THE LAWWAY WITH LAWYERS JOURNAL

LEX NOVUM: THE EVOLVING FACE OF LAW

FOREWORD BY
ROHIT KUMAR
ADVOCATE-ON-RECORD,
SUPREME COURT OF INDIA

EDITORS:
RACHIT SHARMA
NITIKA UPADHYAY
BHAVANA DHOUNDIYAL
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THE LAWWAY WITH LAWYERS JOURNAL

LEX NOVUM: THE EVOLVING FACE OF LAW

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LEX NOVUM: THE EVOLVING FACE OF LAW

Copyright © 2025 the lawway with lawyers journal

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Edited by: - Rachit Sharma

Nitika Upadhyay
Bhavana Dhoundiyal

ISBN:- 978-81-979208-9-9
Printed in: - India

Published by: - The lawway with lawyers

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FOREWORD

In a present time,when the society is challenged by complex legal questions and dynamic socio
political realities, this compendium of scholarly contributions, curated under the aegis of
IILM University, stands as both timely and necessary. The diversity of themes presented
herein ranging from climate justice and arbitration reform to the evolving contours of
artificial intelligence, gender justice, cyberspace regulation, and fundamental rights mirrors
the multiplicity of challenges facing law and policy today.

What is especially commendable about this volume is its confluence of voices: students,
research scholars, early-career advocates, and professors who interrogate contemporary
legal discourse with rigour and originality. From theoretical inquiries into the recognition of
climate refugees and privacy in the digital age to grounded policy analyses on water as a
human right and public opinion on penal provisions for child rape, the essays traverse both
doctrinal analysis and empirical engagement. Chapters on workplace discrimination, the
plight of climate refugees, the ethical turn against animal testing, behavioural aspects of
juvenile justice, and the legal complexities surrounding marital rape offer profound insights
into issues that are both urgent and under-examined. These contributions reflect a legal
scholarship that is not merely academic but also deeply attuned to social realities and human
dignity.

In reading through these pages, I am struck not only by the intellectual promise of the
contributors but also by the seriousness with which they approach the law not as a static body
of rules but as a tool for critique, reconstruction, and justice. IILM University, by nurturing
such discourse, affirms its role as a crucible for legal innovation and public reasoning.

It is my hope that this collection will not only contribute to academic scholarship but also
serve as a reference for practitioners, lawmakers, and institutions engaged in the arduous
task of making law more equitable, inclusive, and future-ready.

Warm regards,

Rohit Kumar

Advocate-on-Record, Supreme Court of India

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ACKNOWLEDGEMENT

We, at The Lawway with Lawyers Journal, would like to express our heartfelt gratitude and
appreciation to everyone who contributed to the successful publication of the book "Lex Novum:
The Evolving Face of Law."

This book is a collective effort by students from various esteemed law colleges across India, whose
intellectual contributions have provided valuable insights into the ever-changing landscape of law.
Their hard work and dedication to exploring contemporary legal issues have made this book an
enriching resource for students, professionals, and legal enthusiasts alike.

Our sincere thanks go to the editors of this publication, Rachit Sharma, Nitika Upadhyay, and
Bhavana Dhoundiyal, whose exceptional editorial skills, commitment, and vision brought this
project to life. Their tireless efforts in curating, refining, and ensuring the quality of the content
have been instrumental in shaping the final version of the book.

We also extend our gratitude to all the contributors for their thought-provoking research and
writing, which has added immense value to this project. It is because of their collaborative spirit
and keen interest in the subject matter that this book has come together in such a comprehensive
and insightful manner.

Lastly, we would like to thank our readers, whose continued support and enthusiasm for legal
literature motivate us to continue our journey of providing insightful, relevant, and timely content.

We hope that "Lex Novum: The Evolving Face of Law" serves as a valuable resource in
understanding the dynamic and ever-evolving world of law, fostering critical thinking, and
encouraging new perspectives in the field.

With gratitude and respect,

The Lawway with Lawyers Journal

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EDITORS
Rachit Sharma Assistant Professor, IILM University, Greater Noida, Uttar Pradesh
Mr. Rachit Sharma completed his LL.M. and B.A.LL.B (Hons.) from Guru Gobind
Singh Indraprastha University, New Delhi, and is currently pursuing a Ph.D. from
Amity University on the topic "Exploring the Contours of ODR in Consumer
Disputes: An Analytical Study." He has authored numerous research papers and
case comments, which have been published in renowned scholarly journals.
Additionally, Mr. Sharma serves on the Editorial and Review Boards of more than
11 esteemed national and international journals. With about four years of
experience in litigation, Mr. Sharma is a member of the Bar Council of Delhi, Tis
Hazari Courts and Rouse Avenue Courts. He is also affiliated with the International Council of Jurists and
the IUCN Commission on Education and Communication (CEC). Mr. Sharma is dedicated to student
mentorship and has served as a judge for various national-level competitions, including Moot Court,
Debate, Drafting and Essay Writing. He has also moderated sessions at national Faculty Development
Programmes. His areas of interest and expertise include Contract Law, Alternative Dispute Resolution
(ADR), and International Law.

Ms. Nitika Upadhyaya has been working as an Assistant Professor at the

Vivekananda School of Law and Legal Studies (VSLLS), VIPS-TC, since 2023. She
completed her LLM in Corporate Law from Guru Gobind Singh Indraprastha
University, New Delhi, in 2021. She cleared the UGC-NET in her first attempt in 2022.
Ms. Upadhyaya completed her BA LLB from Guru Gobind Singh Indraprastha
University (2015–2020 batch). She has participated in and presented papers at
several conferences, seminars, workshops, and symposiums. Ms. Upadhyaya has
also attended various faculty development programs and has published research
papers.

Bhavana Dhoundiyal, born in Delhi and raised in a defence family, her path was
deviated to become an accomplished academic professional with a strong
background in teaching and research. A recipient of Bharat Excellence award 2022
and young researcher award 2021, She bring with herself exceptional
communication skills and ability to engage students. Extensive research experience
and presentations at various conferences and seminars have solidified her
reputation as a thought leader in her domain. After 14 publications and books in
her name and continues to take new projects with a commitment to excellence,
learning and innovation keeps her ignited. She is currently working as Assistant Professor at IILM
University, Greater Noida

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CONTENTS
S NO TITLE PAGE NO
1. CONSIDERING THE INTRICACIES IN RECOGNIZING 10- 27
CLIMATE REFUGEES WITH SPECIAL REFERENCE TO IOANE
TEITIOTA V. THE CHIEF EXECUTIVE CASE

Authored by :- Dr. Sincy Wilson, VELS University,Chennai.

2. TRANSFORMING DISPUTE RESOLUTION- THE ARBITRATION 28-34
AMENDMENT BILL EXPLAINED

Authored by:- Adv. Sanskriti Sharma, Associate, Secure Legal

Associates
3. “SEPARATE SECTIONS FOR OFFENSES AGAINST WOMEN IN 35-49
THE BHARTIYA NYAYA SANHITA (BNS): A STEP TOWARDS
PROTECTION OR GENDER DISCRIMINATION?”

Authored by:- Mansa Shrivastva, IILM University Greater Noida

4. CRYPTOCURRENCY: ITS LAWS, REGULATIONS AND RISKS 50-63

Authored by:- Khushi Sharma , M Anushri IIIrd Year, BBALLB,
Vivekananda Institute of Professional Studies, Pitampura, New Delhi

5. AN OVERVIEW OF ENVIRONMENTAL PROTECTION IN INDIA: 64- 76

LEGAL FRAMEWORK AND ANALYSIS

Authored by:- Sneha Dutta, Ballb (Honours) Student, South Calcutta

Law College Affiliated To The University Of Calcutta

6. ARTIFICIAL INTELLIGENCE AND INDIAN JUDICIARY 77- 87

Authored by:- Debattam Bhattacharjee , Ballb (Honours) Student,
South Calcutta Law College Affiliated To The University Of Calcutta

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7. BREAKING FREE FROM ANIMAL TESTING IN INDIA: 88-102
TRANSITIONING TO CRUELTY-FREE PRODUCTS

Authored by:- Akshat Bose, B.A.LL.B Student, Amity University

Kolkata

8. THE MARITAL RAPE CONUNDRUM: NAVIGATING LEGAL 103-112

RAMIFICATIONS
Authored by:- Sristi Arya, B.A. LLB 2nd Year, Amity University,
Kolkata
Co Authored by :- Akshat Bose, B.A. LLB 2nd Year, Amity University,
Kolkata

9. PRIVACY ISSUES IN THE AGE OF SOCIAL MEDIA: A CRITICAL 113-129

ANALYSIS OF THE LEGAL FRAMEWORK AND CHALLENGES

Authored By:- Sushmitha R, B. A. Ll.B (Hons) Student, Sathyabama

Institute Of Science And Technology
Co Author 1 By:- Akshaya S, B.A Ll.B (Hons) Student, Sathyabama
Institute Of Science And Technology
Co Author 2: Jai Ganesh B. A. Ll.B (Hons) Student, Sathyabama
Institute Of Science And Technology

10. REGULATION OF SOCIAL MEDIA PLATFORMS 130-141

Authored by:- Sivasakthi.A, B.A.LL.B (H) Student, Sathyabama

Institute of Science and Technology deemed to be University

Co Authore 1 by:- Nithya.K, B.A.LL.B (H) Student, Sathyabama

Institute of Science and Technology deemed to be University

co author 2 :Rakshitha vs, B.A.LL.B (H) Sathyabama institute of

science and technology..

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11. THE AGE OF AI AND THE METAVERSE: ADDRESSING IPR 142- 151
CHALLENGES IN A DIGITAL ERA

Authored By:- Raj Patel, BBA LLB (Hons.), Institutional Affiliation:

School Of Law, ITM University, Naya Raipur (C.G.)

12. UNDERSTANDING IPRs OVER A DECADE 152- 159

Authored by:- Ms. Kirti, Research Scholar, NIILM University,

Kaithal, Haryana

13. DISCRIMINATION IN THE WORKPLACE: LEGAL 160 - 174

PROTECTIONS AND CHALLENGES IN INDIA

Authored by:- Ms. Neerja, Assistant Professor, CPJ-CHS & SOL, New
Delhi

Co Author :- Mr. Pankaj Nagar , Assistant Professor, TIIPS, Greater

Noida

14. 175-189
ENSURING WATER AS A FUNDAMENTAL HUMAN RIGHT:
LEGAL FRAMEWORKS AND POLICY CHALLENGES IN INDIA

Authored by:- Kanak Shukla, BA.LLB(H) Student, School of Law,

IILM University Greater Noida
Co Author :- Abhay Yadav, BA.LLB(H) Student, School of Law, IILM
University Greater Noida

15. LEGAL FRAMEWORK OF CYBERSPACE 190- 213

Authored by:- Kritika Kushwaha, LLM Student , IILM University

(Greater Noida)

16. LEGAL IMPLICATIONS OF REMOTE WORK – NEVIGATING 214-218

CHALLENGES IN THE POST- PENDAMIC ERA

Authored by :- Palak sharma , BBA LLB Student , Ramaiah institute

of legal studies

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17. INTELLECTUAL PROPERTY RIGHTS (IPR) AND ITS JUDICIAL 219-230
CHALLENGES
Authored by:- Amandeep, Assistant Professor, IILM, Greater Noida

18 THE STUDY ON INFLUENCE OF CULTURAL AND RELIGIOUS 231-250

FACTORS ON MARITAL RELATIONSHIPS
Authored by:- Sivany.B, BA. LL.B (HONS.), Saveetha School Of
Law, Saveetha Institute Of Medical And Technical Sciences
(SIMATS), Chennai

Co Author:- Mr. Vinoth E Assistant Professor, Department Of

Research And Development Saveetha School Of Law, Saveetha
Institute Of Medical And Technical Sciences Chennai

19 251-265
A STUDY ON PUBLIC OPINION ON PUNISHMENT FOR GANG
RAPE OF MINORS IN TAMIL NADU

Authored By:- V.Susmitha , Ba. Ll.B (Hons.) Saveetha School Of Law

Saveetha Institute Of Medical And Technical Sciences (Simats)
Chennai

Co-Author By:- Mr. Vinoth E , Assistant Professor Department Of

Research And Development Saveetha School Of Law Saveetha
Institute Of Medical And Technical Sciences Chennaiv

20 A STUDY ON IMPACT OF POVERTY ON FAMILY SYSTEM 266-284

FUNCTIONING SOCIAL AND BEHAVIOURAL ASPECTS OF
JUVENILE

Authored By :- Srinitthi .K.M , B.A. L.L.B (Hons) , Saveetha School

Of Law Saveetha Institute Of Medical And Technical
Sciences(Simats) Chennai
Co Author By :- Mr. Vinoth E Assistant Professor Department Of
Research And Development Saveetha School Of Law Saveetha
Institute Of Medical And Technical Sciences Chennai

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CONSIDERING THE INTRICACIES IN RECOGNIZING
CLIMATE REFUGEES WITH SPECIAL REFERENCE TO
IOANE TEITIOTA V. THE CHIEF EXECUTIVE CASE

Authored by :- Dr. Sincy Wilson, VELS University,Chennai.

Abstract

Many experts are disputing what kind of protection climate refugees should receive because they
are not covered by the 1951 Refugee Convention. One hotly debated issue is whether they should
be classified as asylum seekers under international law. When researchers assert that climate
refugees are not recognized under international law, the researcher always perplexed. Why can't
they be classified as asylum seekers rather than refugees under asylum laws? Asylum protection is
a human right that can be granted to climate refugees if no other major issues are discovered. How
various countries have handled asylum requests, particularly those from people who have lost their
homes as a result of climatological disasters such as extreme cold or heat, floods, landslides, island
submergence, and so on. When there are no generally established rules for defining refugee status,
it is necessary to develop one. Instead, each State Party is responsible for initiating asylum
proceedings and deciding refugee status. As a result, disparities have emerged as states create
asylum regulations based on their unique resources, national security concerns, and history of
forced migration. Since Teitiota was the first case resolved in favour of climate refugees, the
researcher is working to understand the notion of an asylum seeker as well as associated studies,
regulations, and court decisions in order to emphasise the consequences of this issue.

Keywords: Climate change, human rights, refugee, climate migrants, asylum seeker…

Introduction

To have a better understanding of who an asylum seeker is, "any person who is seeking refugee
protection but whose claim has not been established definitively." Article 14(1) of the Universal

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Declaration of Human Rights (UDHR)1, which was adopted in 1948, guarantees the right to seek
and enjoy asylum in other countries. The "right to seek and be granted asylum in a foreign
jurisdiction, in accordance with state legislation and international conventions," has been added to
this right, as a result of regional human rights treaties such as Article 22(7) of the American
Convention on Human Rights2 and Article 12(2)&(3) of the African Charter on Human and
Peoples' Rights.3

Researcher tries to find out how various countries have handled asylum requests, particularly those
from people who have lost their homes as a result of climatological disasters such as extreme cold
or heat, floods, landslides, island submergence, and so on. Although a refugee protected under the
1951 Refugee Convention, i.e. "someone who is unable or unwilling to return to their country of
origin owing to a well-founded fear of persecution for reasons of race, religion, nationality,
membership of a particular social group, or political opinion," is safe, climate refugees who do not
fall under this definition are still fighting for justice. The 1951 Convention4 is silent on how States
Parties will determine whether a person is a refugee or not.

Because climate refugees are not covered by the 1951 Refugee Convention, many experts disagree
about the level of protection they should get. The question of whether they should be classified as
asylum seekers under international law is a widely discussed topic.

The researcher constantly perplexed when scholars claim that climate refugees aren't recognized
under international law. Why aren't they classified as asylum seekers instead of refugees under

1
Universal Declaration of Human Rights,1948 (UDHR), Article:14 Everyone has the right to seek and to enjoy in
other countries asylum from persecution. This right may not be invoked in the case of prosecutions genuinely arising
from non-political crimes or from acts contrary to the purposes and principles of the United Nations. Available at
https://www.un.org/en/about-us/universal-declaration-of-human-rights.
2
American Convention on Human Rights,1969.Article: 22(7) Every person has the right to seek and be granted
asylum in a foreign territory, in accordance with the legislation of the state and international conventions, in the
event he is being pursued for political offenses or related common crimes,
https://www.cartercenter.org/resources/pdfs/peace/democracy/des/amer_conv_human_rights.pdf.
3
African Charter on Human and Peoples' Rights,1986, Article:12(2) Every individual shall have the right to leave
any country including his own, and to return to his country. This right may only be subject to restrictions, provided
for by law for the protection of national security, law and order, public health or morality.
Article:12(3)Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in
accordance with the law of those countries and international conventions,
https://www.achpr.org/legalinstruments/detail?id.
4
The Convention Relating to the Status of Refugees, 1951, https://www.unhcr.org/1951-refugee-convention.html.

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asylum laws? If no other serious difficulties are detected, climate refugees can be given asylum,
which is a human right. How different countries have dealt with asylum claims, notably from those
who have lost their homes due to climatological disasters such as excessive cold or heat, floods,
landslides, island submergence, and so on. When there are no universally accepted guidelines for
determining refugee status, one must be created. Instead, it is the responsibility of each State Party
to initiate asylum proceedings and determine refugee status. As a result, as states construct asylum
legislation based on their particular resources, national security concerns, and history of forced
migration, discrepancies have emerged. Regardless of regional and national differences, the basic
goal of the modern refugee regime is to provide safety to those compelled to flee their homes
because their countries are unwilling or unable to do so. Many governments are unsure how to give
inhabitants with enough protection for their basic rights when tragedy strikes. As a result, these
people are fleeing to neighboring nations in search of shelter and basic necessities. As a result, the
researcher is attempting to grasp the asylum seeker notion, as well as related studies and legal
judgments.

The emergence of refugee protection

Africa's independence in the 1960s 5ushered in the first of the continent's repeated refugee crises,
which necessitated UNHCR6 intervention. UNHCR was called upon to help with refugee crises in
Asia and Latin America throughout the next two decades. New refugee crises erupted in Africa at
the turn of the century, as did new waves of migrants in Europe as a result of the Balkan wars 7.
The UNHCR8 was established on December 14, 1950, by the United Nations General Assembly,
with a three-year mandate to complete its job and then disband. On July 28, the following year, the
United -Nations Convention Relating to the Status of Refugees9, the legal foundation for supporting
refugees and the fundamental statute directing UNHCR's work, was approved. UNHCR has
continued to aid refugees ever since, rather than quitting after three years.

