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Gaurang Kanth

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Gaurang Kanth, born on 20th August, 1975, is an Indian lawyer based out of New Delhi. He was enrolled as an Advocate in 1998 with the Bar Council of Delhi. He is currently serving as a Central Government Standing Counsel since October, 2016.

Education

He completed his Bachelor’s in History from the Hindu College, University of Delhi in 1995 and thereafter, went on to complete his Bachelors in Law from the same University in 1998. After being admitted to the Bar in 1998, he pursued his Master of Laws in American and Comparative Law, with specialization in Intellectual Property Law from University of Denver, College of Law, U.S.A. in 2001.

Professional Career

Having completed his Masters in Law, Kanth practiced law as an Attorney in O’Connell and Zuffoletto, LLP, San Diego, California, U.S.A. from May 2002 to March 2005.

After a promising legal career in U.S.A., Kanth returned back to India in 2005 and established Kanth & Associates[1], a full service international law firm, based in Nizamuddin, New Delhi. He has been an avid litigator, litigating in various Courts and represents varied clients in an array of matters. He specializes in areas including Civil and Criminal Litigation and Alternative Dispute Resolution.

He has advised and appeared for the Central Government along with numerous private entities in matters involving interpretation of Constitution, corporate and commercial laws, banning of terrorist and disruptive organizations, competition laws, money laundering, anti-doping laws, international commercial arbitrations and public international laws etc. Till date, he has handled more than 4,000 cases across Supreme Court of India, various High Courts, Trial Courts and special Tribunals.

He has filed various petitions over the years for the larger interests of the public. A notable matter namely, Gaurang Kanth vs Archaeological Survey of India[2], was filed before the Delhi High Court against undertaking of any construction within the prohibited area of 100 meters around the Humayun's tomb in Delhi, which is a World Heritage Site as recognized by the United Nations Educational, Scientific and Cultural Organization (UNESCO). This case was instrumental in bringing about an amendment in the Ancient Monuments and Archaeological Sites and Remains Act, 1958, making it a more robust protector of ancient and medieval archaeological monuments and sites in the country.

He also filed a petition namely Ved Prakash & Anr Vs Union of India[3] challenging the acquisition of Cadbury India by Kraft Foods amounting to 19 Billion USD (approx.). The petition filed by him before the Delhi High Court along with a social activist Ved Prakash said that Cadbury had evaded substantial tax liability in India, which eventually led to a government probe into the deal.[4]

One of his notable petitions included the case of a 17-year-old boy who was denied admission in St Stephen's College, Delhi, because the minimum age requirement for enrolment being 18 years. His petition Kshitiz Kumar Mallick Vs Directorate of Education led Delhi University to do away with the age requirement of students for enrolment.[5] Apart from PIL’s, Gaurang Kanth has been involved in a catena of high profile cases. He represented the CAG in Cellular Operator Association Vs Dept. of Telecommunication and Association of United Telecom Services Vs Union of India, before the Delhi High Court and the Hon’ble Supreme Court of India pertaining to the issue whether CAG could audit private telecom companies.[6]

He has also been assisting the Central Adoption Resource Agency (CARA) to properly implement the regulations guiding the adoption of orphans. Having represented municipal authorities of Delhi and defending the interests of such agencies like Comptroller & Auditor General of India (CAG), Central information Commission (CIC) as the Standing Counsel have led to considerable improvement in the civic life and the administration of extended arms of the government.

Gaurang Kanth has also appeared and represented the National Anti-Doping Agency (NADA) in various matters. He has assisted in framing of the Anti-Doping Rules of NADA, 2015. In India’s first ever appeal at the Centre of Arbitration on Sports (CAS) in Amar Murlidharan vs. NADA[7], he successfully defended NADA in its decision to ban the athlete. Notably, he also effectively defended NADA following a four-year ban on wrestler Narsingh Yadav.[8].

