Articles
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....
World Environment Day – Isn't Every Time A #timefornature?
While COVID-19 has proliferated across all parts of the world, the present times are unprecedented in India as it reports record spike in cases and simultaneously grapples with cyclones, locust attacks, floods and earthquakes. Today, we are posed with the greatest humanitarian crisis and if we further neglect our nature and environment, it could be the death knell for biodiversity and, with it, humanity's life support systems. In this context, with the environment having some downtime, the...
Pertinence Of The "Failing Firm Defence" In Light Of COVID-19
Measures in India to combat the COVID impact on Competition Law: The COVID pandemic has crippled the world economy, bringing it to its knees. The "Lock – Down", being a measure to address the pandemic, has resulted in dire economical distress on businesses across different industries and sectors. Evidently, there has been a market disruption in supply / demand chains prompting the Competition Commission of India to release an advisory dated 19th April 2020 for businesses to co-ordinate...
PMO And PMCARES Cannot Refuse RTI
Being a public authority, PMO cannot deny the information about PMCARES Fund, which is created and controlled by it. Like PMO, PMCARES fund is also public authority under RTI Act. Copies of the trust deed of PM CARES Fund, related Orders, notifications and circulars related to creation and operation of PM CARES Fund Trust were sought by Kandukuri Surya Harsha Teja, a law student. PMO rejected. The PM CARES Fund is an abbreviation of 'Prime Minister's Citizen Assistance and Relief...
Criticism and Diatribe : Grading Is Normal
Criticism is externalisation of self criticism. Self criticism is a duty to self. It helps the self to correct its own thought and thought process. It is anterior to expression of the thought to the world as a truth. Why does one express his thoughts to the external world? To gain acceptability of his thoughts. But no one expects acceptance without the acceptors judging it for themselves. Here comes the external criticism. This is the test by fire and process of steeling of the thought....
PM CARES - What does the Emblem of India Symbolize?
The Prime Minister on 28th March, 2020 announced the launch of the Prime Minister's Citizens Assistance and Relief in Emergency Situation (PM-CARES) Fund to accept donations to provide relief during COVID 19 pandemic, and other similar emergencies. On 1st April Shri Harsha Kandukuri an LLM student filed an RTI with the Prime Minister's Office for trust deeds of PM –CARES fund, all government orders, notification, and circulars relating to creation and operation of the PM-CARES fund...