Publications – Page 3

Why do we blame Independent Directors for every corporate fubar?

Given how much money went down in the IL&FS fubar, public outrage against everyone connected with the company was to be expected. That said, the sheer volume of venom that targeted Independent Directors seemed unfair. Does anyone here still think such positions are anything but a well-deserved lifetime achievement award…

Supreme Court is being transformed into a stern headmaster

By Ranjeev C DubeyConstitutional Law

When the Chief Justice of India announced on August 20 that the judges would contribute funds to help relieve Karala from the flood fury, no one protested that the judiciary is the last institution we should expect to make cash contributions to worthy causes. A cursory glance at the Union…

IPR and Digital Piracy: A Lost Cause

By Rohin DubeyIntellectual Property Law

Recently, the New Zealand Court of Appeals approved an American request to extradite one of the world’s most celebrated digital pirates, Kim Dotcom, back to the United States. American prosecutors had alleged that the creator of megaupload.com had cost copyright holders upwards of $500m (Rs 3,454 crore) in unpaid royalties on pirated…

Negotiable Instruments (Amendment) Bill: Cheque-mate!

By Ranjeev C DubeyCriminal Law

Amendments to curb cheque bouncing are flawed as they criminalise the victim of the crime when it should be the debtor approaching the court to find a way to stay out of jail. On July 25, 2018, the Lok Sabha approved yet another set of amendments to India’s troubled cheque…

Bury this ‘bekaar’ Aadhaar

By Ranjeev C DubeyPrivacy Law

After 38 days of hearings over 4 months in what was the second longest case to be argued in India’s constitution history, the Supreme Court finally reserved judgment in the Aadhaar case on May 9, 2018. It may be several weeks before judgement is delivered but already, it is clear…

Sexual Harassment of Women at Workplace Act: POSH Retribution

By Ranjeev C DubeyEmployment Law

Considering their impact on TRP ratings, if sexual harassment didn’t exist, advertisers would have to invent something like it. Hardly a week goes by without one celebrity or another “coming out” as a victim of sexual harassment. Last month, it was singer-actress Meesha Shafi. It’s a buzz so compelling that…

Dangers of Internet: What is Fake News?

By Ranjeev C DubeyConstitutional Law

When journalist-turned-politician S Ve Shekhar casually forwarded a social media post suggesting that women journalists needed to sleep with their bosses to keep their jobs, he found himself accused of crimes under Sections 504 (Provoking Breach of Peace), 505 (Public Mischief) and 509 (Insulting the Modesty of a Woman) of…

Triple Whammy

By Ranjeev C DubeyConstitutional Law

The Muslim Women (Protection of Rights on Marriage) Bill, 2017, reminds me of the doggerel about the Chaubay who went on to become a “Chhabbe” but came back a Dubey! There is grotesque irony in the idea that a law designed to provide security to Muslim women within marriage hastens…

Fee Fixation

By Ranjeev C DubeyLegal Profession

“Can’t you see,” Pink Floyd’s singer songwriter Roger Waters berated us in 1984, “it all makes perfect sense, expressed in dollars and cents.” This must be why Supreme Court senior counsels aren’t celebrities till they make Rs 10 lakh a hearing! This is easy to understand: if you are that…

Why India can’t afford Rohingya refugees

By Ranjeev C DubeyInternational Law

George Bush once quipped that India lived in a very dangerous neighbourhood. He failed to add that moral ambiguity was consequently built into its foreign policy. The Rohingya refugee crisis is only the latest example of this inescapable reality. Not that Rohingya ‘crisis’ is new. The Rohingyas are 100 per…