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14 Blogs found.
  • Sep 10, 2019
    The series of history and present of Ayodhya dispute has successfully traveled several stages. A series of 3 blogs in which we have tried to jot down the basic agendas of the dispute is written in a simple way to reach the people.  In the first blog, the ancient history of the dispute was discussed thoroughly.  In this middle part of the series, we’ve tried to cover all the events which occurred during the period, right from the start till today, chronologically.In the last one, we’ve written down the current status of the Ayodhya Dispute case and the sentences being said by the officials in the respective discussions.   On 6th September 2019, the SC alluded a plea that seeks the live streaming/recording of the day-to-day hearings happening in the Ram Janmabhoomi-Babri Masjid - Ayodhya Dispute case before the bench led by Ranjan Gogoi, the Chief Justice of India (CJI). The plea is filed by the former BJP leader and RSS ideologue KN Govindacharya. As per the plea, if nothing can be done to this regard at least the apex court should prepare the transcripts of the proceedings for the record and later would be released online. With everything going around, Justices R.F. Nariman and Surya Kant referred the plea to a bench. In his plea, Govindacharya cited the SC September 2018 ruling that court proceedings in the country can be live-streamed. The Ayodhya land dispute case is currently being heard by a five-judge constitution bench headed by the Chief Justice. "This case is a matter of national importance. There are crores of people, including the petitioner, who want to witness proceedings before this court, but cannot do the same due to the present norms in the Supreme Court", Govindacharya mentioned in his petition. The petitioner has said that "This matter has been pending in the Supreme Court for the last nine years, and the public at large is interested in knowing the reasons behind the delay in deciding the cases.” On which Govindacharya gave his opinion that as we are a digital superpower, we as a nation have the means to arrange for live streaming for a case like the Ayodhya Dispute and hearing can be broadcast for all of us!    The status of the Ayodhya Dispute still remains in the dark. And with the increasing delay, the anxieties are growing deeper!
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  • Sep 09, 2019
    The series of history and present of Ayodhya dispute has several stages to be noted. A series of 3 blogs in which we have tried to jot down the basic agendas of the dispute is written in a simple way to reach the people.  In the first blog, the ancient history of the dispute was discussed thoroughly.  In this middle part of the series, we’ve tried to cover all the events which occurred during the period, right from the start till today, chronologically.    1528: Mughal emperor Babur constructed a mosque and named it as Babri Masjid. December 23, 1949: Lord Ram's idols were planted inside the central dome of the mosque which instigated the court cases from both the parties and hence the land was sealed. December 17, 1959: The Nirmohi Akhara filed a suit seeking possession of the site and claimed to be the sole custodian of the disputed land. December 18, 1961: The Sunni Central Board of Waqf filed a suit claiming ownership of the site from their side of the case. 1984: Vishwa Hindu Parishad (VHP) launched a campaign for the construction of the Ram temple at the Janmabhoomi land. February 1, 1986: Faizabad district court ordered the gates of the mosque to be opened and allowed the Hindus to worship inside. Muslims then protested their move and formed a Babri Mosque Action Committee together. November 9, 1989: VHP laid the foundation of a Ram temple on land next to the Babri Masjid by the followed permission granted from then government of Rajiv Gandhi.  September 25, 1990: Then BJP President L K Advani launched his Rath Yatra from Somnath to Ayodhya for which he was arrested in Bihar’s Samastipur later in November. December 6, 1992: The disputed Babri Mosque was raised to the ground by the karsevaks. April 2002: a three-judge Bench of the high court began the hearing to determine the sole ownership of land. The HC ordered the Archaeological Survey of India (ASI) to excavate the site to determine if the temple was actually built there earlier or not. 2003: ASI found pieces of evidence for the presence of a temple under the mosque. Muslim organizations then disputed the findings. September 30, 2010: The HC ruled the disputed land and divided it into three parts: one-third to Ram Lalla Virajman, represented by the Akhil Bharatiya Hindu Mahasabha, one-third to the Sunni Waqf Board and the remaining to the Nirmohi Akhara. May 2011: The SC then stayed the orders and put an end to the earlier rules. March 2017: The SC levied charges against Advani and other leaders stating that it cannot be dropped in the demolition case and that the case may be revived again. March 21, 2017: The SC said that the matter was sensitive and suggested that it should be settled out in the court. May 30, 2017: Advani, Murli