sexual Assault By Bombay High Court

The Bombay High Court, in a controversial order passed last week, held that groping a child's breasts without 'skin-to-skin contact' would amount to molestation under the Indian Penal Code but not the graver offence of 'sexual assault' under the Protection of Children from Sexual Offenses (POCSO) Act.As per Section 7 of POCSO Act, whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any...

Increased Threshold: Magical Figure For Allottees Under The Insolvency And Bankruptcy Code, 2016

The status of homebuyers as a class of financial creditors and their right to initiate the Corporate Insolvency Resolution Process (CIRP) against the builder/developer under the Insolvency and Bankruptcy Code (IBC or Code) had traversed a very long journey which witnessed various legislative amendments and Supreme Court's decision (Chitra Sharma versus Union of India & Pioneer Infrastructure versus Union of India) on the constitutionality of those amendments. This journey of...