Research Papers

Human RightsVolume 3Issue 2

View

THE ROLE OF ARTIFICIAL INTELLIGENCE IN MIGRATION AND REFUGEE CONTROL

Dr. Rashmi K.S, Abdul Latef Mustafa, Rafia NousheenAug 29, 202610.5281/zenodo.2216269119 pages

Artificial Intelligence (AI) is increasingly transforming migration and refugee governance by enabling governments and international organizations to process large volumes of information, verify identities, assess risks, and support decision-making. AI-driven technologies, including biometric identification, facial recognition, automated border surveillance, predictive analytics, and automated application processing, are becoming important tools in migration control. While these technologies can improve administrative efficiency and strengthen border management, their use also raises significant legal, ethical, and human rights concerns. The article investigates the significance of artificial intelligence (AI) in migration and helping to control refugees. The focus is on the consequences for refugee protection, procedural fairness, protection of privacy, freedom from discrimination, and access to asylum. Within the article, the use of AI-based systems for the identification and classification of migrants, detection of security threats, movement monitoring, and support for admission, detention, deportation, and asylum applications are discussed. According to this article, AI contributes to the increasing efficiency and effectiveness of migration governance; however, relying too much on AI can lead to algorithmic biases, wrong assessments of risk, opacity of operations, wrong treatment of data, and unfair results for those immigrants and refugees in need. The methodology of the article is qualitative and doctrinal, based primarily on international refugee law and human rights law, national legislation, court rulings, policy documents, and scholarly literature. It examines states and international organizations’ responsibilities to ensure compliance of AI with human dignity, non-refoulement principle, privacy and equality. The article concludes that AI has to be used as a tool assisting human decision-makers rather than taking their place.

#Artificial Intelligence#Migration Control#Refugees

0 citations4 downloads14 min readPDF Available

PolicyVolume 3Issue 2

View

Health Information-Seeking Behaviour, Source Trust And Health-Preparedness Awareness Among University Students In Bengaluru: A Descriptive Cross-Sectional Study

Deepak B. M, Bhuvanesh SAug 28, 202610.5281/zenodo.2214883019 pages

The increasing availability of digital health information has changed how university students seek, evaluate and share information related to health. This study examined health-information-seeking behaviour, trust in different health-information sources and health-preparedness awareness among 200 university students aged 18 years and above in Bengaluru, Karnataka. A descriptive cross-sectional survey design was adopted, and data were collected using a structured questionnaire covering demographic characteristics, health-information-seeking behaviour, source trust and preparedness awareness. Participants were recruited through convenience sampling, with voluntary participation and informed consent. Data were analysed using frequencies, percentages, means, standard deviations, Cronbach's alpha and Spearman's rank-order correlation. Internet search engines (82.0%) and social media (75.5%) were the most frequently used sources of health information, whereas healthcare professionals (4.28 ± 0.78) and scientific/medical journals (4.17 ± 0.83) received the highest trust scores. The mean total preparedness-awareness score was 30.74 ± 5.21 on a possible range of 8–40. The three study domains demonstrated acceptable internal consistency, with Cronbach's alpha values ranging from .81 to .86. Information-seeking behaviour was positively associated with preparedness awareness (ρ = .42, p < .001), while source trust (ρ = .35, p < .001) and information-verification behaviour (ρ = .48, p < .001) also showed significant positive associations with preparedness awareness. The findings indicate that although university students frequently rely on digital sources for health information, they place greater trust in professional and scientific sources. Strengthening students' abilities to evaluate, verify and appropriately use health information may therefore contribute to improved behavioural public-health preparedness.

#Health Information#Information-seeking Behaviour#Source Trust

0 citations6 downloads14 min readPDF Available

Constitutional LawVolume 3Issue 2

View

Gender Justice And Property Rights: A Critical Analysis Of Female Intestate Succession Under Hindu Law