He recently wrote a letter to the Chief Justice of the Delhi High Court seeking action against the organizers and participants of the Tabligh-e-Jamaat Markaz as well as the officials concerned responsible for the Nizamuddin congregation, which led to the spread of COVID-19.[9]

Apart from the above, he has authored various accredited and widely published articles on legal and policy issues including RBI's timely and decisive response to safeguard Indian economy from coronavirus impact[10]; Union budget 2020: government has taken bold steps to put economy back on track[11]; Ayushman Bharat: Why Rob Delhi Of a World-Class Health Scheme?[12]; Water Scarcity: With 'Jal Jeevan Mission', Government Tends to Focus on Behavioural Change[13]; The Consumer Protection Act, 2019: an overview[14]; Juvenile Justice Act, 2015- Rationalising Inter-Country Adoptions[15]; Concurrent Power: Whether a Tool for Political Gains?[16]; Emergence of Sports Law in India[17] among many others.

Gaurang Kanth is also frequently invited on national television including Times Now[18] [19] [20], India Today[21] [22], News X[23] [24], Rajya Sabha TV[25], CNBC [26], conferences, seminars, workshops on current legal and political issues. Commending his impact in the legal field, he was featured as one of the best young lawyers in the country by The Week.[27]

References[edit]

  1. http://www.kanthandassociates.com/
  2. W.P.(C) 7889/2009 (decided on 23.09.2010)
  3. W.P.(C) 8023/2010 (decided on 01.12.2010)
  4. https://economictimes.indiatimes.com/industry/cons-products/food/govt-initiates-tax-inquiry-into-cadburys-takeover-by-kraft/articleshow/7211813.cms?from=mdr
  5. W.P.(C) 10407/2006 (decided on 10.11.2008)
  6. https://timesofindia.indiatimes.com/business/india-business/CAG-can-audit-private-telecom-companies-in-revenue-share-pact-with-govt-HC-rules/articleshow/28485079.cms
  7. http://sennferrero.com/descargaspdf/tas-cas/201507/CAS2014.A.3639-Amar-Muralidharan-vs-National-Anti-Doping-Agency.pdf
  8. https://www.aninews.in/news/national/politics/narsingh-ban-nada-lawyer-says-039expected-this-decision039/
  9. https://www.barandbench.com/news/litigation/standing-counsel-guarang-kanth-writes-to-delhi-hc-for-action-against-organizers-of-nizamuddin-congregation-state-officials
  10. https://www.wionews.com/opinions-blogs/rbis-timely-and-decisive-response-to-safeguard-indian-economy-from-coronavirus-impact-291514
  11. https://www.wionews.com/opinions-blogs/union-budget-2020-government-has-taken-bold-steps-to-put-economy-back-on-track-278226
  12. https://www.dnaindia.com/analysis/report-ayushman-bharat-why-rob-delhi-of-a-world-class-health-scheme-2804995
  13. https://www.wionews.com/opinions/water-scarcity-with-jal-jeevan-mission-government-tends-to-focus-on-behavioural-change-272491
  14. http://www.mondaq.com/article/876600
  15. https://www.indialawjournal.org/juvenile-justice-act-2015-rationalising-inter-country-adoptions.php
  16. https://www.indialawjournal.org/concurrent-power-whether-a-tool-for-political-gains.php
  17. https://www.indialawjournal.org/archives/volume3/issue_2/article_by_gaurang.html
  18. https://twitter.com/i/status/1256482064330747904
  19. https://twitter.com/TimesNow/status/1049670241968566272
  20. https://twitter.com/timesnow/status/1025432420055625728?lang=en
  21. https://twitter.com/indiatoday/status/1049660398696259585
  22. https://twitter.com/IndiaToday/status/1151472849036562433
  23. https://twitter.com/i/status/821377899022336000
  24. https://twitter.com/newsx/status/860119455916883969
  25. https://www.youtube.com/watch?v=n79lUltNsXI
  26. https://www.youtube.com/watch?v=7ELcbR39GtM
  27. https://www.theweek.in/theweek/specials/young-legal-professionals.html


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