Master New Criminal Laws For Compliance Readiness: Damini Marwah, Group Chief Legal Counsel & Chief Ethics Officer, Axis Bank

Ashima: Looking ahead to 2024, which legal developments are top of mind for you and why?

Damini Marwah: We are closely tracking the Digital Personal Data Protection Act, 2023 (DPDPA) which was enacted on August 11 2023, and is expected to be made effective in a phased manner upon notification of DPDPA provisions and Rules thereunder. The DPDPA effectively overhauls the current legal framework governing data privacy under S.43A of the Informational Technology Act, 2000 and the rules thereunder. The DPDPA focuses on regulating data fiduciaries / significant data fiduciaries engaged in processing personal data, stipulates rights of data principals including children, establishes a new data protection regulatory authority, imposes substantial penalties for contraventions, and also applies to certain categories of digital data processing activities undertaken outside India. It is important for all organisations to be in readiness for the DPDPA, including conducting gap assessments and data architecture mapping which, depending upon the volume and type of data being processed, can be an extremely time consuming and resource intensive activity.

Another area of upcoming significant legislative development is in criminal jurisprudence. The Indian Penal Code, 1860, the Indian Evidence Act 1892, and the Code of Criminal Procedure 1973 are scheduled to be replaced by three new laws namely the Bharatiya Nyaya Sanhita Bill, 2023, Bharatiya Sakshya Bill, 2023 and Bharatiya Nagarik Suraksha Sanhita Bill, 2023 (BNSS), effective July 01, 2024.  The new criminal laws seek to facilitate better collaboration between the investigative and adjudicatory processes, and also digitise various procedural aspects of the criminal legal system. It is important for in-house legal departments to familiarise themselves with the legislative developments and be in readiness for meeting the compliances under the new criminal laws.

Ashima: Which tech tools or resources do you find most valuable in your day-to-day work as a legal officer?  

Damini Marwah: Research tools like Manupatra, SCC Online, Westlaw India, and LexisNexis India provide access to a large database of case laws, statutes, regulations, and legal articles that are important for all legal practitioners undertaking research work. By leveraging these research tool, legal practitioners are able to analyse legal issues more effectively and provide comprehensive advice. 

Tools for Litigation Management and Document Management are also highly effective for streamlining voluminous workflows and efficient execution of legal tasks on a day-to-day basis.

We are also monitoring developments in AI, and I strongly believe that GenerativeAI has the potential to significantly transform the legal function. 

Ashima: What are some of the biggest challenges you face as CLO/GC in today's global legal climate, including from AI?

Damini Marwah: The pace at which the legislative and regulatory landscape is evolving is noteworthy. It is critical for in-house legal departments to continuously keep track of the increasingly complex and ever-changing statutory and regulatory environment, and constantly build in-house expertise to navigate the nuances and complexities that are associated with legislative developments.

The potential of Generative AI for the legal profession is exciting. Emergence of large volumes of structured legal data can open up multiple possibilities for enhancing productivity of legal departments, such as effectively addressing routine legal inquires, facilitating standard contract negotiation, summarising legislative changes. Advancements in this space should be monitored closely to embrace technology in a strategic manner and derive benefit for the in-house legal department. 

It is also important for in-house legal department and external law firms to have long terms effective collaboration and partnership. Disruptive events, such as exit of key partners or senior associates at law-firms, can adversely impact client relationship and the matter if not navigated efficiently. 

Ashima: As a General Counsel, what are some specific actions or support you wish to receive from law firms/external counsel to better assist you in your role? 

Damini Marwah: Cost efficient solutions and fixed fee models are always high on the agenda. Maintaining good relationships across keys partners and senior in-house team members is critical for seamless and efficient execution of matters. Responsiveness and proactiveness are also important metrics for law firm selection.

Ashima: Let’s turn the wheel of time, what sparked your interest in law and drew you to the role of a general counsel? 

Damini Marwah: I spent my initial years in private practice doing transactional work which gave me a deep insight into how business transactions are conducted, and I was challenged to become more integrated within business teams. At my first stint in an in-house role, I worked in close partnership with business, and quickly realised that I was better suited for a career within a company over a law firm. The role of in-house legal departments has evolved exponentially over the last two decades, and credentials of lawyers joining in-house legal departments have changed dramatically. Leading in-house legal departments are now staffed with some of the most sought-after law graduates and legal practitioners. The general counsels or chief legal officers have been playing a pivotal role in evolving the practice of law. Having decided to pursue a legal career as part of an in-house legal team, pursuing the role of a general counsel was a natural next step and the journey has been extremely rewarding and enriching. 

Ashima: Who are some legal professionals you admire, and why? What lessons have you learned from them? 

Damini Marwah: Mr. Nani Palkhivala is undoubtedly amongst India’s stalwart lawyers who left behind a legacy that would live on for generations. He was a zealous guardian of the core values of our Constitution and tireless defender of civil liberties. His famous words “Freedom is not something that you can inherit in your bloodstream…You have to fight for it, cherish it, and preserve it all the time” underpins his advocacy to protect fundamental rights. Eminently remembered as a phenomenal lawyer, Mr. Palkhivala is also known for his unrelenting grit and determination to surmount adversities (overcoming a childhood stammer to become the most eloquent orator), and being an exceptional human being (humble, courageous, and respectful to all), attributes which are extremely motivating. 

I also have great admiration and respect for Mr. Soli Soarbjee, who was an outstanding lawyer and a great human being.  Mr. Soarbjee was a fearless crusader of human liberties for the common man, and a staunch supporter of free speech throughout his career. He is famously known as the conscience keeper of the Indian Courts and upheld ethical principles of ‘fairness’ throughout his practice of law and advocacy, which is immensely inspirational.   

Mr. Nani Palkhivala and Mr. Soli Sorabjee were both legal stalwarts of colossal standing. Their contributions to the landmark Kesavananda Bharati case, where a thirteen-judge bench by majority upheld that the basic structure and framework of our Constitution cannot be amended, will continue to be amongst the most noteworthy milestones of our jurisprudence. 

Justice Ruth Bader Ginsburg of the Supreme Court of the United States, and famously known as the demure firebrand and a tireless and resolute champion of justice, was a jurist of historic stature and will remain an inspirational legal professional. Two of her quotes which are my favourite are “Real change, enduring change, happens one step at a time”; and “When I’m sometimes asked ‘When will there be enough (women on the Supreme Court)? and my answer is: ‘When there are nine’. People are shocked. But there’d been nine men, and nobody’s ever raised a question about that.” 

Ashima: What would you say is your favourite quote or book related to law or leadership that resonates with you? 

Damini Marwah: “I measure the progress of a community by the degree of progress which women have achieved” by Dr. B.R. Ambedkar, the father of our Constitution, is amongst the most powerful statements advocating equality and leadership for women. 

Ashima: What are your hobbies or passions outside of your legal work? How do they help you unwind and recharge?  

Damini Marwah: Beyond work, it is the simple things that help me unwind – spending time with my family, going for a walk or tuning into a favourite podcast. I also enjoy playing a sport and it helps me channelise my energies while I constantly try to improve on my personal best goals! 

Ashima: If you could leave our readers with one actionable piece of advice to advance their career or personal growth, what would it be? 

Damini Marwah: Attention to detail, consistent hard work, resilience, ability to listen and good communication skills are key attributes for all lawyers. At the same time, it is also equally important to be a good human being and uphold values of integrity, empathy and respect.