Posts

Showing posts from October, 2024

The Intersection of Privacy Rights and Bail: Implications for the Criminal Justice System

 The question of privacy as a fundamental component of the right to life and personal liberty under Article 21 of the Indian Constitution has long been a matter of legal contention, with various judgments reflecting a spectrum of judicial opinions. This debate reached a watershed moment in 2017 with the landmark Puttaswamy [1] judgment, in which the Supreme Court unequivocally established the right to privacy as a fundamental right, underscoring its vital importance in protecting individual dignity and autonomy. Recently however, the issue has resurfaced as the Supreme Court examined complexities of privacy in the digital era, bringing to light the ongoing challenges and significance of the said right, amid rapid technological developments and increasing state surveillance under criminal jurisprudence. Background A Nigerian national faced charges under the Narcotic Drugs and Psychotropic Substances Act, 1985 and was subsequently arrested in the year 2014. However, in the year 2022,...

Contract Labour Deployment in India – Demystifying the Future Conceived by the Code on Occupational Safety, Health & Working Conditions, 2020

  The business of human resource deployment by contractors for their clients has grown and evolved globally. In India, the contractor-sourced industrial workforce grew by about 293% between 2002-03 and 2021-22.[1] Recently, India has unfurled four labour codes that revamp its existing labour laws to meet the needs of the Indian workforce such as contract labour deployment. The Contract Labour (Regulation and Abolition) Act, 1970 (“ CLRA ”) predominantly constitutes the applicable law on contract labour in India. It will be replaced by the Code on Occupational Safety, Health and Working Conditions, 2020 (“ OSH-Code ”) from a date, pending to be notified (“ Effective Date ”). This article seeks to evaluate the material reforms introduced by the OSH-Code regarding contract labour deployment: a. Revised Applicability Threshold : The OSH-Code has increased the applicability threshold of contract labour related compliance to engagement of at least 50 contract labour personnel, as opposed...