ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Aparna RaviSubscribe to Aparna Ravi

Indian Insolvency Regime in Practice

While there is much anecdotal evidence on the abysmal track record of courts and tribunals in resolving insolvency proceedings, there have to date been few empirical studies of how the Indian insolvency regime functions in practice. This paper is based on an analysis of select high court and tribunal judgments with the aim of gaining a better understanding of the existing insolvency resolution process for companies and to identify where the delays and bottlenecks lie. Three themes that emerged from this exploratory study are: (i) the significant inefficiencies and conflicts that have resulted from having a number of different laws and legal forums to govern companies in distress, (ii) various judicial innovations and weak institutions that have contributed to enormous delays in insolvency proceedings, and (iii) misinterpretations of the law by debt recovery tribunals when considering cases of debt enforcement under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act. As India moves towards enacting a new insolvency and bankruptcy legislation, it is hoped that this study will be helpful in understanding the urgent need for reform and in providing initial insights on the direction the new law should take.

Redressing Teachers' Grievances

The process of redressing grievances of public sector employees has received little systematic attention, despite the large volume of such litigation. This article attempts to address this gap through an analysis of the role courts play in redressing grievances of teachers in government and government-aided schools. The possibility of alternative grievance redressal forums that could serve as more effi cient and accessible alternatives to high courts is also explored.

Combating Child Labour with Labels

The 1990s witnessed an increased concern for child labour with human rights groups, industry and consumer groups in the developed world launching several private initiatives to mitigate child labour in particular industries. Rugmark is one such 'labelling' initiative that seeks to provide an economic incentive for manufacturers to stop employing children in the carpet industry. This study based on field research in the districts of Mirzapur and Bhadohi in UP, the heartland of the hand-knotted carpet industry in India asks how much Rugmark and similar labelling initiatives have achieved in their efforts towards containing child labour and the factors likely to impede or boost their initiatives.
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