Categories
Competition Law

PROCEDURAL BATTLEGROUNDS FOR THE CCI: OBSTRUCTION, EPHEMERAL DATA, AND BYOD IN DAWN RAIDS

Abhishek Nidasanametla When the Knock Comes: What India’s Competition Regime Isn’t Ready For In recent years, competition authorities abroad have started to treat ‘obstruction’ during dawn raids (“raid”) as a standalone infringement. Very recently, in Finland, the Market Court upheld a fine of EUR 1.5 million against Attendo Suomi after an employee deleted WhatsApp messages and […]

Categories
Privacy Law Taxation Technology

Digital Trust as Public Infrastructure: Reconciling India’s Financial Inclusion and Tax Formalization Goals

Keshav Maheshwari Introduction: A Crisis of Confidence in a Cashless Revolution India’s Unified Payments Interface (UPI) stands as a monumental achievement in public digital infrastructure, a system that has dramatically lowered transaction costs and brought millions into the formal financial fold. However, a recent and unforeseen development threatens the very trust upon which this revolution […]

Categories
Constitutional Law

Dworkin’s Herculean Theory: Determining The Binding Force of Menstrual Leave Policy

Lauren Prem I. Introduction Menstrual leave policy in short (MLP), a contemporary discussion, has been viewed by many legal practitioners, to take the form of a right. Prominent advocates throughout the country have associated the policy to derive its enactment force from article 14 of the Constitution which encapsulates the essence of treating equals equally […]

Categories
Privacy Law Technology

AGE CHECKS OR PRIVACY WRECKS? DECODING RULE 10 OF DPDP DRAFT RULES, 2025

Kinjal Ahuja and Ashish Rawat “We cannot have a system, or even the appearance of system, where surveillance is secret, or where decisions are made about individuals by a Kafkaesque system of opaque and unreviewable decision-makers” – Reyna and Farley, 2006, p.43 Introduction India’s first dedicated data privacy law, the Digital Personal Data Protection Act, […]

Categories
Technology

Dark Patterns in Exit Architecture: Legal Implications of Manipulative Subscription Cancellation Flows

Meghna Jain Introduction The digital age has transformed our world, not just in terms of human connection but also accessibility. This fast-paced, consumer-driven environment has seen the rise of subscription models, free trials, and auto-pay services, often offered through mobile apps. While these services offer convenience, they also present opportunities for manipulative design practices, commonly […]

Categories
Insolvency Real Estate Law

Under Construction Forever? RERA and IBC in the Battle of Stalled Projects

Abhishek Kumar & Aditya Singh Raghuvanshi Introduction The burgeoning real estate sector in India, one of the most sought-after sectors for investment, has been a double-edged sword for homebuyers, with many enduring endless delays in receiving possession of their dream homes on account of failure by the real estate developers to promptly complete the project […]

Categories
Criminal

Retrospective Application of Section 479 BNSS: A Crucial Step Forward in Alleviating Prison Overcrowding or Two Steps Back?

Debangana Nag and Sudha Ganesh Introduction The key purpose of a prison is to reform and rehabilitate the prisoners and make them responsible citizens of a nation. However, the reality on the ground emphasises that what is practised in our prisons is the theory of retribution and deterrence. The adverse conditions during long periods of […]

Categories
Criminal

Rethinking Witness Compensation: A Two-Pronged Approach to Reforming India’s Legal System

Aaditi Anand Sinha Introduction While discourse on Witness Protection Scheme has seen another development, with Assam drafting its own Scheme under Bharatiya Nagarik Suraksha Sanhita 2023 [“BNSS”], there is hardly any discussion on an equally important aspect–compensation provided to the witnesses for their statements although courts have reiterated its importance time and again. Mere safety […]

Categories
Constitutional Law

Citizenship Rights and the ‘CAA’ Controversy: A Jurisprudential Analysis

Rhea L Vinay Introduction ‘Citizenship,’ in India, has been awarded through Part II of the Indian Constitution and the Citizenship Act of 1955. While not ingrained as fundamental right under Part III of the Constitution, it has been recognized as a legal right/ claim conferred upon individuals that are deemed citizens of the country. It […]

Categories
Labour

Reforming Labour: Unveiling the Impact of India’s New Labour Codes on Indian Social Landscape

Yash Sharan and Abhishek Nande Introduction In July 2024, the Centre began efforts to implement the Labour Codes amidst the protests. The conundrum stems from the testing times of the COVID-19 pandemic when the trade unions of the nation wrote to the International Labour Organisation (“ILO”) regarding the government’s policy of suspension of the then-existing […]