Princi Goyal, Ananya SinghalAug 28, 202610.5281/zenodo.2214907320 pages

Inheritance laws play a crucial role in determining the distribution of property and the economic security of individuals within a family. In India, the evolution of inheritance laws has been significantly influenced by religious traditions, customary practices, and patriarchal social structures. Historically, Hindu succession laws were deeply rooted in ancient religious texts such as the "Manusmriti, Yajnavalkya Smriti, and Narada Smriti", which mainly favoured a male-centric system of property inheritance. Women were generally excluded from ownership of ancestral property and were often treated as dependents within the family structure. The enactment of the "Hindu Succession Act, 1956" made significant development of Hindu inheritance law, granting women ownership rights over property and introducing a more uniform system of inheritance. However, the original framework of the Act continued to reflect certain gender disparities, particularly with respect to coparcenary rights and the devolution of property inherited by Hindu females. Subsequent legal reforms, particularly the "Hindu Succession (Amendment) Act, 2005", aimed to address these inequalities by granting daughters equal coparcenary rights in joint family property. Despite these reforms, complexities remain regarding the devolution of property inherited by Hindu females from various sources, such as their father, mother, husband, or father-in-law. This research paper adopts a doctrinal approach to examine the legal principles governing the succession of property inherited by Hindu females. It analyzes the statutory provisions, historical evolution, and judicial interpretations of succession laws while evaluating their impact on gender justice and women’s property rights in India. The study seeks to determine whether the current legal framework effectively promotes equality or whether certain provisions continue to perpetuate patriarchal norms within inheritance law.

#Hindu Succession Act#Gender Equality#Property Rights

0 citations3 downloads14 min readPDF Available

Technology & LawVolume 3Issue 2

View

Royalty Reform Undone By Tax Design: The Interplay Of GST And MMDR In Indian Rare Earth Mining Sector

Dr. Veer Mayank, Niharika PriyadarshiAug 28, 202610.5281/zenodo.2214911424 pages

India holds the third largest rare earth reserves in the world. Rare earth elements power electric vehicles, wind turbines, defence avionics, MRI scanners, semiconductors, and 5G infrastructure, making them the material foundation of the modern industrial economy. For India, developing domestic processing capacity is not simply an economic choice. It is a condition of technological self-reliance. A country that mines rare earths but ships them abroad for refining remains a raw material exporter regardless of the size of its reserve base. India has historically done exactly that: IREL (India) Limited has mined monazite sands since 1950, yet the country produces only about 2,900 tonnes of rare earth oxides annually against China’s 270,000 tonnes and over 90 per cent of global refining capacity. The strategic cost of that gap is no longer theoretical. China’s April 2025 export licensing requirements for rare earth magnets demonstrated how quickly supply chains for defence and clean energy technologies can be disrupted when processing capacity is concentrated in a single jurisdiction. Building domestic separation, refining, and magnet manufacturing capacity is therefore a question of national security as much as industrial policy. India’s rare earth governance reflects successive legislative shifts. The Atomic Energy Act 1962 confined extraction to state entities for over six decades. The MMDR Act 1957 was amended in 2015 to introduce competitive auctions and again in 2023 to give the Central Government authority to auction 24 critical minerals. The Cabinet notified a 1 per cent royalty rate for rare earth elements on 12 October 2023. The MMDR Amendment 2025, Finance Bill 2026 corridor scheme, and the National Critical Mineral Mission are the latest phase of this effort. The MMDR 2025 reduced royalty rates from 12% to 1% under Entry 50, List II, to attract mining investment. The Central Board of Indirect Taxes and Customs simultaneously charges 18% GST on those royalties through the Reverse Charge Mechanism, while output GST on mineral sales sits at 5%. The 13% working capital gap absorbs most of what the royalty cut was supposed to free up. This structural contradiction raises questions under Articles 39(b) and (c) of the Constitution: the burden falls disproportionately on smaller operators, and concentration of the field in large integrated companies follows as a direct consequence. The constitutional analysis engages with Property Owners Association v State of Maharashtra (2024), which refined Article 39(b)’s scope, and Mineral Area Development Authority v Steel Authority of India (2024), which confirmed royalty is contractual consideration rather than a tax, opening retrospective state cesses from April 2005. The article draws on the EU Critical Raw Materials Act (2024), Australia’s Critical Minerals Strategy 2023–2030, and China Rare Earths (2014) to argue India’s fiscal incoherence is a self-inflicted disadvantage where other jurisdictions have aligned their tax and industrial policy. This article argues the regulatory framework is working against the very goals these reforms were designed to serve.