5
Africa's independence in the 1960, https://www.icwa.in/show_content.php?lang=1&level=3&ls_id=4538&lid=3405
6
United Nations High Commissioner for Refugees (UNHCR), https://www.unhcr.org/.
7
Balkan wars(1912-1913)https://www.britannica.com/summary/Balkan-Wars
8
United Nations High Commissioner for Refugees (UNHCR), https://www.unhcr.org/.
9
The Convention Relating to the Status ofRefugees,1951,https://www.unhcr.org/1951-refugee-convention.html.

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Although the majority of the UN Refugee Agency's workforce works in the field, its headquarters
are in Geneva. A team of almost 18,000 people working in 132 countries protects and assists nearly
59 million refugees, returnees, internally displaced, and stateless people.

On December 17, 2018, the United Nations General Assembly endorsed the Global Compact on
Refugees10, a framework for more predictable and equitable responsibility-sharing, acknowledging
that a long-term solution to refugee crises requires international cooperation. The United Nations
Relief and Works Agency for Palestine Refugees11 in the Near East (UNRWA) was established in
1949 by the United Nations General Assembly to offer aid to registered Palestine refugees in the
Middle East. UNRWA provides primary and secondary education, health care, relief and social
services, camp infrastructure and improvement, microfinance, and emergency aid to Palestine
refugees in the Gaza Strip, the West Bank, including East Jerusalem, Jordan, Lebanon, and Syria.

UN personnel are routinely on the scene to protect the camps where refugees are confined. When
people are in need of basic necessities like food, water, sanitation, and health care, the UN family
comes to their aid. A substantial percentage of this help is provided via the United Nations'
humanitarian action mechanism. The Inter-Agency Standing Committee (IASC)12 uses a "cluster
strategy" to bring together all major humanitarian agencies, both within and outside the UN system,
for coordinated action.

The United Nations High Commissioner for Refugees (UNHCR) is the main body in charge of
refugee and internally displaced persons protection. With the International Organization for
Migration (IOM),13 it is the primary agency for camp coordination and management (IOM). It also
works on emergency shelter with the International Federation of Red Cross and Red Crescent
Societies. The United Nations High Commissioner for Refugees has received the Nobel Peace Prize

10
Global Compact on Refugees, 2018, https://www.unhcr.org/the-global-compact-on-refugees.html.
11
The United Nations Relief and Works Agency for Palestine Refugees (UNRWA), 1949, The United Nations Relief
and Works Agency for Palestine Refugees in the Near East is a UN agency that supports the relief and human
development of Palestinian refugees, https://www.unrwa.org/.
12
The Inter-Agency Standing Committee is an inter-agency forum of United Nations and non-UN humanitarian
partners founded in 1991 to strengthen humanitarian assistance. The overall objective of the IASC is to improve the
delivery of humanitarian assistance to affected populations, https://interagencystandingcommittee.org/.
13
International Organization for Migration (IOM), https://www.unhcr.org/climate-change-and-disasters.html.

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14
twice, once in 1954 and again in 1981.15 Every year on June 20th, World Refugee Day is honored,
as designated by the United Nations General Assembly. The UN General Assembly had a high-
level discussion on large-scale refugee and migrant movements on September 19, 2016, with the
goal of uniting countries behind a more humanitarian and coordinated response.

Natural disasters, climate change, and forced migration are all factors that have caused people to
flee their homes. In addition to persecution and conflict, natural calamities (often brought on by
climate change) may drive individuals to seek refuge in other countries in the twenty-first century.
Floods, earthquakes, hurricanes, and mudslides are all growing more common and severe in recent
years. While the majority of the displacement caused by these events is within the country, they
can also cause people to cross national borders. However, none of the existing international or
regional refugee law systems explicitly address the situation of such people.16

Distinction between a refugee and an asylum seeker

The distinction between an asylum seeker and a refugee is generally misunderstood, and the phrases
are frequently used interchangeably or improperly. It's important to understand why these two
groups should be distinguished and given different legal safeguards by the international
community. Asylum seekers are those who are seeking international protection but have not yet
been granted refugee status. A refugee, on the other hand, is someone who has been recognised as
a refugee under the 1951 Convention pertaining to the Status of Refugees.

Scholars also point out that the 1951 Refugee Convention "contains severe omissions and
ambiguities" that render the 1951 Refugee Convention's "applicable legal standards ineffectual in
ensuring protection." One difficulty is that some governments have "more restrictive approaches"
to asylum seekers, which include steps that prevent asylum seekers from entering the nation.
Second, there are regional instruments that change asylum law rules over the world. Third,

14
https://www.nobelprize.org/
15
UN High Commission for Refugees (UNHCR)Twice winner of the Peace
Prizehttps://www.nobelprize.org/prizes/peace/1981/refugees/facts/.
16
GLOBAL ISSUES Refugees https://www.un.org/en/global-issues/refugees

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international law remains unenforced, despite the General Assembly's authority to enact "soft-law"
resolutions and "promote the steady development of international law."

A 'refugee,' according to the Convention, “is any person who is outside the country of his nationality
because of a well-founded fear of being persecuted for reasons of race, religion, nationality,
membership of a particular social group, or political opinion, and is unable or unwilling to avail
himself of that country's protection; or who, not having a nationality and being outside the country
of his former habitual residence as a result of such events, is unable or unwilling to return to
it.”17Other individuals or groups of people who leave their nation only because of war or other civil
disturbances, starvation, natural disasters, or to seek a better life are not considered refugees under
the criteria. As the UNHCR18 says, refugees flee persecution and are unable to return safely to their
homes in the current circumstances. Economic migrants typically leave their home nation freely in
search of a better life. If they choose to return home, they will continue to be protected by their
country.19

'Illegal immigrants,' in general, are persons who enter a country without meeting the legal
admission requirements (without a valid visa, for example). However, everyone has the right to
seek refuge under Article 14 of the 1948 Universal Declaration of Human Rights,20 and the 1951
Refugee Convention bans nations from imposing fines on anyone who enter 'illegally' and straight
from a region where their life or freedom is threatened. 21 The UNHCR emphasises that a person
who has a well-founded fear of persecution should be considered a refugee rather than a "illegal
immigrant," because the nature of persecution implies that their only way out may be through
unlawful entry and/or the use of fake documentation.22

17
UNHCR, Convention relating to the status of refugees, UNHCR, Geneva, 2007, p. 16,
http://www.unhcr.org/3b66c2aa10.pdf
18
United Nations High Commissioner for Refugees (UNHCR), https://www.unhcr.org/.
19
UNHCR, ‘Who are refugees?’, UNHCR, https://www.unhcr.org/.
http://unhcr.org.ua/main.php?article_id=5&view=full .
20
Universal Declaration of Human Rights,1948 (UDHR), Article:14 Everyone has the right to seek and to enjoy in
other countries asylum from persecution. This right may not be invoked in the case of prosecutions genuinely arising
from non-political crimes or from acts contrary to the purposes and principles of the United Nations,
https://www.un.org/en/about-us/universal-declaration-of-human-rights.
21
UN, The universal declaration of human rights, 1948, UN website,
http://www.un.org/en/documents/udhr/; and UNHCR, Convention relating to the status of refugees, op. cit
22
UNHCR, ‘Basic definitions’, UNHCR website, http://www.unhcr.org.au/basicdef.shtml#def06 .

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Using Australia as an example, the Australian Refugee Council emphasised the practical
difficulties experienced by asylum seekers in obtaining the appropriate documents prior to
departure: Obtaining a passport and/or an exit visa, as well as contacting an Australian embassy for
a visa, can be exceedingly dangerous for some migrants. These activities may jeopardise their life
and the lives of their families. In such instances, refugees may be forced to travel on counterfeit
documents or skip traditional migration procedures, arriving without documentation.23

Asylum seekers, regardless of their route of entry, are considered as 'unlawful noncitizens' under
Australian law, along with those who enter in Australia without a valid visa. The term 'illegal', on
the other hand, does not imply that asylum seekers have committed a crime. The act of entering in
Australia or requesting refuge without a valid visa is not considered a crime under Australian law.24
Many refugees seek resettlement in countries like Australia after registering with the UNHCR.
Refugees do not have a right to resettlement, and nations are not obligated to accept refugees for
resettlement under the 1951 Refugee Convention or any other document. It is a UNHCR-
coordinated voluntary initiative that allows burden sharing among signatory governments, among
other things. As a result, resettlement is a supplement to, not a replacement for, providing protection
to those who ask for asylum under the Convention.

The procedure for obtaining asylum

In certain countries, national authorities have taken over responsibility for processing and
registering asylum requests, whereas in others, applications can be lodged with the UNHCR if a
national system does not exist. Anyone can apply for asylum in the United Sates. It is usually a
person who believes they are in danger in their own country or who has been compelled to quit
their native country in search of safety in another.

The state has developed procedures for assessing and determining the status of asylum petitions.
In countries having a national asylum procedure, UNHCR is not required to participate in the
procedure, but it may provide advice and technical help. The UNHCR, on the other hand, is

23
Refugee Council of Australia (RCOA), ‘Australia’s refugee program: frequently asked questions’, RCOA website,
http://www.refugeecouncil.org.au/arp/faqs.html
24
See DIAC, Seeking asylum within Australia, fact sheet no. 61, DIAC,http://www.immi.gov.au/media/fact‐
sheets/61asylum.htm

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sometimes the one who analyses asylum petitions. When a country is not a signatory to the 1951
Refugee Convention or does not have a fair asylum system, this is the case.

When a person applies for asylum or refugee status, the state will determine whether or not they
are a refugee. The state will protect the individual from refoulement, allowing them to remain on
the territory while receiving humanitarian treatment and a long-term solution. As a result, they are
classed as "refugees" under international law and are entitled for assistance from governments, the
United Nations High Commissioner for Refugees, and other organizations. They have become so
well-known because going home would be too dangerous, and they require international security
while abroad.

To learn more about refugee and asylum seeker rights, keep in mind that they have a variety of
rights that their host country is obligated to protect. The Refugee Convention and other
international human rights agreements protect these rights. These rights span a wide range of issues,
including education, health care, housing, work, and family, as well as the option of remaining in
the host country rather than being deported (e.g. non-refoulement). When it comes to refugee law,
refugee protection is governed by a set of customary international law and international agreements.
The 1951 Refugee Convention and the 1967 Protocol on the Status of Refugees are the foundations
of refugee law. Humanitarian law, international human rights law, and international refugee law
are all intertwined.

Refugees, asylum seekers, and anybody else who fears for their safety or liberty has an important
right. These individuals have the right not to be deported in any form by their host country, either
to their country of origin or to any other country where they may face serious harm. Non-
refoulement25 is a principle established in the Refugee Convention and other international human
rights agreements. It's also part of what's known as customary international law, which all
governments must follow.

25
The Principle of Non-refoulement,
https://www.ohchr.org/Documents/Issues/Migration/GlobalCompactMigration/ThePrincipleNon-
RefoulementUnderInternationalHumanRightsLaw.pdf

17
 •
All activities aimed at ensuring that refugees' rights are properly protected are referred to as refugee
protection. Protection comprises creating an environment that promotes human dignity, preventing
and/or reducing the immediate repercussions of a pattern of abuse, and restoring dignity to living
situations through reparation, restitution, and rehabilitation.26

If you are a refugee or a stateless person in a nation that has signed the 1951 Refugee Convention
or the 1954 Statelessness Convention27, you have the right to a Convention Travel Document
(CTD)28. The CTD serves as a replacement for your national passport. Traveling with a CTD as a
refugee is usually safer than travelling with a national passport because you are shielded from
deportation to your home country. You have the right to a Convention Travel Document if you are
a refugee or a stateless person in a country that has signed the 1951 Refugee Convention29 or the
1954 Statelessness Convention (CTD).30 The CTD can be used in place of your national passport.
Because you are protected from deportation to your home country, travelling with a CTD as a
refugee is usually safer than travelling with a national passport.31

Legal Protections

When looking at the existing legal framework for assisting refugees and asylum seekers, it becomes
clear why climate migrants are not included in any of these laws. Still have the impression that any
of these texts may include climate refugees in catastrophic cases of climate change calamities.

International and regional instruments relating to refugees include:

➢ 1951 Convention relating to the Status of Refugees32

➢ 1967 Optional Protocol relating to the Status of Refugees

26
Asylum and refugee status, https://help.unhcr.org/faq/how-can-we-help-you/asylum-and-refugee-status/
27
Convention on Statelessness,1954, https://www.unhcr.org/ibelong/wp-content/uploads/1954-Convention-relating-
to-the-Status-of-Stateless-Persons_ENG.pdf
28
Convention Travel Document (CTD),https://www.icao.int/meetings/tag-mrtd/documents/tag-mrtd-21/tag-
mrtd21_wp09.pdf.
29
The Convention Relating to the Status of Refugees, 1951, https://www.unhcr.org/1951-refugee-convention.html.
30
The 1954 Statelessness Convention,1954, https://www.unhcr.org/ibelong/wp-content/uploads/1954-Convention-
relating-to-the-Status-of-Stateless-Persons_ENG.pdf.
31
Rights and duties,https://help.unhcr.org/faq/how-can-we-help-you/rights-and-duties/
32
The Convention Relating to the Status of Refugees, 1951 ,https://www.unhcr.org/1951-refugee-convention.html.

18
 •
Universal Declaration of Human Rights Article: 1433

Everyone has the right to seek and to enjoy in other countries asylum from persecution. This right
may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from
acts contrary to the purposes and principles of the United Nations.

American Declaration on the Rights and Duties of Man Article: 2734

Right to Asylum is discussed under Article 27.

American Convention on Human Rights, Article: 2235

Freedom of movement and residence.

Article 22(7) Every person has the right to seek and be granted asylum in a foreign territory, in
accordance with the legislation of the state and international conventions, in the event he is being
pursued for political offenses or related common crimes. 8. In no case may an alien be deported or
returned to a country, regard less of whether or not it is his country of origin, if in that country his
right to life or personal freedom is in danger of being violated because of his race, nationality,
religion, social status, or political opinions.

Article 22(9) the collective expulsion of aliens is prohibited.

Cartagena Declaration on Refugees, Colloquium on the International Protection of Refugees

in Central America, Mexico and Panama (Cartagena Declaration)36

The Cartagena Declaration on Refugees, or simply Cartagena Declaration, is a non-binding

regional, i.e. Latin-American, instrument for refugee protection adopted in 1984 by delegates from

33
Universal Declaration of Human Rights,1948 (UDHR),https://www.un.org/en/about-us/universal-declaration-of-
human-rights.
34
The American Declaration of the Rights and Duties of Man,1948, http://humanrightscommitments.ca/wp-
content/uploads/2018/10/American-Declaration-of-the-Rights-and-Duties-of-Man.pdf.
35
American Convention on Human Rights,1969,
https://treaties.un.org/doc/publication/unts/volume%201144/volume-1144-i-17955-english.pdf.
36
Cartagena Declaration on Refugees, adopted by the Colloquium on the International Protection of Refugees in
Central America, Mexico and Panama, Cartagena de Indias, Colombia, 22 November 1984,
https://www.unhcr.org/about-us/background/45dc19084/cartagena-declaration-refugees-adopted-colloquium-
international-protection.html.

19
 •
ten Latin-American countries: Belize, Colombia, Costa Rica, El Salvador, Guatemala, Honduras,
Mexico, Nicaragua, Panama, and Venezuela. Since then, 14 countries have implemented the
Declaration into their national laws and official procedures. The "Colloquium on International
Protection for Refugees and Displaced Persons in Central America, Mexico, and Panama,"
conducted in Cartagena, Colombia from November 19 to 22, 1984, resulted in the declaration. The
"Contadora Act on Peace and Cooperation," which was based on the 1951 Refugee Convention and
the 1967 Protocol, shaped the Declaration.

African [Banjul] Charter on Human and Peoples’ Rights (Article: 12)37

Article 12(3) every individual shall have the right, when persecuted, to seek and obtain asylum in
other countries in accordance with the law of those countries and international conventions. Article
12(4) a non-national legally admitted in a territory of a State Party to the present Charter, may only
be expelled from it by virtue of a decision taken in accordance with the law. Article 12(5) the mass
expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at
national, racial, ethnic or religious groups.

OAU Convention Governing the Specific Aspects of the Refugee Problem in Africa38

The Convention Controlling the Specific Aspects of Refugee Problems in Africa of the
Organisation of African Unity (OAU), often known as the OAU Refugee Convention or the 1969
Refugee Convention, is a regional legal document governing refugee protection in Africa. It was
enacted in Addis Ababa on September 10, 1969, and went into force on June 20, 1974. It contains
15 articles.

Arab Charter on Human Rights Article: 2839

Cairo Declaration on Human Rights in Islam Article:1240

37
African Charter on Human and Peoples' Rights
38
OAU Convention governing the specific aspects of refugee problems in Africa, 1974,https://www.unhcr.org/about-
us/background/45dc1a682/oau-convention-governing-specific-aspects-refugee-problems-africa-adopted.html
39
Arab Charter on Human Rights, adopted by the League of Arab States,1997,
http://hrlibrary.umn.edu/instree/arabhrcharter.html
40
Cairo Declaration on Human Rights in Islam,Aug. 5, 1990,http://hrlibrary.umn.edu/instree/cairodeclaration.html.

20
 •
Article:12: Every man shall have the right, within the framework of the Shari'ah, to free movement
and to select his place of residence whether within or outside his country and if persecuted, is
entitled to seek asylum in another country. The country of refuge shall be obliged to provide
protection to the asylum-seeker until his safety has been attained, unless asylum is motivated by
committing an act regarded by the Shari'ah as a crime.

