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“Supreme Court Revokes Bail: Incarceration Duration Not Sole Basis When Accused Involved in Further Offenses”

Blog, Supreme court , , , , , , ,

Case title: Jadunath Singh v. Arvind Kumar & Anr.

Case no.: Criminal Appeal Nos. of 2024 (Arising out of SLP(CRL.) Nos. 7961-7963 of 2023)

Dated on: 19th April 2024

Quorum: Justice Vikram Nath and Justice Sanjay Kumar

FACTS OF THE CASE

  • The case revolves around an incident on February 11, 2011, in Village Bhogaon, where the appellant, Jadunath Singh, filed a written report stating that the accused, Arvind Kumar, had illegally occupied a plot.
  • On the same day, armed with firearms, the accused, along with others, opened fire on Jadunath Singh and his companions, resulting in the death of two individuals and injury to another.
  • The accused were charged under various sections of the Indian Penal Code (IPC) including Sections 147, 148, 302/149, and 120B.
  • In another case, on January 31, 2013, Rishi Kumar and Chandra Kumar, while in custody, requested Constable Ajay Kumar to accompany them for a nature break. However, they ambushed Ajay Kumar, fatally shooting him as they left the court premises. Subsequently, they dumped his body outside a residence. This led to the registration of FIR Case Crime No. 60 of 2013 under Section 302 IPC, with eight individuals, including Rishi Kumar and Chandra Kumar, implicated in a conspiracy to murder Ajay Kumar. Both accused fled but were apprehended by the Special Task Force (STF) in Maharashtra, where they also engaged in gunfire with the police, prompting the filing of a separate FIR Case Crime No. 54 of 2013.

CONTENTIONS OF THE APPELLANT

On behalf of the appellant, it was argued that the accused were dangerous criminals, having committed multiple murders including that of a police constable, and their release would endanger the appellant and his family.

CONTENTIONS OF THE RESPONDENTS

The respondents sought bail primarily based on their prolonged incarceration of more than 10 years and the fact that two co-accused had been granted bail earlier.

LEGAL PROVISIONS

Sections 147 of IPC, whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Sections 148 of IPC, whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Sections 149 of IPC, every member of unlawful assembly guilty of offence committed in prosecution of common object.

Sections 120B of IPC, punishment of criminal conspiracy.

Sections 302 of IPC, whoever commits murder shall be punished with death or [imprisonment for life], and shall also be liable to fine.

ISSUE –

  • Whether the respondents, despite their lengthy incarceration, should be granted bail considering their involvement in multiple serious offenses, including murder.
  • Whether the High Court adequately considered all relevant factors before granting bail.

COURT’S ANALYSIS AND JUDGEMENT

The Supreme Court noted that the High Court had granted bail primarily based on the duration of incarceration and the bail granted to two co-accused. However, crucial facts regarding the respondents’ involvement in the murder of a police constable and their subsequent resistance to arrest were not presented before the High Court.

The Court emphasized that the respondents’ conduct in a separate case warranted denial of bail despite their prolonged incarceration in the present case. While Arvind Kumar was not implicated in the murder case of the police constable, bail for the other two respondents was revoked.

The appeals against Chandra Kumar and Rishi Kumar were allowed, and the impugned order granting them bail was set aside. They were given two weeks to surrender, failing which coercive measures would be taken.

This judgment underscores the importance of considering all relevant facts and circumstances before granting bail, particularly in cases involving serious offenses and individuals with a history of criminal conduct.

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Judgement Reviewed by – Chiraag K A

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“Women in Prison: Understanding Female Incarceration”

Articles ,

Introduction

Women who have committed crimes and are housed in correctional facilities are known as female inmates. The experiences of female and male inmates may differ due to a variety of circumstances, including gender-specific requirements, vulnerabilities, and obstacles encountered within the criminal justice system. To successfully meet the needs of women inmates and maintain their well-being throughout their incarceration, it is imperative to take into account the unique conditions of this population.625,000 women and children were jailed in correctional facilities worldwide as of 2013, and the number of women incarcerated was rising on all continents.The primary table with a column for the historical and present percentage of female inmates is part of the list of nations ranked by incarceration rate. Men make up the great bulk of those behind bars worldwide. Around the world, criminal justice systems have handled incarcerated women differently from the beginning of the process until the end, including during sentencing and the application of punitive measures. This discrepancy is mostly caused by real demographic differences in the seriousness of crimes committed by the prison populations of men and women, as well as the enduring notion in society at large that female offenders are more rehabilitee than their male counterparts. Despite making up a smaller percentage of all prisoners worldwide, the number of women behind bars is increasing at a rate double that of men. The most majority are detained in China, Russia, and the United States. of persons behind bars worldwide, including women. The increasing number of women incarcerated worldwide can be partially attributed to changes in sentence and parole regulations for female offenders. The global trend of gender-blind sentencing in criminal justice systems has led to a marked rise in the imprisonment rate of women. Women’s incarceration rates are further increased by high rates of re-entry and re-offending, which are also caused by the concurrent abolition of parole and harshening of punishments for parole violations in many parts of the world.

Crimes by women

Almost 3 lakh women are detained every year for offenses against the Special and Local Laws (SLL) and the Indian Penal Code (IPC). Many of these women are detained for offenses including rioting, abuse by husband’s family members, and Prohibition Act violations. Combining statistics for both convicted and pending cases reveals that 37% of women are serving jail sentences for murder, with 15% of them being incarcerated for dowry deaths.

According to the State List in the Seventh Schedule of the Indian Constitution, State Governments are in charge of all matters pertaining to prisons, reformatories, borstals, and other similar institutions, as well as the people housed there. They also handle agreements with other States regarding the sharing of prisons and other facilities. The following laws provide the guidelines for imprisonment:

• Indian Penal Code, 1860

• Prison Act, 1894

• Prisoner’s Act, 1900

• Identification of Prisoner’s Act, 1920

• Exchange of Prisoner’s Act, 1948

• Transfer of Prisoner’s Act, 1950

• Prisoner (Attendance in Court) Act, 1955

• Probation of Offenders Act, 1958

• Code of Criminal Procedure, 1973

• Repatriation of Prisoner’s Act, 2003

• Model Prison Manual, 2003

• Model Prison Manual, 2016

In 2007, a National Policy on Prison Reforms and Correctional Administration was formulated, outlining several guidelines pertinent to female inmates, such as safeguarding their human rights and preventing the prolongation of pending cases. “Women prisoners shall be protected against all exploitation,” the statement adds. Work and treatment plans must be developed for them taking into account their unique requirements.

