This interview has been published by Anshi Mudgal and The SuperLawyer Team
With your distinguished and extensive legal career, could you share the initial catalyst that sparked your passion for law? Was there a defining moment or experience that led you to pursue this field, or did your interest develop gradually over time?
I arrived at my career choice after exploring various options and narrowing down the ones that did not align with my interests or goals. In other words, I kind of chose this career by crossing out everything I did not want to do but once I chose my career path, I dedicated myself fully to it. I consistently worked hard to develop my skills and grow within the field.
Looking back at the early stages of your career, what were some key experiences that significantly enhanced your understanding of the law? How did these formative moments influence the direction and trajectory of your professional journey?
In the early stages of my career, the key learnings came from actual exposure to client work which also included litigation where observing court proceedings and drafting pleadings gave me a strong understanding of the real-world application of legal principles. On the corporate front, client interactions and negotiations helped me understand legal documents from a business perspective. I learnt that no client is looking for a lengthy memo full of disclaimers. Clients seek practical, commercial and easy to implement legal advice. While a strong understanding of the law is of the utmost importance, it is crucial to find business friendly solutions for the client.
Another defining moment for me was winning the International Bar Association’s Aviation Law Committee’s Annual Scholarship in 2017 and travelling to Sydney for the Annual Conference. This included an opportunity to make a presentation before senior legal professionals. The IBA conference brings together thousands of legal professionals from across the globe. The opportunity to interact with senior lawyers from different jurisdictions helped me understand the legal trends, opportunities and challenges faced by lawyers in different parts of the world. It also helped me improve my communication skills by engaging in panel discussions and networking events. Most importantly, I made many global connections that I truly cherish.
I have also been lucky to find mentors who trusted me when I was a young lawyer trying to understand the nuances of legal practice. Mona Bhide, Managing Partner, Dave & Girish & Co. and Ramesh Vaidyanathan, Managing Partner, BTG Advaya have been instrumental in shaping my growth by not only providing guidance on navigating complex legal issues but also invaluable insights on balancing personal and professional growth.
Your practice involves advising both multinational and domestic corporations on various corporate and commercial matters. Could you outline some of the primary challenges companies encounter when doing business in India, and how do you assist them in overcoming these obstacles?
Doing business in India, entails navigating a complex regulatory landscape. Any person looking to invest in India must perform due diligence to ensure that they can invest in the planned activities. It is important to include sufficient contingencies in planning and timelines for setting up business in India. Indian company laws and labor laws set out extensive operational requirements, and non-compliances can lead to fines, penalties, and criminal liability, including liability attaching to directors and management of the Indian company. The key to successfully doing business in India is to have experienced legal advisors and compliance managers and maintain an annual audit checklist.
Corruption risks in India are generally perceived to be high due to the bureaucratic environment, particularly in specialized sectors such as government procurement and real estate. I advise my clients to clearly communicate the company’s ‘zero tolerance’ policy towards corruption and institute whistleblower and anti-bribery training programs for India-specific projects.
India’s tax regime is complex and evolving, with stringent compliance requirements. The nuances of Indian tax laws and documentation requirements can significantly impact transaction structures. Failure to address these tax considerations early can lead to unexpected tax costs, compliance delays, and potential legal challenges, ultimately derailing business objectives. A proactive approach to Indian tax planning is essential to avoid surprises and safeguard strategic goals.
As an external member of Internal Committees under the anti-sexual harassment law, what are the key legal considerations companies should keep in mind when establishing these committees? How do you ensure they effectively address complaints and foster a safe working environment?
The Prevention of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (“POSH Act”) requires an employer to set up an Internal Committee (“IC”) at each office of an organization employing ten or more employees to hear and redress grievances pertaining to sexual harassment. There must be a minimum of four IC members including a senior level woman employee as the Presiding Officer, two other members from employees and an external member. While the minimum requirement is to have four IC members, it is advisable for the IC to have an odd number of members to effectively address any conflicts that may arise.
Further, it is important to sensitize employees and train IC members about the requirements of the POSH Act. Many companies rely on online training platforms for employee education but conducting at least one in-person workshop every year led by a professional expert in this field can offer employees and the IC a comprehensive understanding of the POSH Act. Some key aspects that the IC must keep in mind while addressing sexual harassment complaints is that sexual harassment is not just about the man’s intent but the women’s perception, the IC must follow principles of natural justice and provide fair opportunity to both the parties to make their submissions, act in an unbiased manner as per due process, maintain confidentiality and ensure non-retaliation at all times. The IC must document/record every aspect of the enquiry process and adopt an empathetic, objective and fair approach.
With your extensive experience in aviation law, particularly regarding aircraft registration and deregistration, what are some of the primary legal and regulatory challenges in these processes? How do you support your clients in ensuring compliance with aviation regulations?
