Articles
SC Could've Been More Pro-active To Come To The Rescue Of Poor Migrants
The pandemic that we all have come to know as Corona or Covid-19 is here to stay for some more time; at least that is what seems to be the near-unanimous view of experts. While a vaccine for the deadly virus will eventually be found, the cause for worry, apart from mounting deaths and positive cases, is the absence of any cohesive, concrete and viable plan by the Central Government and State governments for the smooth and stress free travel of the already harassed migrant labour back...
Hazardous History From Bhoposhima To Vishakha: Destroying The Poor And Rule Of Law
V R Krishna Iyer, legendary justice has described Bhopal catastrophe as 'Bhoposhima'[1]. It is not less serious than Hiroshima – both the man-made-disasters. Can the 'rule of law' make the original owner of the LG Polymers, a multi-nationa,l vicariously liable according principle of absolute liability? Whether criminal liability for causing culpable homicide of 11 lives and attempting to end lives of 25 persons besides injuring the flora and fauna and ecology around Visakhapatnam? ...
Is Arbitration A Never-Ending Merry-Go-Round?
In McDermott International Inc. versus Burn Standard Co. Ltd.1, the Supreme Court in some manner without adequate diagnosis, explanation or reasoning held – "The court cannot correct errors of the arbitrators. It can only quash the award leaving the parties free to begin the arbitration again if it is desired." Consequently, a few pertinent questions arise - i) What is the role of a Court while deciding objections against an Award under Section 34 of the Arbitration and Conciliation Act,...
Pre-Litigation Mediation, Empowerment And Enforcement Of Settlements
Introduction Pre-litigation mediation is arguably the most empowering method of dispute resolution. Mediation, as a mode of Alternate Dispute Resolution (ADR) is a voluntary process, where the parties to a dispute have an opportunity to decide the terms of mutual settlement, with the assistance of a neutral called the 'Mediator'. The Mediator facilitates in identifying issues, in reducing misunderstandings, clarifying priorities and exploring areas of compromise, while not imposing any...
The Scales of Justice Should Be Tilted In Favour Of The Poor
Justice Deepak Gupta who retired from the Supreme Court recently in his farewell speech lamented that the Indian judicial system today favours the rich, and is weighted against the poor, when a real judicial system should be the other way around, and should be weighted in favour of the poor, because it is the poor who need protection.In this connection I may refer to a historical incident narrated in the Rajtarangani, the famous 12th Century Sanskrit treatise by the Kashmiri historian Kalhan,...
Appointment Of Arbitrators Under Section 11(6A) Of The Arbitration And Conciliation Act, 1996- Making A Case For Threshold Examination Of Objections
In what seems like eons ago, a Constitution Bench of 7 Judges of the Hon'ble Supreme Court, in the case of SBP & Co. vs. Patel Engineering[1] ["SBP"] authoritatively determined the scope and operation of the erstwhile Section 11 of the Arbitration and Conciliation Act, 1996 ["Act"]. Most notably, SBP held that the powers exercised by a court while dealing with an application under Section 11 are 'judicial powers' and not merely 'administrative powers' as previously held by a 3 Judge...
Learning At Law School – Of High Tables And Floors
When I was a child, my neighbour used to feed my brother and me whenever my parents went to the village. She would invite me home for food. I would sit on the floor; her entire family would sit at the table.Bahujan scholar and poet Omprakash Valmiki described in his biography, his father's insistence on him pursuing a higher education, despite knowing fully well of the discrimination that his son would inevitably face. A child who had already faced such discrimination from primary school, was...
An Overview Of Two Key Laws On Drugs In India
The present times beg the question: What are the laws on drugs in India? This piece seeks to provide a broad overview of two crucial laws pertaining to drugs, i.e., the Drugs and Cosmetics Act, 1940 (along with a brief introduction to the rules framed thereunder) and the Drugs (Prices Control) Order, 2013. I. Drugs and Cosmetics Act, 1940, and the rules made thereunder: (a) Drugs and Cosmetics Act, 1940: The Drugs and Cosmetics Act, 1940 (DCA)...
A Heartfelt Thank You To A Perfect Mentor, Justice Deepak Gupta
It has been nothing less than an honour for all of us to have been attached with the office of Justice Deepak Gupta. In our tenure we have gotten to learn immensely from him, not just about law but also about being a good person. He never let there be a divide between us and him, and never let us feel intimidated by him. Sir always welcomed our opinions which more often than not, could naturally not match the learned opinions of a Supreme Court Judge. However, he always valued our...
Applying Victimology To Covid-19 Lockdown
INTRODUCTION The COVID-19, otherwise called the deadly "coronavirus" is changing the society in ways. The World Health Organization declared it as a health crisis or pandemic in February 2020. It has additionally expressed that perhaps the greatest advance that one can take to stop the spread of this malady is "social distancing". Social distancing refers to avoiding contact with people around you which will aid in preventing the spread of the virus. Nations across the world have...