Crypto-Currency Exchanges, The Play Ground Of Young India

Crypto-currency Exchanges are the new playgrounds of Young India specifically the Young Technocrats and Restless Investors. Even though crypto-currencies have been around now for more than 10 years, it has seen more frenzy in the last one year with the price of Bit-coins the most popular of cryptocurrencies, appreciating to dizzy heights.Now, what are these crypto-currencies that have suddenly become the flavour of the season amongst the Young Technocrats and New Generation investors? All around...

Cyber Juvenile Delinquencies- Side Effects Of Internet And Social Networking Sites

“Conquering the challenge, proving oneself to the group and intellectual satisfaction are more important motivations than financial gain. Yesterday 4 hackers were arrested by police who used to book free online tickets for buses on upsrtconline.co.in website through compromising payment gateway traffic. Among the arrested two were B-tech student and other two were juvenile studying in class 11. They had created a close Facebook and WhatsApp group to share bugs and exploits. Shockingly the group...

When Repeal Comes In Disguise Of An Amendment

In 1985 the Supreme Court upheld the right of a divorced Muslim woman to seek maintenance from her former husband in the much famous Shah Bano case. The Parliament, under the leadership of then Prime Minister Rajiv Gandhi, quickly responded to take away this minimal right by enacting a law which was ironically christened ‘Muslim Women (Protection of Rights on Divorce) Act, 1986’. The Prevention of Corruption (Amendment) Act, 2018, which has been notified last month after receiving presidential...

Gearing For Another Reform In Arbitration: A Tester Or Change-Maker?

In the wake of “internationalisation” which is the present Indian agenda there have been several legal reforms that have been/ are being undertaken and looked closely by the present lawmakers and its enforcers.Today, the agenda of increasing foreign direct investment through liberalisation of existing norms and regulated sanctions is taking precedence and many remedial measures, including that in the space of international arbitration are being implemented.While the enthusiasm to make laws and...

Law As Tool For Social Change : Examples From Karunanidhi

The legislative changes piloted by him are notable, as they are illustrative of the power of law to act as a catalyst for social change.Five-times CM and president of Dravida Munnetra Kazhakam(DMK) Party Muthuvel Karunanidhi, who passed away on August 7, rode to power on the wave of Dravidian movement. The Dravidian movement powered by the thoughts of Periyar E.V Ramaswamy started off as an attempt to assert Tamil cultural identity; gradually it gained more ideological depth under the guidance...

Eroding Democratic Values

Supreme Court has recently said ‘lynching is an affront to the rule of law and to the exalted values of the Constitution itself’. The Rule of law is one of the basic features of the Constitution of India and the same reflects everywhere in it. Similarly, the Supreme Court has declared ‘Secularism’ as a basic feature of the Constitution. Hence, Secularism cannot be taken away from the Constitution even after its amendment. The principle of secularism, as stated and understood, would not only...

Phone Tapping In India: A Need To Revisit Law?

The Indian Telegraph Act 1885 (hereinafter “the Act”) is the primary legislation concerned with controlling and regulating communication channels in India. Section 5 of the Act lays down grounds for issuance of an interception order which includes the occurrence of a public emergency, interest of public safety, the sovereignty of India, security of the State, friendly relations with the foreign States, public order and preventing any incitement to the commission of an offence. The Act recognizes...

Centre's Scramble For One-Upmanship Over Judicial Appointments

The SC Collegium has been biting the bullet, sending disconcerting signals about  independence in judicial appointments.Though the acceptance of re-recommendation for Justice K M Joseph's elevation has avoided an embarassing stand-off between Centre and SC Collegium, it is hard to miss the an emerging pattern in the recent judicial appointments, which indicates the attempts of the Centre to have one-upmanship over Collegium.The appointment of Justice Joseph - whom the Collegium had unanimously...

Data Protection Bill: Govt’s Yet Another Attempt To Weaken RTI Act In The Name Of Privacy

If any proof was required that the Right to Information Act is seriously threatening the arbitrary and corrupt actions of those who are powerful, the proposed Data Protection Bill provides it. The Supreme Court of India in various decisions before the advent of the RTI Act has acknowledged that the Right to Information and Right to Publish are fundamental rights of citizens under Article 19 (1) (a) of the Constitution which guarantees freedom of speech and expression. Any constriction of this...

Concerns Flagged Over Motor Vehicles Amendment Bill

There is opposition that the Bill encroaches on powers of State Government. It is also felt that the Bill does not adequately address concerns of road safetyThe passing of the Motor Vehicles Amendment Bill in the Rajya Sabha has hit a road block after several members from the opposition raised concerns about it. The Bill, which was introduced in Lok Sabha during August 2016, makes several amendments in the Motor Vehicle Act 1988. Though the Bill was passed by Lok Sabha during April 2017, it was...

Srikrishna Committee Report And Draft Data Protection Bill - Initial Statement

The Expert Committee chaired by Retd. Justice B.N. Srikrishna submitted its 176 page report to the Minister of Electronics and Information Technology at 1600 Hrs on 27 July 2018 (today). The Committee also submitted a draft of the legislation on data protection titled, ‘The Personal Data Protection Bill, 2018’. After weeks of secrecy, denial of information in RTIs about the proceedings of the Committee, the report as well as the draft legislation have now been placed in public domain. It is a...

What The Judges Can Do?

“What do the judges do?” an irritated client questioned, as his matter, which was posted for final hearing, was adjourned. I mostly shrug off such questions. But on this occasion the client was so perturbed, a long discussion ensued and made me realise that a common man hardly has any idea of ‘what the judges do’. A successful CEO of a Multinational Company attended the court hearing of what was supposed to be the final hearing of his case. The matter was being shown in the category of final...