Volume 11 | Issue 2

 Abstract

Internet technology in simple words is nothing but a network of computer systems connected at a local or global level. Initially this technology was developed for military purposes; but now has become integral part of almost all households through various applications and systems, inherent in our digital lives. The growth of internet technology in India has radically progressed after the year 2009, with introduction of 3G services that caused an explosion in the means of accessing the internet via mobile phones. With 4G service, India is the third largest internet user of the world. This new technology has proven to be beneficial on three levels: to the basic user, the businesses, the government. Regulation of internet technology services was primarily focused upon control of the service providers. However, subsequently the government regulation has now extended to control of content in terms of censorship as well as over the accessibility of the internet itself. To justify, it has been argued that the medium of internet can be easily abused specially with all the technical advances made in the recent past, faulty content can be posted anonymously. Would the requirement for regulation justify the restrictions placed on the usage and access to internet? Internet technology plays a key role in enhancement of right to know, speech, expression, and the right to education. The object of the paper is to examine the contours of the right to access internet in the Indian context and it's interplay with right to know, freedom to speech, expression and right to education. This technology does have it's demerits nonetheless largely has conferred benefits to human society, therefore needs to be regulated in a balanced manner without curtailing the rights of people.

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 Keywords

Internet, Access, Right, Information, Restrictions, 2G, 3G, Technology

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This paper is focused on introduction of Digital Personal Data Protection Act, 2023 ("DPDP Act") in India and the probable compliance challenges which may be faced by Indian Businesses while complying with provisions of the DPDP Act. Indian businesses will witness a shift in data governance and privacy regulations on the similar lines with General Data Protection Regulation ("GDPR") of European Union. With the advent of technology, Indian businesses have started collecting Digital personal data of individuals and storing such data for future references. Such storage and process of data without consent may create problems like data theft, misuse of data etc. So, the introduction of DPDP Act is a welcome step to safeguard digital personal data of individuals while promoting economic growth. It is well settled principle of law that "when there is right, there should be corresponding remedy". There are strict provisions under the DPDP Act for data handling and data processing which may pose compliance challenges for Indian Businesses such as data minimization, encryption, consent requirements, transfer of data to outside India etc. In case of non-compliances, Indian Businesses will be facing harsh penalties. To overcome all these challenges, Indian Businesses will have to build effective data protection mechanism within the organization which may definitely add cost in near future. The DPDP Act has also mandated Consent requirements from Data Principals before collecting and processing their data. Few prescribed Business entities will have to appoint specialized Data Protection Officers (DPOs) within the organization to ensure due compliance of the DPDP Act provisions from time to time. One of the biggest challenges Indian Businesses may face with regards to skilled workforce to understand and educate internal stakeholders about the DPDP Act compliances. There is no doubt this may become an additional burden especially on Micro, Small and Medium-sized enterprises (MSMEs). Though DPDP Act may become challenge for Indian Businesses but it will bring reforms in data governance in todays digital era. Indian Businesses will have to understand compliance requirements of the DPDP Act to mitigate the risk. This will definitely build competitive advantage for Indian Businesses worldwide

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 Keywords

Compliance challenges, Indian Businesses, Digital Personal Data Protection Act, 2023 ("DPDP Act"), GDPR, Data protection

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Creative Commons Attribution 4.0 and The Open Definition

 Abstract

The Indian Banks are burdened by the bad loans and the entire Banking system was looking at the Insolvency and Bankruptcy Code,2016 as a game changer and a ray of hope in resolving their bad loans. However it is now clear by every forum in the ecosystem that the code is not meant for recovery of bad loan but it's a mechanism for resolution of Corporate Insolvency and therefore the Banks are again seems to be returning back to the existing recovery provisions under Recovery of Debt and Bankruptcy Act ,1993 and SARFAESI Act,2002 in managing their recovery. The existing infrastructure available in the Country is not seems compatible to meet the expectation of the Banks and Financial institution in resolving their Recovery issues, looking at the increasing pendency of the cases before the Debt Recovery Tribunals and simultaneously Banks and FI are not seems proactive in pursuing and utilizing the recovery ecosystem available in effective manner .

