The Un-Swach Bharat

2 Brothers Die While Cleaning Sewer at East Delhi Mall” - two days ahead of our 70th Independence Day celebration", the newspapers report of these bonded lives for whom freedom is alien. They remain in the clutches of slavery doing manual scavenging, which has been declared to be “disgraceful” and “prima facie a contravention of human rights and the right to live with dignity” by the Courts.Post two legislations since 1993, the practice is still widespread and according to the India Census 2011,...

Unlocking The MOP Lockjam

In our democracy, the final judges will be laymen like me, and all the millions like me, who don’t read that Constitution regularly, who don’t study all the interpretations of it and who may not even understand everything it says. We’ll be the judges of the effectiveness of the Constitution and the wisdom of the laws written under it and the integrity of your profession - Lee IacoccaIt was November 1996 when Chief  Justice P.N.Bhagwati made a momentous statement in his Law Day address, "I am...

The Breakdown Of Precedent At The Delhi High Court On The Issue Of Punitive Damages In IP Cases

The issue of punitive damages in the case of intellectual property infringement has been a contentious issue in India ever since it was first authorized by a single judge of the Delhi High Court in the case of Time Incorporated v. Lokesh Shrivastava (2005). Unlike mere damages which seek to compensate the plaintiff for losses suffered due to the defendant’s conduct, punitive damages aim at punishing the defendant for their conduct. While some jurisdictions like the United States have embraced...

A Note On Latest Supreme Court Directive On Section 498A Cases

The guidelines of the Supreme Court in Rajesh Sharma and others vs. State of Uttar Pradesh and another in cases relating to complaints U/S 498A of the Code of Criminal Procedure has baffled the entire nation. In a Country where the rights of women are sought to be protected by Courts, expanding the limited understanding of certain provisions, the sudden need to regress is unfathomable.The mandatory guidelines that, complaints U/S 498A would have to be referred to Family Welfare Committees, who...

Swambhu Gau Rakshaks On The Road: Does Motor Vehicles Act Play Any Role?

Come Janmastami (festival celebrating the birth of  Lord Krishna) and most of the cities in India would witness sudden rise of gau rakshaks (protectors of cows) armed with lathis (strong enough not only to control the cows, but even to hit human beings and damaging vehicles) on the roads meant for highway traffic.Often municipal corporations and police, especially the traffic departments of many cities, face tremendous problem of managing cows, gau rakshaks as well as motor vehicles all together...

UGC, JNU Violating Supreme Court Orders On UID/ Aadhaar

Disregarding previous court orders and unmindful of the June 9, 2017, verdict of Justice A K Sikri-headed bench of the Supreme Court on 12-digit biometric Unique Identification (UID)/Aadhaar, Dr Sajjan Singh, Assistant Registrar (Evaluation), Jawaharlal Nehru University (JNU), has failed to modify a circular dated April 20, 2017, on the subject of “inscription of Unique ID/Aadhaar number and photograph in marksheets and degree certificates”. The circular referred to a letter from the University...

Is Article 370 Of The Constitution Void?

As the Supreme Court admits plea challenging the validity of Article 370 of the Constitution of India granting special status to Jammu & Kashmir, one of the most controversial issues is back to shake the Indian politics. The plea is filed challenging the Delhi High Court order which dismissed such plea earlier. The Jammu & Kashmir High Court had, in 2015, observed that the Article 370 is a permanent feature of the Constitution and is beyond amendment, repeal or abrogation.Even as the...

Just CSR Will Not Do – India Needs A Law On ‘Individual Social Responsibility’ (ISR)

“The smallest of actions is better than the boldest of intentions”, goes a famous saying. All major religions emphasize on the need to give, without attachments, to make the most of human life. In India, the need to ‘give’ is celebrated through the different festivals when people reach out to their less fortunate brethren and extend a helping hand. Embedded in Indian culture is also the saying that “when you give through the right hand, don’t let your left hand know about it”. So far so good....

The Resolution Of Bankruptcy Cases In Time Bound Manner And Reduced NPAs

According to the World Bank Report of Doing Business, the insolvency resolution process in India is complex, time consuming and expensive due to presence of multiple laws. It takes an average of 4.3 years to resolve bankruptcy, which is extremely high as compared to countries like Japan, Singapore and Finland[1]. India is ranked at 136 out of 189 countries in resolving insolvency. On an average, a secured creditor in India recovers 25.7% for every dollar of credit from an insolvent firm which...

When Does The Sale Of A Motor Vehicle Take Place ?At The Time Of Delivery Or At The Time Of Registration

This might sound like a very trivial question. However, much turns on the answer to this seemingly innocuous question, as its potential answer can create or extinguish liabilities.Before delving into the topic, it is apposite to note some provisions of law.A motor vehicle is after all a movable good, a chattel, and hence its sale, transfer etc., would be governed by the provisions of the Sale of Goods Act 1930. Section 19 and 20 of the Sale of Goods Act states how transfer of property in goods...

The GST Amendment: Non-entrenchment Of Article 246A Under The Provisio To Article 368(2)

The Constitution (One Hundred and First Amendment) Act, 2016, popularly known as the GST amendment, marks the beginning of a Constitutional experiment that will put our federal character to test. A few major Legislative heads, which earlier fell within the independent and sovereign realm of individual legislative assemblies, have now been replaced by a legislative power that will ideally have to be exercised in unison by the States and Centre and the States inter-se if the integrated system that...

Nine Things Mooted By The State About Right To Privacy And Aadhaar In The Corridors Of The Court

From the day of dawn, the evolution of grand biometric identification project remained a bone of contention. As the skeletal framework of Aadhaar originates from 2009 Notification issued by Planning Commission. However, severe apprehensions regarding violation of privacy by the state led to severe contestations with civil society. It finally ended up by knocking the doors of the judiciary. As the first petition Justice K.S. Puttaswamy (Retd.) & Another v Union of India (WP(C) 494), is...