Justice Mukta Gupta – From A Prosecutor’s Desk

Justice Mukta Gupta’s retirement draws curtain on a remarkable tenure as a Judge of the Delhi High Court. During her retirement function, she repeatedly mentioned that it was her fourth innings in the legal profession. Indeed, prior to being appointed as a Judge, Justice Gupta appeared on behalf of the State/Govt. of NCT of Delhi as an Additional Public Prosecutor, Additional Standing Counsel and then as Standing Counsel in the Delhi High Court. She also appeared for the CBI before the...

TN Governor Is Liable To Be Recalled Due To His Unconstitutional Actions

There are enough and more reasons for the President of India who appointed RN Ravi as the Governor of Tamil Nadu to recall him as he has repeatedly defied his constitutional oath of office and acted as a law unto himself. He had been doing so in the past but he has now crossed all limits after he unilaterally dismissed Senthil Balaji from the Council of Ministers without the advice of the Chief Minister and the Council of the Ministers. He put the decision on hold after being advised to do so by...

Is It Time for India to Reconsider Its Stand on The Hague Abduction Convention?

After decades of skeptical side glances and nervous flirting, India and the United States finally seem ready to take their relationship to the next level. Prime Minister Modi’s recent state visit to the United States is a testament to the beginning of a new era of stronger ties between the two countries. In every relationship, certain topics are off-limits for discussion. However, in every successful relationship, the key is open communication. So, as both countries ring in a renewed...

Examining The Ambiguities Surrounding Finality Of Interim Awards

On June 14, 2023, the Ministry of Law and Justice constituted an expert committee for evaluating the working of the Arbitration law in India, examine its strengths and weaknesses, and recommend the reforms in the Arbitration and Conciliation Act, 1996 (“the Act”). This has given us an opportunity to look into the loopholes of the Indian arbitral ecosystem and work upon them. One such controversial and unsettled issue is the issue relating to interim awards. An arbitral award as defined...

A Review Of The NGT On Environmental Compensation And Waste Management Implementation

The National Green Tribunal (NGT) since its inception has been vigorously adjudicating environmental disputes in accordance with the legislative and governmental policies. Headlines in the media of heavy penalty or compensation by the court are being reported often. Despite such headlines, the same media on the other page report the poor quality of the air, polluted rivers, contaminated lands and pictures of waste accumulated on the streets. It is thus indispensable to find out the reasons...

Compensatory Afforestation: Highlights And Challenges

Under the Forest (Conservation) Act, 1980, whenever forest land is diverted for non-forest purposes such as residential, commercial, mining and industrial purposes, an equivalent area of non-forest land has to be taken up for compensatory afforestation. Additionally, in line with the ‘polluter pays’ principle, the entity responsible for such land diversion is also liable to contribute funds for establishing the compensatory forest fund. Compensatory afforestation is a crucial...

Are Dissenting Financial Creditors Adequately Protected Under Section 30(2)(e) Of The Insolvency And Bankruptcy Code (IBC)?

When a Resolution Applicant (RA) submits a Resolution Plan to the Committee of Creditors [“CoC”], the CoC engages in extensive discussions to decide whether to approve or reject the plan. If the plan is rejected and brought before the National Company Law Tribunal (NCLT), the NCLT initiates the liquidation process as per Section 33(1) of the Insolvency and Bankruptcy Code (IBC). However, if the plan is approved by at least 66% of the CoC members and presented to the NCLT, it undergoes two...

World Drug Day: 20 Important Judgments On The Narcotic Drugs and Psychotropic Substances Act

“The Narcotic Drugs and Psychotropic Substances Act has been enacted with the object of meeting the unprecedented challenge of illicit traffic in narcotic drugs and psychotropic substances. Drug abuse has been recognized as the single most powerful social offender in recent times creating unimaginable extent of damages on frighteningly large sections of the society. Its effect on the people addicted to it, is catastrophic for which the international conventions as to traffic on such drugs and...

Rights Of Autistic People And Duties To Autistic Children

Rights of Autistic people:A. EducationLegal FrameworkThe Right to Education Act 2009 safeguards education rights for all children in India, including those with special needs like autism.The act ensures free and compulsory education for children aged 6 to 14 and promotes inclusive education.Children with disabilities, including autism, can receive education in mainstream schools under the act.The act references the Persons with Disabilities (Equal Opportunities, Protection and Full...

Power Sector Peril: Unmasking The Threats Of Cyber Security

Technology has brought several changes in the human life. Better healthcare, education, commerce, travelling, lifestyle, every aspect of human life is influenced by technology. But like every coin has two sides, technology has pros as well as cons. Cybersecurity is one of the issues related with technology. In the recent times, with advent of modern modes of crimes, cyberwars have drawn attention of international, national as well as local institutions. Almost all sectors like...

Understanding Recent Amendments To RPwD Rules, 2017

On 5th June, the Ministry of Social Justice and Empowerment (“MoSJ&E”) notified the amendment to the Right of Persons with Disabilities Rules 2017 (“RPwD Rules”) in the official gazette. This amendment substituted the 2016 Harmonised Guidelines and Space Standards for Barrier-Free Built Environment for Persons with Disability and Elderly Persons (“Harmonised Guidelines 2016”) with Ministry of Housing and Urban Affairs latest revised Harmonised guideline called “Harmonised Guidelines...

An Analysis Of The Digital Personal Data Protection Bill, 2022

The Digital Personal Data Protection Bill, 2022 introduces a new framework for personal data protection, making it paramount to comprehend and understand its applicability and functions. The Government of India sees this released bill as one of the parts of its larger vision of a Digital Economy, this vision will include a comprehensive “Digital India Act” that would in due course of time replace the existing Information Technology Act, 2000. Hence it becomes crucial to take a closer look...