Epidemic Diseases (Amendment) Ordinance, 2020 Needs A Relook

In response to the increasing instances of attacks against doctors and healthcare workers throughout the country, the government brought into force the Epidemic Diseases (Amendment) Ordinance, 2020 (the Ordinance). Judging by past experience, there is a looming possibility that the temporary Ordinance may gain permanence through a legislative stamp of validity from the Indian Parliament in the next session. The requirement of the Ordinance under the given circumstances can hardly be...

[Column] 'Dispute Resolution As A Service And The New Normal': By CS Vaidyanathan, Senior Advocate

The people have a huge stake in the integrity and independence of the judiciary. In the system of checks and balances, the judiciary as the sentinel on the qui vive has to be ever alert and vigilant to any transgression of the Constitutional limitation by the executive or the legislature. The people have reposed immense faith and trust in the institution of judiciary, because of the watchful role played thus far in a fair and transparent manner. The lawyers have played an active and...

Exclusion Of CM And State COVID Relief Funds From CSR Is Patently Unconstitutional

Among all the departments of the government of India, one might consider the ministry of corporate affairs the least political of the lot. Despite a benign sounding name and a mostly technical mandate to regulate the corporate sector, it's recent decision to funnel all CSR donations away from State and CM funds, solely to the PM Cares Fund, has given it a disturbingly political tinge. But even keeping the 'political' aspect of their decision aside, the consequences that will follow...

[NDPS Act] Actual Drug Content Or Total Mixture Amount : Why SC Decision In 'Hira Singh' May Need Reconsideration?

Any NDPS practitioner or their client cannot emphasise enough on the question as to whether it is the total quantity of material seized or the actual drug content by weight in the seized material which decides if the quantity involved in an offence is a small, intermediate or commercial quantity. The answer to this question is pivotal mainly because of two reasons - it decides whether or not the rigour of Section 37 which applies for offences involving commercial quantity will be at play...

Right To Freedom Of Speech And Expression ; Legal And Ethical Checks And Balances On Media

Media is the most powerful platform to express 'right to freedom of speech and expression under our Constitution. Since 1950, starting from cases like Romesh Thapar (1950 SCR 594), the Supreme Court has held that freedom of speech and expression guaranteed to all citizens by Article 19 (1) (a) of Constitution of India includes freedom of the press. The liberty of the press stands on no higher footing than the freedom of speech and expression of a citizen and that no privilege attaches to...

Patents & Pandemics: Assessing The Compulsory Licensing Regime In India

The Covid-19 pandemic has, among other things, brought into focus the role of patent law in innovation and in ensuring affordable access to medicines and healthcare. The patent system has often been accused of, inter-alia, reducing access to affordable drugs, of giving monopolistic power of controlling prices to big pharma, and of incentivizing profiteering instead of real innovation. Pro-patent lobbyists, especially the pharmaceutical sector, have maintained that patents help them...

Emerging Shadow Pandemic During COVID-19: Domestic Violence

"Significant numbers of the world's population are routinely subject to torture, starvation, terrorism, humiliation, mutilation, and even murder simply because they are female. Crimes such as these against any group other than women would be recognized as a civil and political emergency as well as a gross violation of the victim's humanity." – Charlotte Bunch 1- Introduction- Viral diseases are among the world's leading causes of morbidity and mortality. The 2019 outbreak of...

Doctors On The Phone - Navigating The Regulatory Waters Of Teleconsultation

Consultation with a doctor over the phone is not novel for most of us. Many of us have, at some time or the other, interacted with doctors over phone, WhatsApp and through other such means of communication. The importance of using information and communication technology to provide healthcare services in a country with a population of over 1.3 billion is not lost on policy makers, who have, now and again, highlighted India's commitment to adopt digital technology to fulfil its healthcare...

A Target Beyond Range

The COVID-19 pandemic has affected the world with unprecedented consequences. People all around the globe are suffering, and yet at the same time are battling against it with equanimity. All professions are playing a role of a servitor to help the world escape this perilous situation. Lawyers have among all occupations (with the exception of the doctors and the police officers) endeavored to protect and indemnify their clients against the humongous losses suffered by them in this...

Digitalisation Of Indian Courts, Mitigating The Hurdles Amid Outbreak Of Covid 19 With Post Lockdown Approach

The outbreak of Covid 19 from the Chinese City of Wuhan to more than 200 countries till date, hardly needs any discussion. Noval Coronavirus which appears to be deadlier than any other seasonal influenza, seems to be over for China, but the rest of the World is still grappling with the virus outbreak and so is India. The outbreak and its spread have shuttered many countries, paralyzed their economies and has affected everyday lives. The Judicial System of these Countries is being altered...

The Impending Judicial Crisis: The Judiciary Needs To Prepare For An Avalanche Of Covid-19 Litigation

The repercussions of COVID-19 are here to stay. Even after the lockdown is lifted and life returns to a semblance of normalcy, its aftermath will be felt for a long time by individuals, businesses and institutions alike. This especially holds true for the judiciary in the country. The massive disruption in trade and commerce is likely to manifest itself in a host of disputes specifically in employment, tenancy and contractual matters. Undoubtedly, the courts across the country will be...

Suspension Of MPLADS : Wrong Move For The Right Cause ?

" Every problem is an opportunity in disguise" - John Adams,Former US President With COVID19 playing havoc across the world, the Indian democratic polity seems to have been naturally presented with an opportunity to circumvent provisions of the Constitution. It appears as if the Union government is beginning to embrace the pandemic situation with an overwhelming impulsiveness to assert authority that is not sanctioned by our Constitution. The exercise of suspending MPLAD scheme...