UGC Equity Regulations, JioStar v CCI, Domestic Workers’ Wages, and More

“Development and environment have to go hand in hand”

-Supreme Court while permitting tree felling in Ahmedabad for river front project

Court’s Silence on Domestic Workers’ Rights is Deafening

The Supreme Court held its hands back and refused to entertain a PIL for minimum wages for domestic workers citing that the issue is a policy matter, not one for judicial orders. Domestic workers remain outside the purview of formal employment and consequently lack any benefits that formally employed labourers are entitled to. Regulation to govern the relationship between a domestic worker and their employer is next to none and domestic work falls through the cracks of labour laws. There’s no denying that a domestic worker stands the risk of being exploited and in many cases, this risk is already a reality. 

The top court’s must not refrain from taking action in a case such that concerns the lives and livelihoods of thousands if not millions of Indians. The lack of judicial will in this case becomes even more glaring when juxtaposed against the several other PIL cases the country’s top court has spent several judicial hours dealing with. After all, a court is well within its right to seek answers from the government and a nudge from the top court no less could have set the ball rolling for securing a basic human right for a section of people that are among the most valuable and yet most exploited at the same time.

Key Rulings:

• Supreme Court of India, in a landmark ruling, holds right to menstrual hygiene and access to menstrual hygiene products as a fundamental right to life under Article 21

Courts: 

• Delhi High Court bars rogue websites from streaming Cricket World Cup in a relief for JioStar that hold exclusive streaming and broadcasting rights for the tournament

• Madras High Court allows AI-assisted analysis of records in arbitration matter in a first of its kind step

• Supreme Court says that stem cell therapy for autism is medical malpractice and only ethical trials are allowed

• The DGCA tells Delhi High Court that weekly rest of pilots is non-negotiable and no airline is exempt from this requirement, after the court seeks the regulator’s response on plea to un-pause FDTL norms

• Supreme Court stays the UGC equity regulations on caste discrimination in educational institutions in PIL case

• Supreme Court rejects plea seeking minimum wage for domestic workers as a fundamental right

• Delhi High Court rejects IRS officer Sameer Wankhede’s defamation suit against Netflix and Aryan Khan’s show

• Madras High Court rejects trademark case filed by Vicks saying “vapo” is a generic work, can’t be protected

• Delhivery, a courier service company, secures interim protection in trademark and copyright case from Delhi High Court

• Supreme Court refuses to interfere with the CCI probe into JioStar on allegations of abuse of dominance in Kerala television distribution market

Others:

• As per the Economic Survey of India, NCLT’s are likely to take 10 years to clear pending case backlog at the current rate

• CJI Surya Kant says Supreme Court will launch an AI-powered digital platform to track pendency

The Big Listings:

• Feb 4: Allahabad NCLTto hear Jaiprakash Associates’ Insolvency case for approval of successful bid

• Feb 25: Securities Appellate Tribunal to hear appeal byJane Street challenging SEBI’s move to allegedly refuse access to important documents to the firm in the case against it

• Mar 19: Delhi High Court to hear Apple Inc.’s plea against India’s competition law’s provisions on global turnover-based penalties on MNC

• Apr 8: Delhi High Court to hear Indigo’s petition seeking 9 billion rupees in refund from customs over re-imports

* The dates of hearing can change and a concrete list is prepared just a day before

Legal Moves: 

• Collegium recommends Advocate M Balaji as judge at the Andhra Pradesh High Court

• Harman Walia leaves CMS Induslaw to join Anagram Partners

• Pallavi Jagtap launches boutique law firm Ebony Law in Mumbai

• Atul N Menon leaves Saga Legal to join King Stubb & Kasiva