Articles
AI, Actors, And Intellectual Property: Hollywood’s Struggle For Balance
The Writers Guild of America (WGA) and the Screen Actors Guild–American Federation of Television and Radio Artists (SAG-AFTRA) have gone on a strike. The WGA began on 02 May, 2023 followed by the SAG-AFTRA on 13 July, 2023. It is claimed that there shall be no writing, filming, casting or promotion of movies or television shows till their demands are met. Collectively, this is Hollywood’s first double strike in 63 years that could result in an estimated loss of $3 Billion to the US...
Dawn Of Mediation – A Relief For Justice?
The wait seems to be finally over! The entire mediation fraternity, like anxious fathers waiting outside the labour room, were waiting for the birth of Mediation Act. This seems to be the only discussion or question that was being asked by judges, mediators, arbitrators and lawyers in all the recent conferences and seminars on ADR – “When will the Mediation Act come?” But even now the child is in the incubator and has not come out of the labour room. The Rajya Sabha has passed the...
MahaRERA:De-Registration Of Real Estate Projects
The Real Estate (Regulation and Development) Act, 2016 (for short, “RERA”) which came into force on 1st May, 2017 has been enacted in the larger public interest for the purpose of settlement of disputes and smooth redressal of grievances between the home buyers and the builders/developers accompanied with increasing transparency in the real estate sector. Under section 34 of the said act, one of the functions of the RERA Authority is to register and regulate real estate projects and real...
Challenges Of Statute Mandated Arbitration Under The National Highways Act, 1956
Background“Interminable, time-consuming, complex, and expensive court procedures impelled jurists to search for an alternative forum, less formal, more effective, and speedy for resolution of disputes, avoiding procedural claptrap and this led them to Arbitration Act, 1940. However, the way in which the proceedings under the Act are conducted and without exception challenged in courts has made Lawyers laugh and legal philosophers weep. Experience shows and law reports bear ample testimony that...
Supreme Court's 'Illegal But Permissible' Jurisprudence
There is an obvious difference between a judgment of the Court and a newspaper editorial or an opinion piece. While both seek to take a principled stand and appeal to a higher ethical conscience, a court judgment has the power to create real world consequences, whereas an editorial piece can only aim to shape public opinion at an abstract level. The Court’s judgment can nullify the effects of an illegal act, restore justice to the affected party and visit the wrongful party with penal...
Green Hydrogen: Empowering India’s Journey Towards Energy Independence And Net Zero Emissions
“Sustainable and inclusive development has become a prevailing global agenda over the past few decades, garnering significant attention and dedication from nations across the world.” World Bank, 2018 (Transforming our World: The 2030 Agenda for Sustainable Development) Sustainable and inclusive development has been the global goal for the past few decades. Recent climatic conditions have emphasized on the need for the development to be eco-friendly and...
Decoding The Mental Healthcare Act, 2017: An In-depth Analysis Of India's Mental Health Legislation
In the coeval times, the term “health” is not limited to the physical aspect of the body but also includes mental and spiritual well-being. The concept in itself has attracted colossal credibility and has encouraged the government to look after the existing facilities and make way for up-to-the-minute developments taking place in terms of mental health care. The Mental Health Care Act, 2017 has a history of originating in the earlier act, the Mental Health Act, of 1987, which was a beacon...
Principle Of Fresh Start And Children In Conflict With Law
The Juvenile Justice (Care and Protection of Children) Act 2015 (hereupon referred to as the JJ Act) is a law that holds immense significance for the welfare of children in India. The development of juvenile justice jurisprudence in our country is ongoing, with new challenges arising daily. These challenges provide an opportunity for courts to establish a positive legal precedent on the subject and offer us the ability to view issues from various perspectives. One of the issues in...
SEBI Intends To Do Away With The "Promoter" Label?
The recent issue of equity transfer to family trust structures in the case of a popular fintech company has once again shed light on a certain lacuna in the regulator's system, one that SEBI (Securities Exchange Board of India) is yet to fix. To understand the issue in detail, we must first take a look at the definition of “Promoter”. A promoter of a company is generally defined as one who heads the entity and it is believed that a pattern of increasing promoter stake holdings in a company...
The Unheard Will Of The People- A Question Of Public Consultation
The recent invitation for public suggestions by the 22nd Law Commission (LC) on the feasibility of the Uniform Civil Code (UCC) has raised important questions about the approach taken by the commission regarding public consultation. In a diverse country like India, it becomes crucial to examine how the public is involved in such exercises. The focus of this article is not to discuss the merits or demerits of the UCC itself, but rather to provide a methodological critique of the process of...
A Look At The Forest Conservation (Amendment) Bill, 2023
The Forest Conservation (Amendment) Bill, 2023 will be presented during the Monsoon session of the Parliament which is likely to begin today. State governments including Chhattisgarh and Jharkhand, environmental and civil society organizations, activists and students have submitted their objections to the bill introduced by Shri Bhupender Yadav, the Minister of Environment, Forest and Climate Change and Labour and Employment. The Forest (Conservation) Act, 1980 came into force on 25th October...