#Royalty#Gst#Rare Earth

0 citations8 downloads15 min readPDF Available

Social JusticeVolume 3Issue 2

View

Tourism, Environment, And Sustainable Governance In Himachal Pradesh: A Socio-Legal Analysis

Dr. Bhavana SharmaAug 28, 202610.5281/zenodo.2214901213 pages

In the economy of Himachal Pradesh, tourism plays a significant role of major contributor. The geography of Himachal Pradesh having distinct ecological diversity, mountainous landscapes, religious destinations, and cultural heritage are the major attractions for not only domestic tourists but at international level also. However, this growing tourism is good for finacial health of the State but it has raised major concern for ecological balances and environment degradation. And in the present study efforts have been made to analyse the the relationship between tourism, environmental sustainability, and governance mechanisms in Himachal Pradesh through a socio-legal and empirical approach. For which both primary and secondary data was used. Primary data was collected through questionnaires administered to 120 respondents including local residents, tourists, students, and business operators from Shimla, Manali, Dharamshala, and Kullu. And the results of this study shows that while tourism significantly contributes to employment and economic growth, unregulated tourism practices have intensified environmental degradation and infrastructural pressure. And the study comes to the conclusion that there is need to adopt sustainable practices and government should promote sustainable tourism by spreading more awareness.

#Tourism#Sustainability#Environment

0 citations5 downloads14 min readPDF Available

PolicyVolume 3Issue 2

View

Behavioural Science In Public Health Preparedness In India: From Health Information To Preventive Action

Deepak B. M, Bhuvanesh SAug 28, 202610.5281/zenodo.2214887922 pages

Public-health preparedness depends not only on the capacity of health systems but also on how individuals understand, evaluate and respond to health threats and public-health recommendations. This conceptual review examines the role of behavioural science in strengthening public-health preparedness in India, with particular attention to six interconnected dimensions: health information, health literacy, risk perception, trust, social influence and self-efficacy. Drawing on established behavioural perspectives, including the Health Belief Model, Theory of Planned Behavior, Social Cognitive Theory and health-literacy frameworks, the paper examines how these determinants may influence preventive health behaviour and behavioural preparedness. The review proposes an integrated conceptual pathway in which the health-information environment influences health literacy, which in turn interacts with risk perception and trust, social influence and self-efficacy to shape preventive behaviour and ultimately individual and community preparedness. The Indian context is considered in relation to population diversity, socioeconomic conditions, language, culture, healthcare access, digital connectivity and institutional trust. The review further identifies research gaps concerning information evaluation, digital health environments, risk perception, trust, social influence, measurement and longitudinal evidence, and proposes a progressive research programme moving from descriptive and relational research to measurement development, comparative, longitudinal and intervention studies. The paper argues that behavioural preparedness should complement conventional epidemiological and health-system indicators and that public-health communication should move beyond information delivery towards approaches that strengthen understanding, credibility, appropriate risk perception, social support and behavioural capability. The proposed framework is conceptual and requires empirical validation before its relationships can be considered established or causal.

#Public-health Preparedness#Health Literacy#Risk Perception

0 citations4 downloads14 min readPDF Available

Human RightsVolume 3Issue 2

View

Humanity Law And Humanity Courts: A Proposed Framework For A Universal System Of Human-Centred Justice

Narendra KoushikAug 28, 202610.5281/zenodo.2214237011 pages

Humanity faces a range of challenges that transcend national borders, including armed conflict, extreme poverty, discrimination, displacement, environmental destruction, exploitation and threats to human dignity. Although existing national and international legal systems provide important mechanisms for protecting human rights and maintaining international order, significant gaps remain in ensuring that the interests of humanity as a whole are consistently recognised and protected. This article proposes the concept of Humanity Law as a human-centred normative framework founded on the principles of human dignity, equality, peace, freedom, solidarity and the protection of future generations. It further proposes the establishment of Humanity Courts as independent judicial institutions capable of addressing serious violations of fundamental principles affecting humanity as a whole. The proposed framework is not intended to replace existing national courts, international courts or human-rights institutions. Rather, it seeks to explore whether a complementary legal institution could provide an additional mechanism for addressing matters that transcend conventional jurisdictional boundaries. The article examines the conceptual foundations, possible jurisdiction, institutional structure, procedural safeguards and enforcement mechanisms of Humanity Courts. The article argues that the development of Humanity Law should be approached as an evolving legal and philosophical project based upon the proposition that legal systems ultimately exist to protect human beings and human dignity.