Manohar Joshi, Uma Bharti, Vinay Katiyar were charged with criminal conspiracy in the demolition case. Dec 5, 2017: The SC said it will hear the civil appeals filed by various parties challenging the 2010 Allahabad High Court verdict on February 8. September 2018: The SC rejected the plea for a review of the 1994 Farooqui judgment but then clarified that it would have no bearing on pending title suits. October 2018: The Supreme Court decided that the land dispute case will only be listed before an “appropriate Bench” in January 2019. In what is seen as a setback to the BJP leaders pressing for speedy disposal of the title suit, a Bench consisting of Chief Justice Gogoi and Justices S K Kaul and K M Joseph says, “the appropriate Bench will fix the schedule with regard to the hearing of appeals in the case”. January 4, 2019: The Supreme Court deferred the hearing a bunch of petitions in the Ayodhya title dispute case till January 10. “Further orders will be passed by an appropriate bench on January 10 for fixing the date of hearing the matter,” the Bench said. January 8, 2019: The Supreme Court set up a five-judge Constitution Bench to hear the land dispute case. January 10, 2019: A five-judge Constitution Bench of the Supreme Court heard the Ayodhya land title dispute case, set January 29 as the next date for hearing in the case. The timeline continues…
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  • Sep 07, 2019
    The series of history and present of Ayodhya dispute has several stages to be noted. A series of 3 blogs in which we have tried to jot down the basic agendas of the dispute is written in a simple way to reach the people.   The history of Ayodhya can be explained better when segregated into periods of time.   The first period is the Gupta period.  In 600 B.C. which was Buddha's time, now called Ayodhya was called Saketa. During this period of time, Kumaragupta or Skandagupta made it their capital city and named it as Ayodhya. Later Kalidasa wrote Raghuvamsa and referred it to Gopratara tirtha. According to Francis Buchanan and Alexander Cunningham, Ayodhya became desolated after Rama's ascent to heaven. Later, it was restored by Vikramaditya.  After this, Pravarasena II, the grandson of Chandragupta II, wrote Sethubandha and he built a temple of Rama at Pravarapura (Paunar near Ramtek) in about 450 A.D.   The second period is the Gahadavala period.  The capital of North India moved to Kannauj after the Guptas and Ayodhya fell into neglect. It was enlivened by the Gahadavalas when they came to power in the 11th century A.D.  Gahadavalas built many Vishnu temples in Ayodhya during their reign, out of which five were present until the Aurangzeb's era. Indologist Hans T. Bakker concludes by this information that there might have been a temple at the supposed birth spot of Rama built by the Gahadavalas.    The third period is the Mughal period. Right after the Gahadavalas period ended, a mosque was built at the supposed birth spot of Lord Rama. The mosque started a discussion stating that it was built in 1528 A.D. by Mir Baqi on the orders of Babur. According to an early 20th-century text by Maulvi Abdul Ghaffar, the young Babur came from Kabul to now Ayodhya in disguise as a Qalandar which is a Sufi ascetic. There he met the Sufi saints Shah Jalal and Sayyid Musa Ashiqanand who then took a pledge in return for their blessings for conquering Hindustan.  Lala Sita Ram of Ayodhya, who had access to the older edition in 1932 had written, "The faqirs answered that they would bless him if he promised to build a mosque after demolishing the Janmasthan temple. Babur accepted the faqirs' offer and returned to his homeland." It is coordinated in Abdullah's Tarikh-i Dawudi that Babur came in the guise of a Qalandar and met the Sultan Sikandar Lodhi in Delhi in the same disguise. And due to this, his name is scripted on the Babri mosque as Babur Qalandar.  On the other hand, Musa Ashiqan's grave is located just next to the Babri mosque and his shrine is made of the same type of black basalt columns used to make the Babri mosque, which indicates that his role in the destruction of the prior temple is valid. While we have had a mosque established to the effect that it was built on the orders of Babur in 1528, there are no other records of the mosque after this period. The Babarnama (Chronicles of Babur) does not mention either the mosque or the destruction of the temple.   At the end of the third period, the first recorded instances in the 1850s of religious violence in Ayodhya occurred over a mosque at Hanuman Garhi. The Babri mosque was attacked by Hindus successfully. An offshoot of the Hindu Mahasabha called Akhil Bharatiya Ramayana Mahasabha (ABRM) In 1946 started an agitation for the possession of the site. Later in 1949, Sant Digvijay Nath of Gorakhnath Math joined the ABRM and organized a nine-day continuous recitation of RamcharitManas which when ended, the Hindu activists broke into the mosque and placed idols of Rama and Sita inside it. On 22 December 1949, People were led to believe that the idols miraculously appeared inside the mosque.   After these events, the dispute was instigated!
