Karuna Nundy

Karuna Nundy
Nundy at Press Club of India in 2018
Born	(1976-04-28) 28 April 1976

Karuna Nundy is an Senior Advocate at the Supreme Court of India and an international lawyer. She is a dual qualified lawyer, in India and New York. In 2024, Ms. Nundy was designated Senior advocate by the Supreme Court of India. 

She has been recognised by Time Magazine as one of the 100 top most influential people in the world in 2022. She has been described by the BBC as a "leading lawyer" in India,  the New York Times as a 'leading civil liberties lawyer' in an article on free expression, awarded for being one of the "Most Powerful Women"  in 2021 for her commercial dispute resolution work and recognised as a "Mind that (should) Matter" by Forbes Magazine.

Ms. Nundy had succeeded in landmark cases such as enforcing blockchain regulations against the leading telecom companies for Paytm, winning as one of the counsel the definitive case on   restrictions on online speech including on platform liability and website blocking, winning damages for a disability rights activist against SpiceJet and bringing safe water to the victims of the Bhopal toxic waste dumps.

She recently lead arguments in two petitions for the legalisation of queer and same sex marriage. She is also leading arguments to criminalise marital rape.

Ms. Nundy’s litigation practice is broad based with a focus on Constitutional law, Commercial litigation and arbitration, Intellectual Property Law, Technology law, Civil, Criminal, International and comparative law.

She is a mediator at the Supreme Court Mediation Centre, appointed by the Supreme Court Mediation and Conciliation Project Committee.

Ms. Nundy has worked on drafting a number of legislations, including  contributions to the 2013 anti-rape laws and the Right to Food Act.

In the international sphere, Ms. Nundy currently serves as an expert on the Columbia Global Freedom of Expression committee and as a Member of the High Level Panel on Media Freedom chaired by Lord Justice David Neuberger, and founded by Amal Clooney. The High Level Panel is the official advisory body to the fifty States of the Media Freedom Coalition.

Ms. Nundy has trained judges globally at a MOOC of the Bonavero Institute at Oxford University, on international standards required of judges when dealing with 'blasphemy' and religious hate speech - especially when journalists are implicated. She  has advised and represented the Government of India, the GOvernment of the NCT of Delhi, the Attorney general’s Office and Supreme Court of the Maldives, advised on the drafting of the interim constitution of Nepal, advised on Bhutan’s compliance with international treaties, conducted a workshop with UN staff in Afghanistan,  and conducted a workshop for Parliamentary representatives from across South Asia in the Senate of Pakistan to create strong legislation for women and children. She was invited by the United Nations to advise on legal reform in 192 jurisdictions. 

She is regularly interviewed and comments on legal issues on the BBC, India Today, the New York Times, NPR, FAZ, NDTV, and other media.

Background

Nundy was born in India on 28 April 1976 to Dr. Samiran Nundy and Mrs. Sushmita Nundy. Dr. Samiran Nundy is an Indian gastrointestinal surgeon, medical academic, writer, President of All India Institute of Medical Sciences, Rishikesh and a 1985 Padma Shri awardee. Mrs. Sushmita Nundy was the founder Chair of the Spastics Society of India.

Nundy grew up with a desire to serve her community and nation. Growing up, her parents also actively committed themselves to government and community service. Her father worked at Harvard Medical School, but left to work at AIIMS and work in a public hospital in India. Her mother, having received the History prize during her  BA from the London School of Economics and pursuing a PhD in SOAS University, started the Spastics Society of Northern India on learning that Nundy's cousin was born with cerebral palsy.

Education

Karuna Nundy has a BA (Hons) Economics from St. Stephen's College, Delhi University. After a short stint as a TV journalist  she studied law at Cambridge University, where she was awarded the Emmeline Pankhurst Prize, the Amy Cohen Awards, the Becker Studentship and the Shell Travel Bursary. This was followed by an LL.M. from Columbia University, New York where she was awarded the prestigious Human Rights Fellowship. At Cambridge, she was Editor-in-Chief of the Cambridge University Law Society Journal.

Career

Clifford Chance LLP, International Arbitration Group and Essex Court Chambers

Nundy turned down a long term position with Clifford Chance in order to stay in India and instead took short term employment at Associate level to gain experience in Investment Treaty Arbitration including Telenor v Republic of Hungary, a claim by a  Norwegian investor company in a Bilateral Investment Treaty (BIT) claim. She also appeared in arbitrations including Telecommunications Consultants India Ltd. V PPCL Ltd (for Government of India PSU in a dispute over a contract in Algeria), Jayaswals Neco Pvt. Ltd v Trimex FZE and Jayaswals Neco Pvt. Ltd v GNDC (Hong Kong) (disputes over contracts to supply coke. At Essex Court Chambers, provided research  assistance to Sir Christopher Greenwood QC (subsequently  served as a judge at the ICJ), in Occidental vs Republic of  Ecuador before the UK High Court, which arose out of a Bilateral Investment Treaty between the USA and Ecuador.

