Mareva

MAREVA INJUNCTION: A Nuclear Weapon in aid of Arbitration?

Mareva Injunction, one of the most severe reliefs, is an interlocutory order which is sought by the claimant during the pendency of the proceedings or even after the judgement or award is obtained to ensure its smooth execution. Usually sought when high stakes of money is involved or in the event of fraud. If granted, this injunction prevents the defendant from dissipating his assets until the judgement/award can be obtained or enforced. Continue reading MAREVA INJUNCTION: A Nuclear Weapon in aid of Arbitration?

Healthcare workers, burial, COVID-19, coronavirus, dead bodies, disposal

THE RIGHT TO DIE WITH DIGNITY DURING THE COVID-19 PANDEMIC

India has enlisted itself as one of the worst-hit countries by the coronavirus. With an exponential increase in COVID-19 deaths and an increased mismanagement of the dead bodies, it becomes pertinent to discuss the rights of the corpse. This article aims to elucidate the right to die with dignity as recognized by various courts of India. It progresses to discuss the issue of mass fatalities during COVID-19, its cognizance by Indian courts and guidelines for management issued by national and international bodies. The article concludes with a few suggestions to improve the prevailing situation and the need to dispose of bodies with due dignity as a welfare state. Continue reading THE RIGHT TO DIE WITH DIGNITY DURING THE COVID-19 PANDEMIC

PRE-PRINTED FORMS: A TOOL TO CIRCUMVENT INFORMED CONSENT

PRE-PRINTED FORMS: A TOOL TO CIRCUMVENT INFORMED CONSENT

Taking informed consent of a patient for a treatment is a quintessential obligation of any doctor or hospital or any medical fraternity. Pre-printed forms have long been used for the same purpose. These forms are used as a means to avoid the duty of informing the patient by which it becomes invalid consent. Recently, the NCDRC ruled against these practices terming them as ‘unfair practice’.This article analyzes the implication of this judgement and the way forward so that these consent forms are valid and patient-specific. Continue reading PRE-PRINTED FORMS: A TOOL TO CIRCUMVENT INFORMED CONSENT

crime

COVID-19: SHIFTING TRENDS IN CRIME RATES VIS-À-VIS UNEMPLOYMENT AND POVERTY

by Anushka Rungta and Utsav Saxena Introduction The world has come to a grinding halt in its war with the unseen enemy. After more than four months of lockdowns, the Government of India started taking measures to reopen the economy by introducing relaxations in some states. During these unstable times, the crime rates in the country are experiencing a haphazard graph. With the invocation of … Continue reading COVID-19: SHIFTING TRENDS IN CRIME RATES VIS-À-VIS UNEMPLOYMENT AND POVERTY

THE LOCKDOWN DOMINO EFFECT: Resurgent Domestic Abuse and the Search for an Antidote.

-by Ayushi Shukla & Sushmit Mandal Humans have been devastated by a novel coronavirus, and our way of life inexplicably shattered by a microscopic infectious agent considered to be “at the edge of life”. More than one-third of our population is now confined indoors to curb the high transmission rates. Home, usually a safe sanctuary, is also a place where abusers can warp the dynamics … Continue reading THE LOCKDOWN DOMINO EFFECT: Resurgent Domestic Abuse and the Search for an Antidote.

Public View

THE TALE OF ‘PUBLIC VIEW’ AND THE ATROCITIES ACT: A Dalit Critique of Section 3(i)(x)

Why is the uttering of casteist slurs on a mobile call not an atrocity? Why is there a need for ‘independent’ witnesses under Sec. 3(i)(x) of the Atrocities Act?
Caste is that butterfly whose flapping wings have an effect on all kinds of interactions of an individual. With its inhumane, however, very much prevalent functioning, the caste system has been the dark past of Indian history and continues to be the harsh reality of the modern, contemporary, and constitutionally democratic society of India. So much so that it is not rare for laws, rules and regulations to be caste-blind and blatantly insensitive to the Bahujan community in general. One such example of this massive loophole is the requirement of independent witnesses under Section 3(i)(x) of the Atrocities Act. Over the course of this article, the author has analyzed a recent judgement in the case of Pradeep Kumar v. the State of Haryana from a Dalit legal perspective. The article showcases the latent upper-caste bias in the subject provision. Continue reading THE TALE OF ‘PUBLIC VIEW’ AND THE ATROCITIES ACT: A Dalit Critique of Section 3(i)(x)