by sflc_admin | September 2, 2016 Aadhaar operates with the collection, sharing, and storage of biometric as well as demographic information of the individuals. With its mass enrollment, it is being planned and aimed as a means for enabling a larger digital ecosystem to make the shift to a data cent...
Blogs
by sflc_admin | September 1, 2016 SFLC.in is organizing the second in a series of consultations on hateful and harassing speech online on Tuesday, September 6, 2016 from 02:30 to 04:30 PM at Conference Room-1, India International Centre, New Delhi. This consultation will bring together representativ...
In February 2014, Facebook purchased WhatsApp for a whooping $19 billion. This deal came under scrutiny from various privacy advocates. They questioned if the standards of privacy and security of communication on WhatsApp would be maintained post acquisition. WhatsApp reassured users of its commitme...
National Law University, Delhi in collaboration with Herbert Smith Freehills LLP is set to organise the 3rd edition of the International Negotiation Competition from 09-11 September 2016. The competition, which was started in 2014, is the first of its kind in India. With the growth of Alternate Disp...
No One Is Coming To Arrest You. (Before I begin, let me apologise in the beginning itself for any typos, lack of sources shown or missed while writing the present post since it’s a court day and I am doing this on my phone. However, the random questions and calls that I have received on the issue ha...
The author of the present critique, is a practising Advocate before various Courts and Tribunals in Delhi NCR. The author respectfully bows down to the decision/ judgment of the Hon’ble Kerala High Court, which is subject matter of the present critique. However, the said judgment suffers from a few ...
The Mental Health Act Bill 2016 was passed in the Rajya Sabha on 8th August 2016 and is expected to be discussed in Lok Sabha during next session. The Bill repeals the existing Mental Health Act, 1987. The Bill is aimed to provide for mental healthcare and services for persons with mental illness an...
By Aarti Bhavana With just a month left for the 30th September deadline, ICANN has been busy completing all the tasks required by NTIA to ensure a smooth transition. The question of whether or not the IANA transition will happen has been answered via a letter from Assistant Secretary Lawrence Strick...
There have been various reports in past couple of days claiming that viewing a torrent site or even a blocked site could land you into jail for up to 3 years! Subsequent reports have attempted to clarify that no one is going to jail for simply visiting a blocked website. This post traces the reasons...
Cross credits for aircraft lease taxes under the GST system will be a great boost for the local service industry. However, the Government will need to carefully consider the inflationary impact of keeping aircraft fuels outside GST. With increasing liberalisation and focus on infrastructure developm...
The proposed changes to the Maternity Benefit Act does a lot to bring India on par with international standards. However, some of the changes proposed could significantly increase costs for employers. The Maternity Benefit (Amendment) Bill, 2016 (the Amendment ) was recently passed by the Rajya Sabh...
Earlier this year, the Supreme Court of India dismissed a public interest litigation petition calling for the ban of messenger apps like Whatsapp, Telegram etc for their adoption of end-to-end encryption. In the months since, service providers and companies across the world are increasingly choosing...
by sflc_admin | August 17, 2016 The journey of the Aadhaar scheme can be traced back from its inception in 2006, following which it has undergone scrutiny by way of two Bills that aimed to provide it statutory backing, one Parliamentary S tanding C ommittee evaluation, and multiple challenges in the...
Earlier today, a Bill to raise maternity benefits was introduced and passed in Rajya Sabha. The Bill amends the Maternity Benefit Act, 1961. The Act regulates the employment of women during the period of child birth, and provides maternity benefits. The Act applies to factory, mines, plantations, sh...
The Bombay High court recently passed a John Doe order laying down a set of safeguards to minimise over-blocking. The Delhi High Court on the other hand ordered blocking of 73 websites for showing “substantial” pirated content. This blog post traces the history of John Doe orders in India, their imp...
The Ministry of Corporate Affairs (“ MCA ”) has recently amended the Companies (Incorporation) Rules, 2014 (“ Incorporation Rules, 2014 ”) by way of Companies (Incorporation) Third Amendment Rules, 2016 (“ Amended Incorporation Rules, 2016” ), inter alia substituting existing Rule 3(2) of the Incorp...
“Our houses are such unwieldy property that we are often imprisoned rather than housed in them.” - Henry David Thoreau, Walden The present article seeks to discuss the problems faced by landowners, who enter into agreements mostly called “Collaboration Agreements”, with builders, whereby in lieu of ...