European Convention on Human Rights Articles: 2, 3, and 541

Article 2 Right to life 1 Everyone’s right to life shall be protected by law. No one shall be deprived
of his life intentionally save in the execution of a sentence of a court following his conviction of a
crime for which this penalty is provided by law. Article 3 Prohibition of torture No one shall be
subjected to torture or to inhuman or degrading treatment or punishment. Article 5: Everyone has
the right to liberty and security of person.

Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification
and status of third country nationals or stateless persons as refugees or as persons who
otherwise need international protection and the content of the protection granted.42

The basic goal of this Directive is to ensure that, on the one hand, Member States use common
criteria to identify people who are truly in need of international protection, and that, on the other
hand, these people have access to a minimum level of benefits in all Member States.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment

Article: 3 43

41
European Convention on Human Rights,1950,https://www.echr.coe.int/documents/convention_eng.pdf
42
Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third
country nationals or stateless persons as refugees or as persons who otherwise need international protection and the
content of the protection grantedhttps://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:304:0012:0023:EN:PDF
43
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,1984,https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-against-torture-and-
other-cruel-inhuman-or-degrading

21
 •
1. No State Party shall expel, return ("refouler") or extradite a person to another State where there
are substantial grounds for believing that he would be in danger of being subjected to torture.

African Union Convention for the Protection and Assistance of Internally Displaced Persons
in Africa44

The African Union Convention for the Protection and Assistance of Internally Displaced Persons
in Africa (formally, the African Union Convention for the Protection and Assistance of Internally
Displaced Persons in Africa) is a treaty that addresses internal displacement in Africa caused by
armed conflict, natural disasters, and large-scale development projects.

Convention on the Rights of the Child, Article 22:

Article: 22(1): States Parties shall take appropriate measures to ensure that a child who is seeking
refugee status or who is considered a refugee in accordance with applicable international or
domestic law and procedures shall, whether unaccompanied or accompanied by his or her parents
or by any other person, receive appropriate protection and humanitarian assistance in the enjoyment
of applicable rights set forth in the present Convention and in other international human rights or
humanitarian instruments to which the said States are Parties.

Article: 22(2). For this purpose, States Parties shall provide, as they consider appropriate, co-
operation in any efforts by the United Nations and other competent intergovernmental
organizations or non-governmental organizations co-operating with the United Nations to protect
and assist such a child and to trace the parents or other members of the family of any refugee child
in order to obtain information necessary for reunification with his or her family. In cases where no
parents or other members of the family can be found, the child shall be accorded the same protection
as any other child permanently or temporarily deprived of his or her family environment for any
reason , as set forth in the present Convention. 45

44
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala
Convention)2012, https://au.int/en/treaties/african-union-convention-protection-and-assistance-internally-displaced-
persons-africa.
45
The Convention on the Rights of the Child,1989,https://www.ohchr.org/en/instruments-
mechanisms/instruments/convention-rights-child

22
 •
International law on environmental migration

It is necessary to investigate whether there are any international documents that speak to the
protection of persons who move for environmental concerns. The Geneva Convention on Refugees
is a legal framework that governs anyone seeking asylum in another country; however, because
persecution must be shown, it does not apply to climate refugees.

The Paris Agreement's Task Force on Climate Displacement, like the Geneva Convention, refers
to migration and human mobility in relation to climate change, as well as recommendations for
integrated approaches to avert, minimise, and address displacement related to climate change's
adverse effects, but there is no specific terminology for climate refugees.

When it comes to small island countries and poor countries like Bangladesh, where more than 200
million people live less than one metre above sea level, experts warn that defining climate migration
or environmentally displaced people as part of international refugee regulations is an urgent issue
that requires swift action.

During a leaders' meeting, NATO46 took on the issue of climate change for the first time. It drew
to light the world's existing and potential climate change problems. "NATO will raise awareness
by concentrating on climate change monitoring and tracking and investing more in research, data
exchange, and analysis. It will accelerate its adaptation to ensure that it can work in all types of
weather, including extreme heat and cold, increasing sea levels, and natural calamities." In its 2030
strategy, it made a point about it.

According to a World Bank assessment released in 2018, the regions of Sub-Saharan Africa, South
Asia, and Latin America might face more than 140 million internal climate migrants by 2050 unless
immediate climate action is adopted.

Nominate a Special Rapporteur for the United Nations

46
The North Atlantic Treaty Organization,1949,The North Atlantic Treaty Organization, also called the North
Atlantic Alliance, is an intergovernmental military alliance between 30 member states 28 European states, the United
States, and Canada, https://www.nato.int/.

23
 •
International organizations and academics are urging the United Nations to appoint a Special
Rapporteur on Human Rights and Climate Change to "lead international action on climate-induced
displacement."

UN Special Rapporteurs are "independent experts chosen by the United Nations Human Rights
Council with the mandate to monitor, advise, and publicly report on human rights situations in
specific countries (country mandates) and human rights breaches around the world (thematic
mandates)."

A Special Rapporteur on human rights and the environment was appointed by the Human Rights
Council in 2018. As a result, appointing a Special Rapporteur on human rights and climate refugees
by the UN Human Rights Council is possible and suggested. Furthermore, the UN Migration
Agency's Head of the Migration, Environment, and Climate Change Division argues that "human
rights-based methods are critical for tackling climate migration."

The Supreme Court's Position on Climate Migrants

Courts view in treating Climate Migrants as asylum seeker

Mr. Teitiota's case47 exemplifies how courts are wrestling with the nebulous legal status and
concept of "climate refugees." Teitiota applied for refugee and protected person status "on the basis
of changes to his environment" because sea level rise and other consequences of climate change
are forcing people off the island of Kiribati. The court had to decide if Teitiota met the Refugee
Convention's standards for refugee status. New Zealand's lower court first found no significant
harm or violation of human rights, but expressed concern about "extending the scope of the Refugee
Convention and opening the door to millions of people suffering as a result of climate change."
Despite the fact that climate change is a major and growing concern, the applicant did not qualify
as a refugee under international human rights law since climate change was not addressed in the
1951 Refugee Convention. Despite the fact that Teitiota's asylum claim was ultimately denied, the

47
Ioane Teitiota v. The Chief Executive of the Ministry of Business, Innovation and Employment, Sabin Center at
Columbia University, Climate Change Chart, SC 7/2015 [2015] NZSC 107, http://blogs2.law.columbia.edu/climate-
change-litigation/wp-content/uploads/sites/16/non-us-case-documents/2015/20150720_2015-NZSC-107_judgment-
1.pdf.

24
 •
Court of Appeal and the New Zealand Supreme Court recognised the "gravity of climate change"
and the possibility that "environmental degradation resulting from climate change or other natural
disasters could create a pathway into the Refugee Convention or protected person jurisdiction."
After their refugee claim in New Zealand was dismissed, Teitiota and his family were deported
back to Kiribati. He then went to the United Nations Human Rights Committee, arguing that New
Zealand had violated his right to life under the International Covenant on Civil and Political Rights
("ICCPR") by deporting him. "Rising sea levels and other climate change effects have rendered
Kiribati uninhabitable for the entire population," Mr. Teitiota stated. The prevailing conditions in
the Republic of Kiribati, according to Committee Member Dunan Laki Muhumuza's dissenting
opinion, "are particularly severe, and pose a genuine, personal, and reasonably foreseeable risk of
a threat to his life under Article 6(1) of the ICCPR." He contended that the threats to Kiribati were
more immediate and obvious than the majority of people imagined.

The resolution of the United Nations Human Rights Committee, which states that governments
should not return refugees to countries where their lives are threatened by climate change, has been
hailed as a "watershed" moment. This judgment surely raises several thought-provoking situations
when it comes to basic rights abuses caused by persons relocated as a result of climate change.

While the Committee48 believes that countries like Kiribati still have time to protect their own
citizens, they also recognise that "without robust national and international action, climate change
may undermine the right to life, "thus triggering the non-refoulement obligations" of countries that
receive climate migrants." As a result, the UN Human Rights Committee recognized the rights of
climate migrants for the first time. So the researcher optimistic that similar decision will be made
in the future in support of climate refugee claims.

Conclusions

Scholars also point out that the 1951 Refugee Convention "contains severe omissions and
ambiguities" that render the 1951 Refugee Convention's "applicable legal standards ineffectual in
ensuring protection." One difficulty is that some governments have "more restrictive approaches"

48
UN Human Rights Committee, https://www.ohchr.org/en/treaty-bodies/ccpr.

25
 •
to asylum seekers, which include steps that prevent asylum seekers from entering the nation.
Second, there are regional instruments that change asylum law rules over the world. Third,
international law remains unenforced, despite the General Assembly's authority to enact "soft-law"
resolutions and "promote the steady development of international law." Furthermore, "gaps and
ambiguities in the 1951 Refugee Convention provisions resulted in a refugee framework that did
not adequately cover new refugee law issues and created disparate and sometimes contradictory
standards" that differ depending on the country from which an asylum seeker is seeking protection.

There is no legal structure in place to protect "climate refugees." As the effects of climate change
grow, it is more necessary than ever to secure legal safeguards and rights for climate refugees and
migrants. While the UN Global Compact for Migration included language on climate displacement,
the term "climate refugee" remains ambiguous. While determining if asylum seeker protection can
be provided to them in order to ensure that they are not thrown away due to a lack of international
recognition and fundamental human rights protection in such circumstances of admission into a
country to escape natural disasters' aftermath. It is still unclear what sort of stance should be taken
in order to address their issues and provide them with any actual safeguards while they are suffering
as a result of climate change. Researcher hope that policymakers and nations reconsider their
positions on this issue and bring in law based on the aspects discussed in Teitiota case.

Suggestions

• Encourage States Parties to comply with their international climate obligations.

• Evaluate the political will of various countries to sign on to a new refugee agreement that
safeguards climate migrants in particular.
• Determine and prioritize emergency action measures for countries like Kiribati and Tuvalu,
which are extremely vulnerable.
• Investigate the ethical implications of resettlement schemes involving vulnerable Pacific
Island nations like Fiji, Tuvalu, and Kiribati.
• Examine states' obligations to climate migrants in light of the non-refoulement principle.

26
•
• Prioritize immediate action plans for incredibly vulnerable States such as Kiribati and
Tuvalu, and exempt incredibly vulnerable States such as Kiribati and Tuvalu from
international obligations

27
 •
TRANSFORMING DISPUTE RESOLUTION- THE
ARBITRATION AMENDMENT BILL EXPLAINED

Authored by:- Adv. Sanskriti Sharma, Associate, Secure Legal Associates

Introduction:
Building on the momentum from the amendments in 2015, 2019 and 2020-21, the Indian
Government has proposed a new round of changes to the Indian Arbitration and Conciliation Act
1996 ("Arbitration Act")49.
On 18th October 2024, the draft Arbitration and Conciliation (Amendment) Bill, 2024 ("Draft Bill
2024”) proposed amendments to India's arbitration law seek to streamline the process, minimize
court intervention, and enhance the overall efficiency of arbitration proceedings. This legislative
proposal is based on the recommendations outlined in the "Report of the Expert Committee to
Examine the Working of the Arbitration Law and Recommend Reforms in the Arbitration and
Conciliation Act, 1996," chaired by former law secretary Dr. T. K. Viswanathan50. The Report
proposed key reforms to improve the efficiency and competitiveness of India's arbitration
framework. Although the Bill adopts some of the recommendations, it leaves several significant
ambiguities unaddressed.

The Draft bill 2024 largely remains silent on facilitating international arbitration and the issue of
setting aside awards in international arbitration, and it clarifies some important but controversial
principles but does little to significantly limit judicial intervention in domestic arbitration. Despite
the fact that the Indian government has stated time and time again that it wants India to become a
center for international arbitration, the Bill's narrow focus on international arbitration indicates that
this goal lacks strategic legislative backing51.

49
The Arbitration and Conciliation Act, 1996.
50
Expert Committee Report, Report of the Expert Committee to Examine the Working of the Arbitration Law and
Recommend Reforms in the Arbitration and Conciliation Act 1996 (February, 2024).
51
The Quest for making India as the Hub of International Arbitration, pmindia.gov.in (June, 2019)

28
 •

This contribution aims to analyze whether the Bill's proposed amendments successfully further the
objective of enhancing contract enforceability by decreasing judicial interference, and if so, to what
degree this goal may be realistically attained with these revisions.
The proposed amendments aim to address several key concerns, including the extent of judicial
intervention, procedural delays, and the distinction between the legal seat and physical venue of
arbitration. However, the Draft Bill 2024 was open for public comments/feedback till 03 rd
November 2024.

The Draft Bill, 2024, introduces several key reforms to enhance the efficiency and
effectiveness of arbitration in India:
1. Expansion of "Arbitration" Definition: The term "arbitration" now explicitly includes
proceedings conducted through electronic means, such as video conferencing and electronic
records, reflecting the growing reliance on digital communication in dispute resolution.

2. The term "seat" replaces "place" to specify the geographical location governing arbitration,
aligning with international standards. This provision ensures that the parties retain autonomy in
selecting a seat, while also offering clarity on how to determine the seat when the agreement is
silent on the same. In order to prevent misunderstandings, the term "venue" could be clearly defined
as the actual site of hearings, as opposed to the "seat" that establishes the legal jurisdiction. This
would avoid misunderstandings, particularly from parties and professionals who are not aware with
the suggested change in wording.

3. Substitution of the words ‘Full’ with ‘Fair and Reasonable’: The substitution of "full
opportunity" with "fair and reasonable opportunity" introduces subjectivity into the arbitration
process, potentially limiting the rights of parties to effectively present their case. While the intent
may be to balance procedural efficiency and justice, this change could lead to inconsistent
interpretations by arbitrators, resulting in parties being unfairly denied the chance to present their
case fully. In complex cases, a "full opportunity" ensures fairness and transparency, whereas a "fair
and reasonable" standard may not guarantee the same level of assurance, potentially leading to

29
 •
unjust outcomes. Additionally, this change could increase the likelihood of challenges to arbitral
decisions, undermining the goal of reducing court intervention and adding delays to proceedings.
Therefore, this amendment should not be included, as it risks compromising the equality and
fairness of the arbitration process.

4. Increased Role of Arbitral Institutions: Draft Amendment provides for a body or

organization that provides for conduct of arbitration proceedings under its aegis, by an Arbitral
Tribunal as per its own rules of procedure or as otherwise agreed by the parties. This shift aims to
reduce court intervention and promote institutional arbitration.

5. Emergency Arbitrators: The formal recognition of emergency arbitrators, empowering

arbitral institutions to appoint them for granting interim relief prior to the constitution of the full
arbitral tribunal. Significantly, orders issued by emergency arbitrators are enforceable in the same
manner as those of the arbitral tribunal, providing immediate relief in urgent matters and reducing
reliance on courts for interim measures. This development aligns India's arbitration framework with
global trends, enhancing its appeal as a hub for efficient dispute resolution.

6. Appellate Arbitral Tribunal: To mitigate the strain on judicial framework and facilitate a
specialized review process, parties may opt for an appellate arbitral tribunal allowing challenge
arbitral awards within the arbitral framework.

7. Promoting Efficiency: These time limits aim to streamline the arbitration process and
enhance its efficiency;
a. A 60-day time limit for courts to dispose of applications for referral to arbitration under
Section 8.
b. A 30-day time limit for arbitral tribunals to rule on jurisdictional objections as a preliminary
issue, with a requirement to record reasons for any deferral.
c. A 60-day time limit for appeals against certain court orders, including those refusing to
refer parties to arbitration, appointing arbitrators, granting interim measures, and setting aside
awards.

30
 •

8. Form and contents of arbitral award: The incorporation of a checklist constitutes a

prudent measure designed to augment the procedural integrity of arbitral awards. By imposing an
obligation upon arbitrators to confirm the presence of these essential elements, the amendment
serves to enhance the resilience of awards against potential legal challenges. The section aims to
ensure fairness and transparency in arbitration proceedings by requiring "proper notice" to be given
to all parties, particularly regarding the appointment of the arbitrator. This provision is intended to
guarantee that all parties are informed and have an opportunity to raise concerns or introduce
changes. However, the ambiguity around what constitutes "proper notice" could lead to disputes
and delays, potentially increasing court intervention and undermining the goal of timely arbitration.

Including this amendment is essential to ensure valid agreements, fair tribunal composition, and
adherence to mutually agreed procedures. It promotes transparency and accountability in the
arbitration process. However, the provision could be enhanced by clarifying unclear terms.

9. Termination of Proceedings: The amendment aims to clarify and streamline the handling
of arbitration records, a topic previously not addressed in law. While returning records to the
institution can support confidentiality, especially in ad-hoc arbitration, it could also pose challenges
in terms of rigid retention periods, data protection, and potential conflicts with party autonomy and
confidentiality. The amendment should give parties the flexibility to decide whether they want to
store records with the institution, enhancing party autonomy.

To improve the amendment, the following suggestions are made:

a. Specify Record Retention Duration: Introduce a clear retention period for arbitration
records, unless otherwise agreed by the parties. This would reduce future disputes and ensure
confidentiality, aligning with best practices such as those in the LCIA Rules52.
b. Reference to Confidentiality and Autonomy Provisions: Modify the language to ensure
that any return of records complies with pre-existing confidentiality agreements and party

52
London Court of International Arbitration, LCIA Arbitration Rules (2020) art 30.

31
 •
autonomy regarding record management. Incorporating clauses like "in accordance with any party
agreement on confidentiality and retention of records" would better align the amendment with
international arbitration rules like the UNCITRAL Model Law.

10. Expansions of Grounds for Challenging Arbitral Awards:

a. Section 34(1-B): This Section imposes an obligation upon the Court or Appellate Arbitral
Tribunal to formulate specific grounds for consideration while adjudicating a challenge to an
arbitral award. The Tribunal or Court must then determine whether these grounds are substantiated.
b. Section 34(2): This section outlines grounds for setting aside the entire award, such as party
incapacity, invalidity of the arbitration agreement, improper notice, tribunal composition issues,
and the non-arbitrability of the dispute.
c. Section 34(2-A): This section addresses grounds for setting aside an award either in whole
or in part, including exceeding the tribunal's jurisdiction, contravention of public policy, and the
presence of patent illegality.
d. Section 34(7): This new provision clarifies that when an award is partially set aside, the
tribunal, upon direction from the Court or the Appellate Arbitral Tribunal, will only decide the
affected issues while the non-offending portions remain binding.