Paytm petition to implement the TCCPR Rules and TRAI Act

Nundy represented Paytm, who sought the implementation of the provisions of the Telecom Commercial Communications Customer Preference regulations, 2018 and Telecom Regulatory Authority of India Act, 1997 to prevent unsolicited communications that defrauded and spammed consumers. She argued that the right to  informational privacy in Articles 21 and 19 includes the right to be free from spam and fraud borne of unsolicited communication. The Delhi High Court directed that the TCCPR Rules and TRAI Act should be implemented and strict action must be taken against violations.

1984 gas disaster and toxic waste dumps in Bhopal

Nundy has been tirelessly fighting for families and victims of the 1984 Bhopal Gas tragedy. She represents survivor groups, NGOs and other corporations seeking compensation from Union Carbide, criminal liability for the people responsible for the gas explosion, prevent the spread of toxic waste harming survivors and residents in the aftermath of the tragedy and enforcement of rights of survivors before the Supreme Court of India.  She argued for and secured the shutting down of cancer causing water outlets at toxic waste dump sites which are spread around the Union Carbide factory.

Marital Rape

Nundy represents women’s rights associations in petitions seeking criminalisation of marital rape by removing the marital rape exception from the penal statute books. The first petition to criminalise marital rape was filed at the Delhi High Court in 2015 by a nonprofit organisation called the RIT Foundation. Other petitions followed in 2017, including the petition by All India Democratic Women’s Association who Nundy represents. Nundy lead the arguments on unconstitutionality of the marital rape exception under Indian law before the Delhi High Court which proceeded to deliver a split verdict on the issue in 2022. The matter is currently pending before the Supreme Court where Nundy continues to argue for married women’s rights to be protected in the same manner as unmarried women.

Legalisation of Queer Marriage

Nundy represented two couples and one queer rights activist seeking legal recognition of queer marriage before the Delhi High Court. One petition that challenges the Special Marriage Act, Foreign Marriage Act and Citizenship Act is on behalf of an overseas citizen of India (OCI), and a US citizen seeking OCI status as a marital partner. The third petitioner is Mario D’Penha, who is a queer rights activist and academic pursuing a PhD at Rutgers University.

Criminal Law Amendments 2013 (Anti-rape Bill)

Nundy has also played a significant role in drafting the anti-rape bill after the 2012 Delhi gang rape which led to the Criminal (Amendment) Act, 2013. The drafting inputs and work with government was subsequent to her invitation to submit recommendations as an expert by the Justice JS Verma Committee constituted to recommend Amendments to the Criminal Law so as to provide for quicker trial and enhanced punishment for criminals accused of committing sexual assault against women. The Act amended several provisions of the Indian Penal Code, Indian Evidence Act, and the Criminal Procedure Code.

National Food Security Act, 2013 (Right to Food Act)

Nundy also served on the National Advisory Council (Law Drafting Committee) for the Right to Food Act. In recognition of the fundamental right to food, the Act provides subsidized food grains to approximately two thirds of the country's 1.2 billion people.

Shreya Singhal v. Union of India

Nundy appeared on behalf of People’s Union for Civil Liberties (PUCL), an NGO that defends civil liberties and human rights in India in the landmark Supreme Court judgment which struck down section 66A of the Information Technology Act, 2000. The case deals with freedom of speech and online censorship.

Jeeja Ghosh & Anr. v. Union of India & Ors.

In 2016, she represented Jeeja Ghosh in a case against SpiceJet Airlines. Ms. Ghosh had cerebral palsy and had boarded a flight from Kolkata to Goa. She was asked by airline staff to disembark the flight claiming she didn't look well and they didn't want her condition to deteriorate. She pursued a case against the airline in the Supreme Court and urged airlines to treat differently abled travellers. The Supreme Court ruled in her favour and ordered the airline to pay Rs 10 lakh to her and for all air carriers to train their staff on the needs and treatment of such passengers.

Covid-19 continuing mandamus before the Delhi HC

Nundy represented Aseemit Social Foundation, an NGO that sought implementation of measures for provision of oxygen, medical care, medicines, oximeters and other necessities for covid-19 patients under home care during the peak of the second wave when hospital beds were not available before the Delhi High Court. She argued for effective working of the GNCTD helpline and website, availability of telemedicine, bar coding and geo-tagging of oxygen cylinders that were in deficiency, covid-kits with all necessary provisions for treatment of covid-19 for those who couldn’t afford separate housing, medical provisions and food.

MC Mehta v. Union of India (sealing case) In a case related to sealing of residential properties before a three judge bench of the Supreme Court of India, Nundy represented residential owners whose properties had been sealed and were under threat of demolition. She argued that the monitoring committee appointed by the court cannot seal properties without following due procedure of law on the basis of the legal right to property of Article 300 of the Constitution. The Supreme Court accepted this argument and ruled in favour of the residential owners.