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UTILIZATION OF RECOVERY ECOSYSTEM BY THE BANKS AND FINANCIAL INSTITUTION IN RESOLVING THEIR BAD LOANS /NPA .

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This paper presents a unique and comprehensive investigation into the intricate dynamics of artificial intelligence (AI) integration within the legal profession, focusing primarily on India and global contexts. It meticulously examines the implications of AI adoption in legal systems, encompassing its advantages, challenges, and regulatory frameworks. The study delves deep into the ethical dimensions of AI utilization, including considerations of bias, accountability, and data privacy, alongside a thorough analysis of its impact on judicial processes and human rights. Through comparative assessments, it explores the interplay between AI technologies and legal frameworks, addressing issues of fairness and algorithmic transparency. Additionally, the paper meticulously evaluates policy options for mitigating risks associated with AI implementation, emphasizing the need for algorithmic accountability, and safeguarding vulnerable groups. In conclusion, this research comprehensively examines the socioeconomic ramifications of AI deployment in the legal sector, including its effects on employment, social equity, and access to Justice. By exploring the intersection of AI, law, and ethics, this study significantly enhances our understanding of the evolving legal landscape in the era of technological advancement. It offers practical insights for policymakers, legal professionals, and scholars and provides a roadmap for navigating the complexities of AI integration in the legal profession. It advocates for a balanced approach that prioritizes human rights principles, social equity, and responsible AI governance in shaping the legal profession's future, empowering the audience to make informed decisions.

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 Keywords

Artificial Intelligence (AI), Legal profession, India, Global Comparison, Judiciary, Regulations, Challenges, Ethical considerations, Accountability, Data Privacy, AI Impact on Criminal Justice, Human Rights, Policy Options, Algorithmic Accountability, Social Equity.

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The article examines how privacy violations brought about by technological advancements prompted the passage of the Digital Personal Data Protection Act (DPDP Act). It states that technology and the internet have completely changed our lives, making them more efficient and convenient. However, the price that each person must pay for the growth of technology is the erosion of privacy. When we use technology for social media, online shopping, web browsing, cloud storage of personal data, and other activities, we leave digital trails behind. Because our personal information is easily accessible in the digital realm, criminals can more easily identify us and distribute, obtain, and use it fraudulently, which can result in cybercrimes. Therefore, the government passed a new law that mainly governs the protection of personal data in order to address the invasion of informational privacy and safeguard the fundamental right to privacy stated in Article 21. The legislation gives each person the authority to govern their data, including the ability to access, edit, and revoke it. Additionally, data fiduciaries have a need to be more open and disclose their data collection procedures and the reasons behind their data needs. However, even for certain legitimate purposes, no data processing may be done without the individual's agreement. The statute does, however, contain a small number of exclusions that, in specific situations, might free a person from the DPDP Act's requirements. Additionally, unless retention of data is mandated by law, the DPDP Act requires data fiduciaries to delete data upon the withdrawal of express consent or the completion of an intended purpose. The Act also stipulates that the Data Protection Board of India (Board) will impose stringent actions on data fiduciaries in the event of a data breach, after providing them with a chance to be heard. In conclusion, this article explains the salient points of the DPDP Act that individual should be aware of in order to take control of their own personal information. It also explains the rationale behind the need to balance the advancement of new technologies with the escalating concerns about privacy, especially in relation to confidential data that is now easily accessible online.

