Articles
Desperate Need To Inject Professionalism Into Domestic Arbitrations
India has often wondered why it is not the hub of arbitration and has brought about multiple amendments to meet this aspirational target. However, part of the problem is not only the law, which is being addressed by amendments, but is also the lack of professionalism by every single person who is participating in the process. This lack of professionalism, which makes the process cumbersome and time consuming, leads to disillusionment for the litigant and sends the wrong signal...
The Law And The Dead; Necrophilia
The Criminal Justice System is dynamic in nature. As a result, it becomes a task to cope with new situations that may arise in our society. It faces the questions on the abstract concept of what is evil and how the justice system must weed out the same. What is essentially immoral can be relative and subjective term, having said that, what can never be undermined by the individual, is the common dignity of the society. Anything contrary to what happens to be generally accepted and not...
Fast Track Arbitration: Revving Up ADR In Times Of Pandemic
With the Courts grappling with the pandemonium perpetrated by the proliferation of PILs in the pandemic, perplexed litigants are propelled to explore alternative avenues for resolution of commercial, contractual and corporate disputes. While many corporations and individuals have resorted to a friendlier and frugal mode of redressal, such as conciliation and mediation, others are in pursuit of an ersatz litigation, that offers a semblance of court procedure, judicial determination, greater...
Child Pornography In India During The Lockdown: Are Our Children Safe?
During the global pandemic hour and countries being in lockdown, people including both children and adults are spending more time online and excessively using the internet. Resultantly, causing increase in production and distribution of child sexual abuse material due to excessive use by perpetrators, adversely targeting children using the internet. The link between child pornography and child abuse cannot be ignored and termed as unrelated. Hence, it is important to understand the issue...
Cleaning Cash- Understood Otherwise
IntroductionLaundering, in basic terms, is understood as the process of making a dirty, clean look. This is not as we have understood in recent times as cleansing of the money tainted with viruses using a dis-infectant but, cleaning of the bad money (money earned through illegal means) making it appear as a clean(laundered) money, earned legally. In other words, it is nothing but making money generated out of criminal activity (ill gotten) as money made from a legitimate source....
A To Z Of The Insolvency And Bankruptcy Code: A Beginner's Guide (Part III)
In the previous two parts (click here[part-1] and here[part-2]), we tried unpacking the broad mechanics of the Insolvency and Bankruptcy Code, 2016 (IBC) and the central actors of the IBC regime. In Part II, we explored IBC's basic features, concepts such as: information memorandum, liquidation value, moratorium, non-obstante clause, operational creditor and concept preferential transactions. We also tried unraveling some elaborate topics like the scope of judicial review of a Committee of...
Paid News During Elections In India
The menace of paid news rears its ugly head during elections throughout India. From Local Body elections to Parliamentary elections, the Candidates are increasingly misusing mass media to influence elections in their favour. The Press Council of India in its report on paid news has observed that the malady of paid news goes beyond the corruption of individual journalists and media companies and has become pervasive, structured and highly organized.[1] The definition of paid news, as ...
Rajasthan HC's Judgment On Supremacy Of Woman's Autonomy In Matters Of Abortion
Article 21 of the Constitution of India guarantees to every person the Right to Life and Liberty. The Courts have interpreted the Article to include the Right to Reproductive Choices. In particular, the Article allows a woman to decide whether she wants to procreate or not. This Right is not absolute and is limited once a woman conceives, as there is a competing interest of the prospective child. Due to the above backdrop, the Indian laws do not grant women an absolute right to...