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  • Aug 22, 2019
    The Patent law’s history started in India from 1911 right when the Indian Patents and Designs Act, 1911 was enacted. Presently the Patents Act which is implied (1970) came into force in the year 1972, amending and consolidating the existing law relating to Patents in India. The Patents Act, 1970 was once more amended by the Patents (Amendment) Act, 2005, wherein product patent was extended to all fields of technology including food, drugs, chemicals and micro-organisms. After the modification, the provisions concerning Exclusive marketing Rights (EMRs) have been repealed, and a provision for sanctionative grant of obligatory license has been introduced. The provisions relating to pre-grant and post-grant opposition have been also introduced within the act.An invention about a product or a method that's new, involving inventive step and capable of industrial application can be patented in India. However, it must not fall into the category of inventions that are non-patentable as provided under sections 3 and 4 of the (Indian) Patents Act, 1970. In India, a patent application will be filed, either alone or collectively, by true and initial creator or his party. To qualify for a patent, the invention must meet three basic factors. First, it must be novel. Second, the invention must be non-obvious. Finally, the proposed invention must be useful. Legal experts commonly interpret this to mean that no patent will be granted for inventions that can only be used for an illegal or immoral purpose.
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  • Aug 16, 2019
    The right to strike is not expressly recognized by the law in India. For the very first time, limited right to strike by legalizing certain activities was provided by the trade union Act of 1926. Recently the right to strike is recognized but only to a limited extent. The right to strike in the Indian constitution set up is not absolute right but it flows from the fundamental right to form a union. As every other fundamental right comes with a manual guide of DOs and DONTs, forming trade unions for giving a call to the workers and provoking to go on a strike can get the state to impose reasonable restrictions and actions accordingly. The Said Act defines the term "strike" as a refusal to work organized by a body of employees as a form of protest, typically in an attempt to gain a concession or concessions from their employer. Whenever employees want to go on strike they have to follow the procedure provided by the Act otherwise their strike is considered to be an illegal strike. Section 22(1) of the Industrial Dispute Act, 1947 gives certain prohibitions on the topic of the right to strike. The details state that employees of the service shall go on strike in breach of contract without giving a notice of at least six weeks to the employer or give the notice fourteen days prior. And Before the expiry date of strike, specified in any notice as aforesaid or during the pendency of any conciliation proceedings seven days. The right to strike in India is not a fundamental and absolute right in India in any special and common law, whether any undertaking is industry or not. This purely is a conditional right which is only available after certain pre-conditions are fulfilled by the employ, to the employer!  
