Articles
Of Covid-19 And Stigma Attached To It
As the world is fighting the deadly Covid-19, what we may be missing out in the battle is a far greater threat than the virus itself - the stigma associated with it. The hard reality is that every time a contagion strikes the humankind, it is inevitably followed by stigmatization of the disease. Such instances have been witnessed since times immemorial, the most recent example being the outbreak of SARS in 2002 and H1N1 in 2009. Stigma, as per Goffman, is the "disapproval of, or...
Relaxation Of Labour Laws: A Route To Modern Day Slavery
The Uttar Pradesh government passed an Ordinance recently, that exempts most business from the ambit of most of the labour laws applicable in the country for the next three years. The only Acts that still apply in Uttar Pradesh are the Building and Other Construction Workers Act, 1996, Workmen Compensation Act, 1923, Bonded Labour Act, 1976, and Section 5 of the Payment of Wages Act, 1933. These Acts still apply to the entire state, which in turn means that the other, 40 plus, state and...
From Physical Courts To Virtual Courts: A Way Forward
Traditionally speaking, courts in India have, for time immemorial, functioned as 'physical courts'. The COVID-19 pandemic has resulted in an extraordinary and unprecedented crisis that, has affected the world at large, and has also posed many challenges on the ability of the judiciary to administer and effectively dispense justice. On the basis of the inputs and opinions rendered by experts across the world, it is more or less certain that this abrupt halt in 'normalcy' due to the pandemic...
Cooperative Banks Under SARFAESI Act : Analysis Of Constitution Bench Judgment
Recently a Constitution Bench of the Hon'ble Supreme Court comprising Hon'ble Mr. Justice Arun Mishra, Hon'ble Justice Indira Banerjee, Hon'ble Mr. Justice Vineet Saran, Hon'ble Mr. Justice M.R. Shah and Hon'ble Mr. Justice Aniruddha Bose dealt with a batch of matters in Pandurang Ganpati Chaugule v. Vishwasrao PatilMurgud Sahakari Bank Limited (Civil Appeal No. 5674 of 2009, decided on05.05.2020) decided the following issues:Whether 'coÂoperative banks', which are coÂoperative societies...
Borrowing Powers Of The Union And States In India: Time To Reflect And Revisit
Introduction The global pandemic has left no stone unturned to affect everything on its path, and economic dynamics are certainly not an exception to its unwavering captures. While predictions abound that the world economy may be pushed to its brink, opinions also resonate that developing economies may witness sharper recessions, with IMF projecting India's growth rate at a dismal 1.9% in fiscal year 2020. As the government and Reserve Bank of India attempt to put the pedal to the...
Section 29A: Time's Up or Is It?
Section 29A of the Arbitration and Conciliation Act, 1996 (the "Arbitration Act") was inserted by the Arbitration and Conciliation (Amendment) Act, 2015 with the aim of speeding up arbitration proceedings in India. Section 29A(1) originally required that an arbitral award be made within a period of twelve months from the date the arbitral tribunal enters upon reference (i.e., the date on which the arbitrator has received notice in writing of his or her appointment). Parties could, by...
[Column] "Ethics And Moral Values In Legal Profession" : Justice S.Vaidyanathan
This Article aims to provide a brief about "Legal Profession", which is otherwise called as "Noble Profession", with a view to ensure maintenance of high standards in it. This is the only profession, where genuine practitioners are glorified with the title "Learned", which denotes possession of skills not only in Law, but, also in other areas and having deep knowledge in all fields. The word "learned" has such a significant quality, which is not given to any other professional. In India,...
Is NCLAT - An "Efficacious" Remedy?
Established under Sec 410 of Companies Act, NCLAT hears appeals against the orders of benches of NCLTs across the country under IBC and Companies Act as well as appealable orders of CCI. Till recently NCLAT had only one Bench at New Delhi. However, in a welcome move, vide notification dated 13 March 2020, Central Government announced that a bench has been constituted at Chennai which shall entertain appeals against orders passed by benches of NCLT in Andhra Pradesh, Telangana, Karnataka, ...
Caught In The Undertow – Section 31D Of Copyright Act
Section 31D was introduced into the Copyright Act, 1957 ("the Act") by the 2012 amendments, which are considered to be the most significant amendments to India's copyright law. The Section pertains to Statutory Licensing provisions in respect of sound recordings, literary and musical works applicable to radio and television broadcasting organisations. A Statutory License can be commonly understood to mean a license inherently granted by the statute itself; to elaborate in simpler...
The Advocates' Dress Code -Let Us Make It More Indian And Suitable To Our Climate
Introduction: Recently, the Hon'ble Chief Justice of India Shri. Sharad Arvind Bobde, on the sidelines of a hearing, said that doctors had advised not to wear gowns and coats, as it makes it easier to catch virus and spread the chances of COVID-19. This was followed by a circular being issued on 13.05.2020 by the Supreme Court of India read, "As a precautionary measure to contain the spread of COVID-19 infection under the prevailing conditions, the Competent Authority has been pleased...
Establishing Criminal Medical Negligence In Times Of COVID-19
Doctors were equated with God in traditional India. But, this doctor-patient relationship has altered substantively over time. There has been a rise in medical negligence cases with development of technology and convolution of medical procedures. COVID – 19 has increased medical interaction across the country. In such circumstances, the possibility of increase in petitions on medical negligence, for good or for bad, is not unforeseeable. The jurisprudence around criminal medical...