Shamefully Misogynistic Section 69 Of Bharatiya Nyaya Samhita – Is This The Way Forward?

During the conduct of a project titled 'Project POSH' that I am part of, a student intern in utter dismay expressed her shock and disbelief at the new Section 69 of the then BNS Bill. I was happy at the political correctness and sensitivity in young law students, and uttered in hopeful soliloquy that the Bill might not be passed in that shape. It was disheartening to see the section in...

Shackled In Sugar: Unjust Labour Practices In Maharashtra's Sugar Industry

The Maharashtra sugar industry counts for 1/3rd of the sugar production in our country. Its fertile sugarcane belts not only underpin the state's rural economy but also sustain the livelihoods of millions of workers who migrate from drought-affected regions during the harvest season. However, despite its economic pertinence, the sugar producing powerhouse has long been mired...

The SC/ST (Prevention of Atrocities) Act: Ensuring Justice And Equality For Marginalized Communities

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, commonly known as the SC/ST Act, stands as a pivotal legislative measure in India aimed at safeguarding the rights of Scheduled Castes (SCs) and Scheduled Tribes (STs) from various forms of abuse, discrimination, and violence. This landmark legislation provides a robust framework to ensure justice for...

Supreme Court judgement in Chief Engineer V. BSC&C On Section 29-A , Arbitration Act

In a short order passed on 13th May 2024, the Supreme Court dismissed a Special Leave Petition (“SLP”) in arising out of a judgment passed by the Meghalaya High Court in Chief Engineer v. M/s. BSC&C and C JV (“BSC”) in which it interpreted the expression “Court” in Section 29-A of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”). The Supreme Court stated...

The Change In Remand Law As Per The Bharatiya Nagarik Suraksha Sanhita, 2023.

Three new criminal laws have been passed by the Parliament to replace the existing Code of Criminal Procedure, 1973 (Cr.P.C.), the Indian Penal Code, 1860 (I.P.C.) and Indian Evidence Act, 1872 (I.E.A.). These new laws will come into force on 1 July 2024. However, even though the objective of the enactment of these laws were to create an empathy-driven legal framework, several provisions need...

The Message And Implications Of The 2024 General Election

The nation has just completed the biggest dance and festival of democracy. The people of India have exercised their supreme right, their vote to choose a government. This is the largest experiment undertaken in human history in the art of democratic living and governance. Never before and nowhere else has more than one sixth of the human race lived as one political entity under conditions...

Original Civil Jurisdiction And Arbitration: Unpacking The Supreme Court's Ruling On Section 29A Of The Arbitration Act

The recent ruling of the Supreme Court in Chief Engineer (NH) PWD (Roads) v. M/s. BSC & C and C JV brings clarity regarding the jurisdiction of courts under Section 29A(4) of the Arbitration and Conciliation Act, 1996 (the “Act”). The Supreme Court upheld the Meghalaya High Court's decision, affirming that the authority to extend the mandate of an arbitral tribunal beyond...

Information Utilities Under IBC: Navigating Judicial And Regulatory Complexities

The success of insolvency proceedings critically hinges on the availability of complete, correct, and up-to-date information about the debtor. Such comprehensive information is rarely available to all stakeholders in equal measure. This disparity can hinder the resolution process and compromise the objective of value maximization, while the asymmetry of information can lead to uneven...

Allahabad HC Preventing Live Reporting Of Its Hearing Raises Concerns Regarding Freedom Of Press To Cover Court Proceedings

While hearing a PIL Plea challenging Congress leader Rahul Gandhi's election as an MP from the Rae Bareli constituency, the Allahabad High Court yesterday asked a LiveLaw reporter to stop reporting on the court proceedings and immediately leave the Courtroom premises. Sparsh Upadhyay, an associate editor with LiveLaw, and the only journalist present in the courtroom posting live...

CCTV Cameras And Making Of Surveillance Societies

The recent explosion of CCTV usage in society has made it a quintessential aspect of the material culture of technology in such a way that it is nearly impossible to not come under its watch in the public sphere. It is estimated that there are about one billion surveillance cameras in operation worldwide. Delhi, the national capital of India, has been reported to have around...

How To Fulfill Requirements Of Admissibility Of Electronic Evidence Under Bhartiya Sakshay Adhiniyam, 2023?

The advent of technology has ushered in a transformative era in the legal landscape, significantly altering the nature of evidence presented in court cases. In recent years, there has been a remarkable shift towards an increasing reliance on electronic evidence. The ubiquity of digital devices and the widespread use of online platforms have generated a wealth of electronic data that now plays...

Towards Robust Competition Law In India: Addressing Hub And Spoke Cartels

The significant growth of Indian markets and a paradigm shift in business operations prompted the Government of India to establish the Competition Law Review Committee (CLRC) in 2018. The CLRC was tasked with examining and suggesting modifications to the Competition Act of 2002. In 2019, the CLRC submitted its recommendations to the Government. Following a review of...