National Model Prison Manual, 2016

The 2016 Model Prison Manual has been updated with a focus on computerization in prisons, special provisions for women inmates, after-care services, prison inspections, the rights of death row inmates, repatriation of foreign prisoners, and a greater emphasis on correctional staff.

Special procedure for arrest of women

The Criminal Procedure Code (CrPC) has specific provisions pertaining to the arrest of women. Specifically, it is forbidden to arrest women after sunset or before sunrise, unless the Judicial Magistrate First Class has granted permission beforehand. Additionally, only female officers must conduct searches on female arrestees, taking into account their dignity. Ideally, the arresting police officer should not be wearing their uniform when making the arrest of the woman in order to lessen the stigma attached to being incarcerated. Additionally, arrangements for the woman’s minor children’s custody at the time of her arrest should be arranged. She needs to put her requests in writing, including the name and contact information of the person she wants her minor children to stay with while she is incarcerated. Be closely adhered to. If the child cannot accompany the mother to prison and no family or friends are available to care for him or her, the youngster should be placed in a child care institution.

Addressing violence

Body searches need to be carried out in accordance with established protocols. The least invasive method should be used when searching female inmates if it is deemed suitable under the circumstances. The type of search that will take place and the rationale behind it should be made evident to the prisoner. To prevent total nudity at a given time, strip searches should be carried out in two separate processes, with the top and lower bodies being searched sequentially. Searches of the body cavities should be avoided wherever possible. CCTV cameras ought to be utilized with consideration for the privacy and dignity of female detainees. For each prisoner, a documented record detailing the nature and frequency of searches should be maintained and be open for inspection by representatives. Human rights, sexual misconduct, and gender issues must be made clear to all employees that handle, hold, or question prisoners.

Living arrangements

Three changes of clothes, two towels, and three sets of their usual undergarments should be provided to female inmates serving sentences of no more than six months in jail. For women serving sentences longer than six months, this amount will rise to five sets of clothes, three towels, and five sets of the usual undergarments. Prisoners ought to have the freedom to select their preferred style of dress from a selection of possibilities. These should, at the at least, consist of light-colored—not necessarily white—sarees with blouses and petticoats, kurtas with salwar and dupattas, and shirts with trouser/long skirts.

For a year following birth, women in the post-natal phase must live apart from other people in order to uphold a specific level of hygiene and shield the unborn child from infections and other illnesses. Furthermore, In addition, it is necessary to keep sick female inmates apart for their own health.

Improvement of health and nutrition

Women must undergo thorough health screenings upon admission, taking into account their rights to confidentiality, privacy, and dignity, as well as their ability to decline screening. This will assist in determining any health concerns, provide appropriate care, and creating a customized food and health plan for the prisoner. Testing needs to be done routinely after that. Comprehensive medical examinations should be performed annually, on a monthly basis, and inmates should always have access to a female medical officer for examinations, tests, treatments, and other needs. Women should have regular papanicolaou testing and screening for gynecological and breast cancers. Should the female medical officer not be available, the inmate will be moved to the closest hospital with a female physician on staff. Rather than being held in prison, women with mental health concerns should be moved to appropriate institutions. Female psychologists and counselors should be available to prisoners at least once a week, or more often if necessary. Particularly, first-time offenders need to receive counseling upon admission in order to reduce recidivism. Women incarcerated should be provided with free, maximum-quantity, sterilized sanitary pads based on their needs. It is necessary to provide information about HIV, STD, and other gender-specific disease prevention strategies. To efficiently handle crises and minor concerns, jail staff members are required to complete mandatory training in gender-specific needs of women, first aid, and basic medicine.

Children of women prisoners

If the woman has a kid, consideration should be given to her caregiving responsibilities when choosing the jail, and the woman should be given the option to choose the prison as much as possible. It is imperative that children incarcerated are not made to feel like criminals. It is the responsibility of the administration to make sure that the facilities are suitable for the children in their care. To make sure that kids incarcerated have access to the necessities of education, daycare, entertainment, and a healthy lifestyle, NGOs, schools, and pediatricians can get involved. Prison administration will make every effort to establish an environment that is as similar to home as feasible for youngsters. As close as feasible to that of an incarcerated child. For example, spacious rooms with enough natural light, minimal security measures, an outdoor play area, the chance to interact with peers outside of prison if it isn’t possible within, etc. Regular inspections of these facilities are required by the Board of Visitors. The greatest amount of time permitted for female inmates to spend with their children while they are incarcerated must be given to these women. In order to track their physical development and state of both physical and mental health, children should be fed a particular diet and see a Lady Medical Officer on a monthly basis. Depending on their needs, they ought to be able to contact a Lady Medical Officer. Whether they are visiting or incarcerated, children should never handled like a prisoner. When searching youngsters, prison staff members must act with dignity, compassion, and respect. Children should never be subjected to body cavity searches.

Conclusion

In order to assist women inmates in making a successful transition back into society after serving their sentences, rehabilitation and reintegration programs must be the primary focus. Offering mental health care, counseling, vocational training, and educational opportunities can help lower the recidivism rates of incarcerated women. Furthermore, fostering a secure and encouraging environment in correctional facilities is essential to inmates’ wellbeing and a smooth transition back into society. Mental health issues among inmates are a global phenomena that affects nearly every country in the world. “Compared to women in the general population, women incarcerated have a five-fold increased risk of mental health disorders”. Psychological illnesses, including poor mental health, depression, stress, aggression, and psychological illness, are common among women incarcerated Among female inmates, psychotic disease, bipolar disorder, personality problems, and substance dependence are also quite prevalent .Women who are incarcerated face more particular health issues than men do, as well as restricted access to prison health services . According to a national survey carried out in the United Kingdom, there were significant challenges in providing care for inmates with mental diseases and comparable degrees of impairment among those with psychiatric morbidity. Inmates frequently enquire. Prisoners require instruction and preparation. Teaching them to read and write is just one aspect of this; another is developing and imparting skills that they will need when they are released from prison . This is consistent with research , which indicates that women incarcerated should get appropriate training to prepare them for whatever challenges they may encounter upon release. The greatest need identified by multiple lists of needs for female convicts is skill training (coping, interpersonal, regulatory influence, and anger management), in addition to drug misuse therapy. This has to do with past drug misuse, worries, and terrible situations that inmates have gone through. Recidivism rates were successfully decreased, and prisoner employment chances increased as a result of the training program .

References

1.https://vikaspedia.in/social-welfare/women-and-child-development/women-development-1/women-in-prisons

2.https://www.researchgate.net/publication/377305628_A_Socio-Legal_Study_on_the_Condition_of_Women_Prisoners_and_Their_Children_in_India#:~:text=Several%20empirical%20studies%20have%20been,existing%20laws%20in%20this%20regard.&text=Content%20may%20be%20subject%20to%20copyright.

