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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Finance & Banking

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

In this article, the authors delve into the intricacies of the BNPL mechanism, coupled with its necessity for financial inclusivity and credit extension for the unbanked in the financial system. The authors intend to provide a comprehensive analysis of the BNPL landscape in two installments. In this first installment, the authors delve into the challenges faced by the BNPL sector, the imperative need for RBI intervention, and a thorough examination of the regulatory measures implemented thus far. Building on the foundation that has been laid out, in the second part of this series, the authors will delve into the FLDG regulations, and furthermore will discuss the regulator’s working group suggestion and offer their own recommendations to enhance the landscape further. Continue reading The Changing Face of Credit: BNPL, Financial Inclusion and the RBI’s Regulatory Dilemma – Part I

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copyright, Intellectual Property

Analysing Controlled Digital Lending through the Prism of Fair Use and First Sale Doctrine under Copyright Law

In this article the author explores Controlled Digital Lending (CDL) within the context of Indian copyright law, examining its legality based on the First Sale Doctrine and Fair Use Doctrine. It debates how CDL, despite controversy, serves the public interest by offering access to knowledge, especially for those with physical limitations or in remote areas. Through an analysis of legal principles and court precedents, it argues that CDL aligns with fair use and the goal of copyright law to enrich society intellectually. Continue reading Analysing Controlled Digital Lending through the Prism of Fair Use and First Sale Doctrine under Copyright Law

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International Law

Critical Analysis of Corporate Liability under International Humanitarian Law

In this article, author Sanjana Mishra deals with the interplay between the corporations and their role in compliance with the International Humanitarian Law. Corporations in recent times have become a key geopolitical player in all arenas including armed conflicts. The author also deals with the jurisprudence of modern corporate structure and the laws drafted to address the state’s obligations to address the corporation’s liability and duties. The article also talks about various issues that IHL faces in holding corporations accountable such as the narrow scope of International Criminal Law and International Human Rights law, the restrictive nature of state responsibility doctrine, and the varying nature of the role of Corporates resulting in consequences that may breach IHL obligations. Continue reading Critical Analysis of Corporate Liability under International Humanitarian Law

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Criminal Law, Human Rights

Women of Manipur- The Collateral Damage.

In this article the author delves into the problem of sexual violence targeting women in areas affected by conflict, with a particular focus on the recent communal violence in Manipur. It underscores the widespread occurrence of various forms of violence against women, including abuse and rape, during times of armed conflict. The article advocates for the creation of a legal framework to acknowledge, confront, and deliver justice to female victims of sexual violence in conflict scenarios, as existing laws and international initiatives have fallen short in safeguarding these victims. Additionally, it explores the global perspective and suggests modifications to legislation and enhanced mechanisms to tackle this problem within India. Continue reading Women of Manipur- The Collateral Damage.

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Criminal Law

Orissa High Court on resistance in Rape Cases: A case of dangerous reliance on Rape Myths

In this article, the author Seerat Gill critiques on the judgement of Orissa High court in the case of Sanu Munda v State of Odisha. The author seeks to answer the question, can marital status and sexual experience be sound parameters while examining a victim’s level of resistance to rape? The piece answers this question in negative by offering a critique of the Orissa High Court’s reasoning for three reasons. First, it fails to take into account the Supreme Court’s prevailing jurisprudence which successfully debunks the existing rape myths. Second, the Court’s reasoning amounts to judicial stereotyping which is proscribed by the Supreme Court vide its judgment in the matter of Aparna Bhat v. State of Madhya Pradesh. Third, it puts additional pressure on the performance on victims and fails to take into account subjective reactions to an incident. Continue reading Orissa High Court on resistance in Rape Cases: A case of dangerous reliance on Rape Myths

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Privacy

Equity & Privacy- A Delicate Balance

In this article, the author Isabel Roy aims to critique the concept of privacy against a feminist background. In Indian society, privacy, discretion, and personal space are notions that are supposedly borrowed from Western ideologies. The paper argues that though privacy embraces autonomy and non-interference, the nature of privacy caters to the experiences and margins created for and by a specific gender group and has a disproportionate effect on the rest of the population. It also explores the idea of gender equity to be inculcated within the concept of privacy as an appropriate solution. Continue reading Equity & Privacy- A Delicate Balance

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Taxation Law

Tax Burnout: Fallout 4 the Gaming Industry

In this article the author analyses the recent decision of The Goods and Services Tax Council to impose a 28% tax on all online gaming funds, treating games of chance and skill similarly, which has sparked industry outrage. This move overlooks legal distinctions, conflicts with prior regulations and global tax norms, and threatens the gaming industry’s viability. It highlights the clash between revenue objectives and gaming’s societal impact. The Council plans to reassess its decision in six months. Continue reading Tax Burnout: Fallout 4 the Gaming Industry

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Criminal Procedure and Evidence

Limitation on S. 482, CrPC Application: An Obstruction to Justice?

In this article, the author Nankee Arora examines the recent jurisprudence on the inherent powers of the Court and analyses its effects on the access to justice. The article examines the ongoing discussion about the role of limitation periods in context of Section 482 of the CrPC, 1973. This piece analyses the reasoning of the Court in taking the position regarding the applicability of Section 482, to indicate that prohibiting litigants from filing a 482 application with inordinate delay does not dilute the power of the Court to deliver complete justice, instead it strengthens the position of the Court as an efficient forum for justice by upholding the principles of reasonableness, fairness and prudency that are essential to the legal framework of the country. Continue reading Limitation on S. 482, CrPC Application: An Obstruction to Justice?

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Intellectual Property

Cracking Down on Piracy: A Closer Look at the Cinematograph (Amendment) Bill, 2023

In this article, the authors delve into the recently passed Cinematograph (Amendment) Bill of 2023 and its objectives in addressing the persistent problem of film piracy in India. It introduces stringent provisions against unauthorized film recording and exhibition. The authors highlight that the success of the bill hinges on effective implementation and a multifaceted approach, emphasizing the necessity for collaborative efforts, technological interventions, and public awareness to shield the country’s entertainment industry from the widespread threat of piracy. Continue reading Cracking Down on Piracy: A Closer Look at the Cinematograph (Amendment) Bill, 2023

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