#Humanity Law#Humanity Courts#Human Dignity

0 citations2 downloads14 min readPDF Available

PolicyVolume 3Issue 2

View

BRIDGING THE GENDER JUSTICE GAP IN INDIA - A Law Reform Proposal for Gender-Responsive Access to Justice

ShellyAug 26, 202610.5281/zenodo.2211234314 pages

Gender justice in India has developed through constitutional guarantees, protective legislation and an expanding body of judicial decisions. Yet formal equality has not consistently translated into substantive equality. Women and gender-diverse persons continue to encounter barriers arising from unequal access to institutions, gender stereotypes, economic dependence, gaps in implementation and uneven institutional capacity. The central problem is therefore not the absence of law alone, but the distance between legal entitlement and practical access to justice. This policy brief proposes a Gender Justice Access and Accountability Framework designed to strengthen implementation without creating an entirely separate legal regime. The proposal focuses on five connected reforms: mandatory gender-responsive legal-aid and referral mechanisms at district level; standardised protocols for police, prosecutors and other first-contact institutions; stronger accountability and monitoring of statutory compliance; gender-impact assessment for major criminal and social legislation; and an integrated national data framework capable of measuring not only complaints and convictions but also delays, withdrawals, access to legal aid and institutional outcomes. The proposal also recommends targeted amendments to existing institutional frameworks, including clearer statutory duties for designated nodal officers, time-bound reporting, independent audits and minimum training standards. Comparative experience from the United Kingdom, Australia and Canada demonstrates that equality objectives become more effective when supported by institutional duties, impact assessment and measurable accountability rather than relying exclusively on general prohibitions. The proposed reforms can be implemented in three phases over thirty-six months. The immediate phase would establish standards and pilot district-level mechanisms; the medium-term phase would institutionalise monitoring and impact assessment; and the long-term phase would integrate evaluation into legislative and administrative decision-making. The objective is not to privilege one gender over another, but to make equality before law meaningful by reducing structural barriers to justice and improving the responsiveness of public institutions.

#Gender Justice#Access To Justice#Legal Aid

0 citations2 downloads14 min readPDF Available

Constitutional LawVolume 3Issue 2

View

From Ombudsman To Watchdog: Reassessing The Lokayukta's Role In Combating Corruption Within The Constitutional Framework

Debasree GhoshAug 26, 202610.5281/zenodo.2210996317 pages

Corruption remains one of the most persistent impediments to good governance, eroding public trust, weakening democratic institutions, and undermining socio-economic development. In the Indian context, the establishment of the Lokayukta was conceived of as a major institutional innovation in ensuring transparency and accountability within the administrative machinery. Conceived as its state-level counterpart at the central level, the Lokayukta is India's version of the ombudsman, meant to investigate graft, maladministration, and abuse of power among public functionaries. The Lokayukta, despite being created with such constitutional and legislative backing, has had variable efficacy across states. This raises some very critical questions with respect to how well the Lokayukta ensures functional autonomy, clarity in jurisdiction, and strong institutionality. This research article critically evaluates the emergence, relevance, and challenges of the Lokayukta as a watchdog against corruption within the Indian constitutional framework. It explores the trajectory from the Scandinavian concept of the ombudsman to India’s unique model of a quasi-judicial anti-corruption authority. The paper examines the constitutional philosophy underpinning the establishment of such institutions, focusing on the Directive Principles of State Policy, the rule of law, and the principles of accountability entrenched in the Indian Constitution. Through doctrinal and comparative analysis, the paper considers how different state legislations-including Karnataka, Maharashtra, and Kerala-have given operational meaning to the Lokayukta, with variations in powers, procedures, and effectiveness. The study identifies certain critical institutional and political impediments that have hampered the effectiveness of the Lokayukta, including lack of enforcement powers, dependence on the executive for appointments and resources, and political interference in investigations. Case studies of high-profile interventions by different Lokayuktas have underlined the enormous potential that this institution holds for bringing about a reduction in corruption at the state level. The research also looks at the interaction between the Lokpal and Lokayukta Act, 2013, with the pre-existing mechanisms at the state level, and how far the Act strengthens or dilutes the constitutional intent of decentralizing anti-corruption oversight. While reassessing the role of Lokayukta, this paper presents a reform-oriented approach with the integration of legal, institutional, and procedural safeguards, ensuring the independence and efficacy of the Lokayukta. It advocates uniform legislation across states, constitutional recognition to enhance its authority, and mechanisms for greater citizen participation in the complaint and oversight process. The study concludes that transforming the Lokayukta from a symbolic ombudsman into an empowered constitutional watchdog requires not only robust legal reform but a political and bureaucratic commitment to integrity and accountability as well. Ultimately, the paper emphasizes that a strong Lokayukta, in step with the constitutional ethos of India, can become an important pillar for realizing the vision of transparent, responsible, corruption-free governance-a necessary condition for deepening democracy and rule of law.

