Articles
EPF Pension Case : What Is RC Gupta Case Verdict? Why EPFO Wants It Reconsidered?
The Employees' Provident Funds and Miscellaneous Provisions Act, 1952 was constituted for welfare of employees by way of the institution of provident funds, pension funds and deposit-linked insurance fund for employees in factories and other establishments.Time and again amendments have been made to these funds by the Government by way of new schemes, amendments to existing ones, and issuance of circulars, which have been challenged before Courts. One important judgement with regard to pension...
Clinical Trial Regulation In India: Need For Accountability In Ethical Review
Clinical trials are a type of research study conducted by pharmaceutical research teams that are designed to evaluate new drugs and treatments and their effects on human health outcomes, to evaluate interventions used to diagnose or treat certain conditions, or to examine methods to identify risk factors for a condition and improve the quality of life for people with chronic illnesses.[1] Clinical research has social value as it collects information which may be useful to identify improved...
The Juvenile Justice Amendment Bill, 2021: Welcome Although Incomplete
In July 2021, the Parliament of India passed an amendment bill to strengthen the Juvenile Justice(Care and Protection of Children) Act, 2015 that allows district magistrates and additional district magistrates to issue adoption orders under Section 61 of the JJ Act, in order to ensure speedy disposal of cases and enhance accountability. What the amendment leaves untouched is Section 15 of the Act that allows a Juvenile Justice Board (JJB) to decide on the basis of the mental and...
Critical Analysis Of The Uttar Pradesh Population (Control, Stabilisation And Welfare) Bill, 2021
On 11th July 2021, the Law Commission of Uttar Pradesh released a draft bill on population control. The Uttar Pradesh Population (Control, Stabilisation and Welfare) Bill, 2021. The Uttar Pradesh Government, led by Chief Minister Yogi Adityanath, went in for a strong-arm tactic instead of a non-coercive measure to achieve this objective to control the population. The poorly drafted bill is also being criticized for being discriminatory, unconstitutional, dangerous, and a bundle of threats...
Pradhan Mantri Awas Yojana - Urban & Women's Property Ownership
Women's ownership of property and housing is often constrained due to historically rooted barriers of certain cultural and social norms in India. Caste and class hierarchies further impact some groups of women more severely. While women are not a homogenous group, there are certain shared experiences and vulnerabilities emerging from gendered relations of power and inherent patriarchal nature of our society that has led to highly skewed property ownership by males. The percentage of...
Inheritance Rights Of Transgender Persons In India
In 2005, Ajay Mafatlal, the first person in India to undergo a sex reassignment surgery, was accused of doing so for inheritance. Since then, there has been increasing institutional recognition of transgender persons in India. In 2011, the national census for the first time allowed persons to identify as - others - leading to approximately five hundred thousand individuals availing the choice. In 2014, the Supreme Court directed the constitutional recognition of a third gender. However,...
Section 15 Of The Hindu Succession Act 1956: Gender Bias And The Need For Reform
Section15 of the Hindu Succession Act provides for the order of intestate succession to a Hindu female intestate's property. In case of a married Hindu female intestate's property, it devolves first upon her children, children of predeceased children, and husband. If none of these people are available to claim the property, clause (b) of sub-section (1) provides for the devolution of a married Hindu female's property upon the heirs of her husband. Only if these heirs are not available...
Oil Exploration, Development And Production; A Transparent Selection Process Of Oil Companies
There are immense quantities of hydrocarbons trapped both on-shore and off-shore – beneath the oceans, the extraction of which depends on complex technologies and expertise generally possessed by international oil companies ("IOCs"). Petroleum operations are large, capital intensive projects and most developing nations lack the financial resources, as also the technical expertise, to conduct Exploration and Production ("E & P") operations unassisted. Consequently, the States/Host...
Validity And Enforceability Of Electronic Contracts And Electronic Signatures
A Contract is an agreement between two parties that is enforceable by law. Typically, Contracts are written on paper and signed by the parties ("Paper Contracts"). However, there is no stipulation in the Indian Contract Act, 1872 ("Contract Act") which states that a Contract should be written on paper and signed by the parties. In fact, even an oral Contract is valid so far as it satisfies the conditions required for a valid Contract as per the Contract Act. That being so, Paper Contracts...
IBC - The Journey So Far – Part II
JOURNEY ON THE LEGAL FRONT The factors which could be said to be key for rapid and successful stabilization of the legal positions, have been timely initiatives by the Government by introducing timely amendment in the Code wherever needed and some landmark judgments by the Supreme Court which helped in accelerating the process and cutting short the time. In a short span of four years there were as many as four major amendments in the Code. The first major amendment was introduced...
