I have written about Fear in the Times of Pandemic before. These articles can be accessed here and here. This is the third part in the series.

We are Fortunare

21 July 2020

Yes we are fortunate, if the entity which we work for is operating when the economies are crumpling, when demand is sluggish, when stores are closing, when companies are filing for bankruptcy, when sales are not happening or when employees are being laid off or fired.

In a suit for infringement the issue of validity of the registration of a trademark can be raised by the Plaintiff or the Defendant or both under the following conditions. Firstly, when the Defendant in suit for infringement raises a plea that the registration of the Plaintiff’s trademark is invalid. Secondly, when the Plaintiff pleads the invalidity of registration of the Defendant's trademark if the Defendant raises a defence that its mark is registered (under clause (e) of sub-section (2) of section 30 the Trade Marks Act, 1999).

Private sector organizations are already planning to have major job cuts/layoffs due to their financial inability to support their employees amidst losses caused due to the lockdown. According to a survey, conducted by MyHiringClub.com and Sarkari-Naukri.info conducted between May 1 to May 10, 2020, that covered 1,124 companies across 11 industry sectors in 25 major cities. Around 68 percent of the employers surveyed have either started the layoff process or are planning to do so.

As the 4 consequent nation-wide lockdowns, that began on March 25, 2020 and lasted till May 31, 2020 come to an end, we analyse the situations faced by the Indian Workforce amidst this global health emergency created by the spread of COVD 19.

There is a huge movement of Migrant workers traveling on foot without necessities in almost all parts of the country. Their ultimate hope is to reach their hometowns. It appears that lakhs of these migrant workers have not been sensitized and made aware of the aforesaid government guidelines. On the contrary, Shramik trains have been organized to assist these migrant workers to go back home.

The Semantics: The Indian constitution is a living document as per the old saying and therefore, one can find a culture of Invention-ism in the reading or interpretation of the constitution. The term ‘constitutional morality’ has often been invoked by Supreme court in India for striking down laws which could be termed as manifestations of popular morality. But this term is not found in our Constitution. Nevertheless, we find mention of the word ‘morality’ in the Indian constitution at various places (Article 19, 25 and 26). Dr. B R Ambedkar used ‘CM’ multiple times in ‘Parliament

The COVID 19 virus has affected most countries in the world, India being one of them with over 19000 people infected till date. Taking into consideration the risk of COVID19, the government announced an initial lockdown of 21 days across India which started from March 25, 2020. The lockdown was further till May 3, 2020.

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