#Lokayukta#Corruption#Constitutional Framework

0 citations3 downloads15 min readPDF Available

Social JusticeVolume 3Issue 2

View

Child Labour In India : Law And Reality

K.Rajesh Kumar, A. DineshkumarAug 26, 202610.5281/zenodo.2211043127 pages

Child labour remains one of the significant social and legal challenges in India, despite the existence of constitutional safeguards, statutory provisions, judicial interventions, and various governmental measures aimed at its elimination. The employment of children not only affects their physical and mental development but also deprives them of education, dignity, childhood, and opportunities for a better future. The continued existence of child labour raises important questions regarding the effectiveness of the legal framework and its implementation in practice. This study critically examines child labour in India by analysing the constitutional framework, relevant statutory provisions, judicial interpretations, governmental measures, and the practical realities associated with the persistence of child labour. Particular emphasis is placed on the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, constitutional provisions relating to the protection and development of children, and the role of the judiciary in safeguarding children from exploitation. The study further examines the major socio-economic factors contributing to child labour, including poverty, lack of education, unemployment, and social inequality. Adopting a doctrinal research methodology, the study relies upon constitutional provisions, statutory enactments, judicial precedents, government reports, recognised legal commentaries, research articles, and other relevant secondary sources. The research seeks to identify the gap between the legal prohibition of child labour and its continuing existence in Indian society. It critically evaluates whether the existing legal and institutional mechanisms are adequate to prevent child labour and ensure the effective rehabilitation and protection of affected children. The study ultimately seeks to highlight the need for effective implementation of child labour laws, stronger enforcement mechanisms, accessible education, rehabilitation measures, and coordinated governmental and institutional efforts to achieve the constitutional objective of protecting children from exploitation and ensuring their right to a dignified childhood.

#Child Labour#Child Rights#Child And Adolescent Labour

0 citations2 downloads14 min readPDF Available

Social JusticeVolume 3Issue 2

View

Victim Right In Cases Of Online Harassment And Digital Abuse

Sakshi, Ananya ChaudharyAug 26, 202610.5281/zenodo.221109677 pages

The growth of the internet and digital technology has changed the way people communicate, learn, work, and share information. Social media platforms, messaging applications, and online communities have become an important part of daily life. However, along with these benefits, the digital world has also created new forms of harm, such as online harassment, cyberbullying, cyberstalking, online threats, identity theft, and the unauthorized sharing of personal information or images. Online harassment and digital abuse can have serious effects on victims, including emotional distress, mental health problems, damage to reputation, financial loss, and a loss of privacy. Many victims face difficulties in reporting these crimes, collecting evidence, and obtaining legal protection. Therefore, protecting the rights of victims has become an important issue in the digital age. Victims’ rights refer to the rights and protection provided to individuals who suffer from online abuse. These rights include the right to privacy, right to safety, right to report offences, right to legal remedies, right to compensation, and right to support and assistance. Governments, law enforcement agencies, and technology companies play a significant role in ensuring that these rights are protected This research paper examines the concept of victims’ rights in cases of online harassment and digital abuse, discusses the challenges faced by victims, and explores the legal and practical measures needed to ensure justice, protection, and accountability in the digital environment.

#Online Harassment#Digital Abuse#Cyberbullying

0 citations2 downloads14 min readPDF Available

Technology & LawVolume 3Issue 2

View

Privacy On Instagram Vs State Surveillance: A Critical Analysis Of Government Access To Social Media Data In India

Tamina AkterAug 26, 202610.5281/zenodo.2211379911 pages

This paper examines the conflict between individual privacy on social media platforms, particularly Instagram, and the expanding scope of government surveillance in India. The study analyses the statutory framework comprising the Information Technology Act 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, the Digital Personal Data Protection Act 2023, and the recent 2026 amendments to the IT Rules. Through a doctrinal methodology, it evaluates how these laws enable state access to user data while simultaneously claiming to protect privacy. Judicial developments, particularly Justice KS Puttaswamy v Union of India and Shreya Singhal v Union of India, are critically analysed to assess constitutional safeguards. The paper argues that despite recognising privacy as a fundamental right, the current legal regime creates a structural imbalance favouring state control. It concludes that stronger safeguards and clearer limitations on surveillance powers are necessary to protect digital privacy in India, and that independent oversight is central to reconciling security imperatives with constitutional guarantees.

#Privacy#Instagram#State Surveillance

0 citations2 downloads14 min readPDF Available

PolicyVolume 3Issue 2

View

Case Comment On Afcons Infrastructure Ltd. & Anr. V. Cherian Varkey Construction Co. (P) Ltd. & Ors.

