Articles
COVID 19 : Administrative Orders For Adjournment Are Problematic
The impact of Covid-19 is being felt across the world and a variety of institutions, including judicial fora, have advocated urgent steps to contain the spread of the infection. With the Supreme Court taking the lead in implementing mitigatory measures to reduce the risk of infection and introducing heightened screening processes in its premises, other courts and tribunals have followed suit. Directions have been issued by various courts and tribunals in this regard which come into effect...
Coronavirus And The Constitution
Late last week, the World Health Organisation declared the outbreak of Covid-19 ["the Coronavirus"] to be a pandemic. While the epicentre of the disease is presently in Europe, it has also found its way to India, with numbers expected to rise sharply in the coming days and weeks.The Coronavirus presents legislators, the government, and public health professionals with a series of complex policy challenges. Does the Constitution also have something to say about it? Over the years, the right to...
Corporate India's COVID-19 Action plan: How To Balance Data Protection With Emergency Response
On March 11, 2020, the World Health Organization (WHO) declared COVID-19 as a pandemic, effectively urging countries to take all necessary measures to detect, test, isolate treat people in order to avoid handful of cases resulting into clusters and community transmissions, that further stress capacity of global public health institutions[1]. In case of COVID-19, the pandemic declaration is reflective of its spread, unlike intensity. Both prior to and post issuance of the WHO directive,...
COVID 19 : Decoding The Legal Framework For Pandemic Control
Quite recently, the World Health Organisation (WHO) declared the novel Coronavirus (COVID-19) a pandemic. According to the WHO, a pandemic is defined as the "worldwide spread" of a new disease. WHO, however, also remarked that it is a pandemic which can be controlled if governments around the world undertake effective measures. In response to the novel virus which has claimed more than 5000 lives worldwide and affected more than 1,45,000 people, governments around the world have imposed...
Publishing Photos, Names And Addresses On Hoardings Of Alleged Rioters Is A Violation Of Right To Privacy
The Supreme Court on 12th March, 2020 refused to stay the 9th March decision of the Allahabad High Court and directed the registry of the apex court to put up the file before Chief Justice of India for constituting a 'bench of sufficient strength' to hear and consider the case. The vacation bench comprising Justices UU Lalit and Aniruddha Bose was hearing a special leave petition filed by the government of Uttar Pradesh against Allahabad High Court's order to remove the 'name and shame'...
Analysis Of Supreme Court's Cryptocurrency Judgment
On 31 October 2008, Satoshi Nakamoto, a presumed pseudonymous person(s), presented a paper titled "Bitcoin: A Peer-to-Peer Electronic Cash System". The intention was to create a decentralized digital currency that would operate without a central bank through an open-sourced network using cryptography to verify and validate transactions. There would, under this model, be no need for any intermediaries, and each transaction would be recorded on a public ledger called a blockchain. At least since...
The Possible Aadhaar-NPR-NRC Link : A Cause For Concern?
Background The UIDAI has been consistent that Aadhaar is not a citizenship proof. Foreigners who earn business income in India and are considered as tax residents, need to enroll for Aadhaar to file tax returns because of the mandatory PAN Aadhaar linking. Further even NRIs and PIOs who have stayed even for a day are eligible to apply for it. This categorization (Resident or Non-Resident) is self declared during enrollment. NRIs, PIOs and foreigners typically use their...
Why UK SC Judgment On 'Operation Exposure' Cannot Be Used To Justify UP Govt's 'Name & Shame' Banners?
Appearing for Uttar Pradesh government in the Supreme Court, the Solicitor General of India placed quite a heavy reliance on a judgment of the Supreme Court of the United Kingdom viz. in the matter of an application by JR38 for Judicial Review (Northern Ireland), (2015) UKSC 42, to justify the 'Name and Shame' banners erected by Uttar Pradesh administration. The March 9 judgment of Allahabad High Court had directed the removal of these banners erected by the UP administration in Lucknow...
Exploring Corollaries Of The "Me Too" Movement In India
Following allegations of sexual misconduct against film producer Harvey Weinstein surfacing in October 2017, the Time Magazine declared "The Silence Breakers" as the "2017 Person of the Year". This article had featured stories from women and men who had suffered from sexual harassment and/or sexual assault. The profound reality that emerged from this chain of events was sparked by "Me Too" declarations across the globe, was that that sexual harassment and/or sexual assault surpassed ...







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