articles by Devika Agarwal

India

What does 'Right to be forgotten' mean in the context of the #MeToo campaign

The Delhi HC says that #MeToo campaign cannot turn into an unbridled sullying campaign.

India

Christchurch Call to Action: Laws needed for use of automated tools to filter extremist content, to avoid attack on free speech

Christchurch Call to Action is aimed at preventing online terrorist and violent extremist content.

India

Is installation of CCTV cameras by the Indian government a violation of right to privacy?

A petition has been filed on grounds that CCTV violates the right to privacy and gives rise to stalking.

Business

Bombay Stock Exchange’s trademark claim against comedian Kunal Kamra violates freedom of speech

Kunal Kamra had used morphed images of a few buildings in India including Phiroze Jeejeebhoy Towers in his social media post, dissuading citizens from voting for Prime Minister Narendra Modi.

News & Analysis

TikTok ban: Apps featuring user-generated content must be regulated to protect children

TikTok has gained popularity among preteens, adolescents especially in Tier II, III cities in India.

News & Analysis

Regulation of Encrypted Technology by the State for National Security

Encryption keeps sensitive user data safe, but it can be problematic when it hampers law enforcement

Gaming

Should PUBG and other online video games be banned or regulated in India?

A PIL was recently filed in the Bombay HC calling for a ban on the popular video game, PUBG.

Business

From central watchdog to out-of-court settlements, Consumer Protection Bill 2018 makes big strides in consumer rights

The Consumer Protection Bill 2018 is revolutionary in the aspect that it establishes a watchdog to bust unfair trade practices, oversee violation of consumers' rights and false or misleading advertisements prejudicial to the public and consumer interests

India

Maratha quota row: Reservation unwarranted; several past panels concluded community is not 'backward'

As far as the Maratha community is concerned, the findings of many commissions are that Marathas are forward classes, with many Marathas in top political ranks and heading businesses.

India

#MeToo: Decoding validity of defamation suits, rights of accused in sexual harassment cases on social media

In the wake of the #MeToo campaign afoot in India, some individuals moved the Delhi High Court on 11 October to prevent a woman from detailing her sexual harassment ordeal on social media as it implicates the petitioners.

India

SC's Sabarimala, Ayodhya, triple talaq verdicts: 'Essential part of religion' under Article 25 must adhere to doctrines of that religion

The absence of publicly available information on whether a mosque forms an essential part of Islam highlights that perhaps in Ismail Faruqui too, the Supreme Court did not engage adequately with this issue, prompting Justice Nazeer to dissent from the majority opinion in the instant case.

India

Centre passes ordinance on triple talaq: Is criminalising offence tantamount to 'legislative overreach'?

While the government's intention to ban Triple Talaq is laudable inasmuch as it can act as an effective deterrent for men from arbitrarily divorcing their wives, the question is whether criminalising the offence can amount to a case of 'legislative over-reach'; here, I refer to a scenario where the Legislature is overstepping into the domains of a religion's personal law to prescribe a remedy which the personal law never intended.

India

Supreme Court verdict on reservation in promotions for SC/STs must ensure filtering out of creamy layer candidates

The Supreme Court will soon pronounce its verdict on a batch of petitions that have sought the reconsideration of a 2006 judgment, wherein the court laid down that the state government is not bound to provide for reservation in promotions for SC/ST members

India

Hate speech in India: Media's rabble-rousing doesn't help cause, proves counter-productive to free speech

The problem of hate speech is compounded when propagated by members of the press. This is because unlike the situation where the person making the hate speech is a politician or an ordinary citizen/internet user, the media is expected to be comparatively neutral while reporting events.

India

Meesha book controversy: Ban on literary work violates freedom of speech; test for such moves should be extremely stringent

Meesha book controversy: Calls for ban on books violating the right to freedom of speech and expression and the court, in deciding whether a prohibition on a book is justified, must balance free speech with public interest

India

Online sexual harassment: Kerala HC ruling a good start but govt needs to hold internet intermediaries accountable

In Majeesh K Mathew v. State of Kerala, the Kerala HC observed that making comments on social media which contain sexually explicit content against a woman amounts to online sexual harassment

India

Partners in live-in relationships in India can hope for better rights, if earlier verdicts are anything to go by

The Supreme Court currently examining a case to determine whether a live-in relationship can be treated as a de-facto marriage and whether a man can be held liable to pay his partner maintenance if the relationship ends because of refusal to marry.

India

Does Right to Freedom of Religion extend to wearing religious headgear during sporting event, Supreme Court asks Centre

The Supreme Court recently sought a reply from the central government on a PIL to formulate guidelines to exempt turbaned Sikhs from wearing any other head-gear during sporting events.

Business

Misuse of khadi mark by Fabindia adversely affects interests of artisans; KVIC has strong case against erring firms

KVIC has a strong case to prevent the misuse of the khadi mark by companies in India, on the ground that KVIC owns the khadi trademark in India.

India

Punjab and Haryana HC leaves Sec 121 open to misuse by terming inciteful posts on social media as 'waging war' against India

The Punjab and Haryana High Court order in the Arvind Singh @Ghoga vs State of Punjab case where it stated that 'collecting men' on social media can amount to 'collecting arms' for waging war against the government leaves room for the misuse of Section 121 of IPC, will throttle free speech