Aditya Bhujade, Tanishka GhuguskarAug 25, 202610.5281/zenodo.2210079012 pages

This landmark verdict by the Supreme Court of India is significant as it clarifies the scope and purpose of Section 89 of the Code of Civil Procedure, 1908 [1] , in order to facilitate the amicable settlement of disputes outside the traditional court process. It establishes a procedural, legal framework for parties and courts to designate appropriate dispute resolution forums. The backdrop against which Afcons was decided is essential to understanding the judgment's significance. By the turn of the millennium, Indian courts were contending with a mounting backlog of civil litigation, rendering the institutional promotion of alternative dispute resolution a legislative necessity rather than a mere policy preference. In 1988, the Law Commission of India in its 129th Report recommended the introduction of a conciliation court mechanism to address the growing pendency of cases, and the Malimath Committee similarly urged Parliament to make court referral to ADR forums a statutory obligation; these twin recommendations formed the direct legislative basis for the Code of Civil Procedure (Amendment) Act, 1999, which inserted Section 89 into the CPC, coming into force on 1 July 2002. [2] [1] § 89, Code Civ. Proc. (1908) (India). [2] Law Commission of India, One Hundred and Twenty-Ninth Report on Urban Litigation: Mediation as Alternative to Adjudication (1988); Shreya Prakash, 'The Evolution of Section 89 of the Code of Civil Procedure: From Case Law to Reform' (SCC Times, 26 February 2025) <https://www.scconline.com/blog/post/2025/02/26/the-evolution-of-section-89-of-the-code-of-civil-procedure-from-case-law-to-reform/> accessed 23 August 2026.

#Alternative Dispute Resolution#Section 89#Code Of Civil Procedure

0 citations3 downloads14 min readPDF Available

Human RightsVolume 3Issue 2

View

Dharma Reinterpreted: A Study On The Mahabharata's Role In Shaping Modern Hindu Jurisprudence

Prof. Adithi.N.VAug 25, 202610.5281/zenodo.2210089823 pages

The Mahabharata is more than just one of India’s greatest epics; it is a cornerstone of Indian civilization that has profoundly shaped modern Hindu law through its exploration of dharma —the complex concept of duty, righteousness, and justice. This paper investigates how the ethical and legal principles woven into the Mahabharata have influenced contemporary Indian jurisprudence, specifically regarding property rights, succession, and marriage regulations. The study traces the journey of these ideas from ancient dharmashastra traditions, through the era of colonial Anglo-Hindu law, to the modern statutory frameworks we see today, such as the Hindu Marriage Act (1955) and the Hindu Succession Act (1956). While modern judges rarely cite the Mahabharata directly in courtrooms, the epic’s principles continue to underpin the moral logic of Hindu personal law. This research demonstrates that the epic’s influence operates not through direct citation, but through the transmission of ethical concepts that have been codified and reformed to meet today’s demands for gender justice and social equality.

#Hindu Law#Mahabharata#Dharma

0 citations3 downloads14 min readPDF Available

Human RightsVolume 3Issue 2

View

Case Comment on Nipun Saxena & Ors. V. Union Of India & Ors

Sahil Khan, Ridhima JoonAug 24, 202610.5281/zenodo.220800869 pages

The judgment in Nipun Saxena & Ors. v. Union of India & Ors. 1 delivered on 11 December 2018 by a Bench of Hon’ble Mr. Justice Madan B. Lokur and Hon’ble Mr. Justice Deepak Gupta, is, perhaps, one of the most important rulings of the Supreme Court on the Identity and privacy of sex abuse victims. The case arose from a group of writ petitions under Article 32 of the Constitution filed by public spirited individuals and organizations including Nipun Saxena. These petitions highlighted the recurring practice of disclosing, directly or indirectly, the names and personal details of rape victims and children subjected to sexual abuse, despite statutory prohibitions. The petitions thus invoked the Court’s writ jurisdiction not only to protect individual victims but to evolve a uniform national policy safeguarding the dignity and privacy of all victims of sexual crimes. The Bench itself noted at the outset that the core issue in these cases was: “How and in what manner the identity of adult victims of rape and children who are victims of sexual abuse should be protected so that they are not subjected to unnecessary ridicule, social ostracisation and harassment…”2. This question was of particular urgency because the Court observed, based on numerous cases and media reports, that even when a victim’s name was withheld, her identity was being revealed through other details such as her school, neighbourhood, family members’ names, or photographs with blurred faces but unblurred backgrounds. In small communities this “jigsaw” of information was enough to identify the victim. The Court therefore structured its judgment in two distinct parts: • Part I deals with adult victims of rape and allied offences under IPC. • Part II deals with victims of offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO). This reflects the Court’s acknowledgment that, though the harm social stigma at the root level and secondary victimization is similar, the legal framework differs, Section 228A IPC and Section 327 CrPC apply to adults, while POCSO provisions and Section 74 of the JJ Act, 2015 govern child victims. The judgment is not merely a reiteration of existing provisions but an attempt to harmonize different statutes, fill administrative gaps, and give constitutional content to victims’ rights to privacy and dignity under Article 21. By taking Suo motu notice of the absence of any recognized welfare institutions under Section 228A(2)(c) IPC and by issuing binding directions under Article 142 until the government frames appropriate rules, the Court signaled its willingness to use its constitutional powers to create a coherent and enforceable victim protection regime. In short, Nipun Saxena begins as a question about anonymity of victims in media reports, but evolves into a blueprint for a victim-centric criminal process in India.

