LAW

“I have chosen to do this work,” says Anita Rokade, a domestic worker living in Badlapur, outside Mumbai. Anita, who lost her husband years ago, has to earn to provide for her children. But giving time to her children is her priority. Domestic work offers her the flexibility to attend parent-teacher meetings, drop her children off at school, and rush home in case of an emergency. While she does not mind the demanding physical labour that comes with her job, she is clear that domestic workers need laws for their protection and well-being. This January, the Supreme Court, while hearing…

Highlights of the Bill The Bill will apply to the processing of digital personal data within India where such data is collected online, or collected offline and is digitised. It will also apply to such processing outside India, if it is for offering goods or services in India. Personal data may be processed only for a lawful purpose upon consent of an individual. Consent may not be required for specified legitimate uses such as voluntary sharing of data by the individual or processing by the State for permits, licenses, benefits, and services. Data fiduciaries will be obligated to maintain the…

Kumar*, a food delivery gig worker rode back home after midnight on his scooter a few weeks back. Suddenly, a few cops stopped him on the way, captured his photo and then let him go. "Why are you taking my photo? I have my driving license and other documents, and I am also wearing my helmet," he asked them, flabbergasted and confused. But they did not respond. Little did he know that the Chennai police might have used their facial recognition technology (FRT) to see if his photo matched that of a criminal in their database. This has been one…

Savitha*, a 16-year-old minor girl from Chennai, was to be married off to a 35-year-old man in September of last year. Her parents invited close relatives to the ceremony by handing out invitations. Just as the wedding was about to take place, officials from Childline came to her rescue based on a tip-off from her 15-year-old cousin. He sent a copy of the invitation to the non-governmental organisation (NGO) that had once conducted an awareness programme on preventing child marriages in their locality. Savitha was lucky and was rescued on time. She is now pursuing an undergraduate degree in a…

Friday nights are when the rich go out for dinner and fun. On September 9th, a class 11 student took his friend out for dinner in his MG Hector. But before the night turned into morning, the juvenile had hit and run over a 23-year-old food delivery partner who died soon after he was rushed to hospital. The brat at the wheel had abandoned his car and fled the accident spot, but was apprehended by the police who registered an FIR. On August 31st, a 17-year old smothered to death an 18-year-old differently abled boy he was meant to be…

Critically acclaimed movie Jai Bhim highlighted in great detail the plight of socially and economically disadvantaged communities as they navigate a complex legal system. Chandru, a lawyer working pro bono, steps up to aid the central character Sengeni. What happens to many such individuals in real life? How can those who do not have the means get adequate representation and access to justice in Chennai? Every individual has the constitutional right to get help from the government-sanctioned Tamil Nadu State Legal Services Authority or the District Legal Services Authority. "Free legal aid is not a charity by the government. It…

This is the first of a two part series on why health insurance companies refuse to reimburse treatment cost of mental illness, despite laws and insurance regulator guidelines saying they must treat mental illness on par with any other physical illness. "I bought a health insurance policy from a well-known insurance agency in 2014,” says V Naresh, 73, (name changed on request). “In January 2020, my 39-year-old son, who was diagnosed with a psychiatric illness, was admitted to rehab for 25 days. In March 2020, I put in a claim of around Rs. 2.75 lakh for the treatment, but it…

Brushing aside all concerns about privacy and potential misuse of sensitive personal information, including biometric details, the new Criminal Procedure (Identification) Bill, 2022, that replaces the colonial era Identification of Prisoners Act, 1920, breezed through both houses of Parliament and is now the law of the land with the President giving his assent to the Bill. The new Bill does not only authorise collection of certain identifiable information about specified persons, such as convicts, for criminal investigation purposes. It expands the ambit of such personal details and the persons from whom such details can be taken. The National Crime Records…

To clear the air over speculation on the status of cryptocurrencies, Budget 2022 imposed a 30% tax on income from virtual digital assets (VDA) and announced the launch of digital rupee later this year. But, a few questions remain unanswered, especially on the definition of cryptocurrency. And what terms like blockchain and NFTs mean. The concepts of fungible and non-fungible have been around for some time now. In economic terms, fungible tokens or assets are products which are non-unique and interchangeable with something of equivalent value. They are transferable, tangible in nature and their value remains constant. For example, a…

Despite the dangers they pose to life and limb, Indians have learned to live with the potholes that abound in most roads in every city. According to the Ministry of Road Transport and Highways, potholes accounted for 3,564 road accidents in 2020, though the the exact number of deaths from these accidents is not known. But despite these appalling numbers, there is a complete lack of explicit or specific legislation dealing with accountability for deaths or injuries caused by potholes that are the result of poor quality work and lack of maintenance by the municipal authorities concerned. Can government or…