Criminal Justice system Amid Corona Outbreak : Global Report

"The coronavirus requires a challenging balance of rights: the rights of the defendant to a speedy trial and a trial by a jury of their peers against the rights of courtroom actors and jury members to their health" - Theodore Wilson, University of Albany's School of Criminal Justice The rapid release of Novel Corona Virus around the globe has put the criminal justice system on a halt. Amid this global crisis, an interesting insight emerging from approximately all nations is the...

Privacy In Times Of Corona : Problems With Publication Of Personal Data Of Covid-19 Victims

There are numerous problems with the publication of an online database consisting of personal data of the Covid-19 Victims

[Law On Reels] Netflix Documentary 13th : On Use Of Legal System As Tool Of Discrimination

"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." -Reads the 13th Amendment to the Constitution of the United States of America. With this amendment the Constitution of USA abolished slavery in December 1865. And yet almost 150 years since then, oppression of African American community continues in America. African Americans...

COVID-19 : Centre's Promise To SC For Relief Mechanism On Tax Recoveries Yet to Be Fulfilled

The scope of the extensions given by the Finance Ministry are different from those that were covered in the orders of Kerala & Allahabad HCs

Ethical Dilemmas During The Times Of COVID-19 Lockdown

As economies plummet and supplies dwindle, while mortality rates spike and panic hits the proverbial roof, we must ask ourselves whether it is legal and ethical to let people die of the virus so that we can survive?

Increase In Threshold For Commencing Insolvency Proceeding

The Union Finance Minister of India announced on Tuesday that the threshold for triggering insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 ("Code") stands increased with immediate effect from Rs.1,00,000/- to Rs.1,00,00,000/-. The Central Government's power to specify such increase is found in Section 4 of the Code : "4. (1) This Part shall apply to matters relating to the insolvency and liquidation of corporate debtors where the minimum amount of the...

Impact Of Raising IBC Threshold On Operational Creditors

On 24th March, 2020, Government of India decided to raise the threshold for the determination of the default from Rs 1 lakh to Rs 1 crore in the light of the recent pandemic outspread of novel coronavirus disease Covid-19, in order to help and aid the functioning of the small companies and MSMEs which might face the threat of defaults owing to the lockdown. This decision has also clarified the intention of the Government to aid the small business owners and companies to survive the ...

5 Years Of Shreya Singhal Judgment : Potential Remains Unfulfilled Due To Weak Enforcement

The Supreme Court of India's judgement in Shreya Singhal v. Union of India delivered on 24 March 2015 is a unicorn in Indian free speech jurisprudence. It was the first and only time a speech restricting law was struck down as unconstitutional instead of merely being read down. As noted by Sekhri and Gupta, the fact that impugned provision, Section 66A was a post-constitutional law which was routinely used by the police sets it apart from other pre-constitutional and rarely applied provisions...

Public Health Care Law Responses To Covid-19

INTRODUCTION Covid-19 [1] is continuing its threat to all human beings , regardless of age, sex, lifestyle, ethnic background, socio-economic status and nationality . It is causing suffering and death throughout the world. The humanity never expected Covid-19 to emerge . Outbreaks are a fact of life, and the world remains vulnerable. Today we do not know when Covid-19 will end , but all that we know at present is that Covid-19 has taken a terrible toll,...

Mr.Ranjan Gogoi's Sham Defence

I have heard all the three interviews given by Ranjan Gogoi to leading TV channels in which he sounded aggressive and brash as usual, besides peevish and immature. His explanation or justification for accepting the Rajya Sabha nomination also appeared ridiculous, if not absurd. At times, it sounded laughable. His immaturity and shallowness knew no bounds when he went personal against his one-time colleagues, declaring Justice Katju "irrelevant" and discrediting Justices Madan...

Courts In Times Of The Corona Virus: Why Courts Cannot Shutdown

"It is confidence in the men and women who administer the judicial system that is the true backbone of the rule of law. …It is in the Nation's confidence in the judge as an impartial guardian of the rule of law." ― John Paul Stevens, former judge of the Supreme Court of United States The Nine: Inside the Secret World of the Supreme CourtThe Covid 19 is not the first and certainly will not be the last of the pandemics. Throughout history, Bacilli, microbes and viruses have...

Every Crisis Presents An Opportunity – It's Time For India To Ramp Up Its ODR Capabilities

Amidst all the measures in India to curtail the spread of COVID-19, one thing that is becoming increasingly apparent is the judiciary's and the legal sector's absolute inability to function remotely (except for the top tier law firms who in any case service a miniscule percentage of corporate sector). Even though CJI Bobde attempted to assuage concerns by stating that virtual courts would be a reality 'soon', those closely following the design and implementation of e-courts project know...