#Privacy#Dignity#Sexual Offences

0 citations3 downloads15 min readPDF Available

Human RightsVolume 3Issue 2

View

The Ownership–Consent Divide: Copyright And Sexually Explicit Deepfakes

Abhipriyo Dasgupta, Kastoorika Basu, Pritisha RoyAug 24, 202610.5281/zenodo.2208017510 pages

Treating non-consensual sexual AI deepfakes and synthetically generated child sexual abuse material (CSAM) as abuses of intellectual property laws correspond to a category error. Doctrinally, the Indian law on digital offences against women and children is tested both on the supply side (protection of the author’s economic rights overshadows the rights of the person represented) and the demand side (personality rights are an aspiring tool, mostly accessible to celebrities). At the procedural level, notice and takedown procedures mandated by section 79 IT Act do not respond to the harm caused by rapid circulation of deepfakes. Cross-border circulation, voracious consent frameworks, and data silos within Indian law enforcement create further response challenges. This paper argue that the Indian governmental framework does not suffer from a law contiguity deficit but an actionability deficit. To restore individual agency and autonomy in the face of deepfake-enabled harassment and molestation, the Indian law needs to identify the consent to sexual representation as an autonomous governing right under Article 21. The Indian law needs to build a new class of offenses against sexual autonomy and recommend targeted design obligation for tech firms which enable such harms.

#Ai Deepfakes#Category Error#Section 79 It Act

0 citations3 downloads14 min readPDF Available

PolicyVolume 3Issue 2

View

Vishaka Guidelines: - Analyzing It's Need And Effectiveness In The Society

Bhaswati DharAug 22, 202610.5281/zenodo.220505875 pages

In a Democratic Country like India, every women is entitled to have a basic safety , sound environment and equality right at their workplace. As previously, their was no such Legislative measures for preventing or to deal with such offences, but after the case of Vishaka v. State of Rajasthan decision in 1997[1], it lays down a number of significant guidelines which seeks to contribute towards the protection of women at their workplace. Even after nearly three decades since the pronouncement of these guidelines, the underlying problem persists on a considerable scale. A 2024 review of the law found that thirty seven percent of professionals surveyed, most of them women, reported having experienced harassment at their workplace, while a large share remained unaware of the protections available to them under the law.[2] This continuing prevalence underlines why judicial intervention in 1997, though limited to interim guidelines pending legislation, was regarded as urgently necessary. Being a social worker, Bhanwari Devi who gave efforts to stop marriage of an infant daughter of Gujjar’s family, faced an ire from the opposition, which turns into a brutal revenge from her. Due to the failure of the criminal justice system, it led to the urgent need for proper safety measures for women at work. The case turned into a constitutional moment when the Supreme Court upheld women’s right to work with dignity and laid down guidelines for employers which need to be followed at workplace.

