News Type: Event

Prof. Rahul Singh will present his paper “SEBI’s Sandbox” at the Faculty Seminar on Wednesday, September 20, 2023.

Abstract:

The paper captioned as ‘Sebi’s Sandbox’ posits that in the backdrop of a legacy of under-enforcement of directors’ duties (and auditors’ liability) in India, Sebi has embarked on their enforcement through its statutory instruments. This enforcement is innovative and has the characteristics of a ‘regulatory sandbox’.

The paper has descriptive and prescriptive aims. Descriptively, the paper seeks what Jolls, Sunstein and Thaler have, in a different context, said ‘a higher R square — that is, greater power to explain the observed data’. Prescriptively, the paper outlines certain internal and external challenges that the observed behavior is likely to face in the future.

Please note, this paper is a working draft and therefore, cannot be shared externally.

 

In this week’s faculty seminar, Dr. Madhubanti Sadhya will be presenting her paper titled “The Dynamics of Doctor-patient Relationship in Elective Aesthetic Medicine” on Wednesday, September 13, 2023. Prof. Mrinal Satish will be the discussant.

Abstract:

Cosmetic surgeries diverge from the principles of medical paternalism that have traditionally governed the interactions between doctors and patients in therapeutic medicine. In this paper, an attempt is made to categorize the relationship shared by individuals opting for elective cosmetic procedure with their cosmetic surgeons within the framework of four prominent doctor-patient relationship models. These relational dynamics have significant medico-legal implications, particularly concerning informed consent and the determination of cases of medical negligence. An evaluation of the four models and a review of judicial decisions that have influenced the development of the informed consent doctrine reveals that the relation between cosmetic surgeons and persons undergoing cosmetic procedures resides at the intersection of the patient autonomy model, the consumerist model, and the shared decision-making model.  However, considering the unique nature of this medical sub-specialty, there is a case for the state to assume a paternalistic stance by imposing  rigorous disclosure and consent standards on medical professions offering these procedures.

This week’s faculty seminar will be held on 6th September, 2023.  Dr. Aniket Nandan will be presenting a paper titled ‘Populism and Caste in contemporary India: Socio-political pragmatisms of caste associations’.  Dr. Karthikeyan Damodaran will be the discussant.

Abstract

The essay is part of the forthcoming article as contribution for Springer Encyclopaedia on New Populism and Responses of the 21st Century, edited by Joseph Chacko Chennattuserry, Madhumati Deshpande and Paul Hong, in the section Society, Reflexivity and Populism. This essay assesses the core principles of populism in order to understand the trajectory of populist discourses in India. In doing so, the role of caste and its associational structures as a socio-cultural and political category finds significant attention. The essay argues that, in contemporary India the core value of populism, aimed at addressing the ‘will of the people’ or popular demand of the majority, has found itself stifled in the clutches of ‘will of the few’ who not only reproduce the socio-cultural hegemony but have also been able to postulate and dominate epistemic positions. However, this argument is not devoid of the foundation that India indeed witnessed phases of constructive populist discourses which in present times seems to be enmeshed within the metanarratives of a caste society.

 

The Law and Technology Society, NLSIU, a student-run committee of the University, invites students, practitioners and academicians across all areas of law to a panel discussion on the Digital Personal Data Protection Act 2023. The event will take place on September 2, 2023 from 2.30 pm to 4 pm.

Abstract

The Digital Personal Data Protection Act 2023 was gazetted on 11 August 2023. This legislation has been the culmination of discussion and deliberation for the past 8 years and stands to have a transformative effect on individuals and businesses in India. Therefore, it becomes extremely important to evaluate the ramifications of the bill from a multi-disciplinary perspective including inter alia the academic, business as well as practical perspectives.

The distinguished panelists include:

Ms Malavika Raghavan (Moderator): Ms Raghavan is a doctoral candidate at the London School of Economics undertaking cross-disciplinary research across disciplines of Law and Information Systems. She is also a Senior Fellow at the Future for Privacy Forum, and Visiting Faculty at the Daksha Fellowship, Sai University. Through these roles, and her previous role as Head of the Future of Finance Initiative at Dvara Research she has engaged deeply with various versions of proposals for an Indian data protection bill.

Mr Arun Prabhu: Mr Prabhu is a Partner at Cyril Amarchand Mangaldas and heads the Technology and Telecommunications practice. He specialises in offering sector-specific, cutting edge advice about technology to clients who are exposed to increased industry-specific risks.

Mr Vivek Reddy: Mr Vivek Reddy is a Senior Advocate of the Telangana High Court and the founding partner at Vivek Reddy Law Chambers. He is a graduate of NLSIU and Harvard Law School. He had worked on the initial Joint Parliamentary Committee report on the Data Protection Bill and represents technology companies in various litigation matters.

