Sunday, January 17, 2021

Samarth K. Luthra & Vasundhara Bakhru

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Confidentiality Clubs: Has The Delhi High Court Gone Too Far?

The recent judgement of the Delhi High Court in Interdigital Technology v. Xiaomi Corporationon the structure of ‘Confidentiality Clubs’ to ensure confidentiality of sensitive information/documents in litigation, has far-reaching implications. The Court rejected a prayer that suggested the preclusion of a Party’s in-house representative/employee (other than the advocate or independent expert) from access to the ‘Confidentiality Club’. This was a patent infringement case involving Standard Essential Patents (‘SEPs’) that cover technologies which are essential for devices to be standard-compliant.

Combat Roles for Women in India’s Armed Forces – Constitutionality of the Prohibition

In 2019, the Supreme Court of India (‘the Court’) delivered seminal judgments with regard to the role of women in the armed forces. In two landmark rulings, The Secretary, Ministry ofDefencev. Babita Puniya, (‘Babita Puniya’) and Union of Indiav. Lt. Cdr. Annie Nagaraja, (‘Annie Nagaraja’), the Court struck down the discriminatory policy of not allowing permanent commission for women in the Army and Navy. This article argues that the recent judgments in Babita Puniyaand Annie Nagaraja only scratch the proverbial patriarchal surface of institutional roadblocks that the Constitution still preserves.

Kashmir and Transgender Rights

On August 5, 2019, India’s lower house of parliament, the Lok Sabha, passed the Transgender Persons (Protection of Rights) Bill of 2019 after little substantive debate. On the very same day, India’s president took steps to abrogate the erstwhile State of Jammu & Kashmir’s territorial integrity and autonomy. As I explain in this brief blog post, these two developments are not just temporally but substantively linked too.