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Explainers

Taxation Laws Amendment Bill 2021 – Explainer

#Watchnow our new #Explainer on the Taxation Laws (Amendment) Bill, 2021, Part 1 by Abhishek Saxena, Co-Founding Partner, Phoenix Legal.

The bill was passed by the Parliament in the recently concluded Monsoon Session. It has done away with the contentious retrospective tax demand provisions. This bill also addresses the inconsistencies with the taxation laws, especially with the tax demands. To bring clarity around the taxations laws, it was crucial to bring this amendment. These amendments will also ease investors apprehensions about investing in India.

India’s dispute with Vodafone and Cairn Energy for tax demands also highlighted the issue of retrospective taxation in India. This bill amends the Income Tax Act, 1961, and provides that no tax demand shall be raised in future on basis of these retrospective amendments. These demands were for any indirect transfer of Indian assets if the transaction was undertaken before May 28, 2012.

#Tuneinnow to watch Part 1 of the #Explainers by Lawwiser where Abhishek takes us through – the provisions of the taxation laws that this Bill seeks to amend – amendment to Section 9 of the Finance Act, 2021 in the aftermath of the Vodafone judgment – actions taken by the authorities after the enactment – how was the move of the authorities received by Vodafone – Cairn Group-India dispute

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Explainer – Indian Parties and Foreign Seat of Arbitration

The Supreme Court in its judgment in the case of PASL Wind Solutions Pvt. Ltd. v. GE Power Conversion India Pvt. Ltd., has settled the issue of Indian Parties electing Foreign Seat of Arbitration.

Watch now #Explainer by Vasanth Rajasekharan, Partner, Phoenix Legal explaining the issue of Indian Parties and Foreign Seat of Arbitration. He takes us through the various provisions of the Arbitration and Conciliation Act by focussing on the 1st and the 2nd Parts of the Act. And explains the law as regards the seat of Arbitration in India currently.

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Construction Law Concept – Explainer

One of the tricky concepts to understand in construction law is the concept related to the extension of time for performance of the contract which is also known as “Time at large”.

Watch Prarabdha R Jaipuriar, General Counsel and Head of Contract Management, SUEZ India decoding this important concept and explaining various aspects of EOT mechanism, Liquidated Damages provision, and many others.

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Code On Wages by Rajendra Misra – Explainer

The Labour laws have been consolidated into 4 Codes and this video focuses on one of the – Code on Wages, 2019.

As part of LawWiser’s Expert #Explainer series, Rajendra Mishra, General Counsel, IHCL helps us understand this new Code on Wages that has subsumed the provisions of the Payment of Wages Act, 1936, the Minimum Wages Act, 1948, the Payment of Bonus Act, 1965 and the Equal Remuneration Act, 1976.

He also highlights the key changes to various aspects such as the definition of wage, conditions of payment of wage, and penalty among others. #watchnow to understand what these changes are and how they will impact your organisation.

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The Right to Healthcare in India – Explainer

The budget this year comes during the ongoing corona crisis; making healthcare one of the most important allocations in the budget. Thus, it’s by no measure surprising that its figured foremost in the budget presented by #FinMin.

While its effectiveness is yet to be evaluated, we present to you a quick video on the nuances of the right to healthcare.

Introduction

India’s expenditure on health is a mere 1.29% of the GDP in 2019-20. Though there have been ample revolutions, the Right to Healthcare in India has always been a concern.

The Insights

The right to healthcare in India has been emphasized in the constitution through different articles and rights. Let us have a quick look-

  1. Under Article 38 of the Indian constitution strict liability has been imposable by the state that will secure a social order to promote the welfare of the people.
  2. Under Article 39(e) of the Indian constitution, special importance has been specifiable to workers’ health.
  3. Article 41 imposes a duty to ensure public assistance for those who are sick and disabled.
  4. Article 47 casts a duty to raise people’s nutrition levels and standard of living and improve public health.
  5. Moreover, the constitution does not oblige the state to enhance public health. It also endows the panchayats and municipalities to strengthen public health under article 243(G).
  6. Currently, “public health and sanitization, hospitals and dispensaries” falls under the state list in the 7th schedule of the constitution.

The Cases

There have been some cases which remarks the right to healthcare in India such as-

  1. Bandhua Mukti Morcha v. Union of India recognized the right to healthcare as a right that flows from the right to life under the constitution of India.
  2. State of Punjab v. Ram Lubhaya Bugga, the court recognized that the right to health care is fundamental to the right to life and that it is for the state to ensure it.

India has taken major steps to improve its public health system and has become a leader in health administration.

However, the recent worsening of the economic crisis and the widening gap between rich and poor has worsened the already alarming situation and created even more problems for the poor people.