3.https://prisonreformtrust.org.uk/project/women-the-criminal-justice-system/

4.https://womenalliance.org/the-situation-of-women-in-prison/

5.https://www.aclu.org/news/womens-rights/heres-how-prison-and-jail-systems-brutalize-women

6.https://academic.oup.com/book/34697/chapter-abstract/296170490?redirectedFrom=fulltext

7.https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10113576/

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Judgement Analysis Written by – K.Immey Grace

 

 

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“Assam’s NRC: A Stirring Revelation of Legal Struggles, Humanitarian Dilemmas, and the Battle for Identity Amidst the Chaos of India’s Northeast”

Articles

Abstract

The National Register of Citizen (NRC) is a controversial endeavour decreed by the Government of India to identify Indian Citizen residing within the country and detect undocumented, illegal immigrants, especially in Assam where the issues of illegal immigrants are abiding. This article delves into a detailed review and the implementation of NRC in Assam. It scrupulously inspects the pertinent legislation, traces the eligibility prerequisites, and traces the daunting challenges stumbled upon throughout the implementation phase. Furthermore, this article delves into a multifaceted realm of the NRC elucidating its profound social, political, and human rights repercussions. By exploring through the complexities around the implementation of NRC, this article strives to provide a meticulous understanding of its implications within the broader societal context.

Introduction

Assam, a state nestled in the North-Eastern region of India, holds a rich tapestry of migration and undetected, undocumented, and illegal immigrants throughout the state. The NRC process was a collaborative effort of the Government of India, Supreme Court of India, the Registrar General of India, and other Governmental bodies to ensure the smooth and well managed implementation of the NRC. Aftermath of the Bangladesh Liberation War in 1971 catalysed intensified concerns about the influx of immigrants from Bangladesh to Assam who were entering Assam without proper documentation or authorization. In response to the elevating concerns of the illegal migration, the Assam accord was inked in 1985, serving as a crucial agreement between the Government of India and the student leaders. The Assam accord emphasized on expelling people who were considered foreigners, especially those who infiltered Assam post the crucial date of 24th March, 1971. One of the most significant movements, Post-Colonial India was the Assam Movement mainly led by the students of Assam. The movement was started in the year 1979 by the All Assam Students Union (AASU) and the All Assam Gana Sangram Parishad (AAGSP), aiming to address the concerns about the illegal immigrants. It lingered for a long period of sustained protests, political instability, and occasional ethnic violence for six years. The movement concluded in the signing of the Assam accord in the year 1985. This agreement between the Government of India and the movement leaders established a framework to identify and deport the illegal immigrants in Assam. The patrimony of the movement was marked by the sacrifice of approximately 860 lives (according to the AASU) who died in the pursuit of the “Infiltration-Free Assam” in the year 1979-1985 Assam agitation[1].

It is within the historical aspect that the NRC emerged as a critical mechanism aimed at tussling with the complexities of illegal immigration. Deliberated as a tool of for identifying the illegal, undocumented, and unauthorized immigrants in Assam, the implementation of the NRC holds esoteric repercussions for the demographic medley, political domain, and the societal fabric of the state.  The NRC strives to draw a clear line between the bona-fide Indian citizens and the illegal immigrants of the state offering legal validation to the former while expatriating the latter.

Thus, the implementation of the NRC outstrips the domain of the administrative process, assuming a wrap of dominance in shaping the state’s socio-political landscape.

Legal Framework

The legal framework of citizenship and immigration in India is outlined through a series of legislative enactments, each playing a crucial role in shaping the silhouette of citizenship determination and immigration regulation.

  1. The Citizenship Amendment Act, 1955 stands as the cornerstone of the citizenship framework of India, providing a comprehensive structure governing the acquisition, renunciation, and the determination of the citizens of India. Encompassing its purview, the CAA outlines methods such as the birthright, descent, registration, and the naturalization of the citizens of India for acquiring the Indian Citizenship. The CAA sets forth the criteria and procedural mechanism which enables individuals to attain the citizenship of India, thereby forming the bedrock of citizenship in the country. Recently, the Citizenship Amendment Bill (CAB) was passed on 19th December, 2019, in the upper house of the parliament which was duly approved by the lower house of the parliament prior, with a vote of 125 in favour and 105 members against the same. Under the provisions which are amended, the illegal immigrants who have pierced through the borders of India without proper authorization, valid passports or identification documents or have proper authorization, valid passports or identification documents but have stayed beyond the permitted duration are tagged as foreigners. Such foreigners are subjected to deportation or imprisonment as per law.[2]
  2. The Foreigners’ Act of 1946 endows the Government with the jurisdiction to regulate the entry, stay and egress of the non-citizens of India from the country. This legislation empowers the Government to institute measures for controlling the influx of the foreigners in the country and their repatriation in instances of prolonged stay in the country as well as the unlawful entry in the country. Thus, the foreigners’ Act serves a crucial role in managing immigration and fortifying the national borders.
  3. The Illegal Migrants (Determination by Tribunals) Act of 1983, was enacted due to the elevated concerns of illegal immigration into Assam to address the challenge faced by the state in tracing and deporting the illegal immigrants from the state. This legislation established special tribunals, also known as the Foreigners Tribunals, which adjudicated the disputes related to the citizenship of India and detecting the status of the individuals who are under the suspicion of being the illegal immigrants in the country. In a nutshell, this act played a crucial role in detecting and repatriating the illegal immigrants, especially in Assam.[3]

Collectively, these laws constitute the legal framework for India’s citizenship and immigration policies. These laws play a crucial role, especially in Assam due to its shared borders with neighbouring countries like Bangladesh, leading to the concerns relating to the illegal immigration over the years.

Implementation Process

The scrupulous implementation process of the implementation of the NRC in Assam unfolded a sequence of clearly defined stages, each crucial for the maintenance of precision and fairness.

  1. Preparation and Publication of Draft NRC

The initiation of the NRC in Assam marked the beginning of a thorough enumeration effort aiming to determine the residency status of an individual residing within the Assam region. This juncture involved collection of documentation to verify the credential of citizenship. The initial version of the draft was revealed in December,2017, indicating the official onset of the process. Subsequent drafts were unveiled demonstrating a scrupulous approach towards retrieving the details of each individual.

  1. Claims and Objections

Post the publication of the NRC draft list, a critical phase ensued allowing individuals to rectify any inaccuracies or raise objections regarding any wrongful insertion. This phase involved extensive scrutiny and verification of the documents submitted by the individuals. It aimed at upholding the accuracy of the register.

