Criminal Law

Analysing the Law around Constitution of Common ICs: A Practical Approach

In this article the author delves into the existing provisions that have been stated under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH ACT”) and primarily emphasizes on the law around constitution of separate Internal Committees (ICs) for multiple branches of an organisation set up in different locations. The author tries to highlight the drawbacks that emerge alongwith the attempts to bring the Act into a proper effect with such an ambiguous provision and suggests various amendments that could be incorporated into the Act around the constitution of ICs while also pointing out and citing examples on how the Judiciary has relatively showed its leniency and permitted the constitution of common ICs in some prior cases. The author seeks to make the suggested amendments as practical as possible to ensure the effective implementation of the POSH Act. Continue reading Analysing the Law around Constitution of Common ICs: A Practical Approach

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Antitrust Law, Mergers & Acquisitions

Unveiling the Antitrust Dynamics of the Air India-Vistara Merger

In this article the author delves into how the merger of Vistara and Air India creates a mega-airline, potentially changing the Indian civil aviation market from an oligopoly to a duopoly. While the merged entity argues the market is competitive, the Competition Commission of India (CCI) raised concerns about high market share in certain routes. To address these concerns, the merged entity made voluntary commitments to maintain minimum capacity in those routes. The future impact on new entrants and consumer benefits remains unclear. Continue reading Unveiling the Antitrust Dynamics of the Air India-Vistara Merger

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Media

Deciphering Rule 18 of Cable T.V. Networks (Amendment) Rules: The Enigma of Self-Regulation in T.V. Channels

In this article the authors, delve deep into the existing self-regulatory mechanism under Rule 18 of the Cable Television Networks (Amendment) Rules, 2021 and the challenges surrounding multiple regulatory bodies in place. The authors examine the distinction between self-regulation and co-regulation, specifically focusing on the recent Broadcasting Bill 2023. The authors also propose the establishment of a uniform self-regulatory body for distinct segments of media. In light of this, the authors contend that there is no dire need for individual broadcasters to set up Content Editorial Committees. Continue reading Deciphering Rule 18 of Cable T.V. Networks (Amendment) Rules: The Enigma of Self-Regulation in T.V. Channels

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Competition Law, Consumer Protection

Contextualising Dark Patterns as Unfair Trade Practices under the 2023 DCA

The author in this article explores the emergence of “Dark Patterns” in the Indian digital market and the efforts by the Department of Consumer Affairs (DCA) to combat deceptive online practices through the Guidelines for Prevention and Regulation of Dark Patterns, 2023. Dark Patterns are defined as deceptive user interfaces aimed at coercing consumers into unfavorable choices. The guidelines identify specific practices falling under this category and link them to violations such as misleading advertisements, unfair trade practices, or infringement of consumer rights as outlined in the Consumer Protection Act, 2019. The essay analyzes how dark patterns can be assessed within the framework of unfair trade practices, emphasizing non-disclosure, deceptive practices, and the imposition of unilateral e-contracts. The broader interpretation of these guidelines is advocated to address evolving digital markets, ensuring consumer protection by evaluating online practices against identified features of dark patterns. Continue reading Contextualising Dark Patterns as Unfair Trade Practices under the 2023 DCA

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Posts

Extended | RMLNLU Journal on Communication, Media, Entertainment & Technology Law (CMET) [Vol 11] | Extension of Submission Deadline (10th February 2024)

About RMLNLU Dr. Ram Manohar Lohiya National Law University is an institute for law in Lucknow, Uttar Pradesh, India. Dr. RMLNLU was established in 2005, and since then, has provided undergraduate and post-graduate legal education. About the Journal Committee The Committee was constituted with the objective of promoting legal research and writing. Apart from conducting the RMLNLU International Legal Essay Writing Competition every year, the … Continue reading Extended | RMLNLU Journal on Communication, Media, Entertainment & Technology Law (CMET) [Vol 11] | Extension of Submission Deadline (10th February 2024)

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Arbitration

Closing the Debate on Inadequately Stamped Arbitration Agreements?

In this article, the author has traced the jurisprudence on the question of enforceability of unstamped or inadequately stamped arbitration agreements and point out the problems in the same. Then, the author has also analysed the judgment of the SC to show how it has sought to correct these problems using the conception of directed power and the Coase Theorem. Continue reading Closing the Debate on Inadequately Stamped Arbitration Agreements?

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Posts

SEBI’s New Centralized Reporting Mechanism: A Masterstroke or Not?

In this article, the author delves into the pivotal developments that transpired in October 2023 when the Securities Exchange Board of India (SEBI), exercising its authority under Section 11(1) of the Securities and Exchange Board of India Act, 1992 (SEBI Act), issued a consequential circular. Effective from January 1, 2024, this circular introduces a centralized mechanism for reporting the demise of an investor, facilitated through KYC Registration Agencies (KRAs). The primary objective of this regulatory initiative is to streamline the intricate process of reporting and transmitting securities following an investor’s demise, directing them towards the designated nominees or legal representatives. The author also talks about the necessity for such reform becomes apparent when considering the absence of a centralized system for reporting and transmitting securities in the pre-existing framework. Continue reading SEBI’s New Centralized Reporting Mechanism: A Masterstroke or Not?

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Posts

Navigating Adoption: Intricacies in the Angle of Consent of the Biological Parents

This article delves into the HAMA thats governs adoption in Hindu, Sikh, Buddhist, and Jain communities, while the Guardians and Wards Act, 1890 applies to others. Issues arise in cases of children born from rape, regulated by Section 38 of the Juvenile Justice Act. Consent complexities between parents are addressed by HAMA, but unique cases lead courts to prioritize the child’s welfare over parental consent. Parens Jurisdiction and international obligations underscore this duty. While consent is generally required, courts may interpret statutes to safeguard the child’s welfare. Transparency, judicial training, and research on childhood trauma are crucial. In conclusion, child adoption in India requires balancing the child’s well-being with parental rights, with courts consistently prioritizing the paramount importance of child welfare. Continue reading Navigating Adoption: Intricacies in the Angle of Consent of the Biological Parents

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Posts

Call for Papers: RMLNLU Journal on Communication, Media, Entertainment & Technology Law [Volume 11]: Submit by 3rd February, 2024

About RMLNLU Dr. Ram Manohar Lohiya National Law University is an institute for law in Lucknow, Uttar Pradesh, India. Dr. RMLNLU was established in 2005, and since then, has provided undergraduate and post-graduate legal education. About the Journal Committee The Committee was constituted with the objective of promoting legal research and writing. Apart from conducting the RMLNLU International Legal Essay Writing Competition every year, the … Continue reading Call for Papers: RMLNLU Journal on Communication, Media, Entertainment & Technology Law [Volume 11]: Submit by 3rd February, 2024

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Finance & Banking

The Changing Face of Credit: BNPL, Financial Inclusion and the RBI’s Regulatory Dilemma – Part II

In this article, the authors explore the complexities and challenges within the BNPL sector, emphasizing the need for RBI intervention. It delves into FLDG regulations, their impact on the sector, and the RBI’s recent guidelines. The authors also discuss the RBI’s working group suggestions aimed at addressing issues related to digital lending apps while also providing their own recommendations for striking a balance between regulation and innovation to ensure financial inclusivity. Furthermore, the article also highlights the importance of protecting the underbanked while promoting responsible lending. Continue reading The Changing Face of Credit: BNPL, Financial Inclusion and the RBI’s Regulatory Dilemma – Part II

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