The Union Cabinet approved the Model Shops and Establishment (Regulation of Employment and Conditions of Service) Bill, 2016 on June 29, 2016. [1] The bill is a welfare legislation aimed at bringing uniformity in regulation of employment and conditions of service throughout the country. As this subj...
By Kritika Bharadwaj The Central Government notified certain sections of the Aadhaar(Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016(‘the Act’)last month. As of now, only the sections setting out the establishment, powers and functions of the Unique Identificatio...
In a historic breakthrough, the Constitution (One Hundred and Twenty Second Amendment) Bill, 2014 (‘GST Bill’) has been passed unanimously by the Rajya Sabha of the Parliament. This is a significant step and takes the country closer to Goods and Services Tax (GST). The GST Bill was introduced in the...
The Bar Council of India (“ BCI ”), in a press release on Saturday, has said that it will file an application in the Supreme Court seeking modification of the order which allowed fresh law graduates to become judicial officers. It said that the BCI and the State Bar Councils are “strongly in favour”...
Thirty years ago, nobody could have accurately predicted the job market of today. The intervening technological progress must be blamed or credited for it. However, we seem to be able today to satisfactorily predict the job market we will have thirty years hence – plenty of machines and Artificial I...
Writing a great legal article is truly amazing. Not only it will be published in a good, well-known website or blog, thereby increasing your brand value and visibility, but also be read by many people who are in need of that information. It may help litigants, researchers, other lawyers or a reporte...
The distinguished Prof. Shamnad Basheer recently launched an online petition in the form of a poem to make a fervent appeal to the invisible CLAT powers to make the critical shift to a permanent, centralized CLAT body that will conduct the CLAT examination every year. However, every effort till now ...
CLAT 2015 will go down in the history of national competitive exams in India as the most ludicrous and incompetent examination that openly insulted the intelligence of thousands of candidates and played with their careers with an unbelievably sick mentality. The entire CLAT 2015 affair reflected an ...
Law and journalism are two fields which demand up-to-date knowledge in this proliferating world. Neither of them is stagnant and obsolete. As a first year law student,I used to think that legal profession only meant to argue in courts. It was later that it dawned upon me that legal field has no peri...
Why This Ko-Law-Very ?? The moment you enter an elite Law school campus,you will be tired of answering this question to everyone, from your Orientation day to Farewell.One simple question -“Why law?” Few oversmart kids would try to impress the first class by saying “Because I couldn’t make it to IIT...
Introduction Law has been the most variegated stream ever since it was incorporated in the human society. When one thinks of a vocation in law the first image that strike its mind is a dexterous person, dressed in black and white, going through some gigantic books, running in and out the court, figh...
Photo by Gulshan Sachdeva, via here.
LIFE IS NOT SO FAIR AND LOVELY At the outskirts of the Metropolitan court, I begin my day with the sight of all street smart lawyers who are out for today’s hunt. The hunters instinct is still seen in them when their roving eyes are targeting their next catch cum client. Sipping the cutting chai and...
What happens when you spend 5 years of your law school having the time of your life. Like literally, time-of-your-life!!! [Time of your life- excludes any such activity that requires paying attention in classes, taking internships seriously, taking moots seriously and/or taking anyone/anything serio...
A lady (not a lawyer) Retired Justice Markandey Katju published a blog post today entitled “Lady Lawyers” . In typical Katju blogging fashion (whenever not causing a media storm about judicial corruption), it’s a trip down memory lane starting with his time as a lawyer in 1970 Allahabad. Katju is tr...
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Last year, European Union has ratified the ‘Right to Repair’ regulation. According to these regulations, the manufacturers of the household electronic appliances i.e. lighting, washing machines, dish washers, and refrigerators, will have to make it easier for the consumers to get them repaired. Thou...
by sflc_admin | October 9, 2017 According to the Cyber Laws and E-Security Group under Ministry of Electronics and Information Technology Group (MeitY), as many as 23,030 websites /URLs are currently blocked in India. This information was received as a reply to a Right to Information application fil...
by sflc_admin | October 4, 2017 We live in an era where human activity is producing unprecedented amounts of digital data. The popular saying these days is ‘data is the new oil’. The high value of this data along with the lack of awareness among people about rights has prompted corporations and gove...
by sflc_admin | September 27, 2017 The second Digital Citizen Summit was organised on September 21-22, 2017 by Digital Empowerment Foundation (DEF) and Friedrich Naumann Foundation for Freedom at India Habitat Centre, New Delhi. SFLC.in was an associate partner of the summit. The summit aimed at fin...