  1. Finalization of NRC

The process of the NRC update arrived at its conclusion when the final list was published in August, 2019. This contained the names of the individuals who, based on the stringent criteria fixed by the NRC authorities, were recognised as well as categorised as Indian Citizens. Those individuals who were omitted from the list were given a leverage to appeal their cases before the appropriate Foreigners’ Tribunals, ensuring due process and recourse.

  1. Inclusion and Exclusion Criteria

Throughout the process of implementation of the NRC, the authorities of the NRC scrupulously outlined the criteria governing both the inclusion and the exclusion from the register. These criteria leaned on the submission and verification of various documents including the birth certificates, voters’ list and land records of the individuals. Despite the aim for ensuring accuracy in the process, it faced criticism for being way too complex and burdened the marginalized communities disproportionately.

The implementation of the NRC in Assam highlighted a strenuous effort to address the lingering concerns regarding the citizenship and immigration, amidst the challenges and scrutiny. It aimed at achieving a balance between the thorough documentation and ensuring equal access to the citizenship status incorporating fairness.

Challenges 

The implementation of the NRC in Assam faced a multitude of procedural, legal and administrative challenges, and humanitarian concern.

  1. Procedural Challenges

The NRC update process faced a lot of procedural challenges ranging from logistical impediments such as delays and technical glitches to documental inconsistencies. These challenges were further exacerbated by inadequate infrastructure and trained personnels. It further complicated the already complex process of verifying the citizenship status. The insufficiency in the infrastructure presented a major obstacle as the number of documents were enormous.

  1. Legal Challenges

One of the significant obstacles were the legal challenges, casting doubts on the transparency and fairness of the process of verification. Issues regarding the legitimacy of the citizenship claims led to litigation for a prolonged period, as the aggrieved parties sought appeal regarding their inclusion and exclusion from the register.

  1. Administrative Challenges

The gauzy scale of collection and verification of data posed daunting administrative challenges. Overwhelmed by the surge in application and the critical need for scrupulous scrutiny, administrative capabilities were strained resulting in bottlenecks and delays in processing. Effectively managing this mammoth demanded innovative solutions to streamline operations and accelerate the process of verification.

  1. Humanitarian Concerns

The implementation of the NRC precipitated a significant humanitarian concern, particularly relating to the situation of individuals excluded from the final list. The vulnerable communities were majorly concerned about the detention and deportation from the country, leading to their insecurities. There was a continuous threat of displacement and marginalization which required a right-based approach to hold up the Humanitarian fall out of the NRC implementation.

 International Perspective

  1. The NRC in Assam was compared with the analogous exercises in other Countries such as Myanmar’s National Population Register and Nepal’s Census-Based Citizenship Verification. These comparisons elucidated various methods for the purpose of citizenship determination and their potential implications.
  2. The NRC in Assam garnered international attention with Human Rights Organisations and Foreign Administrations closely monitoring proceedings. Apprehensions were raised regarding the potential humanitarian fallout and its impact on regional equilibrium.

Case Laws

 The case of Assam Public Works Vs. The Union of India & Ors. WP(C) 274/2009 (J R. G., 2019), with the Five-bench quorum consisting of CJI D Y Chandrachud, Justice Surya Kant, Justice M.M. Sundresh, Justice J.B. Pardiwala and Justice Manoj Mishra, the petitioners being the Assam Public Works, through their counsel Advocate Mukul Kumar and the respondents being the Union of India, the State of Assam, the Election Commission of India, the Asom Gana Parishad, the Citizens Rights Preservation Committee and Dr. Himanta Biswa Sharma.

The key issues of this case are as follows-

  1. Whether Section 6A of the Citizenship Amendment Act grants citizenship arbitrarily?
  2. Whether Section 6A of the Citizenship Amendment Act dilute the political rights of the Assamese Citizens?
  3. Whether Section 6A of the Citizenship Amendment Act violate the right to equality under the Article 14 of the Constitution of India?
  4. Whether Section 6A of the Citizenship Amendment Act violate the Rule of Law since it provides a way to political expediency and not to the Government?
  5. Whether a throng of migrants who have enjoyed citizenship rights for over 40 years be granted relied in the said case?
  6. Whether the Immigrants (Expulsion from Assam) Act of 1950 be solely applied to the illegal immigrants of Assam while excluding the general Foreigners Act and the Foreigners (Tribunals) Order, 1964?

The Legal Provisions of this case includes –

  1. Article 14 (Right to Equality) of the Constitution of India[4]
  2. Article 21 (Right to life and Personal Liberty) of the Constitution of India[5]
  3. Article 355 (Duty of the union to protect states against external aggression and internal disturbances)[6]
  4. Foreigners’ Act, 1946 – This act states the provisions related to the detention, detection, deportation, and other such related matters concerning the foreigners residing in India illegally.
  5. Illegal Migrants (Determination by Tribunals) Act, 1983 – This act states the provisions for establishment of Tribunals for determining the status of the illegal migrants in Assam.

Judgment of the Court

The court observed that the updating process of the NRC was a prominent step towards handling the issues of the illegal migration in Assam. However, it was observant by the court that the implementation of the NRC had a lot of deficiency and challenges including delays, errors and the elimination of the genuine Indian Citizens from the list.

The court in its judgment directed that the State Government of Assam and the Government of India are to take necessary steps in the completion of the NRC updating process within a limited period of time and ensure that the genuine citizens of India are not omitted from the final list.[7]

The case of Assam Sanmilita Mahasangha Vs. Union of India WP (Civil) No. 274 of 2009, (J R. N., 2014) consisted of a bench including Justice R.F. Nariman and Justice Ranjan Gogoi dealt with the constitutional validity of the NRC and the issues related with the implementation of the NRC. The Supreme Court of India observed that the Article 355 of the Constitution of India had been violated and that the Union had failed to protect the State of Assam from the external aggression and the internal disturbances created by huge number of illegal immigrants piercing through the border of the State from Bangladesh to Assam. The court also observed that the 1983 act was violative of the Article 14 of the Indian Constitution. The Court in the end, directed the state for a fair and transparent NRC process. [8]

Conclusion

The implementation of NRC in Assam encountered numerous challenges spanning logistical hurdles to socio-political tensions. While it intended to address the issue of illegal immigration, its effects on the marginalised communities and civil liberties prompted serious concerns about its efficacy and equity.

Moving forward, there is a pressing demand for more inclusive and transparent approach for the determination of the citizens in Assam. Policy reforms, coupled with initiatives safeguarding human rights and fostering communal harmony are essential for tackling the underlying causes of the unlawful immigration in the country while ensuring the principles of Justice and Equality.