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  • Aug 13, 2019
    An intergovernmental organization and international tribunal that is situated in The Hague, Netherlands is commonly known as ICC or ICCt which is The International Criminal Court. Jurisdiction has been given to the ICC for the prosecution of individuals for international crimes around the globe of war crimes, crimes against humanity, genocide, and crimes of aggression. When national courts are unwilling or at times unable to prosecute culprits or say when the UN Security Council along with the individual states refer situations to the Court it is intended to complement existing national judicial systems, a judgement cannot be passed but it may exercise its jurisdiction if certain conditions are met accordingly. 1 July 2002 ICC began its functioning. The Rome Statute is a multilateral treaty that serves as the ICC's foundational and governing document. The states and civil society have criticized the ICC and created a lot of problems which include objections about its accusations of bias, jurisdiction, questioning of the fairness of its case-selection and trial procedures, and doubts about its effectiveness.  The Organs of the Court play a very crucial role in the processes. The members of the Organs include: The Presidencycouncil Judicial Divisions Office of the Prosecutor Policy Paper Environmental crimes Registry The President is the most senior judge chosen by the peers in the Judicial Division, and the only person in the judiciary who hears cases before the Court. The Office of the Prosecutor is headed by the Prosecutor who investigates crimes and initiates proceedings before the Judicial Division. The Registry is headed by the Registrar and is charged with managing all the administrative functions of the ICC, including the headquarters, detention unit, and public defense office.   ICC is more likely to ensure that the horrendous international crimes, such as war crimes, genocide, crimes against humanity and aggression mustn’t go unpunished and the potential perpetrators will be dissuaded.
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  • Jul 29, 2019
    The blockchain technology is an immutable, anonymous, unhackable, and decentralized ledger. The technology has been in existence for nearly ten years. Blockchain technology is the underlying force behind bitcoin. It is decentralized so that the transactions are recorded across millions of computers and hard drives. Each block of data is linked to a previous block of data, or chained together hence it is named “Block-Chain.” The transaction is synchronized, and all nodes reflect the updated data as it occurs. Once a transaction is validated, the transaction or asset is theoretically immutable because it would be nearly impossible to change all records throughout the chain at the same time. Blockchain proponents hope that the technology will be able to create more sound, tamper-proof and legally unassailable agreements based on smart contract technology. While these won’t end the issue of torts, they should cut down significantly on the number of legal disputes clogging courts and raising lawyer fees for innocent parties. The technology could also reduce the cost of notary services, FOIA requests, and corporate filings, while streamlining and enhancing several other facets of the legal industry. Some of the ways in which blockchain will help are mentioned below: Availability of instant digitalized case laws. Data Protection Minefield Should Come To an End. Blockchain Records are legit and needs no further proofs to validate. Intellectual Property Protection and Micro-Transactions could become easy. Blockchain Law will emerge as a new specialty. Notaries Publication will come to an end. Disputing could end as there’ll be smart contracts. No lawyers will be required physically. House-buying would get easier. Those who are involved in the digital legal sector are ensured that they have a foot in the door with blockchain, so when other traditional openings close, they have a space to step in. The blockchain is the future of the legal industry. In fact every law firm should be looking at the resources and moving their own operations on to the blockchain. It will bring all the benefits of a streamlined operation with a more segregated manner with utmost security and transparency. Along with this blockchain legal specialists could just be the stars of the next generation.
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  • Jul 26, 2019
