"The UNCITRAL rules for expedited Arbitration adopted in 2021 provide for a need based process. Institutional adoption of the rules will enhance the range of options to the parties which is an underlying foundation to the Alternate Dispute Resolution."
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The natural growth of Arbitration will happen when we set up more institutions. We need to foster a culture of domestic arbitration.
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Rape is Rape. Marriage is no defence. Marital Rape Exception has no place in any civilised jurisprudence. The anxiety over misuse of law can be better allayed by preventing illegal arrests, making bail easier, & having very strong disincentives on filing of false complaints.
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Budget 2022 is just around the corner. Expectations are high from all stakeholders given the hardship people have been facing since the last two years. Mr. Justin M Bharucha, Managing Partner, Bharucha & Partners has identified proposals that Budget 2022 should pick up: "This Budget needs to focus on the aggregate benefit to the country and the Government’s finances from deeper and more robust market developments. I’d like to see the rationalisation of fossil fuel costs. Our economy is hugely dependent on fossil fuel and rationalising costs will likely allow for an increase in economic activity including for sectors that have suffered during the pandemic. The other important change I look forward to is ‘Process Change’. Executive action on-site must match the enabling and forward-looking policy statements made in Parliament. While this is not strictly part of a ‘budget’ speech, this is an excellent time to announce (and hopefully subsequently implement) that the Government will ensure that the executive enables and does not hinder economic activity."
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The new Rules are now the law of the land and compliance therewith is absolutely necessary if Twitter wants to regain protection afforded under Section 79 of the IT Act. With the appointment of the new Resident Grievance Officer, there should not be any problem in getting back the protection, but it will be for the court to decide. The government does not have a role to play any more now that the matter is sub judice. It is crucial to note that while the IT Rules specify how protection under Section 79 of the IT Act is withdrawn, they are silent on how the same can be restored. What continues to remain a grey area in the law is whether prospective compliance will absolve Twitter of liability under actions already initiated against it from the time when the said protection had been withdrawn. The road ahead for all intermediaries is compliance. There is no way one can opt out of it, especially with the Government pursuing it so vigorously. Twitter's final act of compliance should assuage the tensions it had been having with the Government.
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