11. Removal of fourth Schedule: This change follows the Expert Committee's
recommendation for a more nuanced approach that considers factors beyond claim value, such as
case complexity and time required. Instead of introducing a new fee determination mechanism.
There is no doubt a prevalent opinion that the cost of arbitration becomes very high in many cases
where retired Judge/s are Arbitrators. The large number of sittings and charging of very high fees
per sitting, with several add-ons, without any ceiling, have many a time resulted in the cost of
arbitration approaching or even exceeding the amount involved in the dispute or the amount of the
award.53
To enhance the amendment, several measures could be incorporated, drawing inspiration from the
UNCITRAL Arbitration Rules:

53
(2009)4SCC523

32
 •
a. Clear Criterion for Fee Determination: Define specific criteria based on case complexity,
similar to the UNCITRAL approach, to ensure that fees are proportionate to the demands of each
case, reducing the risk of arbitrary fee imposition.
b. Mandating Early Disclosure of Fees: Require early disclosure of fees, as in Article 41(3)
of the UNCITRAL Rules, to provide parties ample time to review and contest fees, fostering
transparency and trust.
c. Ensuring Uninterrupted Arbitration Proceedings: Include a provision to ensure that
arbitration continues without delay in case of fee disputes, as emphasized in Article 41(5), to avoid
interruptions and ensure timely award enforcement.

12. The Draft Bill also proposes to omit any references in the Arbitration Act to "conciliation"
in light of the Mediation Act, 2023 coming into force.

Analysis

The Arbitration Amendment Bill seeks to reform and enhance the arbitration framework in India,
addressing the growing need for efficient, transparent, and effective dispute resolution mechanisms.
The Bill aims to streamline the arbitration process, reduce delays, and make it more user-friendly
for both domestic and international arbitration proceedings. Key provisions of the Bill include the
establishment of the Arbitration Council of India (ACI), which will set standards for the
accreditation of arbitrators and oversee the quality of arbitration services. The Bill also focuses on
limiting the interference of courts in arbitration matters, ensuring that arbitral awards are enforced
with minimal judicial scrutiny.

One of the significant features of the Amendment is the introduction of time-bound procedures for
the resolution of disputes, making arbitration more predictable and less prone to delays. The Bill
proposes the reduction of the timeline for the completion of arbitration proceedings, aiming for
quicker dispute resolution while maintaining fairness and impartiality. It also emphasizes the use
of technology in arbitration, such as virtual hearings, to increase accessibility and efficiency.

33
 •
Furthermore, the Bill seeks to improve the appointment process of arbitrators, ensuring greater
transparency and preventing the influence of parties in the selection process. It also clarifies the
grounds on which awards can be challenged, narrowing the scope for intervention by courts.

Suggestions

86% of corporate counsels, according to research from Queen Mary University of London, believe
that the arbitration framework's clarity is crucial54.
Separate laws for domestic and foreign arbitration are suggested in light of this. An excellent
illustration of how diverse legal frameworks and clarity increase appeal is Singapore's choice to
clearly distinguish between domestic and international arbitration through the International
Arbitration Act (IAA) and the Arbitration Act (AA).
India might gain from similarly distinct legal characteristics by adopting Singapore's approach,
which would increase its appeal to foreign organizations.

Conclusion

The 2024 Draft Bill represents a continuation of the ongoing efforts to modernize India's arbitration
regime. By expediting arbitral proceedings and minimizing judicial oversight, the Bill seeks to
foster an environment that enhances investor confidence and encourages the efficient resolution of
disputes. The Arbitration Amendment Bill represents a significant step toward transforming the
landscape of dispute resolution in India, aligning with global best practices, and making arbitration
a more attractive and effective alternative to litigation. These reforms are expected to boost
confidence in arbitration as a preferred mechanism for resolving commercial and contractual
disputes.

54
“International Arbitration (Amendment) Act 2020 – Singapore Statutes Online”

34
 •
“SEPARATE SECTIONS FOR OFFENSES AGAINST WOMEN IN
THE BHARTIYA NYAYA SANHITA (BNS): A STEP TOWARDS
PROTECTION OR GENDER DISCRIMINATION?”
Authored by:- Mansa Shrivastva, IILM University Greater Noida

Abstract
“No woman should be subjected to indignity and harassment. She has to be treated with dignity and
respect in every situation, irrespective of the position she holds or the situation she is in.”
– Justice Dipak Misra

The Bhartiya Nyaya Sanhita55 (BNS) proposed as a substitute for the Indian Penal Code56 (IPC) seeks to
update India's criminal justice system by responding to modern legal issues. Its distinctive aspect is the
distinct sections on crimes against women that attempt to ensure increased protection from gender violence.
This legal differentiation, though, has been subject to arguments regarding whether it serves gender justice
or encourages discrimination.

This paper critically analyzes the legal, constitutional, and societal implications of gender-specific
provisions in BNS. It investigates whether such legislation, even with its protective purpose, unintentionally
violates the principle of equality before the law under Article 14 of the Constitution.

The study further explores the abuse of gender-specific provisions, especially instances of false accusations,
and identifies the lack of legal protection for male and non-binary victims. Based on best international
practices, the paper recommends a gender-neutral criminal approach to criminal offenses, providing equal
protection and justice for all individuals, irrespective of gender.

The paper advocates for progressive reforms to establish a balanced, inclusive, and equitable legal system.

Keywords: offences against women, gender discrimination, Bhartiya Nyaya Sanhita,

55
ACT No. 45 of 2023
56
ACT No. 45 of 1860

35
 •
Introduction

The Bhartiya Nyaya Sanhita (BNS) is a recently enacted Indian criminal law that supersedes the Indian
Penal Code (IPC), which was in operation since 1860. The BNS seeks to modernize and streamline India's
criminal justice system by dealing with modern crimes, including technology-based offenses, and ensuring
quicker delivery of justice. It envisions harsher sentences for offenses such as terrorism, mob lynching, and
gangsterism, and also sets out victim-friendly provisions and streamlines procedures. The BNS is one piece
of a more comprehensive legal reform, joined with the Bhartiya Sakshya Adhiniyam57 (BSA) (replacing the
Indian Evidence Act) and the Bhartiya Suraksha Sanhita58 (BSS) (replacing the Code of Criminal
Procedure), marking an extensive overhaul of India's criminal law system. The purpose of gender-specific
legislation is to protect women from the violence and prejudice that they are disproportionately subjected
to. Because of structural gender inequality, women are frequently the targets of crimes like rape, sexual
harassment, domestic abuse, and offenses involving dowries. These laws guarantee justice and
accountability by offering legal protection and remedies.

Laws like the Protection of Women from Domestic Violence Act (PWDVA), 200559 provide women-
specific safeguards, including protection orders, residence rights, and financial relief. Gender-specific laws
such as the POSH Act, 201360 address harassment faced by women in professional spaces, ensuring their
right to work in a safe environment.

Historical Vulnerability of Women:

Throughout history, women have experienced social, economic, and legal marginalization and
discrimination. They are now more susceptible to exploitation and criminal activity as a result. By offering
special protections, gender-specific legislation aim to address this historical disparity.

Patriarchal Social Structures: Women's liberty has been curtailed by patriarchal traditions in many nations,
leaving them more vulnerable to exploitation and abuse.

57
Act No. 47 of 2023
58
Act No. 46 of 2023
59
Act No. 43 of 2005
60
Act No. 14 of 2013

36
 •
Inequality in Power Dynamics: Gender-specific legal frameworks are required since crimes like domestic
violence and marital rape, which are still not fully criminalized in India, frequently result from uneven power
dynamics.

Gender-Specific Laws as a Corrective Measure:

These laws are not meant to create inequality but rather to address pre-existing disparities and ensure justice.
Gender-specific provisions:

• Recognize the higher risk of victimization women face.

• Provide special legal protections and remedies.

• Encourage victim-centric justice, ensuring women’s safety and dignity.

Potential for Legal Bias and Misuse:

Critics point out that gender-specific legislation at times causes a tilt, and women are favored over men, and
the laws can be abused.

Section 85 BNS, which addresses cruelty to women by husbands or in-laws, has been faulted for being
abused in cases of false dowry harassment61.

The Supreme Court of India has pointed out the abuse of this provision, resulting in wrongful arrests and
harassment of men and their families. India’s domestic violence laws only recognize women as victims,
excluding men, despite growing evidence of male victimization. The absence of gender-neutral rape laws
exclude male victims of sexual violence.

Balancing Gender-Specific Protections with Gender-Neutral Laws:

While gender-differentiated legislation is necessary to overcome past disadvantages suffered by women, it

is also necessary to avoid legal discrimination against men and uphold justice. A balanced legal system
would have:

Gender-Neutral Laws: Enlarging protections to all the victims of violence, without gender discrimination,
but continuing to have special protection for vulnerable sections (women, children, LGBTQ+).

61
Sec 85 of BNS, Sec 498A of IPC

37
 •
Safeguards Against Abuse: Imposing penalties for false allegations and providing due process to avoid abuse
of gender-specific provisions.

Periodic Legal Reviews: Periodically reviewing gender-specific laws to evaluate their effectiveness, avoid
abuse, and maintain fairness

Legal Framework Under Bns

Key Provisions Addressing Crimes Against Women

Rape: Classifies rape as sexual intercourse with a woman without consent. The Bhartiya Nyaya Sanhita
(BNS) keeps this provision with enhanced penalties. Punishment for rape is imprisonment of 7 years to life
with a fine62.

Aggravated Rape: Increased punishment for rape of children, pregnant women, or persons with disabilities.

Sexual Harassment: Encompasses unwanted physical contact, sexual advances, or requests for sexual favors.
Punishment is imprisonment of 1 to 3 years with a fine63.

Outraging the Modesty of a Woman: Criminalizes acts meant to insult or outrage a woman's modesty, such
as improper gestures or words. Punishment is imprisonment of 1 to 5 years with a fine64.

Voyeurism: Gazing or taking pictures of a woman while she is in a private act without her permission65.

Stalking: Persistent following or contacting a woman, or causing fear or distress. Punishment is 3 to 7 years'
imprisonment along with a fine (for repeated offenders)66.

Domestic Violence and Cruelty

When one spouse uses abusive conduct to obtain or keep control over another intimate partner, it is referred
to as domestic violence. Domestic abuse can include threats of violence, physical, sexual, emotional,
financial, psychological, or technological acts, as well as other forms of coercive behavior that affect

62
Sec 63 of BNS
63
Sec 75 of BNS
64
Sec 79 of BNS
65
Sec 77 of BNS
66
Sec 78 of BNS

38
 •
someone else in an intimate partner relationship. This encompasses all actions that cause someone to feel
threatened, coerced, humiliated, isolated, frightened, terrorized, blamed, hurt, injure, or wound67.
Domestic Violence Act, 200568: Shields women against physical, emotional, verbal, and economic abuse by
their husbands or relatives.

Relief measures: Protection orders, residence rights, monetary compensation, and child custody.

Cruelty by Husband or Relatives: Making mental and physical cruelty by husband or their relatives,
including dowry harassment, criminal offenses. Punishment is up to 3 years' imprisonment with a fine69.

Dowry and Related Offenses:

Dowry Prohibition Act, 1961: Prohibits acceptance or offering of dowry before, during, or after marriage.
Punishment for dowry is imprisonment for a maximum of 5 years with a fine of ₹15,000 or the value of
dowry, whichever is greater70.

Dowry Death: If a woman dies under suspicious circumstances within 7 years of marriage from dowry
harassment, the husband and in-laws can be prosecuted. Punishment for it is imprisonment for 7 years to
life71.

Workplace Harassment: Sexual Harassment of Women at Workplace (Prevention, Prohibition, and

Redressal) Act, 2013 (POSH Act): Protects women from sexual harassment72 at the workplace, including
physical contact, inappropriate remarks, or sexual advances.

Employer’s obligation: Form an Internal Complaints Committee (ICC), Provide redressal and protection
against retaliation. Punishment: Disciplinary action, fines, or termination of employment73.

whether the new provisions strengthen or weaken the gender justice

67
https://www.justice.gov/ovw/domestic-violence/ last visited on 24 March 2025
68
https://www.indiacode.nic.in/handle/123456789/2021/ Act No. 43 of 2005
69
Sec 85 of BNS
70
Act No. 98 of 1961
71
Sec 80 of BNS
72
https://www.indiacode.nic.in/handle/123456789/2104/ last visited on March 25, 2025
73
The primary requirement under the POSH Act is to establish an Internal Complaints Committee (“ICC”) to deal
with the instances of sexual harassment. As per Section 4 of the POSH Act, every establishment with more than 10
(ten) employees is mandatorily required to constitute a committee known as the ICC

39
 •
we can hereby, conclude that there is a possibility of gender-specific provisions being misused,
there are no protections against the abuse of gender-specific laws introduced by the BNS.
It has been argued that provisions like as Section 498A (cruelty by spouse) are abused in cases involving
fake dowries, resulting in erroneous arrests.
Since it may increase suspicion about women's accusations, the lack of sanctions for false reports can
undermine legitimate cases74.
Also, despite growing support for its acknowledgment, marital rape is not criminalized by the BNS. By
denying married women protection from sexual violence committed by their partners, this omission
compromises gender justice.
The Allahabad high court cleared a man accused of perpetrating an "unnatural offence" against his wife,
noting that marital rape cannot be deemed an offense if the victim is older than 18. The court stated that
"protection of a person from marital rape continues in cases where his wife is of 18 years of age or more
than that," noting that the crime has not yet been made a crime in the nation75.

Gender justice is significantly strengthened by the Bhartiya Nyaya Sanhita (BNS) through:
xtending what constitutes a crime, increasing fines, and ensuring trials are completed more quickly. Its lack
of protections against abuse and its inability to identify marital rape, however, are serious flaws.
For gender justice to be fully realized, the legal system should:
Make marital rape a crime, provide protections against unfounded allegations, and make sure that every
victim, regardless of gender, has inclusive protection.

Gender Specific Laws: Protection Or Prejudice?

In Favor of Gender Specific Law

Gender-specific legislation aimed at the prevention of crimes against women have undergone
transformations in response to systemized violence and discrimination over time. In the past, women were
exposed to extensive exploitation with minimal or no legal protection. For example, in the early 19th and
20th centuries, patriarchal values restricted women's legal rights, making them easy targets for domestic

74
https://www.scconline.com/blog/post/2024/09/26/false-criminal-prosecution-by-wife-against-husband-and-his-
family-amounts-to-cruelty-all-high-court// last visited on 24 March 2025
75
https://timesofindia.indiatimes.com/city/allahabad/marital-rape-not-offence-if-wife-is-18-or-above-says-
allahabad-hc/articleshow/105870690.cms/ last visited on 24 March 2025

40
 •
violence, sexual exploitation, and harassment at the workplace. Women are statistically more susceptible to
sexual and domestic violence, the crime statistics states that women are disproportionately more exposed to
violence than men, especially in sexual assault, domestic violence, and harassment cases76.
Based on NCRB77 statistics, women's crimes have continued to rise consistently, with rape, molestation, and
domestic violence as the most frequently occurring offenses.
'Crime in India' is a magazine of the NCRB, which gathers and disseminates crimes against women. In all,
4,05,326 and 3,71,503 incidences of crime against women were reported nationwide in 2019 and 2020,
respectively, according to figures released by NCRB. According to the data, there was a decrease in crime
against women in 2020 compared to 201978.
Gender-based protections are called for to offset this statistical disproportion and avert exploitation.
Two prominent cases in India—the Mathura rape case (1972)79 and the Nirbhaya gang rape case
(2012)80—played a crucial role in shaping and strengthening legal protections for women.

Mathura Rape Case (1972)

16-year-old tribal girl called Mathura, who was raped by two policemen in a police station in Maharashtra.
The Bombay High Court convicted the policemen during the trial, but the Supreme Court in 1979 reversed
the conviction, stating that Mathura had provided "implied consent" since there were no outward signs of
resistance. This ruling led to nationwide outrage, pointing out the shortcomings in India's rape laws.
It led to the Criminal Law (Amendment) Act of 198381, which brought major amendments, including Section
114A of the Indian Evidence Act82, presuming absence of consent in custodial rape cases.
Widening the definition of custodial rape, facilitating the prosecution of law enforcement officers.
Reversal of the burden of proof in some rape cases, making it less onerous for the victim.

76
https://www.wilsoncenter.org/sites/default/files/media/uploads/documents/Addressing_the_Historical_Roots_o
f_Gender-Based_Violence_in%20Twenty-First-Century_India.pdf/
77
National Crime Records Bureau
78
https://pib.gov.in/Pressreleaseshare.aspx?PRID=1796830/ last visited on 24 March 2025
79
1979 AIR 185
80
AIR 2017 SUPREME COURT 2161

81
Act No 46 of 1983
82
replaced by Section 114B in the Bhartiya Sakshya Adhiniyam, 2023 (BSA)

41
 •
Nirbhaya Gang Rape Case (2012)

In the Nirbhaya case, a 23-year-old Delhi physiotherapy student was brutally raped by a gang and fatally
assaulted. The episode exposed the shortcomings of the legal system in handling sexual violence and led to
widespread public outrage and worldwide censure. The Criminal Law (Amendment) Act, 201383 was a result
of the case and included severe penalties, such as the death penalty for repeat offenders and cases involving
fatal injury, added oral and other types of penetration to the definition of rape, declared voyeurism, acid
attacks, and stalking to be crimes.
In order to speed trials involving sexual violence, fast-track courts were established, enhanced systems for
legal aid and victim protection.