    Bullying/harassing using electronic devices or means is a form of Cyber bullying Or cyber harassment. It is also known as online bullying. It has become increasingly common, especially among people ranging from the age of eleven to nineteen (Teens). Cyber bullying happens when someone is bullied or harassed over the internet, specifically on social media. Internet trolling is a common form of bullying over the Internet in a tech savvy world like ours, in order to elicit a reaction, disruption, or for someone's own personal amusement. Cyber bullying involves repeated behavior with an intention to harm the victim. Cyber stalking is another form of online harassment in which the perpetrator uses electronic communications to stalk a victim. Cyber stalkers may send repeated messages intended to threaten or harass. It may encourage others to do the same, either explicitly or by impersonating their victim and asking others to contact them. Research suggests that there are also interactions online that results in peer pressure , which can have a negative, positive, or neutral impact on those involved.  Five different types of cyber bullying are jotted down below: Harassment: It involves the bully sending offensive and malicious messages to an individual or a group and is repeated multiple times. Cyber stalking is one form of harassment that involves continual threatening which can lead to physical harassment in the real world. Flaming: Flaming is similar to harassment, but it refers to an online fight exchanged via emails, instant messaging or chat rooms. It is a type of public bullying that often directs harsh languages, or images to a specific person. Exclusion: Exclusion is the act of intentionally singling out and leaving a person out from an online group such as chats and sites. The group then subsequently leaves malicious comments and harasses the one they singled out. Outing: Outing is when a bully shares personal and private information, pictures, or videos of someone else, publicly. A person is outed when his information is disseminated throughout the internet. Masquerading: Masquerading is a situation where a bully creates a fake identity to harass someone anonymously. In addition to this, the bully impersonates someone else too, to send malicious messages to the victim. A person who suffers through cyber bullying can be often seen habitual to one of these symptoms: Sadness and loneliness clutch the mind. Sleep and eating patterns drastically change. Lack of interest in day-to-day activities. Health complaints become more favorable. Teens who are bullied are more likely to struggle personally and at school/universities. Teens may: Skip or even drop out of school. Receive poor grades in the academics. Have deteriorated Self-esteem. Take help of alcohol and drugs to reduce the stress. Depression can develop and play with budding minds. Cyber bullying can be attempted in several ways. Some of the threats are: Sending mean/threatening texts or IMs to the victim. Prank calling someone. Hacking into someone’s gaming or social networking profile.. Being rude or mean to someone in an online game. Spreading secrets or rumors about people online.  Pretending to be someone else to spread hurtful messages online. Bullying can lead to thoughts of suicide, sometimes persisting into adulthood. In one study, adults who were bullied as teens were three times more likely to have suicidal thoughts or inclinations. Teens who are bullied may retaliate through violent measures. A number of organizations are in coalition to provide awareness, protection and recourse for these escalating problems.With an aim to inform and provide measures to avoid as well as effectively terminate cyber bullying and cyber harassment.Anti-bullying charity ,Act Against Bullying launched the Cyber Kind campaign in August 2009 to promote positive internet usage.Not only this but YouTube introduced the first Anti-Bullying Channel for teens called as Beat-bullying in 2007, using the assistance of celebrities to tackle the problems of victims. NGO/organizations are striving to make internet safer. Moreover, the cyber crime is fighting hard each day to prevent the happenings.   
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  • Jul 12, 2019
    Tearing The Relationships Apart : Separation   Legal separation very often judicial separation, separate maintenance or divorce from bed-and-board, is a legal process by which a married couple may formalize an existing separation while remaining legally married. A legal separation is dependent of a court order . In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting or child support if needed. Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections for getting the divorce. Legal separation does not directly lead to divorce . The couple might reconcile , in which they do not have to do anything in order to continue their marriage. If the two do not reconcile, and they wish to proceed with a divorce, they must file for divorce straightaway. Some states allow spouses to apply directly to the court for a legal separation. One can first file a written petition within the local court. The process then moves forward as a divorce case does. The couples will have to agree to all marriage- related issues. Once all the matters get a clear direction, the court will issue orders and declare the couple legally separated. The common form of separation is made when spouses decide to separate on their own, typically by living apart and separating their finances. They generally enter into a Property Settlement Agreement or Separation Agreement . This method is popular because of the fact that you don’t need court involvement to attain your goals. It’s a voluntary process and most couples resolve their differences through negotiations, often with the aid of attorneys and/or a qualified family law mediator. The choice between divorce and separation is a complicated decision. And always know that divorce laws may differ from state to state, and are always subjected to change within the period of time.