#Vishaka Guidelines#Workplace Sexual Harassment#Fundamental Rights

0 citations17 downloads14 min readPDF Available

PolicyVolume 3Issue 2

View

SIGNING THE HIGH SEAS: India and the BBNJ Agreement's Marine Genetic Resources and Area-Based Management Regimes, and the Domestic Legislation Ratification Will Require

Adv. Heena KhatunAug 22, 202610.5281/zenodo.2205004732 pages

The BBNJ Agreement entered into force on 17 January 2026, and India, a signatory since 25 September 2024, remains outside it. This article argues that India should ratify early and legislate concurrently rather than sequentially, because the Agreement’s obligations attach to activities Indian public institutions are already conducting, because the parameters India most needs to shape are being fixed in the run-up to the first Conference of the Parties, and because the distance between the Agreement and current Indian law, though real, is narrow enough to be closed by a single focused implementing statute. Working doctrinally across the Agreement’s marine genetic resources, area-based management and environmental impact assessment chapters, the article maps each obligation against the Biological Diversity Act 2002 as amended in 2023, the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act 1976, and the environmental clearance regime built under the Environment (Protection) Act 1986, and finds each instrument territorially confined in ways that cannot be cured by interpretation. Its contribution is architectural: it specifies the outbound notification duty, national focal point, benefit-sharing routing mechanism, flag-state enforcement power and assessment procedure that an Indian BBNJ implementation statute must contain, and shows why the familiar objection that a state should ratify only once it is ready inverts the actual sequencing risk.

#Bbnj Agreement#Marine Genetic Resources#Area-based Management

0 citations7 downloads14 min readPDF Available

Technology & LawVolume 3Issue 2

View

Mitigating Cross-Border Data Transfer Risks For US Tech MNES Under India's DPDP Framework: A Legal And Compliance Analysis Of Section 16 Of The Digital Personal Data Protection Act, 2023 And Rule 15 Of The Digital Personal Data Protection Rules, 2025

Sakshi DwivediAug 21, 202610.5281/zenodo.2204808415 pages

India's Digital Personal Data Protection Act, 2023 (“DPDP Act”), operationalised through the Digital Personal Data Protection Rules, 2025 (“DPDP Rules”), replaces two decades of piecemeal Indian data governance with a single cross-sectoral regime. Section 16 of the Act and Rule 15 of the Rules adopt a permissive “negative list” model for cross-border data transfer: Personal data may leave India freely unless the Central Government specifically restricts the destination. For US technology multinational enterprises (MNEs) which operate India's largest consumer platforms, cloud infrastructure, and payment rails this model trades the rigidity of data localisation for a different risk: Open-ended regulatory discretion, an unpublished and still-evolving list of restricted jurisdictions, and an unresolved conflict with the US CLOUD (Clarifying Lawful Overseas Use of Data) Act's power to compel disclosure of data regardless of where it is stored. This paper examines the legal architecture of DPDP cross-border transfer rules, benchmarks it against the EU's adequacy- based model, maps the specific risk exposures facing US tech MNEs, and proposes a structured mitigation framework spanning data governance, contractual design, technical architecture, and regulatory engagement. The analysis is intended to support corporate legal, compliance, and public-policy roles that require a working command of India's evolving data protection landscape.

#Digital Personal Data Protection Act 2023#Dpdp Rules 2025#Section 16

0 citations3 downloads14 min readPDF Available

PolicyVolume 3Issue 2

View

Analog Roots, Digital Syndicates: Rethinking Section 111 Of The Bharatiya Nyaya Sanhita, 2023

Ishikaa Pareek, Aditya TiwariAug 21, 202610.5281/zenodo.2204876510 pages

The Bharatiya Nyaya Sanhita (BNS), 2023 introduced, for the first time, a nationwide legal framework to deal with organised crime through Section 111. Unlike the earlier position, where only a few States had special laws on organised crime, Section 111 applies across India. It also broadens the concept of organised crime by including financial fraud, economic offences, and cybercrimes along with traditional offences committed by organised criminal syndicates. While this reflects the changing nature of organised crime, it also raises an important legal question. Does treating economic and cyber offences in the same way as violent organised crime strengthen the law, or does it blur the distinction between two different kinds of criminal activity? This paper examines how organised crime has changed from traditional violent syndicates to modern networks involved in financial and cyber offences. It analyses the scope of Section 111, the meaning of continuing unlawful activity, and the concerns raised about its wide wording, overlapping laws, and possible misuse. The paper also discusses recent decisions of various High Courts to examine how the provision is being interpreted in practice. It argues that while Section 111 has the potential to strengthen the fight against organised crime, looking at every organised crime through the same lens is not commendable, it may weaken the distinction between violent organised crime and organised economic offences, leading to concerns about proportionality and the appropriate scope of criminal liability.

#Section 111 Bns#Organised Crime#Cybercrime

0 citations5 downloads14 min readPDF Available

Research papers

Archive performance at a glance

Research papers

Archive performance at a glance

Browse by topic

Ask in natural language

Most downloaded

Most cited papers

Recent papers

Research made easier to discover, read and cite.

Browse by volume