In order to prevent crimes against women, gender-specific laws were shaped in large part by these two
incidents. Following the revelation of the legal system's insensitivity to victims un the Mathura case,
improvements were made to the legal process. In contrast, the Nirbhaya case led to more stringent penalties
and expanded legal definitions to guarantee justice for victims of sexual assault. The legal system is now
more sensitive to gender-based crimes as a result of the substantial revisions brought about by public outrage
and legal advocacy, as these cases show. But even with these legislative developments, there are still
problems with enforcement and social transformation

Against Gender-Specific Laws

In general, the word "man" has been linked to authority and is strongly embedded in the way men behave,
look, and control their emotions in conformity with social norms. Statements like "Men don't cry" and "Men
can take care of themselves" have the capacity to ruin millions of people's tranquility. Men are held to high
standards: they must be courageous, strong, and able to defend and support their families as well as
themselves. Even the way that men and women express their emotions and ideas differs. Men may find it
embarrassing to openly express their sorrow because it is perceived as "feminine behavior" in a male-
dominated society84.

Without a doubt, in the past, society only tolerated violence against women. However, the modern woman
has now entered public places like workplaces, shopping centers, and educational institutions, among others.

83
Act No 13 of 2013
84
https://lawvs.com/blogs/is-gender-equality-a-reality-in-india// last visited on 25 March 2025

42
 •
The rich women are abusing the laws designed for the underprivileged women to take advantage of men for
financial gain or to maintain their hegemony, rather than the other way around. However, there have also
been instances of abuse by the latter group, albeit in small-scale circumstances, such as maids making
baseless complaints against their boss85.

Because of the fear of social criticism or laughter from fellow employees, the widespread violence of cruelty
and assault against men is mostly ignored. Furthermore, all of these issues have been made worse by the
Indian government's stance of not providing men with protection under gender-specific laws.

Article 14 of the Indian Constitution86 assures equality before law and equal protection of law for all citizens,
regardless of sex. Critics oppose gendered legislation, on the grounds that in concentrating solely upon
women, such legislation induces legal asymmetry.

For example:

a. Section 85 of BNS87 (husband-in-laws cruelty against women) has been accused of being misused
to harass men, and arrests are made merely on false allegations without a due investigation. The
women's movement and its research led to the police classifying dowry-motivated killings of
women in their married homes by "stove burst" and other similar techniques as "accidental,"
meaning that no additional action or inquiry was required. Because of the provision's ambiguous
language, it may be used to describe domestic abuse that a woman experiences at the hands of her
husband and his family members in addition to violence relating to dowries88.

According to the NCRB report, a significant number of cases filed under Section 498A of the IPC (now
sec 85 of bns) are either withdrawn, dismissed, or found to be false. In 2020, out of 1,11,549 cases
registered under Section 498A, around 18.3% were closed as "false" or "mistake of fact or law89."

85
Ms. Sonal Chaujar, Ms. Madhuri Baksh (2016) https://docs.manupatra.in/newsline/articles/Upload/28C2EEF6-
9192-448A-BE64-27E9D23D1905.pdf/
86
Art 14 of COI: Right to equality
87
SEC 498A in IPC (husband or relative of husband of woman subjecting her to cruelty)
88
https://thewire.in/law/bharatiya-nyay-sanhita-women-gender-trans-queer-justice/ last visited on March 25,
2025
89
(2023, Sadhna Gupta) https://www.lawjournals.net/assets/archives/2023/vol5issue3/5081-1693630768070.pdf/

43
 •
In Rajesh Sharma & Ors. v. State of Uttar Pradesh (2017)90, the Supreme Court of India acknowledged
the misuse of Section 498A, stating: “It is a matter of serious concern that large numbers of cases are filed
only to harass the husband and his relatives, without any genuine grievance.” The Court issued guidelines
to prevent the automatic arrest of accused individuals in 498A cases, aiming to curb misuse.

b. Protection of Women from Domestic Violence Act (2005)91 protects only women, leaving men and
non-binary persons to seek legal recourse in instances of domestic violence. Laws addressing sexual
harassment and domestic violence are primarily designed to protect women. However, men and
non-binary individuals can also be victims of sexual and domestic violence, but they often have
limited or no legal recourse. Article 15(3)92 allows the state to make special provisions for women
and children, which forms the constitutional basis for gender-specific laws. But here we can observe
that the selective legal provision in Protection of Women from Domestic Violence Act (2005) is a
violation of Article 15(1)93, as it denies equal protection to other genders. The lack of gender-
neutral rape laws and domestic violence protections excludes non-female survivors, making them
legally vulnerable.

Despite increasing recognition of male and LGBTQ+ victims of domestic and sexual violence, the BNS
retains the heteronormative structure of its predecessor. There is no provision in the BNS to criminalize
sexual assault against men or non-binary people, which makes them vulnerable and bereft of clear legal
protection.

In Suresh Kumar Koushal v. Naz Foundation (2013)94, the Supreme Court of India underscored the necessity
of legalizing LGBTQ+ rights, underscoring the absence of legal protections against violence inflicted on
non-binary persons.

Comparative Analysis: International Practices

90
AIR 2017 SUPREME COURT 3869
91
Act No. 43 of 2005
92
Art 15 of COI: prohibits the state from discriminating against any citizen on the grounds of religion, race, caste,
sex, or place of birth
93
prohibits the state from discriminating against any citizen based on religion, race, caste, sex, or place of birth.
94
AIR 2014 SUPREME COURT 563

44
 •
A number of nations have implemented gender-neutral criminal codes to provide equal protection to
everyone, irrespective of their gender identity. These codes are a progressive measure to deal with sexual
and domestic violence without discrimination.

United Kingdom: The Sexual Offences Act, 2003

The Sexual Offences Act, 200395 of the United Kingdom employs gender-neutral vocabulary to define and
charge sexual crimes.

Definition of Rape96: The Act has defined rape as penetration by an individual (of either gender) of his penis
into the mouth, vagina, or anus of another person without consent.

The above definition does acknowledge male, female, and non-binary victims with equal protection. Assault
by Penetration: The Act criminalizes penetrative sexual assault without regard to the gender of the
perpetrator or victim, thus affording equal protection under the law.

United States: Gender-Neutral Rape Laws in Many States

• California Penal Code § 26197

Defines rape as an act of sexual intercourse without consent, without specifying the gender of the victim or
perpetrator. This gender-neutral definition ensures that men, women, and non-binary individuals have equal
protection.

• Florida Statutes § 794.01198

Criminalizes sexual battery99 against any person, regardless of gender. The law explicitly uses gender-
neutral terms, such as "person" instead of "woman," ensuring equal protection for all survivors.

95
2003 c. 42
96
https://www.legislation.gov.uk/ukpga/2003/42/section/1/ last visited on March 25, 2025
97
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=261.&lawCode=PEN/ last
visited on 25th march 2024
98
https://www.flahertydefensefirm.com/library/florida-statute-794-011-sexual-battery-flaherty-defense-firm.cfm/
99
according to Florida Statute 794.011 means oral, anal, or vaginal penetration or union (touching) with, the sexual
organ of another. This definition includes the use of any object.

45
 •
Canada: Gender-Neutral Criminal Code The Criminal Code of Canada100 criminalizes domestic
violence and sexual violence through the use of gender-neutral terminology.

Section 271 (Sexual Assault)101: Includes sexual assault as any sex without consent, with no regard for either
the victim's or offender's gender.

This affords equal protection to women, men, and non-binary people.

Section 272 (Sexual Assault with a Weapon)102: Similarly applies gender-neutral terminology to criminalize
the offence against anyone, without regard to gender.

Nations such as United Kingdom, United States, and Canada have adopted gender-neutral criminal
legislation to provide equal protection against domestic abuse and sexual violence. The elimination of
gendered language in these nations avoids legal bias and encourages genuine equality before the law. India's
Bhartiya Nyaya Sanhita (BNS) still employs gendered language, demonstrating why there is a requirement
of gender-neutral change to safeguard all individuals, irrespective of their gender identity. Moving towards
gender-neutral criminal laws would bring India in line with global standards, promote judicial fairness, and
ensure that no individual is denied protection based on their gender identity.

Judicial Interpretations and Case Studies

• Vishakha v. State of Rajasthan (1997)103

The Vishakha v. State of Rajasthan case is a landmark judgment by the Supreme Court of India that laid
down guidelines to prevent sexual harassment of women at the workplace. The case arose from the brutal
gang rape of Bhanwari Devi, a social worker in Rajasthan, who was targeted for preventing child marriage
in the village. Despite her efforts to seek justice, the accused were acquitted, and the legal system failed to
protect her. On August 13, 1997, the Supreme Court of India delivered a historic judgment, laying down

100
RSC 1985, c C-46
101
https://laws-lois.justice.gc.ca/eng/acts/c-46/section-271.html/ last visited on March 25, 2025
102
https://laws-lois.justice.gc.ca/eng/acts/c-46/section-272.html/ last visited on March 25, 2025
103
AIR 1997 SC 3011

46
 •
guidelines to prevent sexual harassment of women at the workplace. The judgment was groundbreaking as
it introduced the first formal framework to combat workplace sexual harassment in India104.

The Vishakha Guidelines and the 2013 Act are gender-specific, providing protection only to women. Male
and non-binary employees are not covered, highlighting the need for gender-neutral workplace harassment
laws.

• Independent Thought v. Union of India (2017)105

The Independent Thought v. Union of India (2017) case is a landmark judgment by the Supreme Court of
India, where the Court criminalized marital rape of minors by striking down Exception 2 to Section 375 of
the Indian Penal Code (IPC)106. The Court held that the POCSO Act (2012)107, which criminalizes sexual
intercourse with minors below 18 years, must take precedence over Exception 2 of Section 375 IPC. It
clarified that marital status cannot be used as a defense to justify sexual intercourse with a minor.

The ruling only applied to minors, leaving marital rape of adult women outside its scope.

Marital rape of adult women remains legal in India, highlighting the need for broader reforms to criminalize
marital rape altogether.

• Ramesh Kumar v. State of Chhattisgarh (2001)108

Ramesh Kumar v. State of Chhattisgarh (2001) is a landmark ruling by the Supreme Court of India that
explained the meaning of "abetment to suicide" in Section 306 of the Indian Penal Code (IPC). The case
pertained to the suicide of a woman called Meena who was married to Ramesh Kumar. She purportedly
killed herself by taking poison after undergoing routine cruelty and harassment from her spouse. The trial
court convicted him, holding him responsible for mentally torturing his wife, which allegedly led to her
suicide.

104
https://indiankanoon.org/doc/1031794// last visited on March 25, 2025
105
(2017) 10 SCC 800
106
Sec 63 in BNS: RAPE
107
https://nhrc.nic.in/sites/default/files/10_PROTECTION%20OF%20CHILDREN%20-%20SEXUAL%20OFFENCES.pdf/
108
(2001) 9 SCC 618

47
 •
The Court held that mere marital discord or cruelty does not per se amount to abetment. In order to convict
a person for abetment of suicide, the prosecution is required to establish direct or indirect instigation,
conspiracy, or willful aid. The ruling enhanced the legal requirement for establishing abetment to ensure
innocent people are not wrongly convicted but also made it more difficult for actual victims to receive justice
in cases of harassment or domestic violence.

Recommendations

A) The Bhartiya Nyaya Sanhita (BNS) must use gender-neutral language so that everyone has equal legal
protection, irrespective of their gender identity. Rape, sexual harassment, domestic violence, and cruelty
sections are primarily gender-based, providing protection only to women.

Reform Proposed: Modify the BNS to provide protection to men, women, and the non-binary community
against sexual and domestic crimes.

Use gender-neutral language like "person" rather than "woman" or "man" in areas addressing sexual
violence, domestic abuse, and harassment.

Provide equal protection and access to legal remedies for all victims of sexual and domestic offenses.

B) Harsher Penalties for False Allegations to Avoid Misuse

To avoid the misuse of gender-based laws, the BNS should impose harsher penalties for false allegations of
sexual harassment, rape, and domestic violence.

Current Issue: False allegations undermine the credibility of true victims and irreparably damage the
reputations of the accused.

Suggested Reforms: Make false complaints a crime under a designated section of the BNS, so malicious or
unfounded accusations have legal repercussions. Provide equal and impartial trials and investigations to
ensure against false convictions.

C) Comprehensive Legal Protection for All Genders

The BNS should provide comprehensive legal protection that acknowledges all genders' vulnerability to
domestic abuse and sexual violence.

Recommended Reforms:

48
 •
Reform Section 63(1) (rape section) to include all genders as possible victims, not limited to women.

Enact amendments to the domestic violence law to include male and non-binary victims of intimate partner
violence.

Conclusion

The Bhartiya Nyaya Sanhita (BNS) seeks to protect women against sexual and domestic violence; however,
its gendered provisions make the law unequal, omitting men and non-binary people from equal protection.
Although gendered laws were first brought in to tackle structural violence faced by women, the changing
social scene calls for a broader and more equal legal framework. By using gender-neutral language and
granting equal legal protection to all persons, the BNS can guarantee equality and justice for all victims,
regardless of gender. Further, the imposition of more severe penalties against false accusations will
discourage the abuse of protective laws and maintain their integrity and efficacy. Complete gender justice
can only be obtained through a balanced legal approach—a strong protection of victims of gender violence
and the prevention of the wrongful persecution of innocents. Therefore, the BNS has to develop towards
gender neutrality, ensuring a legal framework that promotes equality, justice, and inclusivity.

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CRYPTOCURRENCY: ITS LAWS, REGULATIONS AND RISKS

Authored by:- Khushi Sharma , M Anushri IIIrd Year, BBALLB,

Vivekananda Institute of Professional Studies, Pitampura, New Delhi

Abstract

The society is growing rapidly with the advancements in technologies that are occurring at an
unprecedented pace. With these technological advancements, cryptocurrency has emerged as the
most decentralised form of currency, revolutionising the way we make payments, significantly
altering financial systems and presenting new opportunities and risks in the fields of law, finance,
investment and economic structures. To effectively address the challenges associated with
emergence with cryptocurrency, it is essential to establish rules, laws and regulations surrounding
its usage and impact on the economy.

The principal laws and regulations surrounding its usage in the economy and legal aspects of the
potential risks of cryptocurrency use. The paper discusses the growing scope of cryptocurrency in
India, the need for proper laws and regulations, and the potential legal risks surrounding
cryptocurrency like smart contracts, digital fraud and theft, privacy concerns, jurisdictional issues,
etc. It further highlights the laws and legislations surrounding cryptocurrency in various countries,
namely the US, UK, Japan and China, while drawing comparisons with the legal framework in
India. The paper attempts to recommend policy changes that, once adopted, could help to regulate
the use of cryptocurrency in India and effectively mitigate the risks surrounding its usage on the
economy.

Keywords: cryptocurrency, smart contracts, digital fraud and theft, judicial issues, cryptocurrency
laws and regulations.

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Introduction

Technology makes our lives easier and more convenient, especially in everyday tasks like banking,
investing, and managing insurance. It significantly impacts how individuals go about their daily
activities, streamlining and enhancing various aspects of life.

Cryptocurrency is a product of the rapidly evolving technology of our era. The COVID-19
pandemic accelerated the adoption of digital payment solutions, fuelling the rapid growth of the
cryptocurrency market like never before. If the same remains unsupervised and unregulated, it can
severely affect individuals’ lives. Hence, the government and the judiciary play a huge role in
supervising and regulating the use of such technologies by making laws and regulations that need
to be followed to protect their citizens from the risks they pose.

Cryptocurrency is any system of electronic money used for buying and selling online without the
need for a central bank109.

The RBI defines cryptocurrencies as: “Cryptocurrencies are decentralised systems where the
transactions between individuals are authenticated by themselves on consensus”.These systems
don’t possess any control and cannot be tracked, traced, or frozen by the government; they are
generally beyond the control of the government. Further, these decentralised systems are
anonymous and borderless. Cryptocurrencies can also be called digital assets; they are made up of
computer codes, for which people are willing to pay money for the ownership of such codes with
the expectation of higher returns in the future.

109
cryptocurrency noun - Definition, pictures, pronunciation and usage notes | Oxford Advanced Learner’s
Dictionary at OxfordLearnersDictionaries.com. (n.d.).
https://www.oxfordlearnersdictionaries.com/definition/english/cryptocurrency#:~:text=Cryptocurrency%20represent
s%20one%20of%20the,based%20on%20the%20Bitcoin%20system.

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The Government of India (Ministry of State Finance) defines currencies as borderless and requires
international collaboration to prevent regulatory arbitrage. Various types of cryptocurrencies exist,
including Ethereum, XRP, and Bitcoin, the oldest form of cryptocurrency.

Legislation Regarding Cryptocurrency in India

The legalisation of cryptocurrency has a long history in India. A currency should become legal
tender before it can be accepted as a medium of exchange in a country. However, there is no specific
legislation in India regarding cryptocurrency. Although the issue of using cryptocurrency has been
debated for a couple of years, it hasn’t been expressly regulated or prohibited.

The Journey of Legalisation of Cryptocurrency in India:

The Reserve Bank of India issued a circular in 2018, which discouraged all banks and regulated
entities from dealing with virtual currencies and further cautioned users of these virtual currencies,
traders, and holders of such currencies, including bitcoin, against the risk associated with dealing
with such currencies. Furthermore, entities regulated by the RBI were prohibited from facilitating
transactions involving cryptocurrency. As a result, cryptocurrency usage and growth in India
declined, as individuals relied on banking services to convert cryptocurrency into traditional
currency. In 2017, the government established an Inter Ministerial Committee to deal with and
report on various issues related to cryptocurrency. The committee formed by the government was
not in favour of cryptocurrency; a report made by the committee suggested a blanket ban on private
cryptocurrencies110.

Banning Cryptocurrency Bill 2019: The bill prohibited the use of cryptocurrency as legal tender or
currency in the territory of India. It further prohibited activities such as mining, holding, selling,
trading, insurance, disposal, or usage of cryptocurrency in the country. Those engaged in such
activities would face imprisonment of 1 year, which may extend to 10 years, a fine, or both. The

110
Report of the Committee to propose specific actions to be taken in relation to Virtual Currencies. (2019).

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bill facilitated the government, with the consultation of the RBI, to issue its digital currency in the
form of the rupee.

111
This situation later changed in March 2020, when, in the case of the Internet and Mobile
Association of India vs. Reserve Bank of India, the Supreme Court struck down the 2018 RBI
circular discouraging the usage of cryptocurrency. It held that the ban on cryptocurrency would be
an inappropriate measure by the government; the circular denied them banking services, which led
to the infringement of their rights. The Court further stated that there was no formal ban on the
usage of cryptocurrency under any laws enacted, and there was no legitimate reason for the banning
of cryptocurrency.

