Inherent fault-lines in the new reservation policy

Lack of education apart, the latest reservation for the ‘backward’ may, above all, be proof that our legislators continue to struggle with ideological constructs that are both anachronistic and debunked. Allow me to explain. On January 14, 2019, the Central Government notified the 103rd constitutional amendment which confers States with…

Is IPR moral?

Consider this scenario. A dominant world power forces all other countries to sign a treaty acknowledging that its IPR will be respected. It then creates laws allowing its citizens to register food grain grown in other nations as original inventions in its own country. The world power now uses the…

Why deny an individual’s right to die?

India is currently witnessing a great battle seeking to redefine the idea of ‘being Indian’. How we regard life itself is a very good example. Thus, suicide, euthanasia and Santhara — the very heart of any society’s ideological construct — are being debated as never before. Trying to find a…

High fashion knock-offs

This year’s Lakme India Fashion week in New Delhi ended with designer Suneet Verma alleging fellow designer Aki Narula of plagiarising one of Verma’s designs and passing it off as his own. The outfit in question was part of Verma’s fall/winter 2003 collection and featured in the designer’s advertising campaign…

Appetite for contractual destruction

There must be a convoluted logic to this, but why is it that commercial contracts are written to relentlessly appeal to our appetite for senseless destruction? We were animatedly discussing ‘Business Purpose’ clauses at my ‘Understanding Joint Ventures’ workshop last month when I realised that practically everyone in the room…

Of holy cows and shareholders contracts

It amazing how the seemingly easiest legal questions are sometimes the hardest to answer. Other than a 100 per cent buy out, every M&A transaction generates a shareholders’ agreement by which company owners bind themselves to special rights and obligations. How far these agreements are enforceable in Indian law is…