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  • Jun 20, 2019
    Trademark Law- Essential Ingredients of Trademark .   The Trademark Act, 1999 enlists two essential ingredients of a trademark. They are as under:   The Mark is Capable of Being Represented graphically– ‘Graphical representation’ has been defined under Section 2(1) (k) of Trademark Rules, 2007 as representation of a trademark for goods or services represented or capable of being represented in paper form and include representation in digitized form. Such graphical representation of a trademark also encompasses within its purview shape of goods, their packaging, combination of colours, in other words it brings within its ambit “trade dress”. This essential requisite for qualification as a valid trademark merely implies that the mark should be capable of being put on the register in a physical form and also being published in the Journal. This requirement of a valid trademark was further expounded by the European Trademark Office, wherein it elucidated two primary reasons for geographical representation a trademark: Enable traders to identify with clarity what other traders have applied for registration as trademark and for what product; Enable public to determine with precision the sign which forms the subject of trademark registration   Capable of Distinguishing Good and Services of One Person From Those of Others- The definition of “trade mark” under Section 2(1)(zb)of the 1999 Act means a mark “which is capable of distinguishing the goods or services of one person from those of others”. Therefore, the use of a mark that is not capable of distinguishing the goods of such proprietor of the trade mark would not qualify for the protection under the TM Act. This requisite of a trademark primarily enumerates that a trademark must be distinctive i.e. it should not be devoid of a distinctive character.    
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  • Jun 19, 2019
      The Supreme Court  declared the Centre’s flagship Aadhaar scheme as Constitutionally valid. The apex court’s five-judge Constitution bench headed by Chief Justice Dipak Misra said Aadhaar is meant to help benefits reach the marginalised sections of the society and takes into account the dignity of people not only from personal but also from community point of view. The top court said Aadhaar is serving much bigger public interest and Aadhaar means unique and it is better to be unique than being best. There are three sets of judgements being pronounced on the issue. The first of the three verdicts was pronounced by Justice A K Sikri who wrote the judgement for himself, CJI and Justice A M Khanwilkar. Justice Sikri said robust data protection regime has to be brought in place as early as possible. He said attack on Aadhaar by petitioners is based on violation of rights under the Constitution, will lead to a surveillance State. He added there has been minimal demographic and biometric data collected by UIDAI for Aadhaar enrolment. Justice Sikri said unique identification proof also empowers and gives identity to marginalised sections of society. There is no possibility of obtaining a duplicate Aadhaar card, he said, adding that there is sufficient defence mechanism for authentication in the Aadhaar scheme. The concept of human dignity has been enlarged in the judgement, he said. Justice Chandrachud and Justice A Bhushan, who are part of the bench, have written their individual opinions. The verdict was pronounced on a batch of pleas challenging the constitutional validity of Aadhaar scheme and its enabling 2016 law. The bench had on May 10 reserved the verdict on the matter after a marathon hearing that went on for 38 days, spanning four-and-half months. Supreme Court added that CBSE, NEET, UGC cannot make Aadhaar mandatory and it is not compulsory for school admissions. The apex court also said the linking of Aadhaar for opening of bank accounts and for mobile connections is not mandatory. However, it made Aadhaar mandatory for filing of IT returns and allotment of Permanent Account Number. Justice Ashok Bhushan, in his separate verdict in the Aadhaar case, concurred with the majority three-judge judgement and said that the government and the Unique Identification Authority of India (UIDAI) were empowered to cure defects in the Aadhaar scheme. The Justice also said Aadhaar Act does not create a framework for surveillance. He said no material was placed before the Supreme Court to indicate that there has been considerable denial of benefits of subsidies to deserving persons. He also said that biometric data contains certain personal information of citizens and the breach, if any, has to be ascertained. In his concurring decision, Justice Bhushan said the central government has given sufficient reasons to uphold Section 7 of Aadhaar Act which deals with grant of subsidies and welfare benefits. He also agreed with the view that there was no need to link Aadhaar with mobile numbers. He also rejected the argument that revealing demographic information for Aadhaar amounts to violation of Right to Privacy, saying that an individual reveals such data for other ID proofs. Justice Chandrachud differs The Aadhaar Act could not have been passed as Money Bill as it amounts to a fraud on the Constitution and is liable to be struck down, Supreme Court Justice D Y Chandrachud said. "Bypassing the Rajya Sabha to pass the Aadhaar Act amounted to subterfuge and the law was liable to be struck down as being violative of Article 110 of the Constitution," he ruled. This differs from the