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Written by – Sruti Sikha Maharana

References:

J, R. G. (2019, August 13). Indian Kanoon. Retrieved from IndianKanoon.org: https://indiankanoon.org/doc/135202420/

J, R. N. (2014, December 17). Indian Kanoon. Retrieved from IndianKanoon.org: https://indiankanoon.org/doc/50798357/

[1] https://assamaccord.assam.gov.in/portlets/martyrs-of-assam-agitation

[2] https://www.bbc.com/news/world-asia-india-50670393

[3] https://indianexpress.com/article/opinion/40-years-ago/february-03-forty-years-ago-assams-tribunal-act-9141497/

[4] https://indiankanoon.org/doc/367586/

[5] https://indiankanoon.org/doc/1199182/

[6] https://indiankanoon.org/doc/490234/

[7] https://www.livelaw.in/pdf_upload/pdf_upload-363121.pdf

[8] https://indiankanoon.org/doc/2271297/

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“A Critical Study on The Complexities and Challenges in the Indian Premier League (IPL)”

Articles , , , , , , , , 2

ABSTRACT

The Indian Premier League (IPL) is not only a cricketing extravaganza but also a melting pot of legal complexities, where battles over copyright, broadcasting rights, brand logos, and betting regulations unfold. As one of the most lucrative sporting events globally, the IPL presents a myriad of legal challenges that require careful examination and analysis.
Cricket courses through the veins of every Indian, integral to the nation’s identity. It holds the title of the most beloved outdoor sport in India, captivating enthusiasts across all age groups. Moreover, India stands as a trailblazer in modern cricket, particularly in the inception of T20 cricket, with the Indian Premier League (IPL) pioneering its global rise.

In today’s technologically advanced era, statistical analysis plays a pivotal role in sports. This research paper delves into match outcomes, exploring diverse factors including toss analysis, seasonal match counts, team performances, and the venues hosting these encounters.

INTRODUCTION

IPL & Controversies:

The Indian Premier League (IPL) has remained a stronghold in consolidating its fan base and revenue over the seasons, despite being marred by controversies. From its inception in 2008, the league has witnessed various incidents that have cast shadows on its reputation. One such controversy arose during the inaugural edition when Harbhajan Singh, a prominent spinner, slapped Sreesanth, an opponent pacer, during a customary handshake after a match. Following a thorough investigation, Harbhajan Singh was banned for the rest of the IPL season. This incident, coupled with his previous involvement in controversies such as the ‘monkey gate’ incident with Australian cricketer Andrew Symonds, tarnished the league’s image. The IPL’s response to such behaviour should have been more stringent to maintain the league’s credibility and deter indiscipline among players.

Another contentious issue was the ban on Pakistani players from participating in the league following the 26/11 terror attack. While the ban may have been politically motivated, it hindered the league’s potential popularity in Pakistan and failed to serve as a bridge for improving bilateral relations through cricket, as some advocates believed.

The sacking of Lalit Modi, the ex-chairman of IPL, in 2010 further shook the league’s credibility. Modi was ousted due to multiple charges, including rigging IPL bidding rights and financial irregularities. His removal had implications for the league’s integrity and raised questions about the fairness of matches.

Subsequent years saw the league embroiled in fixing scandals, with allegations of spot-fixing, match-fixing, and betting charges involving players and management personnel. These controversies damaged the league’s reputation and undermined the spirit of fair play.

Furthermore, issues like the ban on Chennai Super Kings (CSK) and Rajasthan Royals over match-fixing scandals in 2015, and instances of poor conduct by players, including altercations and drug-related incidents, have continued to challenge the IPL’s integrity.

Despite its success, the IPL faces the challenge of maintaining its allure amidst growing competition from other cricket leagues worldwide. While it has dominated the cricketing landscape, the emergence of leagues like Australia’s Big Bash League (BBL) and Pakistan Super League (PSL) has increased clutter in the cricketing calendar.

To address this, the IPL must innovate and adapt to changing dynamics while retaining its core values. Moreover, it should prioritize transparency and integrity in its operations to regain public trust. Additionally, the league can explore opportunities to promote diversity and inclusivity by involving players from non-cricketing communities and regions.

Ultimately, the IPL’s ability to navigate controversies, uphold ethical standards, and foster inclusivity will determine its long-term success and significance beyond cricket.

Copyright Battles: Protecting Intellectual Property

One of the foremost legal issues in the IPL revolves around copyright protection. The league is a treasure trove of intellectual property, including broadcasting rights, team logos, player images, and match footage. These assets are fiercely protected by the IPL governing body and individual franchises, who employ various legal mechanisms to safeguard their rights.

Unauthorized broadcasting and streaming of IPL matches are rampant, leading to copyright infringement disputes. The IPL takes stringent measures to combat piracy, including legal action against unauthorized broadcasters and digital platforms. Through cease-and-desist orders and litigation, the league strives to uphold its exclusive broadcasting rights and preserve the value of its content.

Similarly, the use of team logos and player images without authorization constitutes copyright infringement. Franchises invest substantial resources in building their brand identities, and any unauthorized use or misappropriation of their intellectual property is met with swift legal action. From merchandise counterfeiting to unauthorized endorsements, IPL teams remain vigilant in protecting their trademarks and copyrights.

Shielding the IPL with Intellectual Property Rights (IPR)

Sports have been an integral part of human society since ancient times, but it is only in recent years that they have gained widespread recognition and importance on a global scale. It’s evident worldwide that sports, when treated as a full-fledged industry, can contribute significantly to a country’s GDP, ranging from 1 to 5 percent. When discussing sports, one name that undoubtedly dominates the conversation is Cricket. In India, Cricket holds a revered status, often described as a religion due to the passionate following it commands. The sheer popularity of the sport is exemplified by the existence of the Indian Premier League (IPL), which has enjoyed immense success since its inception in 2008.

The economic impact of cricket in India is undeniable, with substantial investments made in teams, merchandise, and infrastructure owing to the nation’s fervent love for the game. The IPL, with its vibrant ecosystem, including a dedicated website offering news, match reports, interviews, and interactive features like pre-match polls, serves as a testament to the sport’s commercial potential. However, without robust intellectual property rights (IPR) protection, this thriving industry is susceptible to exploitation by unauthorized parties, depriving creators of their rightful recognition and rewards.

IPR plays a pivotal role in safeguarding the IPL’s assets, ranging from brand names and team logos to slogans and taglines. By securing trademarks and copyrights, IPL teams ensure that their identities remain protected against infringement and misuse. Moreover, IPR protection enhances the marketability and value of teams, fostering a sense of trust and loyalty among fans.

In the competitive landscape of sports branding, where recognition and reputation are paramount, diligent IP protection is non-negotiable. IPL teams invest significant resources in building and promoting their brand identities, and any unauthorized use or imitation can dilute their uniqueness and erode their market position. Therefore, proactive measures such as trademark registration, copyright protection, and vigilant monitoring of infringements are essential to maintain the integrity and exclusivity of IPL assets.

