Articles
RBI's Fair Practices Code For Asset Reconstruction Companies – A Respite Or Woe
Recently Reserve Bank of India (RBI) has advised Asset Reconstruction Companies (ARCs) to adopt 'Fair Practices Code' so as to ensure transparency and fairness in their operation and issued guidelines on 16th July 2020. Most of the guidelines issued are practically already in use of ARCs in one form or the other, as the actions and non-actions are always the subject matter of...
Revised Guidelines Issued For Disposal Of Bio-Medical Waste During The Covid-19 Pandemic
The COVID-19 Pandemic has forced the Indian Government to frame more stringent laws relating to disposal of Bio-medical waste. The Central Government under powers conferred by section 6, 8 and 25 published the Bio-medical Waste ManagementRules, 2016 vide notification No. G.S.R.343(E) on 28th March 2016. The same superseded the Bio-Medical Waste (Management and Handling) Rules 1998, except...
Understanding Femicide
The World Health Organization defines 'Femicide' as the intentional murder of women solely for the reason that they are women. 'Femicide' is a hate crime term denoting the gender- based murder of a woman or a girl by a man [i] or in the context of a system made by males for the benefit of males in society. It need not be concentrated Genocide all at once but systematically...
Cicero, Ersinke, Orwell, Prashant Bhushan: Speaking To Power And Its Consequences
Two thousand and ninety years ago, Marcus Tullius Cicero, the greatest lawyer this world has ever seen, rose to speak on behalf of the people of Sicily. This was a unique legal action under the Roman law. It was brought up by the subject peoples of Sicily, then a Roman colony, against Gaelus Verres, the Roman Governor of Sicily. Sicilians were prosecuting him for abusing his...
Inquisition By The Media: The Newsroom Is Not A Court Room
"It has been seen that when a certain case is in court, the media starts a parallel trial, which is not good…Let the court first decide on a matter, then the media can criticize it."[i] Soli J. Sorabjee India, like many other common law jurisdictions, has adopted an adversarial system that governs criminal procedure. The duty to prosecute vests with the...
Reflections On Prime Minister's Tour Of Ayodhya
There has been a considerable debate on the proprieties of PM Modi`s visit to Ayodhaya to inaugurate the Construction of Ram Temple on the 5th of August. In my opinion to have a correct view on this one has to split the personality of PM Modi into that of a PM of the nation at large and that of Shri Modi as an individual believer. As an individual believer he has the freedom to...
Consumer Protection In The Online Marketplace- An Analysis Of Consumer Protection (E-Commerce) Rules, 2020
With the advent of the e-commerce industry, the relationship between a consumer and a seller has changed drastically, and so have the prevalent business practices in the market. Everything is now just a click away. However, this "e-revolution" comes with its own disadvantages. A major cause of consumer dissatisfaction is the rampant sale of counterfeit and spurious goods on various...
Pandemic Induced Live-Streaming Of Supreme Court Proceedings: Ensuring Public Access To Courtrooms In The United States Of America
Introduction Amidst the unprecedented health and safety concerns posed by the COVID-19 pandemic, the Supreme Court of the United States of America closed its doors to the public until further notice. The Supreme Court's closure is the first disease-related shuttering in over a century, with severely adverse consequences for the right of public access to courtrooms; a right that...
The Carrot And Stick Of Senior Designation – Do We Need It At The Stake Of Independence?
Background A writ petition has been filed in the Supreme Court of India seeking revocation of Mr. Dushyant Dave's designation as a Senior Advocate, in view of the arguments made by him defending Mr. Prashant Bhushan in the contempt proceedings initiated against him, suo-moto by the Supreme Court of India. The basis of the entire controversy revolves around the issue of a...
A Charter For Reform In Procedural Criminal Laws Ensuring 'Justice" In The Criminal Justice System
Nothing affects our lives and our liberty more directly than criminal law, and yet, nothing has been treated with greater disdain as far as law reform is concerned. We've talked about it a lot indeed. It has just not been important enough to implement, for some reason. We've forgotten that what separates a 'Criminal System' from a 'Criminal Justice System' ("CJS") is Justice and an antiquated...
Financial Bank Guarantees And Moratorium Under IBC,2016
The legal framework for rehabilitation of the sick industries and the corporate insolvency mechanism has witnessed enormous reformations with the advent of the Insolvency and Bankruptcy Code in 2016. The Code brought in a much more robust mechanism with strict time frames into the resolution process giving a much needed transparency and efficiency to the system. Unlike the SICA regime...