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Abraham C Mathews

Contributor

Why the proposed environmental rules might incentivise illegal activity

ENVIRONMENT

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

BUSINESS

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

BUSINESS

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

POLITICS

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

INDIA

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?

INDIA

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

POLITICS

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

POLITICS

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

POLITICS

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

POLITICS

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

TECHNOLOGY

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

INDIA

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?

POLITICS

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

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

POLITICS

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

INDIA

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

BUSINESS

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

POLITICS

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

POLITICS

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?

POLITICS

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

TECHNOLOGY

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

INDIA

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

INDIA

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

POLITICS

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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