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2002 research outputs found
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J K Rowling-Emma Watson row reveals tension between lived truth and fiction’s sweep
No full textWhen faced with confusion or disagreement in the classroom, I turn to literature, not for answers, but for language to hold contradictions
The Weight of Secrets: Assessing the Regulatory Burden for Informational Privacy in India
No full textGiven the galloping pace at which information technology continues to develop and penetrate our lives, it is inevitable that the aspirations of data protection will sometimes appear like hollow promises that the law cannot keep. This makes it essential to study the precise regulatory conditions that can allow for the effective enforcement of legal protections for informational privacy. This Article provides a holistic account of the likely breadth and regulatory burden of an effective data protection regime and attempts to flesh out various regulatory tools that can go into the design of a Data Protection Authority for India so as to account for the weighty duties it must bear. Touching on the proposals of the Srikrishna Committee while drawing on the experiences of other jurisdictions, it justifies the idea of a unified, cross-sectoral data protection regulator with a broad mandate, examines the limits of sectoral regulation, and clarifies the significance of and outlook for models such as co-regulation and responsive regulation, as well as the role of the much-vaunted principle of accountability. In assessing the enforcement burdens created by the substantive rights and duties of data protection, the article also provides pointers as to what we should expect from a privacy watchdog in India and how these expectations can best be met in practice
T(t)ime, the Ultimate Mysterium: A Journey in Ethnography
No full textAn exploration of the recurring theme of time in my research
Taking Charge: Revisiting the Enforcement Of Inter-Creditor Agreements in IBC-Driven Liquidations
No full textJharkhand’s Victory in Domestic T20 Cricket Shouldn’t Surprise Us
No full textYet, even at this historic high, a sociological discomfort remains. Of the SMAT-winning XI, only Robin Minz is an Adivasi playe
Evaluating the Need for Sectoral Insolvency Frameworks in India: The Telecom Sector as a Case Study
No full textEver since the enactment of the Insolvency and Bankruptcy Code in 2016 - a unified legislation regarding insolvency resolution - demands for sectoral insolvency frameworks have emerged without clear analytical underpinning. Undoubtedly, a downturn or crisis in a particular sector affecting companies’ ability to pay debts may necessitate evaluating the possibility of such frameworks. However, such frameworks can also result in unequal standards and principles being applied to businesses. This paper investigates the conditions under which sectoral insolvency frameworks might be necessary or appropriate. In particular, they may be required when (i) there is a large volume of insolvency processes in a sector, (ii) the corporate debtor has sectorally distinct characteristics, and there are (iii) delays in the insolvency process in that sector. Given its strategic importance, complex regulatory nature, and the most recent call for a sectoral framework, we apply this framework to the Indian telecom sector. We find that the necessary requirements are not met for the telecom sector, suggesting that there may not be a need for a sectoral insolvency framework at this point. We hope that our framework and methodology for arriving at this conclusion will serve as a useful reference point for future legal analysis, policy formulation, and scholarly inquiry on this issue
Personal Guarantors to Debtors Required: The ‘Homeric’ Moratorium’s Aegis
No full textCompanies depend on financial borrowing for a flourishing business. Lenders hesitate less when the company’s personnel assure repayment by becoming its guarantors. That is, such personnel are the kind of sureties who will pay if their company is unable to repay. If the company later becomes insolvent, they conserve the company’s remaining funds by repaying on its behalf. Yet, the IBC punishes their well-meaning deeds by showering them with a stream of unjust implications. Firstly, the statute compels lenders to pursue the personnel-guarantors exclusively. Secondly, they shall get no reimbursement even if the insolvency resolution is successful. Lastly, the resolution process has been given a licence that exacerbates their overall predicament. During and for resolution, the personnel’s properties may be used for extractive ends. This paper proposes that the existence of the first two problems, besides the third, must be a zero-sum game. That is, if personnel guarantors aid insolvency resolution, the obligation to act as a guarantor must be snoozed away. In other words, the IBC’s ‘moratorium’ for insolvent companies should extend to such personnel-guarantors. This is more of an obvious inference than an assertion. Judiciary favours a complete warding off of legal events that may/aid insolvency resolution. Such guarantors surely serve this function. Applicability of the concept to such guarantors has another unexpected votary: the law of contracts. Moratorium’s exclusion of personnel guarantors, then, is a thread inexplicably snipped out of the woven pattern. This paper proposes that the solvent personnelguarantors be placed on the steadier perch of Section 14. This revision shall bring moratorium to scale with its dimensions as supposed by the judiciary
