Articles
A To Z Of The Insolvency And Bankruptcy Code: A Beginner's Guide (Part III)
In the previous two parts (click here[part-1] and here[part-2]), we tried unpacking the broad mechanics of the Insolvency and Bankruptcy Code, 2016 (IBC) and the central actors of the IBC regime. In Part II, we explored IBC's basic features, concepts such as: information memorandum, liquidation value, moratorium, non-obstante clause, operational creditor and concept preferential transactions....
Paid News During Elections In India
The menace of paid news rears its ugly head during elections throughout India. From Local Body elections to Parliamentary elections, the Candidates are increasingly misusing mass media to influence elections in their favour. The Press Council of India in its report on paid news has observed that the malady of paid news goes beyond the corruption of individual journalists and...
Rajasthan HC's Judgment On Supremacy Of Woman's Autonomy In Matters Of Abortion
Article 21 of the Constitution of India guarantees to every person the Right to Life and Liberty. The Courts have interpreted the Article to include the Right to Reproductive Choices. In particular, the Article allows a woman to decide whether she wants to procreate or not. This Right is not absolute and is limited once a woman conceives, as there is a competing interest of...
Court & Contempt: Dissent From The Bar
On 9th June, 2020, a Division Bench of the Gujarat High Court led by Justice Sonia Gokani took suo motu cognizance of the statements made by Mr. Yatin Oza, President of the Gujarat High Court Advocates Association and proceeded to initiate criminal contempt proceedings against him. This is not the first time in recent years when Mr. Oza has found himself to be in hot water. As recently...
The Transforming Landscape Of Dispute Resolution: Online Mediation And COVID-19
Introduction COVID - 19 has been posing challenges to every imaginable aspect of our life. Businesses have either shut operations or are forced to embrace digital transformation by working from home. This does not mean that the scope of disputes arising in the society has diminished. On the contrary, the pandemic has brought with itself a unique set of disputes. Most...
PIL : A Misunderstood Jurisprudence
None can escape the anguish and sinking feeling that sets in on witnessing the dehumanizing and painful sufferings of the lakhs of migrants (including toddlers and children) on account of the lockdown in the wake of the Covid 19 pandemic – a haunting spectacle that drew parallels with the horrors of the Partition. The media is abound with heart breaking reports and articles...
Information On Misinformation: Where We Are To Where We Could Be
Tedros Adhanom Ghebreyesus, the director general of the World Health Organization, aptly warned us right at the start of the pandemic that "We're not just fighting an epidemic; we're fighting an infodemic. Fake news spreads faster and more easily than this virus, and is just as dangerous..if the problem is not solved, then we are headed down a dark path that leads nowhere but...
Sexual Violence Against Children And Gender Disparity In The Law
The protection of children from sexual violence is a fundamental responsibility of every state. Such protection must not only be effective, but must also be comprehensive enough to ensure that no child is left more vulnerable than any other, regardlessof economic standing, gender or otherwise. In India, however, the law as it stands does not provide parity in the protection it...
Lengthy Judgments: Do They Appeal To General Public?
"However, the learned counsel...cannot derive the fullest succour from the aforesaid acqueisence... given its sinew suffering partial dissipation from an imminent display occurring in the impunged pronouncement here at where within unravelments are held qua the rendition recorded by the learned Rent Controller..." This excerpt from a judgement of Himachal Pradesh High Court in 2016 is...
Countering Fake News- A Critical Appraisal Of Social Media Regulatory Laws
Fake news is essentially information created from nothing with the aim to push a particular agenda; a practice which in today's world is at the dearth of most social issues. Not only does an unverified news piece create misinformed opinions about an issue, it can and has had devastating effects on important social events; often even impacting the dynamics of decisive real-world...
The Conundrum Of Forwarding E-Paper: Issues In Copyright
The outbreak of this pandemic accompanied a lot of problems in day to day life. This pandemic has brought us into a new normal. This 'new normal' has its majority existence working through online platforms. One such area deeply affected by the present situation and hotly debated in recent times is the issues of e-newspaper. At various places, the disruption regarding the...