The IPL serves as a prime example of how sports can transcend mere entertainment to become a thriving industry with far-reaching economic implications. However, to sustain this growth and protect the interests of stakeholders, including teams, sponsors, and fans, robust intellectual property rights enforcement is imperative. By fortifying the IPL with a shield of IPR, stakeholders can ensure that the league continues to thrive as a beacon of sporting excellence and innovation in the global arena.

In today’s era Intellect needs protection too and there is no business that can run successfully without the shelter of intellectual property law. In Cricket, among all the intellectual property rights, i) Copyright ii) Design and iii) Trademark is required to be protected.

Copyright- Copyright refers to the exclusive right in an “original literary work”, to do or authorize the doing of work pertaining to literary, dramatic, musical and artistic works and the producers of cinematograph films and sound recordings Copyright might be used in IPL to protect:

  • Exclusive Photographs of events, teams and athletes.
    • Published results.
    • IPL title track.

Broadcasting Rights: Legal Battles for Market Dominance

The acquisition of broadcasting rights is a fiercely contested battleground in the IPL arena. Media giants vie for exclusive rights to telecast IPL matches, offering lucrative deals to secure a competitive edge. Legal disputes often arise between broadcasters, IPL authorities, and regulatory bodies over licensing agreements, revenue sharing models, and broadcast territories.

In recent years, the emergence of digital streaming platforms has disrupted the traditional broadcasting landscape, further complicating legal matters. Digital rights holders compete with traditional broadcasters for viewership and advertising revenue, leading to complex negotiations and legal wrangling over streaming rights and distribution channels.

Regulatory compliance is another key aspect of broadcasting rights, with authorities imposing strict guidelines to ensure fair competition and consumer protection. Broadcasting regulations, content licensing agreements, and anti-competitive practices are subject to legal scrutiny, requiring broadcasters to navigate a complex legal framework to remain compliant.

Betting and Match-Fixing: Upholding Integrity in Sports

The specter of betting and match-fixing looms large over the IPL, posing significant legal and ethical challenges. Despite stringent regulations and anti-corruption measures, incidents of spot-fixing and illegal betting tarnish the league’s reputation and integrity. Legal authorities collaborate with IPL governing bodies and law enforcement agencies to combat match-fixing, imposing severe penalties on offenders and implementing preventive measures to safeguard the sanctity of the sport.

Regulatory bodies such as the Board of Control for Cricket in India (BCCI) and the IPL Anti-Corruption Unit (ACU) play a crucial role in monitoring and enforcing compliance with anti-corruption regulations. Through education, surveillance, and intelligence gathering, these entities strive to maintain a level playing field and preserve the integrity of IPL matches.

The proliferation of online sports betting platforms in India has raised concerns about the vulnerability of Indian bettors to financial losses. The accessibility of these platforms, particularly during the Indian Premier League (IPL) season, coupled with aggressive marketing tactics promising quick wealth, can tempt individuals to place bets exceeding their financial capacity. Unlike established betting markets, many Indian bettors may lack familiarity with the intricacies of sports betting odds and probabilities, leading to impulsive decisions and potential consequences.

Gaurav Bhalla, head of the Technology, Intellectual Property, Data Protection, and Gaming practice areas at Ahlawat & Associates, emphasized the need for effective government intervention to differentiate between betting platforms and games of skill. Bhalla suggested the establishment of a regulated state-run lottery, akin to models implemented in some states, to mitigate the risks associated with online betting.

However, the legality of online betting in India remains a complex issue. Bhalla highlighted the varying legal frameworks across states, with some states imposing fines and imprisonment for betting activities, while others regulate online gaming platforms offering games of skill. The absence of uniform regulation leaves users navigating legal uncertainties, with implications varying depending on their geographical location.

Despite legal ambiguities, the popularity of online betting platforms in India continues to soar, fueled by marketing strategies and sponsorship deals with prominent sports teams. Bhalla attributed the operation of these platforms to legal loopholes, particularly under The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which lacks regulatory oversight. The absence of self-regulatory bodies authorized to determine the legality of online gaming platforms contributes to the widespread marketing of these services.

Regarding sports betting legislation in India, Bhalla clarified that while no specific law addresses sports betting, existing central and state legislations govern aspects of betting and gambling. Some laws impose complete bans, while others outline regulatory mechanisms for licensed operation. Bhalla advised users to exercise caution and conduct due diligence when engaging with online platforms to avoid potential scams. Similarly, he recommended legal consultation for companies intending to establish online betting platforms to navigate regulatory complexities effectively.

Case laws:

Comparison and Risk Analysis in Trademark Infringement Cases

Investment and risk are intrinsic to any business, particularly in the realm of iconic brands where stakes are high. Successful businesses thrive on calculated risk management, and astute entrepreneurs prioritize the protection of intellectual property rights as a fundamental aspect of risk mitigation.

In the case of PayPal vs. PayTM, PayPal alleges trademark infringement by PayTM, asserting that PayTM has capitalized on PayPal’s brand recognition and market value, thereby engaging in passing off. While such claims are common among complainants, this case presents a unique dynamic. PayTM has achieved widespread recognition among everyday consumers, including workers, grocers, and Uber drivers, who frequently encounter the brand in their daily lives. In contrast, PayPal’s presence in India has been primarily limited to eBay shoppers, freelancers, and IT professionals with global exposure.

The timing of PayPal’s legal action is crucial. Had PayPal initiated a trademark infringement lawsuit before Paytm’s meteoric rise to household name status, the outcome might have been more favorable. However, given Paytm’s entrenched position in the market, PayPal faces an uphill battle. Despite PayPal’s global stature, Paytm’s dominance in the Indian market significantly strengthens its position in any legal dispute.

The scenario underscores the importance of timely and strategic legal action in safeguarding trademark rights. For IPL, a brand of epic proportions, similar risks exist. Third parties may attempt to exploit the IPL brand by selling counterfeit products or providing unauthorized services. Without robust trademark registration, the original brand owner would struggle to defend its rights in court or demonstrate financial harm resulting from third-party infringement.

In essence, proactive trademark registration and vigilant enforcement are essential for protecting the integrity and value of iconic brands like IPL. By preemptively addressing potential infringement issues and establishing legal precedence, brand owners can safeguard their interests and preserve their market position against unauthorized exploitation.

CRITICAL ANALYSIS

IPL, akin to the English Premier League (EPL) in football, has carved its own niche in the cricketing arena. It seamlessly integrates sports and entertainment, offering cricket enthusiasts a captivating platform. Notably, IPL has emerged as a springboard for young, talented players who aspire to pursue their passion and convert their skills into lucrative opportunities, benefiting both themselves and investors alike.

