Categories
Comparative Laws Competition Law Policy

Envisioning an ESG-Friendly Competition Regime: Drawing Lessons From the Netherlands Guidelines

Suyash Pandey The Authority for Consumers and Markets (ACM) in the Netherlands adopted the final policy on sustainability agreements– agreements between corporations that promote the development of the economy, the environment, society, and human rights. These agreements, inter alia, aim at lowering pollution, restricting the use of natural resources, protecting human rights, and assuring animal […]

Categories
Policy Technology

Right to cognitive liberty in a Transhumanism Era: A Case for Integration within Indian Legal Framework

Existing and upcoming neuro-technologies have grown enough to manipulate the human nervous system which can either empower or even oppress the ability of self-determination. In the absence of a right to cognitive liberty, this impact shall be detrimental to several rights of the people. This article, therefore, aims to analyze the impact, legal insufficiency, and possible scope for inclusion in the Indian legal system.

Categories
Environment Policy

Justice or Economy? A Cost Benefit Analysis of the CUTS Report on Economic Impact of Judicial Decisions

In this article, the author critiques the CUTS report on Economic Impact of Judicial Decisions through a cost-benefit analysis. The author argues that the report has a flawed methodology, its recommendations do not pass muster on weighing the costs and benefits and the separation of powers doctrine is being violated. The core contention of the author is that the report favours ease of doing business over adherence to environmental regulations and its recommendations are myopic when a balancing of costs and benefits is done.

Categories
Policy Technology

PROTECTION OF USER HEALTHCARE DATA IN INDIA VIS-À-VIS THE DISHA BILL: SUBSTANTIVE TAKEAWAYS FROM GDPR

Vanshika Arora Introduction The regulation, protection, disclosure, and transfer of personal data in India, is not governed by a robust, broad-gauge, and comprehensive law. The recently retracted Personal Data Protection Bill, 2019, was expected to change the law of the land in this respect; however, what awaits the Data Protection policy of India is a […]

Categories
Constitutional Law Policy

Analysing Online Fantasy Sports Gaming in India

Sarthak Bhardwaj On 18th September, 2020, Paytm was temporarily removed from Google Playstore. Google alleged that Paytm flouted its gambling policies. In an official blog post, Suzanne Frey, Vice President, Android Security and Privacy, wrote, how they “don’t allow online casinos or support any unregulated gambling apps that facilitate sports betting.” This incident brings into […]

Categories
Policy

The Need for Behavioural Economics in Indian Policy

Ritwik Tyagi The behavioural aspect of economics has emerged into a full-fledged field of research and sustained study only in recent times. The rise of social media and e-commerce websites like Amazon and Flipkart kicked up a virtual storm and triggered the rise of personalised shopping, where each customer’s account is tailored in a manner […]

Categories
Policy

Virtual Courts: A Reality

Manan Daga & Siddharth Pankaj Tiwari India is going through  testing times due to the COVID-19 pandemic, and almost every industry, institution and sector has been adversely affected. However, the employment of videoconferencing in court proceedings is proving to be a boon for the Indian judiciary. The Supreme Court was able to hear over 15000 cases […]

Categories
Policy

A Compelling Need to Protect Traditional Knowledge: A Game Theory Justification

Sakshi Jain & Adithya K S Introduction Traditional Knowledge (TK) means a unified collection of knowledge that has evolved and come into existence and has been preserved over the ages by the sustained effort of indigenous, local, or native communities passed on through generations, to such an extent. This sphere of knowledge becomes an undeniable […]

Categories
Coronavirus Policy

Circumvention of Right to Work by the Bar Council of India Rules in the Light of the COVID-19 Disaster

Abhiraam Shukla Introduction In a recent judgment, the Supreme Court reiterated that members of the Bar cannot earn their livelihood by any other means. The judgment was delivered during the suo moto proceedings in a case concerning financial difficulties being faced by lawyers, who are at a loss of work, amid the COVID-19 pandemic[1]. Time […]

Categories
Policy

India’s Data Protection Bill, 2019: Remedy to Privacy Plight or Beginning of Authoritarian State?

Siddhant Dubey & Umang Sethi In 2017, the Supreme Court of India in the matter of Justice K. S. Puttaswamy vs Union of India declared privacy as a fundamental right and endorsed the need for a robust legal framework in India concerning data protection.  Further, in 2018, the European Union enacted the General Data Protection […]