Why the proposed environmental rules might incentivise illegal activity
The draft EIA notification is likely to incentivise the practice of setting up industries without any regard for environmental concerns — knowing that any violation is highly likely to be condoned in due course
Why consumers must start demanding greater data privacy
The consent-based model of data collection is a charade. Regulation must evolve to put limits on what companies can do with your personal data
Legal Matters | Why are there so few women justices in India? Our male-dominated collegiums could hold the answer
Justice R Bhanumathi — only the second woman ever in the Supreme Court collegium — retires without a single appointment having been made during her tenure.
Distress Profiteering | State must not misuse its unfair advantage
The competition law does not apply to the exercise of sovereign functions by the government. However, if it did, many of State's actions during the pandemic would have come under severe censure
Legal Matters | Decriminalise economic offences, but with uniformity
The recent proposal to remove jail-term for certain economic offences contains inherent contradictions
Is SEBI toothless when it comes to insider trading cases?
Cracking down on insider trading is such an uphill task that SEBI almost always comes short. The number of insider trading convictions that have stood up to scrutiny before the Appellate Tribunal is negligible
Legal Matters | Why knee-jerk legislation continues to inflict misery
Politicians and bureaucrats never suffer the consequences of ill-thought and shoddily-drafted laws. So they continue unabated
Sedition Cases | When the process becomes the punishment
Sedition trials are statistically doomed to end in acquittals. Then why does the State doggedly pursue these cases?
Labour Laws | States could turn to the four codes set by the Centre
While reforms were much needed, some of the hastily drawn changes will do more harm than good
Policy | Why PM CARES and other relief funds must be audited by CAG
The PM-CARES fund, just like the PMNRF and many CM relief funds, is opaque in its functioning, even as it collects donations using State apparatus
COVID-19 | How the State must deal with citizen’s personal data
The same privacy concerns in the Kerala government’s Sprinklr deal exist with the Union government’s Aarogya Setu app too. Anonymising data or even obtaining ‘informed consent’ hardly addresses these
COVID-19 | Courts making small steps towards accepting technology, but don’t expect a leap
A shift to online dispute resolution — hearings from remote locations, exclusively online filings — are likely to be discarded the moment the COVID-19 crisis passes
Legal Matters | Why does the police enjoy immunity against misconduct?
Fifteen years later, States have still not complied with the Supreme Court directions on police reforms. Consequently, accountability is a concept that is almost alien to law enforcement in India.
Legal Matters | Democracy in the dock
Our plight is that we have made a mockery of our democracy that such a large number of candidates with criminal backgrounds can compete for our votes effectively.
Legal Matters | Why SC judgment on NGO funding is a half-hearted assertion of rights
The Supreme Court did not weigh on the right to receive foreign funding, but merely held that an organisation that is politically connected cannot be arbitrarily designated as a political organisation
Legal Matters | Courts must be vigilant against encroachments on our rights
The Andhra Pradesh government’s Panchayat Raj (Amendment) Ordinance, 2020, is a blatant attempt by the State to usurp powers that ought to be with a neutral and independent body — the election commission.
Cyrptocurrency | SC order does not clear the road ahead for virtual currencies
This Supreme Court judgment is a hyper-technical analysis of the RBI’s powers to regulate a pseudo-currency. The judgment does not legalise cryptocurrencies — that will be decided by Parliament.
Legal Matters | It’s an irony when death penalty saves lives
Many murder convicts, are left rotting in jail for life because unlike in death penalty cases, life sentences hardly evince judicial interest.
Legal Matters | The takeaways from SC’s order on Internet shutdowns
The SC judgment on Kashmir lockdown has much to cheer for all Indians, but for the people of Kashmir, on behalf of whom the cases were fought, it offers scarce respite.
Is 2020 going to be a litmus test for Supreme Court?
There are many issues on the table. The mounting case backlog is one of them
Policy | The good and bad of the Data Protection Bill
There can be simply no scenario in which allowing the government to intercept, access, and process personal data without strict safeguards can be good for a democracy.
Society | The answer to barbaric crimes is not more barbarism
The public clamour for extra-judicial killings, as happened in Hyderabad, is not only dangerous, but is also taking us back as a society by centuries, and towards philosophies such as that of the Islamic State, which we derisively look down upon.
Legal Matters | SC’s Sabarimala review makes a bad judgment worse
The cases clubbed with the Sabarimala case for consideration by a larger bench of the Supreme Court are so distinctly different that it is unlikely that an authoritative pronouncement will come out of considering each of them in combination.
Ayodhya verdict: It was the assertion of beliefs that clinched the title
Was the defect in the Muslims’ claim that they didn’t cantankerously protest the Hindus’ practice of praying in the outer courtyard for a century?
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