The evolving landscape of intellectual property rights (IPR) in sports has prompted the Board of Control for Cricket in India (BCCI) and IPL team owners to prioritize meticulous organization and management of the tournament. Despite the strides made in protecting intellectual property, external factors such as betting have cast a shadow over the league’s integrity. Instances involving prominent personalities like Raj Kundra, Vindu Dara Singh, and Arbaaz Khan, as well as player controversies like the lifetime ban imposed on Sreesanth by the BCCI, underscore the challenges faced by IPL stakeholders.

Recognizing the significance of IPL protection in sports, the author underscores the pivotal role of IP registration as a cornerstone of business and franchise safeguarding. The IPL’s website terms and conditions reflect BCCI’s commitment to ensuring the protection of IPL franchises, highlighting the proactive measures undertaken to uphold the league’s integrity and interests.

AFTERMATH

The Indian Premier League (IPL) has undeniably transformed the cricketing landscape, becoming a leader in revenue generation and granting significant influence to the Board of Control for Cricket in India (BCCI). Priyadharshi (2015) emphasizes the necessity for innovation to stay ahead of the increasing competition in cricket. With the emergence of various foreign leagues such as Cricket Australia’s Big Bash League (BBL), Pakistan Super League (PSL), England’s NatWest T20 Blast, West Indies CPL, and Bangladesh’s BPL, viewers now have numerous options, leading to a cluttered cricketing calendar.

While the IPL maintains an edge over other leagues, the proliferation of alternatives poses a challenge. Each league has its unique impact on the cricketing world. For instance, the BBL, initiated in 2011, mirrors the IPL’s format and success. Following IPL’s global triumph, BCCI’s sway in cricketing decisions has surged, eclipsing the dominance of traditional cricketing boards like those of Australia and England. Witnessing the triumph of IPL and BBL, other cricketing nations have initiated their leagues. Notably, the West Indies established the Caribbean Premier League (CPL) in 2013, while England launched the professional T20 Blast in 2014, aiming to compete with IPL’s global influence.

Despite IPL’s success, sustaining its allure amidst the influx of cricketing leagues remains a formidable task. In response, leagues like Abu Dhabi T10, featuring shorter matches, have emerged. The challenge for IPL lies in preserving its brand power amid this clutter. Notably, renowned players like Eoin Morgan, Andre Russell, Shane Watson, and Keiron Pollard have made their mark globally. However, IPL’s failure to provide fair opportunities to players like Yuvraj Singh raises concerns about retaining stalwarts post-retirement.

Similar to WWE’s experience, wherein the departure of iconic wrestlers led to a decline in its allure, IPL must be vigilant against such threats from foreign leagues. Retaining stalwarts’ post-retirement through coaching or administrative roles can enhance the league’s brand image and maintain fan engagement. By adopting strategic marketing implications, IPL can ensure continued fan loyalty and relevance in the global cricketing landscape.

CONCLUSION:

In conclusion, the IPL is not just a cricketing spectacle but also a legal labyrinth fraught with complexities and challenges. From copyright battles and broadcasting rights disputes to betting regulations and match-fixing concerns, the league grapples with a myriad of legal issues that require vigilant oversight and proactive measures. Through collaboration between IPL authorities, legal experts, and regulatory bodies, the league endeavours to uphold the rule of law, protect intellectual property rights, and preserve the integrity of the sport. As the IPL continues to evolve, legal frameworks will need to adapt to emerging challenges, ensuring that cricket’s crown jewel remains a beacon of excellence and integrity in the global sporting arena.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written by- Chiraag K A

References:

[1] Insights of IPL: 2008 to 2020 and why it is interesting (Conference Paper · August 2021) &

[2] www.iplt20.com & www.icc-cricket.com

[3] TATA Indian Premier League 2023 Brand and Content Protection Guidelines Public Advisory Document.

[4] https://www.abacademies.org/abstract/a-critical-study-on-indian-premier-league-ipl-and-its-marketing-implication-to-overcome-the-challenges-of-controversy-cl-9576.html

[5] https://blog.ipleaders.in/intellectual-property-rights-in-ipl/

[6] https://www.legalserviceindia.com/legal/article-274-shield-of-ipr-around-ipl.html

[7] https://brandequity.economictimes.indiatimes.com/blog/ipl-media-rights-a-true-win-win-for-all/92480289

[8] How sustainable is the strategy of the Indian Premier League – IPL? A critical review of 10 key issues that impact the IPL Strategy by Shashi Kapada

[9] IPL: Birth of Cricketainment A case study on sports marketing by Board of Control for Cricket in India

[10] https://www.wikipedia.org/

0

“Standardizing International boundaries: Navigating International Commercial Disputes Through Arbitration.”

Articles , , , ,

Businesses that expand into international markets are susceptible to legal disputes brought on by differences in laws, rules, and corporate procedures as well as errors of thought, language, and cultural hurdles. Companies that deal with cross-border disputes may require the assistance of legal specialists to address such challenges. 

Arbitration has become a widely accepted form of dispute settlement on a global scale in the last several decades. It is becoming the main technique for resolving business conflicts. The combination of global economic expansion and technological advancements has made arbitration a successful dispute resolution process. 

This article examines at the notion of international business arbitration, how it functions, and how it sets itself apart from other means of settling disputes. 

 

OVERVIEW: 

The process of resolving disputes between parties in various countries by an arbitrator or panel of arbitrators is known as international commercial arbitration. It entails bringing the disagreement before arbitration rather than a court of law. A ruling on the dispute will be binding and made by the arbitrator or panel of arbitrators. 

To further break it down, it is comparable to a worldwide courtroom where corporations battle it out is international commercial arbitration. We have arbitrators who decide conflicts in secret rather than gavels and powdered wigs. You don’t have to reveal your cards to everyone, much like in a refined game of poker 

The swift advancement of international commercial arbitration has compelled national legal systems to accommodate it and establish supportive legislative frameworks that enable it to thrive. It has been correctly stated that there was a competitive phase between the legislature and judiciary in the 1980s and 1990s as they all attempted to draw in more international arbitration. The two primary outcomes of this competition were the modernization and liberalisation of arbitration systems and the transfer of international arbitration’s advantageous status to domestic courts.  

 

HISTORICAL DEVELOPMENT: 

The Jay Treaty (1794) between Great Britain and the United States, which established three arbitral commissions to settle disputes and questions coming out of the American Revolution, is credited with helping to shape modern international arbitration.  