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 Keywords

Technology, privacy, informational privacy, DPDP Act, data principal, data fiduciary, personal information, consent, artificial intelligence, Board

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'Access to justice' encompasses comprehension of legal matters, ensuring legal counsel for the purpose of representation and assistance, and to provide access to legal institutions i.e. courts. It not only includes ensuring the capacity to do all of the above, but also the resources necessary to surmount the obstacle of being incapable of doing any of the aforementioned. There are psychological, legal, social, economic, and geographical dimensions to access to justice. The social dimension of access to justice pertains to individuals' cognizance of their legal entitlements and facilitates their ability to assert those rights and obtain legal assistance. Conversely, from an economic standpoint, the accessibility of the judicial system to the general populace is indicated. Geographic considerations suggest that court locations ought to be dispersed in a manner that is accessible to the maximum general populace. Therefore, to ensure that the justice delivery system is truly accessible to masses, it becomes imperative to either ensure establishment of courts in even remotest locations of the country or to make them accessible through other means. Accessibility to justice also gets affected when legal standards are incomprehensible, gender biased, and unfriendly to the poor. This necessitates that legal texts and procedures are clear, just and easy to understand.

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THE ROLE OF TECHNOLOGY IN ENSURING LEGAL EQUITY FOR VULNERABLE GROUPS IN INDIA: SOME LESSONS FROM AUSTRALIA

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Artificial Intelligence (AI) has made advances faster than most humans can comprehend, raising legal and ethical questions. Correspondingly, when artificial intelligence (AI) and intellectual property rights (IPR) collide, a complex web of legal challenges emerges, centred on accountability and liability. This paper focuses on the intricacies of AI innovations, specifically on the ownership rights and accountability standards. Through the analysis of a research survey, significant legal cases, regulatory developments, and emerging ethical norms, this paper recognises the urgent need for adaptable legal frameworks, it contributes to the discourse on responsible AI use. These frameworks must strike a delicate balance between fostering innovation and safeguarding societal interests in the rapidly evolving AI landscape.

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 Keywords

artificial intelligence, intellectual property rights, accountability, liability, ownership, legal frameworks, regulatory developments, ethical norms

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Creative Commons Attribution 4.0 and The Open Definition

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The Intellectual Property Rights (IPs) is concerned with the any sort of genuine and pure invention of human intellect and intelligence. It can be literary, scientific creation, artistic or digital in nature. To safeguard the legal rights of owners and claimants of Intellectual Property Rights (IPs), preservation of its originality has become a matter of concern in today's modern era. However, the need for legal advancements and stringent provisions also has been intensified. The controlled system mechanism under data protection of human intellect based, intangible assets such as, patentable inventions, copyrights, trademarks and designs is very necessary in modern era of Artificial Intelligence (AI). It is an obvious matter of concern. In consonance to this, several nations and IPRs agencies are taking keen and serious interest and cognizance of the advancements of (AI) systems, worldwide. There is a remarkable demand for the formulation of (IPRs) laws that can protect and safeguard Artificial Intelligence (AI) products so, that, the technological advancements can move ahead without facing any kind of socio-legal hassle in years to come. Therefore, this research paper has tried to emphasize on the intricacies, faced under IPRs and implications of AI on order to protect the original literary works, inventions, artistic creations without losing its originality.

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 Keywords

The Intellectual Property Rights (IPs), intangible assets, digital transformation, controlled system mechanism under data protection Landmark Judgments, etc.

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Creative Commons Attribution 4.0 and The Open Definition

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Creative Commons Attribution 4.0 and The Open Definition

 Keywords

Secularism, Origin, Evolution, Interpretation, Analysis, Jurisprudence, Indian Constitution, British Constitution.

