Articles
Time For The Sledgehammer
As the WhatsApp messages fly thick and fast with statistics, studies, projections, conjectures and rumours about the COVID-19 storm, it is clear that in a nation as large and unwieldy as ours, measures that place the onus on the citizenry are unlikely to work. Take the Supreme Court, for instance.After a meeting of the stakeholders, the website of the Court uploaded a Notification on 13th March directing that only urgent matters would be listed for hearing, and that only one litigant shall...
SC On Resolving Conflicting "Place Of Arbitration" And "Exclusive Jurisdiction" Clauses
It is not very uncommon to come across conflicting "place of arbitration" and "exclusive jurisdiction" clauses. One may find that the parties expressly designate the place/ seat of arbitration to be at 'X' but also provide for separately an exclusive jurisdiction on civil courts at place 'Y' to decide disputes arising out of the contract. Sometimes, such conflicting clauses are found separately in related contracts. In Chloro Controls India (P) Ltd. v. Severn Trent Water Purification...
Crisis & Structural Change In Judiciary
On 15th March, a high-level meeting was held at the Supreme Court of India between leaders of insider stakeholders (Judiciary, Advocates-on-Record Association, and Supreme Court Bar Association) and outside medical experts. This meeting was convened to discuss the way forward in the time of Covid-19. Notably, another important stakeholder the Supreme Court Bar Clerks' Association went unrepresented at this meeting. At this important meeting in these rather difficult times, the...
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'...
![[Law On Reels] Salaam Bombay : In Times of Collective Revenge, A Story Of Children In Need Of Care And Protection](https://www.livelaw.in/h-upload/2020/03/04/500x300_370865-salaamb.jpg "[Law On Reels] Salaam Bombay : In Times of Collective Revenge, A Story Of Children In Need Of Care And Protection")