Sexual Harrasment and Assault case against Manik Katyal

Nundy represented close to 30 defendants, from young women photographers in India, Korea, Cambodia and elsewhere who complained against the photo editor and curator Manik Katyal for harassment and sexual assault.

Advisory Work on Gender Equality and anti-sexual harassment

Nundy has advised several companies with equality policies and prevention of sexual harassment policies. She has also worked with companies such as ITC Vivel and Penguin Random House to create education modules that simplify laws to empower women. One such video that she co-created with ITC Vivel as part of their Know Your Rights campaign received 6 million views.

Nundy worked as a lawyer in United Nations. In 2016, she represented Jeeja Ghosh in case against SpiceJet Airlines. Ms. Ghosh had cerebral palsy and had boarded a flight from Kolkata to Goa. She was asked by airline staff to disembark the flight claiming she didn't look well and they didn't want her condition to deteriorate. She was humiliated. She pursued a case against the airline in the Supreme Court and urged airlines to treat differently abled travelers. The Supreme Court ruled in her favour and ordered the airline to pay Rs 10 lakh to her and for all air carriers to train their staff on needs and treatment of such passengers.

International Law

Nundy is a member of the New York State Bar Association (2005 till the present date) , New York State Bar Association Committee on Alternative Dispute Resolution (2005-2017) and London Court of International Arbitration, Young International Arbitration Group (2006- 2017).

Nundy worked as a lawyer in United Nations as a Global Advocacy Officer, assisting the Secretary-General’s report on conflict prevention. She advised the Maldives Supreme Court and Attorney General’s Office in 2009-2010 and held widespread consultations to determine recommendations to implement the new constitution, in particular for legal empowerment and access to justice for children and women. She advised the Interim Government of Nepal on drafting of Constitution with UNICEF Nepal Country Office in August 2006 and advised on and drafted contributions to the Fundamental Rights section of the Nepal Interim Constitution. Her advisory work also includes a legislative workshop on constitutional rights with the Senate of Pakistan, advice to the Government of Bhutan with UNICEF Bhutan Country Office (Sept 2006) on fulfilment of its treaty obligations with regard to certain international human rights conventions, and advising SAARC countries on progress in legal reform and policy since 2001, pursuant to a number of SAARC and international conventions and its impact on the Millennium Development Goals. In 2007, she created a template for South Asian governments to cost and budget for child protection interventions with the UNDP Regional Centre in Colombo, UNICEF Regional Office South Asia.

In 2019, Nundy was appointed to the Global High Level Panel on Media Freedom, led by former Chief Justice of England Lord Neuberger and Amal Clooney. The Panel is a body of legal experts in media law and free speech, founded in July 2019 at the request of the United Kingdom and Canadian governments. With a Secretariat at the International Bar Association, the High Level Panel is the advisory body to a Media Freedom Coalition of 50 countries and is intervening as amicus before various courts - most recently the Inter-American Court on Human Rights

Public Engagement

Nundy is a leading feminist  and an established leader in reform advocating against sexual harassment at the workplace and anti-rape laws. She has been a prominent voice against sexual harassment and advised several companies on the subject. She has also argued several sexual harassment cases in the courtroom. Her contributions to India’s anti-rape law, specifically the 2013 Criminal Amendment Act, have been invaluable and are followed by her tireless attempts to amend the rape law and criminalise marital rape.

She engages in a multitude of pro bono work including securing rights for victims of the gas leak tragedy in Bhopal in 1984, seeking criminalisation of marital rape and legalisation of queer marriage. Nundy is a champion of freedom of speech and has argued for free online speech before the Indian Supreme Court. She has also been appointed as an expert on the panel for Global Freedom of Expression at Columbia University, New York.

Publications

Nundy has published a chapter on “Arbitration of Claims Relating to Environmental Damage in India” in the Wolters Kluwer book “Arbitration in India” edited by Dushyant Dave, Martin Hunter, Fali Nariman and Marike Paulsson. She recently authored A Report on Blasphemy Laws Globally,  on behalf of the High Level Panel on Media Freedom which was published by the International Bar Association Human Rights Institute and the High Level Panel on Media Freedom (through the International Bar Association with UNESCO). Nundy’s publications with agencies of the UN includes a paper titled “You Hate Me? Now go to Jail”: When “Hate” is Criminal published in ‘Intellectual, Philosophers, Women in India: Endangered Species, Women Philosophers Journal’. She was the lead researcher for Columbia Global Freedom of Expression’s Research Project on Violence Against Journalists, published by Columbia University’s Global Freedom of Expression. Nundy also authored the Global Status of Legislative Reform Related to the Convention on the Rights of the Child for the Global Policy Section, UNICEF, New York in 2004.

She has also written opinion pieces on legal issues for publications such as the New York Times, CNN, the Indian Express, Hindustan Times and the Hindu.