Notable technology and rights related litigations
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by sflc_admin | September 22, 2017 SFLC.in is organising a workshop on “Secure Communication ” in association with Sukhbir Singh, TOR Developer, on Saturday, September 23, 2017, from 11:00AM-:1:30 PM at the SFLC.in premises at K-9, Second Floor, Birbal Road, Jangpura Extension, New Delhi -110014 nea...
by sflc_admin | September 18, 2017 The ongoing Internet shutdown in Darjeeling, West Bengal completes 3 months today. This day, three months earlier, mobile Internet was shutdown in the city due to the ongoing agitation for a separate Gorkhaland. Two days later, on 20th June, the orders were extende...
Written by the Civil Liberties team at CCG A 9 judge bench of the Supreme Court of India passed a landmark judgment last week, which unanimously recognized the right to privacy as a fundamental right under the Constitution of India. The Court found the right to privacy to be a part of the freedoms g...
Today, the Supreme Court heard the ongoing matter of Sabu Mathew George vs. Union of India . In 2008, a petition was filed to ban advertisements endorsing sex-selective abortions from search engine results. Advertisements endorsing sex selective abortions are illegal under Section 22 of the PNDT Act...
by sflc_admin | September 4, 2017 On Sep 2, 2017, SFLC.in organized a discussion titled “Celebrating the Right To Be Let Alone” to commemorate the recent recognition of right to privacy as a fundamental right, discuss the privacy judgment, its key takeaways, the impact it will have on pending Aadhaa...
The sub-committee of Insolvency Law Committee (ILC) of the Ministry of Corporate Affairs, Government of India (MCA) in its report dated October 31, 2020 has proposed the framework for the pre-pack and prearranged insolvency resolution process which the Government may adopt with / without modificatio...
Analysis of the Condonation of Delay Scheme, 2018 of the Ministry of Corporate Affairs The Scheme is by way of a General Circular No.16/2017 dated 29 December 2017. It is in exercises of powers u/Ss. 403, 459 and 460 of the Companies Act, 2013. Who can avail the scheme? A company registered under th...
Diwali is one of the most anticipated and celebrated festivals in India. It is also a festival of giving gifts, which is often a challenge for compliance professionals who struggle with policies and nuances of law around this time, on giving gifts that might seem like bribes. Under the Prevention of...
The RBI has amended the Master Directions on Financial Services provided by Banks. This is a significant move permitting Banks to invest in Category II Alternative Investment Funds. As of June 30, 2017, Alternative Investment Funds ( AIFs ) had raised the cumulative figure of Rs. 48, 129 crores, aga...
Image credit: Scroll.in, September 26, 2017 Sociologists know that the formation and survival of civilization is conditional upon the universal adherence to a framework of acceptable norms and guidelines of human conduct and interaction. Moses therefore set out as God’s message, the directive to lov...
Financial investors in India are scared of regulatory uncertainties. Not that uncertainties are exclusive to our country but it’s a critical risk factor that is assessed by those making substantial investments. Historically, one of the most important regulatory concerns for such investors is related...
India has long recognised the right of foreign creditors to participate in the winding up of Indian companies. As early as 1961, the Supreme Court of India, in Rajah of Vizianagaram (AIR 1962 SC 500) , clarified that foreign creditors have the same right as Indian creditors in winding up proceedings...
Photo credit: Indian Express, August 23, 2017 Through its historic ruling delivered by a five-judge bench in the case of Shayara Bano and Ors v. Union of India on August 22nd 2017, the Supreme Court of India ( SC ) liberated Muslim women from the perpetual fear of arbitrary and whimsical divorce. Th...
The ability to attract large scale Foreign Direct Investment ( FDI ) into India has been a key driver for policy making by the Government. Prime Minister Modi seems to be going along the right track, with India receiving FDI inflows worth USD 60.1 billion in 2016-17, which was an all-time high. Henc...
On August 31st 2017, the Supreme Court of India in the case of Innoventive Industries Limited v. ICICI Bank Limited* delivered its first extensive ruling on the operation and functioning of the Insolvency and Bankruptcy Code, 2016 ( Insolvency Code ). The Court said that it is pronouncing its detail...