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In India, there is a significant issue with the number of convicts awaiting trial and the pending cases. As of 2023, there are an estimated 4.1 million people in India who are undertrial, meaning that they are waiting for their trial for a long time. A lot of factors contributing to this are lack of resources for the judiciary, a complicated and ineffective legal system, judicial corruption, and a high crime rate. The issue of number of inmates who are awaiting trial is particularly alarming since it violates the fundamental human right to a prompt trial. Undertrial inmates are frequently detained in cramped, unhygienic settings and may not have access to legal representation or other fundamental rights. The issue of prisoners awaiting trial in India has been addressed many times for instance in a landmark decision of Shri Rama Murthy v. State of Karnataka , the Supreme Court was very forthright in stating that justice would be served by simply releasing the state's 193,240 prisoners, of whom 137,838 were awaiting trial. The Supreme Court continued to emphasize the importance of safeguarding prisoners awaiting trial from the 2000s. This research will find best practices that can be useful in the Indian setting by contrasting worldwide experiences. In order to aid criminal justice reform in India, this paper provides politicians, attorneys, and civil society stakeholders with insights and recommendations. Besides all this, this paper provides a brief analysis on how the problem of pendency of cases and undertrial is tackled within other countries' judicial system.

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Under trial prisoners (UTPs), the pendency of cases, Indian judiciary, Reforms, Justice report.

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This research aims to provide a comprehensive analysis of child cyber abuse and the legal framework for child protection against cyber abuse in the state of Gujarat, India. The study employs methods qualitative analyses. qualitative data is collected through interviews with legal experts, child psychologists, and law enforcement officials to gain deeper insights into the dynamics of cyber abuse cases and the efficacy of existing legal measures. Key findings reveal a concerning prevalence of cyber abuse incidents targeting children in Gujarat. These abuses range from cyberbullying, online harassment, grooming, to exposure to inappropriate content. The research identifies the internet's anonymity and accessibility as key factors contributing to the vulnerability of children to such abuses. Furthermore, the study provides a detailed examination of the legal framework in Gujarat concerning child protection from cyber abuse. It critically evaluates the effectiveness of current laws, such as the Information Technology Act, 2000, and the Protection of Children from Sexual Offences (POCSO) Act, 2012, in addressing the challenges posed by evolving cyber threats. The research identifies gaps in these laws, particularly in terms of enforcement, awareness, and integration with digital platforms. In conclusion, this study underscores the urgent need for a holistic approach to combat child cyber abuse in Gujarat. It advocates for enhanced legal measures, educational campaigns, and collaborative efforts among stakeholders, including parents, schools, law enforcement, and tech companies. By bridging these gaps, Gujarat can create a safer digital environment for its children, ensuring their well-being and protection in the ever-evolving digital landscape.

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 Keywords

Child cyber abuse, Online exploitation, Cyberbullying, POCSO Act, Law enforcement.

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Creative Commons Attribution 4.0 and The Open Definition

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Freedom of speech is essential, no matter what the situation demands or the law making supreme authority decided for the reason of continue ruling on the people. Why the speech of people often controlled by the government is a controversial issue which needs to be discussed. The foremost important factor to not controlling speech of public lies in the fact that present generation would not shut their opinions and not share their thoughts or views on any matter because the modern world is different from contemporary world, when we talk about sharing and discussing matters and having an opinion on it. When the modern world is working on making more and more progress scientifically and technologically and we are provided with immense opportunity to socialize with the world through different platforms of media, we cannot even try our best to nuclear ourselves. Freedom of expression upholds the right of all to express their views and opinion freely, in this way different ideas can be expressed and people have right to either agree with definite opinion or to be disagreed. There is an implied obligation to uphold peoples' rights in any cultural community where they are declared and executed, regardless of whether they are guaranteed by the Constitution or not. Despite the fact that the rights apply to everyone equally, yet it will do no purpose if the other person disregards his right. Therefore, one must respect others' rights and act within the bounds of their own in order for the system to function properly. Therefore, no right can be absolute since a community cannot tolerate an absolute or unrestrained right. Thus, freedom of expression also does not grant an unrestricted license that protects everyone from liability or an unrestricted right to express or disseminate whatever one likes.

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Creative Commons Attribution 4.0 and The Open Definition

 Keywords

Freedom of Speech, Hate Speech, Liberty, Right to Life, Restrictions

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Creative Commons Attribution 4.0 and The Open Definition