verdict given by Justice Bhushan who said the decision of terming Aadhaar Act as Money Bill was not open to judicial review. Article 110 has specific grounds for Money Bill and the Aadhaar law went beyond this, Justice Chandrachud said, adding that in the current form, the Act cannot be held to be constitutional. He observed that the enactment of the Act does not save the Centre's Aadhaar scheme. Noting that mobile phone has become an important feature of life and its seeding with Aadhaar posed a grave threat to privacy, liberty, autonomy, he favoured deletion of consumers’ Aadhaar data by the mobile service providers. Maintaining that the Prevention of Money Laundering Act Rules proceeded on assumption that every bank account holder is a money launderer, he said the assumption that every individual who opens a bank account is a potential terrorist or a launderer is "draconian", he said. Justice Chandrachud also said collection of data may lead to individual profiling of citizens. He said the Aadhaar programme violated informational privacy, self-determination and data protection. It has been admitted by UIDAI that it stores vital data which is violative of right to privacy, he added. This data was vulnerable to be misused by third party and private vendors, and that too, without the consent of an individual, Justice Chandrachud maintained and said the Aadhaar project has failed to remedy the flaws in its design, leading to exclusion. Allowing private players to use Aadhaar will lead to profiling, which could be used to ascertain the political views of citizens, the judge said. He also held that denial of social welfare measures was violation of fundamental rights of citizens. There is no institutional responsibility of the UIDAI to protect the data of citizens, he said, adding that there was absence of a regulatory mechanism to provide robust data protection. However, he said it was now impossible to live in India without Aadhaar but it was violative of Article 14. If Aadhaar is seeded with every database, then there is chance of infringement of right to privacy, he said. Justice Chandrachud said while Parliament possesses the right to make a law, the absence of protection leads to violation of various rights.    
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  • Jun 13, 2019
    THE EVOLVING ROLE OF GENERAL COUNSEL IN INDIA “The good lawyer is not the man who has an eye to every side and angle of contingency, and qualifies all his qualifications, but who throws himself on your part so heartily, that he can get you out of a scrape."  – Ralph Waldo Emerson What are the essential qualities of a good lawyer? Someone who knows and understands the law prioritizes his work accordingly and delivers the results in a specified time. But in today’s ever-changing world, the qualities of a good lawyer are not just limited to the above thresholds. For a lawyer who is a general counsel (GC), possessing the knowledge of law and adhering to timelines is not enough. A GC is also expected to understand the intricate details about the deal, idea or the context and to be completely involved in the functioning of a company. The role of GCs in the Indian corporate sector has witnessed a drastic change in the last twenty years. With the beginning of globalization and liberalization in the 90s and with the increase in the number of compliances, the responsibilities of GCs have increased substantially. Where on one hand GCs play an important role as members of management teams, on the other they are also responsible for advising on compliance issues of rules, regulations, and statutes.  The transition from Cost Centre to Profit Centre  Technically speaking, the partners at law firms and the GCs are all lawyers, but when it comes to putting knowledge into practice, they follow completely different approaches. Since the corporate culture is focused on performance and values, GCs today are well positioned to contribute to organizational performance. They are allocated a large budget for legal fees and they prefer spending it on building the in-house team rather than on outsourcing the services of a firm or counsel. This helps them in controlling legal costs and impacts the profitability of the organization. Finding such ways to generate revenue within the company makes the in-house legal department profit-centric.  The Evolving Role of GC: What does the future hold?  In 2012, KPMG International conducted a survey of 320 GC in 32 countries which reflected on how the role of the GC is changing and the ways in which they are managing the transition. The survey identified that the main challenge was the transformation of GC into business decision-makers. “This transition requires a shift in mindset and behavior from the GC as well as the wider organization, if the value that GC can bring to the top table is to be maximized,” the report said. Understanding the business issues and providing viable solutions is what is required and expected out of a legal counsel.  Conclusion As GCs are being vested with a weighty tome of (ever-growing) responsibilities, they have the opportunity of becoming indispensable. With the laws and regulatory compliances becoming more complex, companies face various risks and challenges. If one can manage the complexity and the risk, one may become a successful GC, but in order to achieve that, they must first understand the dos and don’ts of the business. And once this is accomplished, the GC will be able to become the expert of their evolving turf.    
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