The Trafficking of Persons (Prevention, Protection, and Rehabilitation) Bill, 2018: Rescued or Victimized into Rehabilitation?

Human trafficking has plagued society for ages. It is the usage of force and exploitation of individuals for purposes such as slavery, sex work, and other illegal activities translating into an infringement on an individual’s human rights, with women and children being those at the highest risk of being victims of trafficking. Every country that acts as an origin, intermediary, or final place of the process is considered as one that harbors this socio-economic evil. The United Nations Office on Drugs and Crime (UNODC) has stressed the importance of legislation as a means to curb the practice of human trafficking. It has stated the need for member countries to implement domestic laws. It also recommends that these laws be flexible in nature and comprehensive in definition to aid their efficiency. (more…)

Privacy: The Laid Jurisprudence and Contemporary Challenges

Living life with dignity, encapsulated in the rights such as privacy, which is for all to enjoy, is the victory of democracy. The article highlights some of the salient features of privacy rights and takes a step back to analyse the status of privacy rights in its current form. On 24 August 2017, a nine judge bench of the Supreme Court of India in Justice K.S Puttaswamy v. Union of India passed a landmark judgement declaring the Right to Privacy as a fundamental right protected under the Indian Constitution. It is a natural right subsisting as an integral part to the fundamental right to life and liberty, inherent in Articles 14, 19 and 21. (more…)

Parliamentary Privileges: Essential for an Empowered Legislature or Abuse of Power?

The term privilege can be defined as an exemption, special right, advantage or immunity to a particular person or group of persons in a layperson’s terms. In law, privilege is an advantage enjoyed by a person or an association where people are exempted from some duty, burden, attendance or liability. Parliamentary Privileges are certain rights and immunity enjoyed by the members of the parliament and legislative assemblies individually and collectively, till the time they retain their position as a member of the legislature. These privileges are defined under Article 105 of the Indian Constitution and due to these privileges, members are exempted from any civil or criminal liability for any statement made or act performed by them in their course of tenure. These privileges are called off as soon as the members complete their tenure in the legislative body (Houses of Parliament at the Centre & Legislative Assemblies in the States). (more…)

The Occupational Safety, Health and Working Conditions Code, 2019: Dodged prerogatives or short-sighted policies?

Introduced in July 2019 in the Lok Sabha as one of the four Codes aimed at labour reforms, the Occupational Safety, Health and Working Conditions Code embodies an amalgam of provisions relating to safety, health, welfare and working conditions of workers by a merger of thirteen major Central laws. Abiding by the constitutional guarantees under Articles 24, 39 (e & f) and 42 and in the wake of the fatalities caused by industrial accidents and inhumane work conditions, this Code assumes great significance in laying down duties and rights of employees and their employers.  (more…)

The Direct Tax Vivad Se Vishwas Act, 2020: Is Tax Recovery an Alternative for Tax Policy Reforms?

On 5th February 2020 the Finance Minister introduced “The Direct Tax Vivad se Vishwas Bill, 2020” in the Lok Sabha. The primary objective of this Bill was to provide a solution for income tax disputes which are pending. Thereafter, some official amendments were proposed by the key stakeholders. After the amended Bill was passed by the Lok Sabha and the Rajya Sabha, it finally received the President’s assent on 17th March 2020 and thus the Direct Tax Vivad se Vishwas Act, 2020 came into being. (more…)

India’s Tourism Industry in times of COVID-19: Policies for a Prospective Revival

It has been over six months since the first case of coronavirus was detected in India, and almost four months since it was declared as a global pandemic by the World Health Organisation. A virus classified as ‘quite deadly’ stands to affect close to 50 thousand Indians, with above 10 thousand cases of recovered patients and over 2000 deaths. This is the largest pandemic to hit the globe in a century and that is why its impact is not solely concentrated on the health sector and its response but is most certainly going to involve a large toll on major sectors of economy including tourism. (more…)