Articles
Mapping The Human Rights And Environmental Perils Of Illegal Coal Mining In Meghalaya: An Analysis
The problem of mining in the North-Eastern region of the country has been incessantly perturbing the ecology over a while now. A year ago, newspapers were flooded with articles pertaining to excessive coal-mining in Meghalaya. However, the sad part was the inability of the state government to tackle the herculean problem which was taking up menacing proportions. The situation became so chaotic and grim that the National Green Tribunal had to intervene. The Tribunal's intervention was...
A Tribute To Late Prof (Dr.) Mool Chand Sharma
This heartfelt tribute is in remembrance of Prof (Dr.) Mool Chand Sharma, a law professor extraordinaire, an esteemed academician, a prolific author, an indefatigable institution builder, and one of the kindest human beings I have known. His sudden demise has come as a rude shock causing immense grief to all those who knew him and worked with him, especially scores of law students who learnt from his knowledge and wisdom. Prof. Sharma was a distinguished Professor of Law at the Faculty...
"You Can't Spell Truth Without Ruth" – Remembering RBG
As I woke up this morning, I learnt of the passing of the iconic Ruth Bader Ginsburg, at the ripe age of 87. When I first heard of the Justice back in law school, I wondered what the fuss was all about – after all, she was just another Judge of the American top court. Curiosity made me read about her and watch her speak on YouTube – only then did I learn that she was a giant and an inspiration, which perhaps was the reason for her Rockstar image. Born in a 1933 in a Jewish family in...
Ruth Bader Ginsberg: The Greatest Liberal Judge Of Our Times
As the news broke out across the world, crowds began gathering outside the Supreme Court of United States. This spontaneous burst of emotion is a unprecedented tribute for one of the greatest of the liberal judges of our time – Justice Ruth Bader Ginsberg. It is but a rarity in history, particularly in judicial history, when a judge's passing away evokes so much of choking emotion across the globe. This is because no other judge in recent history has left such an indelible and an...
Is the Central Government Bound To Pay GST Compensation To The States?
The decision of the Central Government to not pay Goods and services tax compensation to the States have met with protests. The States have accused the Centre of evading its "constitutional and moral" responsibility, while the Centre has cited insufficient tax collection to defend its austerity. The question that arises here is: Is the Central Government legally bound to pay Goods and services tax compensation ('GST') compensation to the States? The answer lies within the legal...
An Analysis Of Recent Judgments On Limitation Under IBC
Prior to the enactment of IBC (Second Amendment) Act, 2018 through which Sec. 238A of the Code was introduced, in a series of judgments, [1] the NCLAT and NCLT considered claims which were otherwise barred by limitation for the purpose of initiating of CIRP under Sections 7 and 9 of the Code. The Supreme Court, in B.K. Educational Services Private Limited v Parag Gupta and Associates,[2] held that S. 238A, being clarificatory and procedural in nature, would be applicable to claims made ...
The Deontological Ethics Of "Polluter Pays Principle"
Let me begin by asserting that there is an inexplicable thread that links human beings with the environment. Once we accept this fact, a translucent picture emerges. It might be prudent to state that the law, in all its glory, is sane, rational and logical (if not natural). One may argue that the aforementioned words are synonyms of each other; however, the larger point I am trying to make is that law stays true to its name when it produces a logical result through coherent and,...
ASHA Workers : Womxn Warriors Struggling For Survival
(Disclaimer : The term Womxn is an alternative term for the English language word women which has been regularly in use since 2015 to explicitly include transgender women and women of color. It has been used in a similar manner as womyn and wimmin, as a rejection of the folk etymology of 'woman' allegedly being 'of man'). For the very first time, this 18 September, will be celebrated as the International Equal Pay Day, symbolizing the time immemorial efforts towards the achieving equal ...
Is It Worth Going For A Long Drive On A Patent Prosecution Highway?
The advent of information technology does help the world to get closer to each other. These mutual interconnections have invariably solved various contentious problems that would otherwise be difficult to address. The intellectual property regime is witnessing a constant increase in the pressure of disposing various applications that have been filed at various domestic offices across the world. The intellectual property, consist in them an economic value which increases its stake....
Caste And Privacy - A Note On Madras High Court Judgement
The rejection of information about persons selected as per their caste of backward class is invalid when quotas are based on a caste, which was accepted as a social group in identifying backwardness. The Public Information Officers (PIOs) are consistently rejecting the requests wherever 'caste' is referred as 'private' information. This case is a classic example. Muthian asked for the following information: a) Total number of vacancies called for the years 2006, 2007 and 2008; b)...
What If Rhea Chakraborthy Is Innocent?
What if Rhea Chakraborthy is innocent despite all the allegations of crime and her subsequent arrest, is a question many would ask and ponder. Countless Indians are arrested regularly for a slew of alleged offences, only to be later discharged or acquitted. Wrongful arrest and wrongful conviction are a stark reality in the criminal justice system. The question therefore is, what and how does the law redress the grievances of a person wrongfully arrested or convicted? Unlawful arrest...
Draft EIA 2020 : Post Facto Environmental Clearance Is Alien To Environmental Jurisprudence
The Ministry of Environment, Forests and Climate Change (MoEF&CC) has published the draft Environment Impact Assessment Notification, 2020 to replace the existing Environment Impact Assessment Notification, 2006. Several crucial dilutions have been introduced which have drawn sharp criticism from various quarters. One such controversial dilution is the introduction of an avenue to obtain "post facto environmental clearance" under clause 22 of the draft notification. While the present ...