Health Care Bill

Right to Healthcare in India was initiable during the 17th session of the Indian Legislature, considered the first national health reform plan.

The main function of this bill is to provide basic healthcare services to all citizens of India, free of cost.

This bill intends to introduce transparency and accountability into the health sector and encourage private investment in the healthcare sector. The National Health Mission is another important bill that seeks to empower state governments and promote rural development.

The bill’s focus is more on structural reforms such as-

-Developing hospitals and clinics,

-Improving the clinical facilities,

-Recruiting skilled staff, and

-Ensuring timely access to affordable healthcare services.

The Right to Healthcare in India

Right to Healthcare in India seeks to protect the interests of the needy in the healthcare system by improving the quality of service delivery. The bill’s primary objective is-

-To ensure quality health care services and

-Protect the interests of the vulnerable sections of society.

Unlike the International conventions on healthcare, the Right to Healthcare in India does not emphasize protecting individuals’ rights and freedom related to medical decision-making.

Right to Healthcare in India also emphasizes the principle of informed consent and refusal of treatment for non-compliance, involuntary treatment, and health tests, informed treatment, and respect for a person’s privacy.

According to the pre-condition for eligibility for the grant, every resident of India is eligible to avail of health facilities.

Therefore, the right to Healthcare in India facilitates the provision of medical assistance to those who may not seek proper treatment on their own.

The right to adequate medical care and service is:-

-A human right that has been guarantee able to every individual by the United Nations Declaration of Human Rights. However, the scenario is not satisfactory in the country, with many healthcare facilities being makeshift and outdated.

Many people suffer in poverty because of the lack of basic facilities and proper equipment in the country. However, the Government of India has taken measures to improve the healthcare system, thereby providing the Right to Healthcare to all.

Right to Healthcare in India is confinable to the health hazards faced by the community at large and the hazards faced by an individual.

Conclusion

Various studies conducted by international agencies have indicated how the community suffers from poor health and sanitation conditions. With the growth of the population, these issues have grown and are now becoming a major health hazard.

The demands of better and improved healthcare facilities have prompted various researches to address these issues on a long-term basis.

A balance needs to be struck between ensuring cooperative federalism and coordination between center and state so that benefit of the right to healthcare in India reaches all.

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Foreign Arbitration Awards in India – Recognition and Enforcement

It’s National Law Day today and what better way to celebrate it than explaining complex laws in a simple, short-form video.

LawWiser brings to you one of the best-known experts in Arbitration Mr. Tejas Karia, Partner and Head, Arbitration, Shardul Amarchand Mangaldas & Co., who simplifies ‘recognition and enforcement of foreign arbitration awards in India’

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The Copyright Issue Of The E- Newspapers – One On One

Did you know, forwarding e-newspapers on WhatsApp is a violation of The Copyrights Act!

Know more about the key Copyright issues of the E-newspapers in this video.

LawWiser brings you a Conversation with Govind Vijay, Deputy General Counsel – HT Media Ltd on ‘The Copyright Issue of the E-Newspapers’

In our One-on-One Series

In this video, you will understand the Copyright Issue of the E-Newspapers.

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Mental Harassment Laws: A Legal Perspective

Mental Harassment, Sexual Harassment, Mental Health, POSH are the following terms we have been hearing since decades now. Despite of taking measures, still we see a lot of such cases coming to the courts.

LawWiser will provide you an insight on Mental Harassment and its legal perspective by Neha Gupta, Principal Associate – Athena Legal.

In our Know Your Law Series.

In this video you will learn the legal perspective of Mental Harassment.

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Dodging The COVID Crisis In Sports Law –

Even though the word pandemic and Lockdown has become mundane, because of its consistent use, but what we cannot ignore is the impact it has had on several sectors and industries.

Sports industry is one such sector that has also been on the receiving end of the Lockdown.

LawWiser brings you insights ‘COVID Crisis In Sports Law’ on from the experts:

1. Jahnavi Upadhyay – Partner North India – Legal, Decathlon

2. Vinay Joy – Partner, Khaitan & Co.

3. Sania Husaini – Consulting Editor, LawWiser

In our Know Your Law Series.

In this conversation, you will get to know about Sports Law and how it has been dodging the COVID crisis.

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Initiating Arbitration Proceedings : Arbitration Adapting The New Normal

Arbitration has been emerging and much needed alternative needed in India. Now we are seeing the new normal during the lockdown and we are adapting the digital means to run our court system. It is the time we adopt Online Dispute Resolution Mechanism more than the past practice in the court.

LawWiser brings you an insights from the expert Bobby Chandhoke, Senior Partner – L&L Partners.

In our Know Your Law Series.

The conversation will help you to understand about the overall Arbitration in India, Initiating Arbitration Proceedings and how it has been accepted more in the New Normal.

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