The Interplay Between POSH Act And POCSO Act

In 2023, a writ petition, in the case of XYZ v. K. Foundation, [1] was filed by 7 petitioners in the High Court of Madras praying the High Court to issue directions to the K. Foundation (hereinafter referred to as the “Foundation”) to formulate a gender neutral policy to prevent sexual and other forms of harassment of students and create support mechanism in line with the Protection of Children from Sexual Offences Act, 2012, the Sexual Harassment of Women at Workplace (Prevention, Prohibition...

The Legal Battle Over EIA Amendments: Kerala High Court's Landmark Ruling

Under the Environment Impact Assessment Notification No. S.O. 1533(E) dated September 14, 2006 (“2006 EIA Notification”), the building and construction projects of more than 20,000 square meters and less than 1,50,000 square meters of built-up area have been mandated to obtain prior environmental clearance (EC). However, ambiguities existed regarding the definition of 'built-up area', the inclusions/ exclusions within the category of building and construction projects and the scope of exemptions...

Squelch Will Of Parties In Consumer Welfare Issues: Supreme Court Of India

The Supreme Court (“SC”), in M. Hemalatha Devi and Ors. v. B. Udayasri, (2024) 4 SCC 255, has once again expounded that consumer disputes are non-arbitrable, must be abstained from reaching private fora and that a reference for arbitration can only be made when consumer accedes to the same. Moving away from the conventional forums, arbitration has garnered much attention for being an expedient mode of dispute resolution between parties. Yet, the judiciary has been very vocal to prohibit certain...

Age Gating And The Consent Puzzle

With the government planning to introduce the rules pertaining to the Digital Personal Data Protection Act (“DPDPA”), 2023 soon, it becomes imperative for the industry to step-up to the next phase i.e. adoption and implementation readiness of this compliance heavy law in a time/cost efficient manner. Amongst several compliances, a significant compliance that needs to be undertaken relates to governance of personal data of children and persons with disabilities.THE LAWThe regulatory framework for...

Online Gaming Platforms And Intellectual Property

In today's day and age, online gaming platforms have witnessed increasing popularity. Due to the complex and dynamic nature of such platforms, it becomes necessary to protect the various elements of the platform from those who may attempt to illegally and unauthorisedly replicate or emulate such elements. Seeking legal protection of the platform and all elements therein – particularly through a set of Intellectual Property [IP] registrations, is therefore essential in such cases. ...

Mitigating Deepfake Threats: How Existing Laws Can Tackle Misuse

The controversies surrounding the morphed media of influential figures such as Alia Bhatt, Katrina Kaif, Rashmika Mandanna, and Sachin Tendulkar are rooted in the misuse of deepfake technology. These incidents have now become commonplace, raising alarms about the unethical and illegal uses of Deepfake technology. Despite government warnings, the issue continues to persist, prompting concerns about the integrity of the information we see online and the rights of affected parties. To...

High Courts & Eviction Of Tenants Through Writs

The Writ jurisdiction of Supreme Court or High Courts (Article 32 and 226 of the Constitution of India, respectively) can be invoked for enforcement of Fundamental Rights. While Article 32 guarantees the right to move to Supreme Court for enforcement of fundamental rights conferred under Part III of the Constitution - for directions or orders or writs including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for enforcement of such rights, Article...

IBBI Proposes Amendments To IBBI (Insolvency Resolution Process For Corporate Process) Regulations, 2016 In Relation To Rights Of Creditors To Enforce Guarantees

The Insolvency and Bankruptcy Board of India (“IBBI”), i.e. the insolvency regulator has proposed by way of a discussion paper dated June 19, 2024, certain amendments to the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Process) Regulations, 2016 (“CIRP Regulations”). One of such amendments proposes that the resolution plan submitted by a resolution applicant shall not prevent the creditors from enforcing their rights against the guarantors of the...

Implications Of Draft Prudential Framework For Income Recognition, Asset Classification And Provisioning Pertaining To Advances Issued By The RBI On HAM Projects

A lot has been spoken about the potential detrimental effects of RBI's draft prudential framework applicable to financing of project loans released on May 3, 2024 (“Draft Guidelines”) on various sections of the economy. While the Draft Guidelines were issued to address the underlying risks associated with financing of projects by providing an enabling framework for the regulated entities, almost all affected players were quick to react, and react they did rather scathingly, in the...

Unveiling Disparities: A Deep Dive Into India's Child Custody And Visitation Laws

Child custody battles are often the emotional epicenter of legal proceedings, especially in cases of divorce or judicial separation in India. Yet, the lack of clear, uniform guidelines for determining custody and visitation rights has turned these proceedings into a labyrinth of confusion and unpredictability. Families find themselves at the mercy of judicial discretion, unsure of the outcome and the impact it will have on their children's future. There is a pressing need for...

The Power Of Community Mediation

Justice is, in a key measure, representative of the manner in which we choose to resolve the conflict. An adjudication by following an adversarial process followed by further processes or a mutual acceptance by following a collaborative process and resolving the conflict. Our inner peace holds the key to outer peace. Access to justice is a key aspect in any successful democracy. Our struggles with bringing the justice delivery system to the doorstep of a citizen have been legendary.One key...

Decade Of The POSH Law: Analysis Of Reporting Trends And Low Compliance

The Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (also known as POSH Act) was enacted in India in the year 2013 with an intent to protect and promote safety of women in the workplace, indicating a momentous turning point in the ongoing struggle to achieve gender equality. This landmark legislation came into effect to provide a robust and effective redressal mechanism for victims of sexual harassment, alongside related matters.Sexual harassment...