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
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
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
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)
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)
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
In this article, the authors analyse the issue of extinguishment of claims in order to provide a fresh slate to the resolution applicant who takes over the debt ridden corporate debtor in light of the Supreme Court’s Essar Judgment. Recently, the National Company Law Appellate Tribunal and the Rajasthan High Court have relied on the same to hold that the claims prior to the passing of the resolution plan stand extinguished. Continue reading Extinguishment of Claims Under the IBC: A Fresh Slate
In this post, the author has analysed the interaction of the judiciary with the legislature via-a-vis the separation doctrine, the position in contemporary jurisdictions and the bleak possibility of such a structure in a democratic federal set-up like India.
Continue reading Judges in Legislature: Can the Gap be Bridged Without Hurting the Separation?
In this post, the authors draw the attention to Facebook Inc.’s recent acquisition of a 9.99% minority stake in Reliance Industries’ digital arm, Jio Platforms Limited. They analyse how such deals may arise problems of a dual nature, revolving around data protection and competition law, and point to the lack of a data protection statute in India to tackle the same. Continue reading The Reliance-Facebook Deal: A Case for Data-Driven Mergers
In this article, the authors discuss whether the government can force the citizens to give up their Fundamental Rights to avail a government benefit, in light of the recent Jharkhand High Court order which made it mandatory for an under-trial to download the Aarogya Setu Application in order to get a bail. Continue reading Whether the State can Force Citizens to Give Up their Rights in Exchange for Government Benefits? An Analysis in Light of Aarogya Setu being made Mandatory for Getting Bail