In this post, the author attempts to analyse the current position with respect to the laws and policies concerning telemedicine and health-data protection in India. The author further examines the gap in the implementation and suggests the boosting up of telemedicine by ensuring the effective implementation of the data protection laws of our country. Continue reading Ensuring Effective Implementation of Data Protection Laws to Secure Telemedicine: The Need of the Hour
In this post, the author stresses upon the need to legislate to ensure the safety of healthcare personnel from the instances of violence against them. Further, the author sheds light on the draft bill on Protection Against Healthcare Professionals, 2019, and how it could be beneficial in safeguarding the interests of healthcare personnel in these stressful and unprecedented times. Continue reading Protection of Healthcare Personnel against Violence- A Wake-Up Call Amidst Crisis
In this post, the authors analyse whether the current pandemic situation qualifies as a force majeure event through various judgments and how it could lead to the frustration of contracts. They also write about what approach the courts should opt while hearing cases of breach of contract and suggests certain measures the government could take to provide relief Continue reading Coronavirus: Answering the Legal Dilemma
In this post, the author has provided his insights on the increasing instances of cyber-flashing, especially in the COVID-19 affected world. Further, the author explains why the current legal framework falls short and also explores better alternatives for effectively addressing the problem. Continue reading Cyber Flashing – A New-Age Form of Cyber Sexual Harassment
In this post, the author warns about the possible violation of the right to privacy by the government, through tech-based companies, in light of the current pandemic. He concludes by suggesting the way to keep our data protected. Continue reading Big Tech and Privacy Concern during the Pandemic: A Ticking Timebomb?
In this post, the author endeavours to answer the question revolving around the setting up of the Constitution benches in the Supreme Court and the interpretation of Article 145(3) of the Constitution. Continue reading Interpretation of Article 145(3): An Undecided Substantial Question of Law
In this post, the authors discuss the Surrogacy (Regulation) Bill 2019 and highlight the various perspectives the bill fails to take into account and the implications of its prejudiced outlook. From how certain medical phenomena remain unengaged with, to the failure to recognise the state of the ground reality of society, this piece is an expansive overview of what lacks in the bill and what could have been better.
Continue reading Surrogacy (Regulation) Bill 2019: A Regressive Move on the Verge of Becoming a Reality
In this post, the author attempts to criticise the little protection granted to commercial speech, argues that the distinction made between commercial speech and non-commercial speech in court decisions is based on absurd grounds and appeals to grant equal protection to such speech as a fundamental right. Continue reading Stepmotherly Treatment Given to Commercial Speech under Article 19(1): A Critical Analysis of the Existing Hierarchy
In this post, the author points out the conundrum regarding the application of the principle of “impossibility to perform an open offer” in Regulation 23(1)(c) of the SEBI (Substantial Acquisition of Shares and Takeovers) Regulation, 2011 as a requirement to grant a withdrawal of the takeover offer. The author further tries to strike a balance between the narrow and the wide interpretation of the Regulation. Continue reading Interpreting Regulation 23(1)(c) of the Takeover Code: Applicability of the Principle of Impossibility
In this post, the author subjects to scrutiny the way in which the Indian legal system is dealing with the outbreak of the COVID-19 pandemic and using it as a focal point, explores the concepts of the impossibility to perform a contract as opposed to the non-performance of a contract based on contingent events. Further, an analysis into whether or not the pandemic should get classified as a Force Majeure under Indian law is also provided while also drawing parallels with China, the epicenter of the crisis. Continue reading Disruption of Supply Chains due to COVID-19 – Can a Virus Give You an Excuse for the Delayed Performance of a Contract?