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Abraham C Mathews

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Supertech Twin Tower Demolition Case | Justice, but delayed

BUSINESS

Supertech Twin Tower Demolition Case | Justice, but delayed

While the Supreme Court did everything right (ordering an illegal construction to be demolished, and protecting the interest of the homebuyers throughout), the inordinate delay in hearing the case has made much of it meaningless

Legal Matters | Why sexual offence judgments result in controversy so often

BUSINESS

Legal Matters | Why sexual offence judgments result in controversy so often

Insensitivity in court orders in sexual offence cases is not for want of adequate guidance or rules. A society that is inherently patriarchal should not expect its judges to be suddenly egalitarian

Tough advertising guidelines good, but sensible approach needed

POLITICS

Tough advertising guidelines good, but sensible approach needed

With the degree of subjectivity involved, infringements are bound to occur. Hence, penalties should be confined to repeated infringements or continuing violations

Opinion | There is need for more judicial restraint in India

INDIA

Opinion | There is need for more judicial restraint in India

The Supreme Court is chipping away at its own legacy with arbitrary orders that take away fundamental rights of individuals, without due process.

Data And Elections | Linking voter ID with Aadhaar is dangerous, and pointless

INDIA

Data And Elections | Linking voter ID with Aadhaar is dangerous, and pointless

Data will be accessible to people who have no business to—but, a greater harm is that what politicians and parties can do with analysing your data.

Marital Rape | How Delhi High Court maintained status quo

BUSINESS

Marital Rape | How Delhi High Court maintained status quo

Everybody — the judges, even the lawyer for the Mens Welfare Trust — agreed that sexual offences against women, even by their husbands, ought to be an offence 

Sedition law was being abused; its shelving is a welcome step

BUSINESS

Sedition law was being abused; its shelving is a welcome step

The crime of sedition has, thankfully, been put in cold storage. Embarrassing as it was for India’s reputation, no government wanted to give up the power to threaten their critics with the charge of sedition.

Legal Matters | New tax rules for charities will have them living in a state of perpetual trauma

BUSINESS

Legal Matters | New tax rules for charities will have them living in a state of perpetual trauma

There is merit in the argument that NGOs need to be reined in. However, these new rules lead to over-regulation of the non-profit sector and give arbitrary powers to the government 

Legal Matters | Supreme Court judgment adds to the woes of foreign-funded NGOs

BUSINESS

Legal Matters | Supreme Court judgment adds to the woes of foreign-funded NGOs

The Supreme Court judgment underlines the government’s powers to put in place a regulatory mechanism to ensure that the nation’s interests are protected. But those powers were never under question 

Haryana | Quota law in private jobs is a quick fix that will backfire

BUSINESS

Haryana | Quota law in private jobs is a quick fix that will backfire

Introducing distortions into the labour market can only be counter-productive. Creating fully- or partially-protected economies will only take us back economically 

ICAI has only itself to blame for the government encroaching on its powers

BUSINESS

ICAI has only itself to blame for the government encroaching on its powers

There is widespread discontent within the chartered accountant community with the way ICAI conducts examinations, elections to its governing bodies that have become extravagant spending spectacles, and mismanagement, in general 

Cryptocurrency Bill | Are we asking the right questions?

BUSINESS

Cryptocurrency Bill | Are we asking the right questions?

The debate around cryptocurrency regulation should focus on identifying and addressing the harms they pose, rather than blanket bans, which are anyway impossible to monitor 

Legal Matters | Ban on activities deemed undesirable is lazy legislation. Governments must do better

BUSINESS

Legal Matters | Ban on activities deemed undesirable is lazy legislation. Governments must do better

Banning, as has been seen repeatedly in the past, will only take an activity underground — often leaving victims unprotected 

Dubious legality casts a shadow over CBI

BUSINESS

Dubious legality casts a shadow over CBI

The Madras High Court has thrown the gauntlet on bringing about independence at the CBI. Will meaningful change happen? 

Tesla, El Salvador and CBDCs: Has Bitcoin’s moment of truth come?

BUSINESS

Tesla, El Salvador and CBDCs: Has Bitcoin’s moment of truth come?

Tesla’s refusal to accept Bitcoin could not have come at a worse time. The cryptocurrency is beleaguered on multiple fronts, with fresh questions over its long term viability 

Lakshadweep Crisis | Residents in Union Territories must enjoy the same rights as those in full-fledged states

BUSINESS

Lakshadweep Crisis | Residents in Union Territories must enjoy the same rights as those in full-fledged states

The fact is the ‘reforms’ carried out in Lakshadweep would not have happened in Tamil Nadu or Rajasthan or Assam — simply because an elected government needs to return to its constituents every five years 

Cairn Energy Case | India needs to have a better strategy in place

BUSINESS

Cairn Energy Case | India needs to have a better strategy in place

As a country with significant economic attractiveness, India still is in a position to negotiate better terms for fulfilling the terms of the award — including taking up Cairn’s offer to reinvest the amount back in India

Legal Matters | Outrage over CJI’s remarks is uncalled for

POLITICS

Legal Matters | Outrage over CJI’s remarks is uncalled for

The unfortunate controversy about the Chief Justice of India’s comments on marrying rape-victims show us the pitfalls of instant-outrage which often is ignorant of context

New IT Rules | Treat the sickness, leave the healthy alone

BUSINESS

New IT Rules | Treat the sickness, leave the healthy alone

A democratically-elected government should have powers and responsibility to protect its citizens online. However, the new IT rules seem to be designed to control the Internet 

Bitcoin: Beyond the bubble

BUSINESS

Bitcoin: Beyond the bubble

Missed the latest Bitcoin rally? A look at the data suggests that regret is misplaced

Legal Matters | Is Supreme Court trespassing beyond its remit?

BUSINESS

Legal Matters | Is Supreme Court trespassing beyond its remit?

The Supreme Court has a well-defined role under the Indian Constitution. Its excursions beyond those boundaries have far-reaching, and counter-productive, consequences

Justice is in need of reassurance

BUSINESS

Justice is in need of reassurance

India’s reputation as a justice system to be emulated is taking a hit. The World Justice Project’s Rule of Law index 2020 ranked India at 69 — wedged between Belarus and Burkina Faso, both practically dictatorships

Legal Matters | A law to set communities against one another

POLITICS

Legal Matters | A law to set communities against one another

While Uttar Pradesh’s new anti-conversion law is aimed at checking religious conversions, it will also ensure that religious communities are perennially suspicious of each other, and act even more exclusionary

Legal Matters | Article 32 has outlived its original ideal

BUSINESS

Legal Matters | Article 32 has outlived its original ideal

Whatever be the merits of the Supreme Court’s ruling, a system where judges can lay down law unfettered by independent judicial scrutiny, is antithetical to the rule of law

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