Einblicke und Analysen
The Interplay between the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899
The interplay between the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899 has been a subject of legal ambiguity, particularly regarding the enforceability of arbitration agreements in unstamped or insufficiently stamped contracts. The Supreme Court’s recent decision in In Re: Interplay Between Arbitration Agreements under the Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899 has provided clarity by harmonizing these statutes. The Court ruled that non-stamping does not render arbitration agreements void ab initio but only inadmissible as evidence until stamp duty is cured, ensuring such defects are curable under law.
Erosion of Tax sovereignty – India’s Challenges at the WTO
Globalisation has resulted in an increased interdependence in the economies of countries worldwide. Such interdependence has left the smaller economies at the behest of leading powers at organisations such as the WTO, which were otherwise aimed at creating a level playing field. A clear global North-South divide renders LDCs and the South in general, at a disadvantage in any transactions that follow from WTO regimes. India has yet to establish a strong foothold as an emerging global power at the WTO, with the US currently slow-strangling the organisation.
Landmark Judgments on Disability Rights in India
On the International Day of Persons with Disabilities, we list down the judgments that defined the jurisprudence on disability rights in India.
State of Disability Justice and Institutional Mechanisms in India
The jurisprudence on disability in India, albeit recent, has charted an unusual course. The courts have increasingly resorted to judicial activism to interpret and reinterpret the laws, and have gone beyond the four corners of the legislations in the endeavour of delivering justice. With time, the discourse and narratives on disability coming from the corridors of the courts have noticeably evolved, with a willingness to embrace inclusion beyond the lens of mere charity and welfare.
While the formulation of laws have guaranteed the establishment of institutions to help facilitate disability access and justice, the implementation and enforcement of the same falls short of expectations.
The law of the book and the law in action
The Right of Persons with Disability Act (RPwD Act, 2016) was enacted in 2016 to give effect to
the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). It repealed
the earlier legislation, Persons with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995. India’s disability law stands as a beacon of progress, embracing a
broad and inclusive perspective on disability. It boldly places responsibilities on both public and
private sectors, reflecting a commitment to equality. Yet, nearly eight years since its enactment, the law’s promise remains largely unfulfilled, hindered by slow and uneven implementation.
Family Law Guide 2024 (Legal 500)
The Family Law (India) 2024 Q&A guide, recently published by Legal 500 with contributions from RFKN Legal, offers a detailed look into India’s family law landscape.
Just Rights for Children Alliance and Anr. v. Harish and Ors. and the discussion on Child Sexual Abuse
In a landmark judgment, the Supreme Court discusses the profound impact of child pornography and abuse on children.
Empowering the visually impaired: The urgent need for braille-embossed pharmaceutical packaging in India
In India, writ petition has been filed in the case of Medhansh Soni v. Union of India (W.P. (C) 000516/2024) before Supreme Court where notice has been issued and issue regarding braille in medicines and other pharma products has been considered by the Surpeme Court.
Working Riders: India – Germany
The article examines the training, skills, working conditions and regulatory differences in the employment of Indian and German working riders. It discusses the potential for migration of Indian working riders to Germany through the 2003 Indo-German Migration Agreement and highlights their contributions to the equine industry in Germany.
The Interplay between the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899
The interplay between the Arbitration and Conciliation Act, 1996 and the Indian Stamp Act, 1899 has been a subject of legal ambiguity, particularly regarding the enforceability of arbitration agreements in unstamped or insufficiently stamped contracts. The Supreme Court’s recent decision in In Re: Interplay Between Arbitration Agreements under the Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899 has provided clarity by harmonizing these statutes. The Court ruled that non-stamping does not render arbitration agreements void ab initio but only inadmissible as evidence until stamp duty is cured, ensuring such defects are curable under law.
Erosion of Tax sovereignty – India’s Challenges at the WTO
Globalisation has resulted in an increased interdependence in the economies of countries worldwide. Such interdependence has left the smaller economies at the behest of leading powers at organisations such as the WTO, which were otherwise aimed at creating a level playing field. A clear global North-South divide renders LDCs and the South in general, at a disadvantage in any transactions that follow from WTO regimes. India has yet to establish a strong foothold as an emerging global power at the WTO, with the US currently slow-strangling the organisation.
Landmark Judgments on Disability Rights in India
On the International Day of Persons with Disabilities, we list down the judgments that defined the jurisprudence on disability rights in India.
State of Disability Justice and Institutional Mechanisms in India
The jurisprudence on disability in India, albeit recent, has charted an unusual course. The courts have increasingly resorted to judicial activism to interpret and reinterpret the laws, and have gone beyond the four corners of the legislations in the endeavour of delivering justice. With time, the discourse and narratives on disability coming from the corridors of the courts have noticeably evolved, with a willingness to embrace inclusion beyond the lens of mere charity and welfare.
While the formulation of laws have guaranteed the establishment of institutions to help facilitate disability access and justice, the implementation and enforcement of the same falls short of expectations.
The law of the book and the law in action
The Right of Persons with Disability Act (RPwD Act, 2016) was enacted in 2016 to give effect to
the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). It repealed
the earlier legislation, Persons with Disabilities (Equal Opportunities, Protection of Rights and
Full Participation) Act, 1995. India’s disability law stands as a beacon of progress, embracing a
broad and inclusive perspective on disability. It boldly places responsibilities on both public and
private sectors, reflecting a commitment to equality. Yet, nearly eight years since its enactment, the law’s promise remains largely unfulfilled, hindered by slow and uneven implementation.
Family Law Guide 2024 (Legal 500)
The Family Law (India) 2024 Q&A guide, recently published by Legal 500 with contributions from RFKN Legal, offers a detailed look into India’s family law landscape.
Just Rights for Children Alliance and Anr. v. Harish and Ors. and the discussion on Child Sexual Abuse
In a landmark judgment, the Supreme Court discusses the profound impact of child pornography and abuse on children.
Empowering the visually impaired: The urgent need for braille-embossed pharmaceutical packaging in India
In India, writ petition has been filed in the case of Medhansh Soni v. Union of India (W.P. (C) 000516/2024) before Supreme Court where notice has been issued and issue regarding braille in medicines and other pharma products has been considered by the Surpeme Court.
Working Riders: India – Germany
The article examines the training, skills, working conditions and regulatory differences in the employment of Indian and German working riders. It discusses the potential for migration of Indian working riders to Germany through the 2003 Indo-German Migration Agreement and highlights their contributions to the equine industry in Germany.