Proskauer Rose LLP (LexBlog India)

Proskauer hosted actor and activist Ashley Judd and author and activist Ruchira Gupta for a discussion last week that addressed the issue of human trafficking. I had the honor of introducing the conversation between Judd, well known for her global activism centered on gender equality, and Gupta, an Emmy Award-winning journalist who founded Apne Aap,...

Commencing with the famous quote of German thinker Johann Wolfgang von Goethe, India’s Supreme Court has today legalised sexual relationships between same-sex people. This landmark decision ends a long fight against Section 377 of the Indian Penal Code 1860 (IPC) which had criminalised certain homosexual acts. In its decision, the Supreme Court held that: “Criminalising...

In a landmark decision, a nine judge bench of the Supreme Court of India ruled today that privacy is a fundamental right protected by the Constitution of India. Background Due to the volume of cases brought before the Supreme Court of India, cases are generally heard by benches consisting of a subset of the ten...

India’s Parliament has officially passed an increase to maternity leave in India.  The new law entitles most mothers to 26 weeks of paid leave. We last reported that India’s Upper House of Parliament approved the increase in August, 2016.  However, India’s lower house held off approving the legislation until last week.  The new law provides...

The Upper House of India’s Parliament just passed an amendment to India’s Maternity Benefit Act of 1961.  The amendment increases maternity leave to 26 weeks of paid leave, a major increase over the current 12 week leave.It also grants a number of new rights, albeit with important qualifications.  These include: Leave may start up to...

The Department of State published its August 2016 Visa Bulletin and it has a few impactful surprises. This is not good news for companies and foreign nationals.  Indian and Chinese foreign nationals, as usual, are the hardest hit.  Specifically, the historically open First Preference Employment Based Category (EB-1) retrogressed to January 1, 2010 for Indian...

India recently enacted the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal Act) 2013, which protects all “aggrieved women” in the workplace from unlawful harassment.  To be clear, the term “aggrieved women” includes both employees and non-employees.  The Act represents a drastic shift in the law that will require all employers with...

As mentioned in a prior post on this blog, earlier this year the Indian Ministry of Communications and Information Technology issued new privacy and data security rules under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (the “Privacy Rules”). The strict consent requirements relating to the collection...

India recently adopted a privacy and data security regulatory regime that fills the previous void of any such regulation with requirements that may force companies with operations in India and companies that outsource certain functions to Indian service providers to change the way they operate in order to comply. Visit our blog to see Proskauer attorney Paresh Trivedi's article on the new Indian...