 Ad hoc arbitration courts were created in the 19th century as a result of several arbitral agreements that were reached, allowing them to handle a large volume of claims or particular instances. The most important was the arbitration of Alabama claims under the terms of the Treaty of Washington (1871), wherein the United States and Great Britain agreed to resolve disputes resulting from Great Britain’s failure to uphold its neutrality during the American Civil War.  

Established in The Hague in 1899, the Permanent Court of Arbitration is made up of a panel of jurists nominated by the member nations, from which the claimant governments choose the arbitrators. 

 

PROCESS FOR INTERNATIONAL COMMERCIAL ARBITRATION: 

International Commercial Arbitration is like a global courtroom where businesses duke it out. Instead of powdered wigs and gavels, we’ve got arbitrators who settle disputes privately. Here’s how it works- 

  1. AGREEMENT: An arbitration agreement is normally signed by the parties to the dispute at the start of the international commercial arbitration process. The rules of procedure, the selection of the arbitrator or arbitrators, and the arbitration location are all outlined in this agreement, detailing the terms and conditions of the arbitration process.   
  2.  ARBITRATORS: The arbitration procedure might start after the agreement is signed. Once the arbitrator or panel of arbitrators has heard all of the arguments and supporting documentation, they will decide how to resolve the disagreement. The only situations in which this decision can be contested are those in which there was a significant irregularity in the arbitration procedure or in which the conclusion is against public policy. Otherwise, this decision is final and binding.   
  3.  GOVERNANCE: The United Nations Committee on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration is one of the international conventions and national legislation that govern international commercial arbitration. A thorough framework for the management of international business arbitration procedures is provided by this model law. 
  4.  HEARING, DECISION AND AWARDS: During the arbitration hearing, both parties submit their witnesses, evidence, and arguments. Final Decision: Based on the facts submitted, the arbitrator or panel renders a legally binding judgement. Award: An arbitral award, which serves as documentation for the ruling, is enforceable in national courts.  

 

GENERAL PRINCIPLES: 

  • MUTUAL CONSENT: Mutual consent is necessary for the mutual process of arbitration. Only when the parties have decided to start arbitration can it begin. If applicable, the parties may use a submission agreement to add any arbitration clause they see fit. Additionally, the parties cannot end the arbitration agreement on their own. 
  • CONFIDENTIAL PROCESS: The confidentiality of the matter is particularly protected under the arbitration rule. The arbitration procedure protects confidentiality and prevents pointless disputes about the parties and case. Any information disclosed during the process could lead to judgements and prizes. Trade secrets and other sensitive material submitted to the arbitration tribunal may, under certain conditions, be subject to access restrictions set by the parties. 
  • CHOICE OF ARBITRATOR: The arbitrator that each party selects should be someone they believe is qualified to hear their case. Every party designates one arbitrator if a three-person arbitration panel has been selected by the parties. Next, the two arbitrators who were chosen will have to agree on the presiding arbitrator. In addition, the centre has the authority to directly select members of the arbitration tribunal or recommend a suitable arbitrator with the necessary experience. 

 

ADVANTAGES:  

  • Compared to typical litigation, arbitration is frequently quicker and more effective. This is due to the fact that arbitration procedures are typically more flexible and less formal than court proceedings, which may be expensive and time-consuming.  
  • By using arbitration, the disputing parties can select the arbitrator or panel of arbitrators of their choice. This entails that the parties may choose an arbitrator or arbitrators with subject-matter experience related to the issue, resulting in a better informed and equitable conclusion. 
  • Compared to typical litigation, arbitration is frequently more discreet. Since court procedures are typically open to the public, confidential information pertaining to the parties to the dispute may be disclosed. On the other hand, arbitration procedures are typically private, allowing the parties to maintain the confidentiality of the specifics of the disagreement.  

 

CASE LAWS:  

Enercon (India) Ltd. and Others v. Enercon GmbH and Another [1]:  

The Enercon case clarified the Indian courts’ authority to grant such a ruling, addressing the issue of impartiality in international commercial arbitrations. The judiciary issued directives regarding the situations in which it can intervene and emphasised the need for a balance between protecting the independence of arbitration proceedings and guaranteeing effective representation.  

This choice prompted parties to choose arbitration over other channels for resolving international disputes and helped to create a more arbitration-friendly environment. It is considered to be a landmark case in the ambit of international commercial arbitration.  

 

Bharat Aluminium Co. v. Kaiser Aluminium Technical Service, Inc. (BALCO case) [2]  

Judge intervention and party sovereignty must be delicately balanced, as highlighted by the BALCO case, a watershed moment in Indian arbitration. The principle of minimal intervention by the judiciary in arbitration proceedings was upheld by the Supreme Court in its decision. The court emphasised that arbitral decisions should be respected unless they are manifestly illegal or against public policy, and it clarified that the scope of judicial review under Section 34 of the Arbitration and Conciliation Act, 1996 is limited.  

 

Shri Lal Mahal Ltd. v. Progеtto Grano Spa [3]: 

The subject matter of this case is international commercial arbitration’s internal measures. The Supreme Court expounded upon the authority of Indian courts to provide interlocutory appeals in favour of foreign-sat arbitrations. 

 

Amееt Lalchand Shah v. Rishabh Enterprise [4]:  

The question of whether the parties might define the “seat” of arbitration through the arbitration agreement was addressed by the Bombay High Court in this particular case. The court determined the applicable criminal legislation by defining the significance of a seat carrier.  

 

CONCLUSION:  

Rapidly expanding economies need a reliable, stable dispute resolution process in order to draw in international investment. Economic actors in India and overseas have developed a strong preference for arbitration as a means of resolving disputes because of the enormous backlog of cases that are waiting in Indian courts. 

India has not always adhered to worldwide best practices in arbitration, even though it was one of the founding members of the New York Convention. But there has been a significant change in mindset during the past five years. Courts and lawmakers in India have updated the arbitration laws to reflect global best practices. The pro-arbitration stance of the courts and the enactment of the 2015, 2019, and 2021 Amendment Acts provide grounds for optimism that Indian arbitration law would soon adopt these global best practices. 

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.” 

 

Written by Riddhi S Bhora  

 

[1] Enercon (India) Ltd. and Others v. Enercon GmbH and Another (AIR 2014 SUPREME COURT 3152)  

[2] Bharat Aluminium Co. v. Kaiser Aluminium Technical Service, Inc. (BALCO case) (CIVIL APPEAL NO.7019 OF 2005) 

[3] Shri Lal Mahal Ltd. v. Progеtto Grano Spa ((2013) 115 CORLA 193) 

[4] Amееt Lalchand Shah v. Rishabh Enterprise (CIVIL APPEAL NO. 4690 OF 2018) 

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