In 2021, according to the amendments in the Companies Act 2013, the government instructed the
companies that from the beginning of the financial year, the companies would now have to disclose
their profits and losses incurred on cryptocurrency, the amount and details of their holdings,
deposits, and advances or investments in cryptocurrency.

The Cryptocurrency and Regulation of Official Currency Bill, 2021

The Cryptocurrency and Regulations Bill was introduced by the government to promote the
cryptocurrency market and the use of cryptocurrencies in the country. This bill allowed the usage
and trading of cryptocurrency with some restrictions. The main objective behind the said bill was
to provide a legal framework for the creation and usage of cryptocurrency and build a foundation
for the introduction of digital currency issued by the RBI. The bill intended to ban private
cryptocurrencies in India with certain exemptions to promote underlying technologies and their
uses. It provides a framework for the introduction of digital currency, which will be regulated and
issued by the RBI.

111
Manupatra Academy. (n.d.). https://www.manupatracademy.com/home/subject-wise-case-guide-law-students-
internet-mobile-reserve-bank-of-india

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Under the bill, a regulatory authority will be established by the government called the Digital
Currency Board of India, which would supervise and regulate the cryptocurrency market. The
DCBI would supervise, issue, and enforce compliance with the bill. Further, it also seeks to
prescribe penalties for offences related to the usage of private cryptocurrencies. Finally, the bill
seeks to promote blockchain technology in India. While banning the usage, trading, and holding
of technology, which in turn promotes the new RBI-backed cryptocurrencies.

Budget 2022-23

Union Budget 2022: The government imposed a 30% tax on any income from the transfer of
virtual assets. It was also announced in the union budget that the government with the RBI would
introduce digital currency, or Central Bank digital currency (CBDC). There will be a 1%
deduction at the source for payments made on transfers of digital assets. Further, the budget stated
that losses incurred from one digital currency cannot be set off against income from another digital
currency. All these developments in the market of cryptocurrency provided some clarity on the
legal status of cryptocurrency in India.

Cryptocurrency in Budget 2024:

In Budget 2024, the government increased the Securities Transaction Tax (STT) on all futures and
options (F&O) contracts traded on recognised stock exchanges. This move is aimed at enhancing
tax revenue from traditional financial markets. However, cryptocurrency F&O transactions remain
excluded from this increase, providing a notable distinction between traditional and crypto markets.

These factors make cryptocurrency F&O transactions an attractive option for investors. Unlike
direct cryptocurrency trading, which is subject to a flat 30% tax on gains and mandatory 1% TDS
on transactions exceeding specific thresholds, F&O transactions in the crypto space may sidestep

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these burdens entirely, depending on the exchange's practices112. Additionally, the exemption from
STT further reduces trading costs, potentially enhancing profitability for investors.

Indian Legislation Related to Cryptocurrency

Prevention of Money Laundering Rules 2005

The main objective of this act is to prevent money laundering and bring them to justice. The
Ministry of Finance, by a notification on 7th March 2023 (PLMA Notification), brought every
entity involved in the transaction of virtual digital assets under the ambit of the Prevention of
Money Laundering Act and Rules. Thus, this notification extended the supervision of the
government on virtual digital assets; all the encrypted transactions can be monitored, including
transactions outside India.

SEBI’s Stance on Cryptocurrency 2024

In the submission to the government, Sebi recommended that different regulators oversee activities
linked to cryptocurrencies that fall under their domain and that a single unified regulator for digital
assets be avoided.

Current Legal Status of Cryptocurrency

Despite some developments related to the legalisation of cryptocurrency, there has been no
legislation specifically dealing with cryptocurrency, nor has the government of India expressly
agreed upon or denied the use of cryptocurrency. Hence, cryptocurrency as of now is not a legal

112
Das, N. (2024, July 30). Budget 2024: Why crypto F&O investors are happy - No STT, no TDS, no 30% tax. The
Economic Times. https://economictimes.indiatimes.com/wealth/tax/budget-2024-why-crypto-fo-investors-are-happy-
no-stt-no-tds-no-30-tax/articleshow/112126004.cms?from=mdr

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tender in India. The RBI further clarified that the virtual currency does not have any official backing
and is not regulated by the government.

Risks surrounding cryptocurrency:

Investing in cryptocurrency can seem highly profitable since the market has expanded immensely
over the past decade, and it can generate a very high number of profits. Moreover, it is said that
investing in cryptocurrency is better than investing in stock markets. However, there are many risks
and disadvantages associated with investments in cryptocurrency.

● Privacy concerns: Cryptocurrencies offer pseudonymity but not anonymity. Transactions

are recorded through wallet addresses. They don’t reveal the original identity of the person,
but they can be used to track down your transactions. Therefore, the data of transactions is
● Lack of regulation by any central authority: Cryptocurrency is not regulated by any central
authority, such as the RBI, which increases the risk factors associated with it. They are not
illegal in India; however, there is a lack of proper legislation to ensure safety in its
transactions.
● Cryptocurrency theft: Cryptocurrency theft is the illegal use of another person’s crypto
assets. It can be done by hacking someone into a fraudulent transaction. In 2021, Indian
users visited crypto scam websites over 9.6 million times. Moreover, in 2023, hackers stole
nearly $2 million of cryptocurrency.
● Cryptocurrency tax: As clarified in the 2022 budget, cryptocurrencies are taxable in India.
● 30% tax on crypto income as per Section 115BBH applicable from April 1, 2022
● 1% TDS on the transfer of VDAs as per Section 194S applicable from July 1, 2022
● No deduction is allowed, except the cost of acquisition.
● Crypto gains should be reported under Schedule VDA in the ITR.
● Lack of knowledge: The concept surrounding cryptocurrency is highly complicated. Given
its promising nature, many investors fail to understand the risks that entail investing in
cryptocurrency.
● Price volatility: Cryptocurrency is a highly speculative investment since there are sudden
price fluctuations that can lead to sudden losses and gains.

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Comparison of legislation across countries on cryptocurrencies:

Japan:

Japan was an early adopter of cryptocurrency, and hence, it is highly developed in initiating its
regulations against cryptocurrency. The Japanese government recognizes the purchasing power of
cryptocurrency. However, they do not recognise it as legal tender, and it is not recognised by a
central bank.

The Japanese financial services agency regulates cryptocurrency in Japan. Other regulatory bodies,
such as the Japan Virtual Currency Exchange Association (JVCEA), create regulatory policies,
while the Japan Security Token Offering Association (JSTOA) supervises such transactions.

The National Tax Agency regulates taxation concerning cryptocurrency. Permanent citizens are
required to pay taxes for cryptocurrency trading. One of the most significant changes that occurred
in cryptocurrency regulations was made in 2020 when amendments to the PSA and the Financial
Instruments and Exchange Act (FIEA) were introduced. Under PSA, it was made sure that
cryptocurrency transactions in Japan are transactions and ensure safety for the investors. The Act
on Prevention of Transfer of Criminal Proceeds (APTCP) puts forward standards for crypto assets,
which are enforced by the Japan Financial Intelligence Center (JAFIC). The APTCP undertakes
strict checks and keeps track of questionable transactions. 113

Japan is one of the very few countries that has worked actively to put forward regulations on crypto
transactions to provide investors with transparency, security, and protection.

USA: The regulatory landscape of cryptocurrency in the USA is evolving rapidly. The United
States has agencies, which include the Department of Treasury, Securities and Exchange

113
Scanner, T. S. (2024, September 4). Cryptocurrency regulations in Japan. Sanction Scanner.
https://www.sanctionscanner.com/blog/cryptocurrency-regulations-in-japan-
492#:~:text=Under%20the%20PSA%2C%20cryptocurrency%20exchanges,providing%20greater%20protection%20t
o%20investors.

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Commission (SEC), Internal Revenue Service (IRS), and Financial Crimes Enforcement Network
(FinCEN), who work together to govern digital assets.

The Financial Crimes Enforcement Network (FinCEN) regulates digital assets and deals with anti-
money laundering cases. In 2019, FinCEN introduced guidance to remind persons subject to the
Bank Secrecy Act (BSA) how FinCEN regulations relating to money services businesses (MSBs)
apply to certain business models involving money transmission denominated in value that
substitutes for currency, specifically, convertible virtual currencies. 114

Additionally, in 2021, the Anti-Money Laundering Act was amended to add the term “value that
substitutes into currency” to the definition of financial institutions. Therefore, financial institutions
now include a person who engages in business involving currency or any value that substitutes for
currency.

The Bank Secrecy Act (BSA) was amended as provided by the US Patriot Act and AMLA. These
laws help in the establishment of an anti-money laundering framework. The Commodity Exchange
Act (CEA) and Securities Exchange Act explore the registration requirements for assets considered
securities and commodities. The Responsible Financial Innovation Act lays down a comprehensive
regulatory framework for digital assets.

United Kingdom:

In the United FCA, regulations control companies whose customers buy cryptocurrencies by
checking KYC (know your customer) regulations. The Bank of England also plays a major role in
regulating crypto. 115

The financial regulations that are imposed upon cryptocurrencies are based upon what purpose the
cryptocurrencies are used for. There are three ways in which cryptocurrencies can be used:

114
FINCEN GUIDANCE. (2019). https://www.fincen.gov/sites/default/files/2019-
05/FinCEN%20Guidance%20CVC%20FINAL%20508.pdf
115
George, K. (2024, September 20). Cryptocurrency regulations around the world. Investopedia.
https://www.investopedia.com/cryptocurrency-regulations-around-the-world-5202122

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1. Use as a barter: function as a tool to enable trading goods and services.
2. Use for investment: obtaining indirect risk by holding and trading crypto assets for direct
exposure to firms and consumers.
3. Supporting capital increase

Taxation on crypto in the UK is handled by HM Revenue & Customs, tariff tokens, security tokens,
and exchange tokens. The HMRC can only levy taxes on exchange tokens. Companies that deal
with security tokens must register with the FCA. The Economic Crime and Corporate
Transparency Act 2023 (the “Act”)116 is a groundbreaking law introduced by the UK government
to tackle economic crime and improve corporate transparency.

The Money Laundering, Terrorist Funding, and Transfer of Funds Regulation 2017117 is the main
regulation that outlines all AML and registration requirements. For the past several years, the UK
has worked to create a more regulated environment for cryptocurrency. The country’s latest plans
were announced in February 2023, including strengthening rules for crypto trading platforms,
creating a world-first regime for crypto lending, and implementing new rules to protect customers
from market manipulation. The work towards formulating new regulations for crypto is still
underway in the UK to regulate and monitor crypto transactions.

China China has struggled for several years to manage cryptocurrency and keep it in control
from devaluing its current currency. However, after failed attempts, China imposed a complete ban
on cryptocurrency.

Here’s a timeline of events that led to the ban on cryptocurrency in China:118

116
Commons, H. O. (n.d.). Economic Crime and Corporate Transparency Act 2023.
https://www.legislation.gov.uk/ukpga/2023/56/notes/division/3/index.html
117
Quick guide to the Money Laundering Regulations 2017 | The Law Society. (n.d.). The Law Society.
https://www.lawsociety.org.uk/topics/anti-money-laundering/quick-guide-to-the-mlrs
118
Sergeenkov, A. (2023, May 11). China Crypto bans: A complete history. CoinDesk.
https://www.coindesk.com/learn/china-crypto-bans-a-complete-history

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● 2011: BTC, the first cryptocurrency exchange in China, opened. Cryptocurrency was
accepted as a payment method for services.
● 2014: Bitmain introduced (ASIC) chips for bitcoin mining.
● 2016: Cryptocurrency mining was growing rapidly
● 2017: The government banned initial coin offerings.
● 2020: Cryptocurrency mining began to decrease rapidly.
● June 2021: All mining ceased
● July 2021: Bishijie terminated its website and app, and BCT China announced its
termination
● September 2021: Cryptocurrency is banned in China

The cryptocurrency was successfully implemented in China before it met its downfall. The
government gave a statement stating that the ban was laid down to maintain national security and
social stability.

Crypto is banned completely in eight countries, which include Algeria, Bangladesh, China, Egypt,
Iraq, Morocco, Nepal, Qatar, and Tunisia.

Implications of the regulations on cryptocurrency:

Cryptocurrency regulations can have significant implications across various aspects of the market.
Investor protection is a key concern, as regulations help safeguard investors from fraud and other
illegal activities. However, strict regulations can also limit market access, preventing some
investors from participating in crypto trading. Innovation in blockchain technology may slow down
due to stringent compliance requirements, while enforcement remains a challenge across multiple
jurisdictions. Regulatory compliance increases costs for businesses, affecting their financial
performance and potentially influencing cryptocurrency prices. Additionally, taxation policies,
such as a 30% tax on income from transferring virtual digital assets (VDAs) and a 1% tax deducted
at source (TDS) on crypto transactions in India, further impact market participation. Bringing

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crypto assets under the Prevention of Money Laundering Act (PMLA) and requiring exchanges to
comply with anti-money laundering standards are measures aimed at curbing illicit activities but
also add regulatory burdens. Overall, while regulations provide oversight, a complete ban on
cryptocurrencies could stifle innovation, reduce investment opportunities, and push crypto-related
activities into unregulated spaces.

Way forward

We live in a world that is mainly governed through technology, and cryptocurrency transactions
have played a huge role in the fast-tracked evolution of money. The individuals of the new
generation have started investing more in cryptocurrency, so much so that the government has to
make sure that such digital transactions are safe for usage. The development around
cryptocurrencies has intensified since the Finance Minister was about to launch CBDC (Central
Bank Digital Currency), which can be considered a digital rupee.

In a massive country like India with a huge population, cryptocurrency investments would indeed
be a massive success. Cryptocurrencies could pave a new path for peer-to-peer lending,
international business transactions, etc. The Government of India has to create an effective financial
framework for the working and adoption of cryptocurrencies. Continuous innovation in the
blockchain system can also push cryptocurrencies into mainstream financial systems.

Conclusion

In recent years, there has been tremendous growth in technology, and cryptocurrency is one of the
byproducts of this growth. Growth: Cryptocurrency is a form of virtual currency that can be used
to make payments. However, due to it being a fairly new form of currency, there is not much
legislation related to it in India. The legalisation of cryptocurrency has been debated for a long
time, and there has been no law that expressly regulates or prohibits the use of cryptocurrency in
India. Initially, the RBI issued a circular discouraging the usage of cryptocurrency, but later this
circular was overruled by the SC in 2018. The government in 2017 established an
intergovernmental committee to prepare a report on cryptocurrency. The committee was against
the usage of cryptocurrency and suggested a blanket ban on cryptocurrency. Furthermore, in 2019,

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a proposal was made to introduce the Digital Rupee, a cryptocurrency to be issued by the RBI. As
of now, this bill is still pending in parliament and hasn’t been passed. In the year 2021, the
government proposed the Cryptocurrency and Regulation of Official Currency Bill 2021, which
allowed the use of cryptocurrency with some restrictions. Its purpose was the promotion of digital
currency issued by the RBI and providing a foundation for the introduction of the RBI-issued digital
currency called the digital rupee.9 Then, under the Union Budget 2022, the government imposed a
30% tax on any income from the transfer of virtual assets. In the year 2021, the Companies Act
2013 was amended; the amendment placed a compulsion on the companies to show their profits
and losses incurred due to cryptocurrency. The Prevention of Money Laundering Rules 2005, the
Ministry of Finance (PLMA Notification) 2023, etc. are some of the legislations surrounding
cryptocurrency in India. Despite the recent development in cryptocurrency in India, cryptocurrency
is not a legal tender in India. Besides the benefits regarding investments in cryptocurrencies, there
exist some risks surrounding cryptocurrency, such as privacy concerns, lack of government
regulations, cryptocurrency theft, tax on cryptocurrency, etc., which should be considered. The
legal status and the legislation differ from country to country; for example, in the USA, bitcoin,
which is a form of cryptocurrency, is legal. Various agencies have been set up that together govern
digital assets, which include the Department of Treasury, Securities and Exchange Commission
(SEC), Internal Revenue Service (IRS), and Financial Crimes Enforcement Network (FinCEN).
The legal status remains the same in the UK; the FCA (Financial Conduct Authority) has the agency
to operate and permit crypto transactions under the Markets in Financial Instruments Directive II
(MiFID II). The FCA regulations control companies whose customers buy cryptocurrencies by
checking KYC regulations. The Bank of England also plays a major role in regulating crypto. On
the contrary, China has taken a completely different stance than the US and the UK; due to various
reasons, it has sought to put a complete ban on the use of cryptocurrency in its country.

Inspired by Japan's Financial Services Agency and the USA's SEC, India should develop a thorough
legislative framework for cryptocurrencies encompassing RBI, SEBI, and the Ministry of Finance.
Though they are not legal money, cryptocurrencies should be classified as utility, security, and
payment tokens, acknowledged for their purchasing value. Strict AML rules and a self-regulating
agency like Japan's JVCEA should be followed as means of investor safety. Taxes should match

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those of Japan and the UK to guarantee capital gains tax on cryptocurrencies. Unlike China, India
should control rather than ban cryptocurrencies; rather, it should encourage innovation through a
regulatory sandbox and implement a Central Bank Digital Currency (CBDC) for financial stability.
Strict KYC rules, prohibition of market manipulation, and improved financial crime laws will
guarantee security, openness, and responsible use through their guarantees.

Recent developments in technologies globally need to be studied and analyzed. Accordingly, the
regulatory mechanisms and laws surrounding the use of cryptocurrency are needed to safeguard
traders and citizens from the potential risks in a structured and formal manner.