Ms Sriya Sridhar: Ms Sridhar is currently a part of the in-house legal team at Setu, a fin-tech company (part of the Pine Labs group), prior to which she practiced at a law firm within the IP and Technology practice. Her practice focuses primarily on technology laws (currently with a focus on fin-tech) and contracting, privacy laws and regulatory compliance.

Ameen Jauhar: Mr Jauhar is the senior resident fellow at the Vidhi Centre for Legal Policy and leads its Centre for Applied Law & Tech Research (ALTR). He is well-versed in Global South tech policy issues, with specialised knowledge of and practice in the Indian landscape.

E-Certificates will be provided to the attendees.

About L-Tech

The Law and Technology Society (‘L-Tech’) is one of Asia’s oldest student-run tech-law groups and is committed to exploring the boundless contours of the intriguing interface between law and technology.  It is one amongst the many societies at National Law School of India University, Bangalore. The main objective of the committee is to build up-to-date scholarship in this field by making research panels and by organizing a series of interesting events including seminars, conferences, policy-making competitions, essay competitions, etc.

This week, NLS faculty member Atreyee Majumder will discuss her essay “To have a country so important: on Law as a Sign for War”. Professor Diya Deviah will be the discussant.

Abstract: 

This paper, written for a special issue of NLSIR led by Rohini Sen, shows the international legal order as a sign system that stands for the threat of or imminence of war. It further shows that the order treats young sovereigns as trainee sovereigns who in turn are keen on transacting in the currency of international law to access greater and more meaningful sovereign power.

NLS faculty members Dr. Atreyee Majumder, Dr. Sushmita Pati, and Dr. Karthick Ram Manoharan will be speaking during a discussion on “In Conflict and Conversation – Indian Cities, Livelihoods, and Politics” on 29th August 2023 at the Bangalore International Centre. The event is being organised by the Cambridge University Press and will be conducted from 2:30 pm onwards. The details of the sessions are provided below:

Session 1 – Contours of the City
2:30 PM onwards 

• VIKAS KUMAR, Azim Premji University
• ANANT KAMATH National Institute of  Advanced Studies
• NEETHI P., Indian Institute for  Human Settlements
• ATREYEE MAJUMDER , National Law School of  India University

Session 2 – An India Then, an India Now  
4:45 PM onwards 

• SUSHMITA PATI, National Law School of  India University
• ADIL HOSSAIN, Azim Premji  University
• SUPRIYA ROYCHOWDHURY, National Institute of  Advanced Studies
• KARTHICK RAM MANOHARAN, National Law School of  India University

To register, click here. 

This week’s faculty seminar will be held on 23rd August, 2023.  Prof.. Jasmine Joseph will be discussing on a working paper  titled “The search for a link between electoral expenses, regulation and corruption”.   Prof. Sanjay  Jain will be the discussant.

Abstract

The representative democracy of India is currently experiencing a rapid decline in both its substantive and procedural components. This paper focuses on analysing one specific procedural element: the electoral process. Electoral corruption is a significant factor contributing to India’s appalling position in the corruption perception index. This paper aims to explore how inadequately regulated electoral expenses can fuel electoral corruption, subsequently leading to widespread corruption.

A cursory examination is conducted to evaluate the regulatory framework governing election expenses in India and to identify its shortcomings. Additionally, the paper examines how the mismanagement of election expenditures could pave the way for corruption and highlights two crucial factors, apart from legislation, that play a role: transparency norms and public funding. However, these two factors are not extensively practiced in India.

This working paper primarily serves as a hypothesis development for a more extensive investigation into how the implementation of public funding can positively influence the corruption landscape.

This Wednesday, there will be a discussion about the India Justice Report (IJR) by Maja Daruwala, the Chief Editor, and Valay Singh, the project lead of IJR. Brief note about the IJR and previous reports are attached to this email.

About the Speakers: 

1.Valay Singh is the project lead of the India Justice Report. Valay Singh has worked in the development sector over the last 10 years, having been a media professional previously. His interests lie in issues of civil and political liberties, women and child rights, mainstreaming the narrative on justice, freedom of speech and expression and politics and religion. Valay is also the author of Ayodhya: City of faith, City of discord, published by Aleph Book Company.

2.Maja  Daruwala is the Chief Editor of the India Justice Report. A barrister from Lincoln’s Inn, she has been working to advocate for rights and social justice for over 40 years. She is actively engaged in numerous human rights initiatives and concentrates on issues relating to civil liberties including police reform, prison reform, right to information, discrimination, women’s rights, freedom of expression and human rights advocacy capacity building. Ms Daruwala’s interests lie particularly in the area of systemic reforms. She has focused her energies on issues of accountability and participation, which she believes are essential underpinnings for good governance and the realisation of human rights. She sits on several charitable boards including the Population Foundation of India and Centre for Social Justice. She was earlier the director of Commonwealth Human Rights Initiative and a Senior Adviser for the Tata Trusts.