Articles
The Migrant Saga
Nearly two months after the first PIL being filed, the Supreme Court found itself being embroiled in a hailstorm of criticism by its erudite former members, human rights activists & concerned citizenry, the Supreme Court finally woke up on 28th May 2020 by taking Suo motu cognizance to deal with the untold sufferings and miseries of the thousands of migrant workers who had started their journey on foot to their homes in villages thousands of miles away from the urban metropolitans...
Modification Of Approved Resolution Plan: Aftermath Of Covid19
COVID-19 has disrupted the economy of the country. As a result, financial rating agencyMoody's has downgraded India's economy outlook to BAA3 from BAA2. Various businesses are facing the threat of insolvency due to outbreak of the Pandemic. To soften the blow and protect the businesses from insolvency, the Govt. has increased the minimum threshold under the Insolvency and Bankruptcy Code, 2016 (Code) to One crore from One Lakh. On 03.06.2020, the Union Cabinet has approved the proposal...
Delay, Hunger And Death: A Case Of Gross Negligence For Death On Shramik Trains
The imposition of nationwide lockdown by the Government of India to contain the contagious COVID 19 pandemic has unashamedly blown off the lid from the constitutional charade of a 'Welfare State'. The utter callousness and indifference of policy makers to woes of the poor and vulnerable sections of society has made Social Justice illusory during the past two months. The cessation of economic activity meant that the daily wagers were bereft of income to sustain themselves. No legal steps...
Manifestation Of Fake News: Possible Legal & Policy Issues To Be Considered Before Formulating Any Law
During this lockdown situation, we have witnessed array of rumors or fake news; from Amul Company shutting down its milk chilling centers to the effective use of ginger, lemon and honey to counter the virus or to dispersing or spraying of the medicine by helicopters. Clearly, the proliferation of inaccurate or misleading news is spiraling upwards, especially during Covid-19 Pandemic situation. Our mobile phones and social media accounts are flooded with fake posts, doctored videos and...
What's In A Name? A Lot, Especially If That Name Is "Anti-National"
Forgive the plain title as this writer is at his wits' end, exhausted, after a week-long wild goose chase. The object of my search? The meaning of "Anti National" in context of the law.The immediate cause behind this exertion was set of the guidelines issued by the Delhi High Court's High Powered Committee on how jail authorities should exercise their discretion towards releasing inmates to manage the risks posed by Covid-19 [The most recent one is here]. After detailing what kinds of prisoner...
POSH Act : Discussing Gender Neutrality, Transgender Rights & Inclusion Of LGBTQ
Sexual Harassment at workplace in India is primarily governed by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 ("POSH Act") which is a women specific legislation enacted to prevent sexual harassment at workplace only against women. The POSH Act does not afford protection against sexual harassment to other genders and as such this article espouses the cause of gender-neutral sexual harassment law/s. I.BRIEF BACKGROUND AND CONSTRUCT ...
Arbitration Proceedings And Contempt: Will The Contempt Of Courts Act, 1971 Apply To Arbitration Proceedings?
Prior to the 2015 Amendment, the scope of Section 27(5) of the Arbitration and Conciliation Act, 1996 was construed to be very narrow and limited. Section 27 of the Act predominantly deals with seeking assistance of Courts in taking evidence, further providing in sub-section (5) that persons failing to attend the Tribunal or making any other default or refusing to give evidence or guilty of any contempt to the arbitral tribunal during the conduct of arbitral proceedings shall be...
E-Courts: Can They Be The New Normal?
The COVID-19 pandemic has thrust E-courts upon us, without giving anyone a chance to consider the advantages or disadvantages of E-courts. The term 'E-courts' in this article includes electronic filing of pleadings/documents, courts convening by video conferencing, advocates advancing arguments remotely and judges delivering judgments by video conferencing. The thinking today seems to be that 'E-courts' enhance the justice delivery system. But do E-courts really enhance the justice...
COVID-19 Pandemic And The Response Of International Law
Backgrounder COVID-19 pandemic has become an existential crisis apart from being a health, social and economic crisis. The latest figures reveal the sordid saga of human suffering with over 6 million cases of infection and over 3.7 Lakh deaths spread over 216 countries of the world, and as scientists predict, the peak is yet to come. The exponential rise of the virus, SARS-CoV-2,...
Right To Maintenance: Why High Courts Should follow The Lead Taken By The Delhi High Court
Family Courts throughout India have faced issues pertaining to grant of maintenance. There is always a tussle to figure the accurate income of the parties while Courts consider granting maintenance under various personal laws, Section 125 Cr.P.C and the Domestic Violence Act. The term maintenance is defined, in Blacks Law Dictionary [6th Edn., pp. 953-54], as "the furnishing by one person to another, for his or her support, of the means of living, or food, clothing, shelter, etc....