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AN OVERVIEW OF ENVIRONMENTAL PROTECTION IN
INDIA: LEGAL FRAMEWORK AND ANALYSIS

“Delhi schools directed to shift to hybrid mode of classes for grades up to 9 and 11 amid air
pollution”
-TOI Education / Jan 16, 2025, 08:12 IST

Authored by:- Sneha Dutta, Ballb (Honours) Student, South Calcutta Law College Affiliated To
The University Of Calcutta

Abstract

As air pollution in Delhi reaches alarming levels, the Delhi Directorate of Education (DoE)
directed all schools to shift to hybrid mode of classes for grades up to 9 and 11 for thorough
implementation of Graded Response Action Plan (GRAP). Such headlines are a new normal in
current Indian scenario raising questions about the normalization of environmental crises. While
these steps aim to mitigate the health risks, it denotes the failure to address the root causes of
pollution. Routine disruptions though have become ‘new normal’, cannot be an effective way to
tackle the pollution. Environmental protection in India is a constitutional mandate. The
Constitution of India, through Articles 48A and 51A(g), imposes a duty on the State and its
citizens to protect and improve the environment. Article 21 of the Indian constitution provides
Right to Life includes the right to a healthy environment. This article delves into key legislations
like the Environment (Protection) Act, 1986, the Water (Prevention and Control of Pollution)
Act, 1974, and the Air (Prevention and Control of Pollution) Act, 1981. It also examines the role
of regulatory bodies such as the Central and State Pollution Control Boards. Blue Visa, Polluters
Pay principle, Precautionary Principle, Public Trust Doctrine etc are efforts to shift from a
reactive to preventive approach. Despite these efforts, challenges persist in enforcement, public
awareness, and balancing development needs with environmental sustainability. This article
concludes with the recommendations for strengthening India's legal framework and the way
forward to deal with pollution.

1. Sneha Dutta, 4 year BALLB (Honours) student of South Calcutta Law College affiliated to the University of Calcutta, 57 K. N. Sen Road,
th

Kolkata- 700042.
2. Times of India Education
https://timesofindia.indiatimes.com/education/news/delhi-schools-directed-to-shift-to-hybrid-mode-of-classes-for-grades-up-to-9-and-11-
amid-air-pollution/articleshow/117282166.cms (THE LAST VISITED ON: 28/03/2025)

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Keywords: GRAP, Constitution of India, Right to Life, Legislations, State and Central Pollution Control
Board, Blue Visa, Polluters Pay Principle, Precautionary Principle, Public Trust Doctrine, Sustainability.

Introduction

Environmental protection is a global concern, but for a developing country like India, it presents unique
challenges. Environmental protection in India is a multifaceted issue. The interplay between environmental
degradation, rapid industrialization, and socio-economic development is complex. Over the years, India has
developed a robust legal framework to address environmental issues, complemented by active judicial
intervention. The nation's rapid industrialization and urbanization have exacerbated environmental
degradation so apart from existing legislations, new laws are also the need of hour. Constitution of India,
through its Directive Principles of State Policy, Fundamental Duties and Fundamental Rights, has
endeavoured to secure environmental protection. Thus, it mandates the clean environment as both rights and
duties of citizens.

Constitutional Perspective

The Constitution of India provides a strong foundation for environmental protection. Article 48A of the
Directive Principles of State Policy (DPSP), introduced by the 42nd Amendment in 1976, mandates the
State to “protect and improve the environment and to safeguard the forests and wildlife of the country.” It
is interesting to note that environment protection extends to protect the creatures of environment too, it is
not confined into the strict rule of air, soil, water and noise pollution. Humans have always interacted with
animals and other living beings for survival, development, and progress. However, this relationship has
often been skewed towards exploitation rather than coexistence. Several species got extinct due to human
exploitation either over nature or over the creatures itself. From hunting and poaching to industrial farming
and habitat destruction, human activities have significantly impacted the well-being of countless species.

Article 51A(g) of Fundamental Duties imposes a duty on every citizen to “protect and improve the natural
environment, including forests, lakes, rivers, and wildlife, and to have compassion for living creatures.”
This provision recognizes the role of citizens in maintaining ecological balance and reflects India's
commitment to sustainable development. Article 51A(g) makes environmental conservation a moral and
civic responsibility for every Indian citizen. It highlights the collective duty of individuals to ensure the
sustainability of natural resources for future generations. Article 51A(g) aligns with Article 48A, which

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directs the State to protect and improve the environment. Together, these provisions establish a framework
where both the government and citizens share responsibility for environmental conservation. The phrase
"compassion for living creatures" extends the duty beyond environmental protection to include kindness and
humane treatment of animals. It lays the foundation for laws like Prevention of Cruelty to Animals Act.

Article 21 incorporates Right to Life which includes Right to a clean and healthy environment, as has been
interpreted by the judiciary. Article 21 of the Indian Constitution guarantees the fundamental right to life
and personal liberty. It states, "No person shall be deprived of his life or personal liberty except according
to the procedure established by law." While the Article does not explicitly mention the right to a healthy
environment, judicial interpretation over the years has broadened its scope to include the right to a clean and
healthy environment as an integral part of the right to life. The judicial expansion of Article 21 has led to
the inclusion of several environmental components like pollution-free air and water, protection against
environmental hazards, sustainable development and conservation of natural resources.

India Is A Signatory To International Conventions

As a rapidly developing nation with rich biodiversity and environmental challenges, India has shown its
commitment to sustainable development by being a signatory to various international conventions and
treaties. These agreements ratified by India focus on curbing environmental degradation, promoting
biodiversity preservation and conservation and combating climate change.

Montreal Protocol on Substances that Deplete the Ozone Layer (1987) was entered into force in January
1989. It phases down the use of Ozone Depleting Substances (ODSs) in a time bound manner where the
developed and developing countries were given different time scales to reduce the ODSs. Developed and
developing countries have equal but differentiated responsibilities. The protocol can be amended and
regulations are subject to be changed as according to the scientific, technological and ecological
advancements made.

Basel Convention on Transboundary Movement of Hazardous Wastes, 1989 was adopted on March 22,
1989 by the Conference of Plenipotentiaries in Basel, Switzerland. It came into force in 1992 and was
concluded in Geneva on the 10th May, 2019 after two weeks of negotiations involving 187 countries. It laid

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down the guidelines on the movement of hazardous waste. The convention prevents the transfer of hazardous
wastes from developed to developing countries through cooperation between the parties.119

Rotterdam Convention was adopted on 10th September 1998 by a Conference of Plenipotentiaries in

Rotterdam, Netherlands and entered into force on 24th February 2004. It focuses on banned and severely
restricted industrial chemicals and pesticides. The Convention formulates legally binding obligations that
are necessary for the implementation of the Prior Informed Consent (PIC) procedure.120

Stockholm Convention is an endeavour to protect human health and the environment from Persistent
Organic Pollutants (POPs). POPs are chemicals that remain intact in the environment for long periods.
They become widely distributed geographically, accumulate in the fatty tissue of living organisms and are
toxic to humans and wildlife. POPs circulate globally and can cause damage wherever they travel. Over 152
countries ratified the Convention and it entered into force, on 17 May 2004.121 Stockholm Convention is
known as the Magna Carta on Human Environment.

Environmental Governance

Environmental governance refers to the processes, policies, and institutions that guide how humans interact
with the environment. It involves decision-making at various levels—local, national, regional, and global—
to manage natural resources and address environmental challenges in a way that promotes sustainability,
equity, and accountability. Examples of environmental governance include international agreements,
national environmental protection laws, and local community-based conservation initiatives.

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India’s Waste Dumping Proposal Stands Defeated, Daily Updates, Biodiversity & Environment,
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BRS Conventions COP Meet in Geneva
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geneva#:~:text=Rotterdam%20Convention%3A%20was%20adopted%20on,force%20on%2024th%20February%202
004.&text=The%20Convention%20creates%20legally%20binding,Informed%20Consent%20(PIC)%20procedure.
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UNITED NATIONS INDUSTRIAL DEVELOPMENT ORGANIZATION
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agreements/stockholm-convention
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Key components of environmental governance include- policy framework which includes laws, regulations,
and agreements that define how environmental resources are used and protected; Organizations, such as
government agencies, non-governmental organizations (NGOs), and international bodies, responsible for
implementing policies and enforcing laws; involvement of various groups, including governments,
businesses, civil society, and indigenous communities, in decision-making processes and
sustainability goals.

Environmental Laws In India

Environmental laws in India started its evolution in 1970s and gradually it witnessed prominent
environmental acts, policies and rules in India. Some of the important legislations include -- The Wildlife
(Protection) Act, 1972, The Water (Prevention and Control of Pollution) Act, 1974, The Air (Prevention
and Control of Pollution) Act, 1981, The Environment (Protection) Act, 1986, Ozone Depleting Substances
Rules, 2000, Biological Diversity Act 2002, The National Green Tribunal Act, 2010, Coastal Regulation
Zone Notification 2018 etc.

The Wildlife (Protection) Act, 1972 extends to the whole of India. It has six schedules which gives varied
degrees of protection to the wildlife including wild animals, birds, and plants and also matters related thereto.
It provides for comprehensive protection of habitat to wildlife. The establishment of Wildlife Advisory
Board to advise the state Government in declaring Wildlife Sanctuaries, National Parks and Closed areas
and their administration; in formulating of the policy for the protection and conservation of wildlife and
specified plants; in any matter relating to the amendment of any schedule, so as to maintain a harmonious
interface between tribes and other dwellers of the forests with the protection and conservation of wildlife.122

The Wildlife Protection Act of 1972 is a landmark legislation in India aimed at providing a framework for
the protection of plant and animal species, with an emphasis on preventing hunting, poaching, and
exploitation of wildlife. It categorizes species into schedules based on their conservation status, prescribing
stringent penalties for violations. Amendments to the Act have strengthened its provisions which has
promoted ecological balance and the sustainable coexistence of humans and wildlife.

The Wildlife Protection Act, 1972 includes six schedules that categorize species based on their conservation
status and the level of protection they require. Schedule I provides the highest level of protection to

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endangered species, strictly prohibiting hunting and trade, with examples like the Himalayan Bear, Snow
Leopard, Black Buck etc. Schedule II offers similar protection for other vulnerable species, such as the
Indian Cobra. Schedules I and II provide for absolute protection. Schedules III and IV protect less
endangered species with slightly fewer restrictions, including animals like Chital, Kingfishers etc. Schedule
V lists vermin species, such as crows, ducks and rats, which can be hunted subject to government
declarations. Here also, one has to apply for a license. Lastly, Schedule VI focuses on the protection of
specific plant species, regulating their cultivation and trade, including plants like Beddomes’ Cycad, pitcher
plants, blue orchids etc. These schedules play a vital role in ensuring targeted conservation efforts for India's
diverse flora and fauna. The World Commission on Environment and Development, in its report Our
Common Future, 1987 lied emphasis on the preservation of biodiversity and ecological conservation123.

The Water (Prevention and Control of Pollution) Act, 1974 aims at maintaining purity and goodness of
water and waterbodies. Central Pollution Control Boards (CPCB) and State Pollution Control Board
(SPCB) are established which play leading role in protecting the wholesomeness of water. Regulatory
bodies are entrusted with monitoring, planning, and implementing pollution control measures. The Act
prohibits the discharge of pollutants into water bodies beyond permissible limits and requires industries to
obtain consent before releasing effluents. It also provides penalties for non-compliance and empowers the
authorities to take necessary action to safeguard water resources. This Act plays a crucial role in promoting
sustainable water management and protecting aquatic ecosystems.

The Air (Prevention and Control of Pollution) Act, 1981 is a comprehensive environmental legislation
in India enacted to prevent, control, and reduce air pollution and improve air quality. It was introduced to
fulfill India's commitment to the Stockholm Conference (1972) and aims to protect public health and the
environment from harmful effects of air pollution. The Act establishes the Central Pollution Control Board
(CPCB) and State Pollution Control Boards (SPCBs) as regulatory authorities to monitor air quality,
formulate pollution control policies, and enforce compliance with standards for emissions and air quality. It
empowers these bodies to declare air pollution control areas, where stricter regulations on industrial
emissions, vehicular exhaust, and other pollutants apply.

The Act mandates industries to obtain consent before commencing operations and restricts emissions
beyond permissible limits. It also provides guidelines for controlling air pollution from construction
activities, burning of waste, and other human activities. The law includes penalties for non-compliance, such

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as fines, imprisonment, or closure of offending establishments. Amendments and subsequent rules have
strengthened the Act, enabling it to address emerging challenges like vehicular pollution and urban air
quality degradation. Overall, the Act is a cornerstone of India’s efforts to combat air pollution and promote
sustainable development.

The Environment (Protection) Act, 1986 is a landmark legislation in India that provides a legal framework
for protecting and improving the environment. Enacted in the aftermath of the Bhopal Gas Tragedy, the Act
empowers the central government to take extensive measures to safeguard the environment and public
health. It aims to prevent environmental degradation by regulating activities that pose a risk to ecological
balance. The Act provides the government with authority to set environmental quality standards for air,
water, and soil, regulate the handling and disposal of hazardous substances, and impose restrictions on
industrial operations in sensitive areas.

One of the most significant aspects of the Act is its broad scope, covering all components of the environment,
including air, water, land, and biodiversity. The government can issue notifications to protect specific
ecosystems, impose guidelines for environmental impact assessments (EIA), and implement management
plans for hazardous wastes. It also lays down penalties for violations, including fines and imprisonment, to
ensure strict compliance.

The Act's flexible and dynamic nature allows for amendments and the creation of rules, such as the
Environment Impact Assessment Notification, 2006, to address emerging environmental challenges. By
serving as an umbrella legislation, it complements and strengthens existing laws like the Water Act, 1974,
and the Air Act, 1981, while promoting sustainable development. The Act is instrumental in balancing
environmental conservation with economic growth and protecting natural resources for future generations.

The Sustainable Development Goals that is to be achieved by 2030 as per United Nations guidelines, can
only be possible if the courts and tribunals should take proper measures. The National Green Tribunal
Act, 2010 was enacted by the Government of India to establish the National Green Tribunal (NGT), a
specialized judicial body for the effective and expeditious disposal of cases related to environmental
protection, forest conservation, and natural resource management. The Act aims to reduce the burden on
regular courts by providing a dedicated forum to address environmental disputes involving multi-
disciplinary issues. It empowers the NGT to hear cases concerning environmental laws. The Act provides
for establishment of tribunal, composition of tribunal, appointment of chairperson, judicial member, expert
member, jurisdiction, power and proceedings of the tribunal etc other important necessities.

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Chipko Andolan

The Chipko Andolan (Chipko Movement) was a significant environmental movement in India that emerged
in the 1970s to protect forests from commercial exploitation. The name “Chipko,” meaning “to embrace” in
Hindi, reflects the protesters’ practice of hugging trees to prevent them from being cut down. The movement,
originated in the Chamoli district of Uttarakhand in 1973, was triggered by the government's decision to
grant forest contracts to commercial logging companies, ignoring the needs of local communities who
depended on the forests for their livelihoods.

In 1964, Gandhian social activist and environmentalist Chandi Prasad Bhatt founded an organisation named
Dasholi Gram Swarajya Sangha which later became known as Dasholi Gram Swarajya Mandal (DGSM).
Its aim was to foster small industries using local resources for the upliftment of the rural villagers. Industrial
logging by the large-scale industries was linked to severe monsoon floods which took a toll of 200 lives.
DGSM started protesting. Later, Sundarlal Bahuguna, an environmentalist, also joined DGSM and together
they began to share Chipko’s tactics with the local people. In the village of Reni when the men were
summoned by government, the loggers came to cut 2000 trees. Astonishingly they met women of the village
led by Gaura Devi hugged the trees to prevent the deforestation. Thus, Chipko movement besides eco-
socialist nature, became eco-feminist too.124

David Hardiman, concluding his research on Adivasi movement of western India, writes, “as yet full fledged
capitalism represents in these region only a possibility, by not an achievement. The Adivasi values have
deeper roots which a resilience which provides us with at least some source of hope.”125

Sustainable Development

Sustainable Development refers to a mode of development that meets the needs of the present without
compromising the ability of future generations to meet their own needs. It aims to achieve a balance between
economic growth, environmental preservation, and social well-being.

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It means integration of developmental and environmental imperatives. Ecological sustainability as well as
economic development is the key to sustainable development. This concept was brought into common use
by the Brundtland Commission in its 1987 Report over Common Future. All United Nations members in
2015 adopted and created 17 world Sustainable Development Goals as per the 2030 Agenda for Sustainable
Development. The aim of these global goals is "peace and prosperity for people and the planet" – while
tackling climate change and working to preserve the world environment.126 The United Nations in its article
states seventeen goals of sustainable development -

Goal 1 is “No poverty” which means to end poverty in all its forms everywhere.

Goal 2 describes “Zero hunger” which aims to end hunger, achieve food security and improved nutrition
and promote sustainable agriculture.

Goal 3 emphasizes on “Good health and well-being” which ensures healthy lives and promotes well-being
for all at all ages.

Goal 4 is “Quality education” that ensures inclusive and equitable quality education and promotes lifelong
learning opportunities for all.

Goal 5 upholds “Gender equality” that aids to achieve gender equality and empower all women and girls.

Goal 6 lies importance in “Clean water and sanitation” which aims to ensure availability and sustainable
management of water and sanitation for all.

Goal 7 validates “Affordable and clean energy” leading to ensure access to affordable, reliable,
sustainable and modern energy for all.

Goal 8 that is “Decent work and economic growth” aims to promote sustained, inclusive and sustainable
economic growth, full and productive employment and decent work for all.

Goal 9 ratifies “Industry, innovation and infrastructure” which aims to build resilient infrastructure,
promote inclusive and sustainable industrialisation and foster innovation.

Goal 10 that is “Reduced inequalities” aims to reduce inequality within and among countries.

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Goal 11 that is “Sustainable cities and communities” helps to make cities and human settlements
inclusive, safe, resilient and sustainable.

Goal 12 which is “Responsible consumption and production” means to ensure sustainable consumption
and production patterns.

Goal 13 means “Climate action” and to take urgent action to combat climate change and its impacts.

Goal 14 is “Life below water” which emphasizes to conserve and sustainably use the oceans, seas and
marine resources for sustainable development.

Goal 15 emphasizes on “Life on land” and to protect, restore and promote sustainable use of terrestrial
ecosystems, sustainably manage forests, combat desertification, and halt and rivers land degradation and
halt biodiversity loss.

