Category: Posts

Constitutional Law, Human Rights, Public Policy

A Politicised Right to Education

By: Shomesh Srivastava “The function of education is to teach one to think intensively and to think critically. Intelligence plus character – that is the goal of true education.” –Martin Luther King Jr. Two incidents relating to syllabus cut made by Central Board of Secondary Education (CBSE) and the Assam Higher Secondary Education Council (hereinafter ‘AHSEC’) have raised two primary constitutional questions about the rights … Continue reading A Politicised Right to Education

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Information Technology, Posts

InsurTech: An Opportunity Riddled with Threats

By: Abhinav Gupta INTRODUCTION Innovation by way of technology is the key driver for the financial sector and now, even the insurance sector is no stranger to technology. The insurance industry is being greatly disrupted due to the rise in InsurTech startups (hereinafter ‘InsurTechs’). InsurTech is the integration of Insurance services and technology.  Although InsurTech is in its initial phase in India, it has moved … Continue reading InsurTech: An Opportunity Riddled with Threats

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International Law, Posts

Sea-Level Rise, Climate Refugees and Statelessness

By: Keshav Somani INTRODUCTION The sea-level rise poses a risk to the sovereignty and existence of island states such as Kiribati, Tuvalu, and the Marshall Islands. The threat of complete and permanent submersion could displace their entire population. Even before a threat of submersion is realised, slow on-set processes such as salinisation and land degradation will cause cross-border movement of individuals. In this regard, there … Continue reading Sea-Level Rise, Climate Refugees and Statelessness

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Antitrust Law, Posts

Corporate Influence and Behavioural Economics as Drivers of Competition: A Case Study of Jio Mart

By: A. Swetha Meenal INTRODUCTION Cited as the biggest FDI in the Indian technology sector so far, Competition Commission of India’s (hereinafter ‘CCI’) approval of the acquisition of 9.99% in Jio by Jadhu Holdings LLC, an indirect wholly-owned subsidiary of Facebook, has raised several eyebrows in the context of data concentration and its effects on privacy. Given the unparalleled market power of both the entities … Continue reading Corporate Influence and Behavioural Economics as Drivers of Competition: A Case Study of Jio Mart

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Information Technology, Posts

A Desideratum for Legislative Intervention to Contain Deepfakes

In this post, the authors deliberate on the potential of deepfake technology to disrupt an individual’s right to privacy and discuss the role of intermediaries to curb the same. They call for subject-specific legislation to tackle various complications presented by deepfakes. Continue reading A Desideratum for Legislative Intervention to Contain Deepfakes

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Constitutional Law, Human Rights, Posts

No Privacy for Prisoners in India

In this post, the author argues that the increasing installation of CCTV cameras in barracks and cells of prisons by state governments violates the right to privacy of prisoners. The author strives to establish how Supreme Court’s direction to install CCTV cameras in prisons fails to satisfy the proportionality and necessity test laid down by it in the Puttaswamy judgment, and therefore the SC needs to revisit its direction in light of the right to privacy recognised by it. Continue reading No Privacy for Prisoners in India

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Antitrust Law, Posts

Artificial Intelligence and Market Regulation: The Way Forward for the CCI

In this post, the authors highlight the potential anti-competitive concerns emerging from the use of Artificial Intelligence by enterprises. They analyse competition regulators’ practices worldwide and provide logistical suggestions to suit the Indian context. Continue reading Artificial Intelligence and Market Regulation: The Way Forward for the CCI

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Human Rights, International Law, Posts

In Pursuit of Exclusion: Foreigners Tribunals: Part II (Through the Lens of International Law)

In this post, the author argues as to how the working of the Foreigners Tribunals does not adhere to set international standards and concludes by suggesting reforms which shall be incorporated to protect the rights of those concerned. Continue reading In Pursuit of Exclusion: Foreigners Tribunals: Part II (Through the Lens of International Law)

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Human Rights, Posts

In Pursuit of Exclusion: Foreigners Tribunals: Part I (Structural Deficiencies)

In this post, the author discusses the structural deficiencies in the working of the Foreigners Tribunals established as per the Foreigners Act, 1946 and the Foreigners (Tribunal) Order, 1964. The author further discusses the evidentiary hiccups created as a result of shifting the burden of proof on the accused. Continue reading In Pursuit of Exclusion: Foreigners Tribunals: Part I (Structural Deficiencies)

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BlogTalk, Corporate Restructuring and Insolvency

BlogTalk 2.0: Mr. Anoop Rawat on Corporate Restructuring and Insolvency

The Insolvency and Bankruptcy Code, enacted in 2016, has reconceptualised the framework for insolvency resolution in India. The Code being at a nascent stage has been amended on a number of occasions and has been a subject of widespread debate. In pursuance of the same, we sat with Mr. Anoop Rawat, Equity Partner, Shardul Amarchand Mangaldas and Company, for a short discussion on the impact of the Insolvency and Bankruptcy Code and the surrounding issues. Our discussion followed from the need of an efficient infrastructure for the effective implementation of the resolution plan, the impact of COVID-19 in maintaining the operations of the Corporate Debtor as a going concern, the need to streamline the Indian debt regulations and more. Continue reading BlogTalk 2.0: Mr. Anoop Rawat on Corporate Restructuring and Insolvency

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