Registration of an aircraft is a comparatively easier process, but clients often face challenges during deregistration and repossession of aircraft. In case of leased aircraft, once an application is received from an aircraft lessor being the irrevocable deregistration and export request authorization (IDERA) holder in the prescribed format, the Directorate General of Civil Aviation (“DGCA”) must deregister the aircraft within 5 working days. However, the airport operator must be paid the dues relating to the aircraft if the same are unpaid. Similarly, any other entity that has outstanding dues pertaining to the aircraft may also submit their claims to the DGCA. In cases where the lessee refuses to make the above payments, the lessors often end up paying them on behalf of the lessee and thereafter recovering them from the lessee is often an expensive and time-consuming process.
India acceded to the Cape Town Convention in 2008, but an enabling legislation was not passed. As a result, some domestic laws such as the Insolvency and Bankruptcy Code, 2016 (“IBC”) conflicted with the provisions of the Cape Town Convention. If an airline filed for bankruptcy (such as the recent Go First case) the lessors were prohibited from repossessing their aircraft during the moratorium period. However, by way of a notification that was issued in October 2023, aircraft and aircraft equipment were exempted from the moratorium provisions under the IBC. Also, the Cape Town Convention Bill is presently awaiting Presidential assent to become the law. Once, the Cape Town Convention Bill is passed, it will accord supremacy to the Cape Town Convention and will streamline the process for deregistration and repossession of aircraft from India.
I assist my clients by providing them with regulatory and compliance support, assisting them in liaison with the DGCA and other regulatory authorities, assisting with drafting and reviewing transaction documents such as aircraft purchase and lease agreements and advice on structuring of transactions and risk mitigation strategies.
In your practice involving airline operations, what are some of the most frequent consumer grievances, and what legal frameworks exist to address these issues?
Most consumer grievances relate to delays, cancellations and refunds. The DGCA has launched the “AirSewa” web-portal/mobile application to deal with passenger grievances. The Civil Aviation Requirements also provide for facilities/compensation to be provided to passengers by airlines due to denied boarding, cancellation of flights and delays in flights. Passengers can file grievances related to delays, cancellations, etc., on the AirSewa portal. The Consumer Protection Act, 2019 also provides for remedies for passengers to claim compensation for any deficiency in the services provided by the airlines.
As the Senior Vice Chair of the Aviation Law Committee of the International Bar Association and Chair of the India Wing of the International Aerospace Women’s Association, how do you envision the future of Indian aviation?
The aviation industry in India has emerged as one of the fastest growing industries in the country and has recovered from the Covid-19 pandemic with passenger numbers exceeding the pre-COVID levels. With disposable income in India growing, the demand for air travel will only keep increasing. To cater to the growing demand, the airlines in India have huge order books and the Government of India has been working towards increasing the number of airports. The success of Indian aviation will depend on infrastructure development to support the growing demand, policy reforms to meet global expectations and availability of skilled labor. Investments in emerging technologies with a focus on sustainability will also be an indispensable consideration for the growth of the industry.
For aspiring law students who wish to follow a similar career path, what advice would you offer in building a successful legal career? In today’s evolving legal landscape, especially with the growing impact of technology, what skills or personal attributes do you consider most vital for achieving long-term success?
The key to building a successful legal career is to have a strong understanding of core legal principles. I would advise law students to intern in different practice areas and gain experience in both litigation and corporate law. This will help in understanding the full spectrum of legal work from courtroom procedures to commercial drafting and negotiations. Early exposure to different practices also helps in discovering one’s interests and strengths. Internships also provide an opportunity to build professional relationships, and this may open doors to future job opportunities. Further, we live in a fast-paced world driven by technology and it’s a lot easier to stay updated today. One should inculcate a habit of reading every day to stay abreast of legal developments.
Throughout your career, what strategies do you employ to maintain a healthy work-life balance, and what advice would you offer to others seeking to balance career ambitions with personal responsibilities and community involvement?
Maintaining a healthy work-life balance is not always easy but you have to put that on your priority list. There will be days when you manage work better and there will be days when you manage your personal life better, there is no perfect balance. Prioritizing and having a written to-do list helps me to identify and focus on the most important tasks each day. Over the years I have also learnt the importance of saying ‘no’ without feeling guilty. If you ever feel overwhelmed by the increasing workload that could result in stress or reduced productivity, I suggest having an open conversation with your seniors.
It is also important to build a strong support system. Having colleagues you can trust and rely on and having a family that supports your aspirations and well-being is the biggest blessing. Finally, invest in self-care. Try to find some time to exercise, sleep well and take that holiday that is on your bucket-list to re-energize yourself. Remember that you cannot pour from an empty cup.
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