Goal 16 is “Peace, justice and strong institutions” that is to promote peaceful and inclusive societies for
sustainable development, provide access to justice for all and build effective, accountable and inclusive
institutions at all levels.

Goal 17 and the last goal is “Partnerships for the goals” which means to strengthen the means of
implementation and revitalise the Global Partnership for Sustainable Development.127

The salient features of sustainable development as mentioned in various reports, declarations and Agenda
21, include- inter-generational equity, use and conservation of natural resources, environmental protection,
the precautionary principle, the polluter pays principle, obligation to assist and cooperate, eradication of
poverty and financial assistance to the developing countries.

Judicial Decisions128

1. Tata Tea Ltd. v. State of Kerala129

In this case the owners of the factory where discharging its effluents into the river there by the river water
was getting polluted. The same water when used for drinking, was causing health issues. An order was

127
MAKE THE SDGS A REALITY, United Nations
https://sdgs.un.org/ (THE LAST VISITED ON: 28/03/2025)
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129
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passed by the sub divisional Magistrate directing the owners of the factory to make suitable arrangements
within 7 days from the date of the order. When the case was moved to the High Court, the Court observed
that the executive magistrate had no jurisdiction to deal with the matter under section 133 of CrPC.

2. Fertilizer Corporation Kamgar Union v. Union of India130

A Trade Union challenged the sale of old machinery and a plant belonging to a state-owned corporation on
the ground that the sale was arbitrary and violated the workers right to occupation under Article 19 (1)(g)
of the Indian Constitution. The court rejected the petition because it found no merit in either claim.

3. Maneka Gandhi v. Union of India131

The Supreme Court held that the right to live with human dignity is a fundamental right within the scope of
article 21 of the constitution. The right to leave with human dignity as explained by the court in the case
itself was held to include a healthier ecology and unpolluted environment.

4. GANGA POLLUTION Cases

In M. C. Mehta v. Union of India132 the Supreme Court under Article 32 directed for the closure of tanneries
of Jajmau near Kanpur polluting the Ganga. The court of just that notwithstanding the comprehensive
provisions content in the Water (Prevention and Control of Pollution) Act, 1974 and the Environment
(Protection) Act, 1986 no effective measures have been taken by the government to stop the grave public
nuisance which was caused by the tanneries. (Mehta I Tanneries)

In M. C. Mehta v. Union of India133 , a public interest litigation was filed in the Supreme Court for issuing
direction to prevent the pollution of Ganga water. The allegation was in spite of having the mentioned
legislations which imposed duties on both the state and Central Government to govern environmental
protection, both the authorities have failed in discharging their duties. The Apex Court directed the Kanpur
Nagar Mahapalika to submit a proposal for effective prevention and control of water pollution within 6
months to the board constituted under the Water Act. Moreover, Mahapalika was directed to get the dairies
shifted outside the city and arrange for removal of waste accumulated so that it may not reach the river
Ganga. Besides, the construction of public latrine and urinals for the use of the poor people free of cost,

130
AIR 1981 SC 344
131
AIR 1981 SC 746
132
AIR 1988 SC 1037
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ensuring dead bodies or half burnt bodies are not thrown into Ganga and also taking stringent actions against
industries responsible for pollution, became mandates. (Mehta II Municipalities)

5. Union of India v. Union Carbide Corporation134 (BHOPAL GAS TRAGEDY Case)

Just after midnight on December 3, 1984 nearly 40 tons of highly toxic methyl isocyanate (MIC) escape into
the atmosphere from the Bhopal Plant of the Union Carbide and killed over 350 persons who lived in
dispersing chemical pathway. To some experts it was the worst gas tragedy ever taken place. As remedy
parliament passed legislation which delegated exclusive power to the union government to represent all
claimants both within and outside India.

6. M.C. Mehta v. Union of India135 (OLEUM GAS LEAK Case)

The Supreme Court directed the company manufacturing hazardous and lethal chemicals and gases posing
danger to health and life of a workmen and people living in its neighbourhood to take all necessary safety
measures before reopening the plant. The leakage of chlorine gas from the plant resulted in death of one
person and caused hardships to workers and residents of the locality. The management was directed to
deposit a sum of rupees 20 lakh as security for payment of compensation to the victims of Oleum gas leak
case. The rule of absolute liability was propagated in this case where no fault liability was imposed.

7. M. C. Mehta v. Union of India136 (TAJ MAHAL Case)

The Supreme Court directed that the industries which use Coke or coal as industrial fuel must stop their
functioning in Taj Trapezium Zone (TTZ). Taj Mahal, a UNESCO World Heritage Site, was facing severe
degradation due to industrial emission causing air pollution within TTZ. The Court ruled to either use cleaner
fuel like natural gas or to shift the industries outside TTZ. The court also directed the government to look
after sustainable development.

Conclusion

In the words of Isha-Upanishads, “The universe along with its creatures belongs to the land. No creature
is superior to any other. Human beings should not be above nature. Let no species encroach over the

134
(1986) 1 Comp. L. J. 25(SC)
135
1987 A.I.R. 1086
136
(1997) 2 SCC 353

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rights and privileges of other species.”137 Environmental laws have evolved over a long period of time. The
5th Pillar Edict in the regime of Ashoka, to Chipko Andolan, modern legislations, United Nations
commitments, Ecomark Scheme - the gradual rising of environmental consciousness is really eye-catching.
While India has made commendable progress in building a legal framework for environmental protection,
achieving a balance between development and conservation requires sustained efforts, innovative solutions,
and a collective commitment from all sections of society. Ensuring environmental sustainability is not just
a legal obligation but a moral imperative to secure the future of the nation and the planet.

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ARTIFICIAL INTELLIGENCE AND INDIAN JUDICIARY

Authored by:- Debattam Bhattacharjee , Ballb (Honours) Student, South Calcutta Law College
Affiliated To The University Of Calcutta. 138

Abstract

The Indian judicial system, with its vast and intricate legal framework, has long grappled with
issues of backlog, inefficiency, and delay in justice delivery. The advent of Artificial Intelligence
(AI) presents a transformative opportunity to address these challenges by enhancing efficiency,
accuracy, and accessibility in the legal domain. AI-driven tools such as machine learning
algorithms, natural language processing, and predictive analytics can significantly aid legal
research, case management, and decision-making processes. This article delves into the integration
of AI in the Indian judiciary, exploring its current applications, potential benefits, associated
challenges, and the road ahead. While AI offers substantial advantages in terms of judicial
efficiency, it also raises concerns regarding data security, ethical considerations, and judicial
discretion. A balanced approach incorporating technological advancements with human oversight
is essential for the effective implementation of AI in the Indian legal landscape. In this article we
will read about various benefits, shortcomings, involvement of AI in world judicial system, some
notable case laws along with Indian perspective.

KEYWORDS- Artificial Intelligence, Case Management,Indian Judiciary,Case Laws, Machine

Learning Algorithms, Language Processing.

Introduction

The Indian judiciary is one of the largest and most complex legal systems in the world, catering
to a population of over 1.4 billion. With over 47 million pending cases across various courts,
delays in justice delivery have been a long-standing issue. The incorporation of Artificial
Intelligence (AI) into the judicial system holds immense potential to streamline processes, reduce

DEBATTAM BHATTACHARJEE, 8TH SEMESTER (2021-2026), BALLB (HONOURS), SOUTH CALCUTTA LAW COLLEGE,
138

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pendency, and enhance decision-making capabilities. AI-powered legal tools can assist judges,
lawyers, and litigants by automating repetitive tasks, improving research efficiency, and
predicting case outcomes. However, the adoption of AI in the judiciary must be carried out with
caution, ensuring that technological advancements align with principles of justice, fairness, and
transparency.

What Is Artificial Intelligence?139

AI (Artificial Intelligence) is the simulation of human intelligence in machines, enabling them to

perform tasks that typically require human thinking. These tasks include learning, reasoning,
problem-solving, perception, and language understanding.

AI is broadly categorized into:

Narrow AI (Weak AI) – Specialized AI designed for specific tasks (e.g., chatbots,
recommendation systems, self-driving cars).

General AI (Strong AI) – Hypothetical AI with human-like cognitive abilities, capable of

reasoning across various domains.AI technologies include machine learning (ML), deep learning,
neural networks, natural language processing (NLP), and computer vision.

Countries Having Ai In Their Judicial System

Several countries have integrated Artificial Intelligence (AI) into their judicial systems to
enhance efficiency, reduce backlog, and improve decision-making. Here are some notable
examples:

1. China

AI Judges & Smart Courts: China uses AI-powered "virtual judges" in online courts.

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Legal AI Tools: The "206 System" helps judges analyze cases and recommend sentences.

Facial Recognition & Case Prediction: AI assists in evidence evaluation and legal research.

2. Estonia

AI Judges for Small Claims: Estonia has developed an AI judge system to resolve disputes under
€7,000.

Automated Legal Analysis: AI assists in handling administrative cases.

3. United States

AI in Sentencing & Bail Decisions: Tools like COMPAS assess the likelihood of recidivism.

Predictive Analytics: AI helps in legal research and case management.

4. United Kingdom

AI-Powered Legal Assistants: AI is used for case law research and contract analysis.

Online Dispute Resolution (ODR): AI is integrated into small claims and civil disputes.

5. Brazil

AI "VIC" (Virtual Intelligence for Courts): AI helps analyze documents and draft decisions.

AI to Reduce Backlog: AI assists in screening millions of cases.

6. India

AI "SUPACE" (Supreme Court AI Portal for Efficiency): Helps judges with case analysis and
research.

AI-Powered Legal Research: Tools like SUVAS translate judgments into regional languages.

7. Canada

AI in Legal Research: Tools like Blue J Legal use AI for tax and employment law predictions.

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AI for Predicting Case Outcomes: Used to assist lawyers and judges.

8. Singapore

AI for Dispute Resolution: Online courts use AI for case mediation.

AI-Powered Legal Chatbots: Assist citizens in understanding legal procedures.

9. France

AI in Judicial Analysis: AI is used to predict case outcomes and assist in legal research.

Regulating AI in Law: France has laws restricting AI's role in fully replacing human judges.

10. South Korea

AI-Powered Legal Assistants: AI is used in case law research and automated document processing.

Smart Courts: AI helps manage and streamline case workflows.

Current Application Of Ai In Indian Judiciary140

SUPACE (Supreme Court Portal for Assistance in Court Efficiency)

Launched by the Supreme Court of India, SUPACE is an AI-driven tool aimed at assisting judges
in legal research and case analysis.It helps in processing large volumes of data, summarizing legal
precedents, and identifying relevant cases efficiently.

SUVAS (Supreme Court Vidhik Anuvaad Software)

An AI-based translation tool used by the Supreme Court for translating judgments and legal
documents into regional languages.Enhances accessibility by bridging linguistic barriers in the
legal system.

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E-Courts and AI-driven Case Management

The e-Courts project, initiated by the Indian judiciary, integrates AI to facilitate

digital filing, case tracking, and automated document management.

AI-powered chatbots and virtual assistants are being employed to assist litigants with
case status updates and legal queries.

Predictive Analytics and Legal Research Tools

AI-driven platforms like Manupatra, SCC Online, and CaseMine provide predictive analytics to
assist lawyers in assessing case outcomes.Machine learning algorithms analyze past judgments to
offer insights into judicial trends and potential verdicts.

Potential Benefits Of Artificial Intelligence In Judiciary141

Reduction in Case Backlog

AI-powered automation can expedite routine judicial tasks such as document review, legal
research, and case scheduling.Predictive analytics can help prioritize cases based on urgency and
complexity.

Enhanced Legal Research and Analysis

AI can quickly analyze vast amounts of legal data, offering precise and relevant case laws.

Natural Language Processing (NLP) enables AI tools to understand legal terminology and generate
accurate legal insights.

Improved Judicial Decision-Making AI can assist judges by providing data-driven

recommendations, reducing human errors, and ensuring consistency in rulings.Sentencing
guidelines and case precedent analysis can aid in fair and impartial adjudication

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Increased Accessibility and Efficiency

AI-powered translation tools can bridge language gaps, making legal information accessible to
diverse linguistic communities.Virtual legal assistants can help citizens access legal information,
file complaints, and track case progress online.

Challenges And Ethicial Considerations142

Data Privacy and Security Concerns

The use of AI in the judiciary requires handling sensitive legal data, raising concerns about data
breaches and misuse.Robust cybersecurity measures and regulatory frameworks must be
established to safeguard judicial data.

Bias in AI Algorithms

AI models are trained on historical data, which may contain biases leading to discriminatory
outcomes.Ensuring transparency and accountability in AI decision-making processes is crucial to
prevent unfair judgments.

Judicial Discretion and Human Oversight

AI should serve as an assistive tool rather than a decision-making authority.Human judges must
retain ultimate control over judicial decisions, ensuring that AI complements rather than replaces
judicial wisdom.

Regulatory and Ethical Frameworks

The absence of a comprehensive legal framework governing AI use in the judiciary poses
regulatory challenges.Establishing ethical guidelines for AI deployment in the legal sector is
essential to maintain trust and integrity in the judicial system.

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The Road Ahead: Ai And The Indian Judiciary

Developing Indigenous AI Solutions

India should focus on developing indigenous AI tools tailored to its legal ecosystem, considering
linguistic and cultural diversity.Collaboration between the judiciary, academia, and technology
firms can drive innovation in AI-powered legal solutions.

Capacity Building and AI Literacy

Judges, lawyers, and court officials must be trained in AI technologies to effectively integrate
them into judicial processes.

AI literacy programs and workshops can equip legal professionals with the necessary skills to
harness AI’s potential.

Strengthening Legal and Ethical Regulations

A regulatory framework must be established to govern the ethical use of AI in the judiciary,
ensuring transparency and accountability.Periodic audits and reviews of AI-based legal tools
should be conducted to assess their effectiveness and fairness.

Public Awareness and Inclusivity

Educating citizens about AI-driven legal services can enhance accessibility and participation in
the justice system.AI solutions should be inclusive, catering to marginalized communities and
individuals with limited digital literacy.

Notable Case Laws Of Ai Involved In Judicial System In The World143

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Several notable case laws have shaped the use of AI in the judiciary, addressing issues such as
AI-driven decision-making, bias, and legal accountability. Here are some of the most significant
cases:

1. Loomis v. Wisconsin (2016) – USA

Issue: Can an AI algorithm (COMPAS) be used in sentencing decisions?

Facts: Eric Loomis challenged his sentence, arguing that the COMPAS AI risk assessment tool
unfairly classified him as a high-risk offender.

The AI system's methodology was proprietary and non-transparent.

Ruling: The Wisconsin Supreme Court upheld the use of COMPAS, stating that AI could assist
judges but should not be the sole factor in sentencing.

Impact: Highlighted bias concerns in AI sentencing tools.

Emphasized the need for human oversight in AI-based legal decisions.

2. Estonian AI Judge for Small Claims (2020) – Estonia

Issue: Can AI independently decide legal cases?

Facts: Estonia introduced an AI-powered judge for handling small disputes (<€7,000).

This raised concerns about AI accountability and fairness.

Impact: Set a precedent for AI adjudication in civil matters.

Ensured human judges review AI decisions before final judgment.

3. State v. AI Chatbot (2021, China )

Issue: Can AI-generated legal advice be held accountable?

Facts: A Chinese AI legal assistant gave incorrect legal guidance, leading to an appeal on
wrongful conviction.

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Ruling: The court ruled that AI tools must not replace legal professionals and must be used only
for assistance.

Impact: Strengthened regulation on AI legal bots.

Ensured AI is an aid, not a replacement, in legal judgments.

4. Canada v. Blue J Legal (2019) – Canada

Issue: Can AI predict tax law rulings with legal credibility?

Facts: The AI platform Blue J Legal predicted tax case outcomes based on past judgments.

A taxpayer used AI-predicted rulings as legal evidence.

Ruling: The court accepted AI analysis as an argument but stated that AI-predicted rulings do not
replace judicial discretion.

Impact: Opened the door for AI-assisted legal research in court.

Defined AI as a legal aid, not an authoritative decision-maker.

5. HART AI Bail System (2017) – UK

Issue: Can AI-based risk assessments be used in pre-trial decisions?

Facts: The HART AI system was used in Durham, UK, to predict whether suspects should be
granted bail.

Concerns arose about AI bias and lack of transparency.

Impact: Led to stricter ethical guidelines for AI in the legal system.

Emphasized AI accountability and fairness in pre-trial decisions.

NOTABLE CASE LAWS INVOLVING AI IN INDIAN JUDICIARY144

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The integration of artificial intelligence (AI) into the Indian judiciary has led to several notable
case laws, reflecting the courts' evolving stance on AI's role in legal proceedings. Here are some
significant instances:

1. Use of ChatGPT in Judicial Decisions

Punjab & Haryana High Court (March 2023): Justice Anoop Chitkara referenced
ChatGPT while adjudicating a bail application in a case involving assault leading to death. He
queried ChatGPT about bail jurisprudence concerning acts of cruelty, incorporating the AI's
response into his judgment. Justice Chitkara clarified that this was intended to provide a broader
perspective on bail jurisprudence where cruelty is a factor, rather than influencing the case's
merits.

Manipur High Court (December 2023): Justice A. Guneshwar Sharma utilized

ChatGPT for additional research in a case concerning the dismissal of a Village Defence Force
(VDF) personnel. Due to insufficient information provided by the police, the court turned to
ChatGPT to understand the role and function of the VDF, which informed its decision to set aside
the dismissal, citing procedural lapses.

2. Judicial Skepticism Towards AI-Generated Content

Delhi High Court (August 2023): In the trademark infringement case of Christian Louboutin SAS
& Anr. v. M/s The Shoe Boutique – Shutiq, the court addressed the reliability of AI-generated
data. Justice Pratibha M. Singh noted that while AI tools like ChatGPT can assist in preliminary
understanding or research, they cannot replace human intelligence in adjudication. The court
highlighted concerns about AI generating incorrect responses or fictional data, emphasizing that
legal or factual issues should not be decided based on AI-generated content.

3. Legal Actions Involving AI and Copyright Infringement

ANI vs. OpenAI (November 2024)-The Indian news agency ANI filed a lawsuit against OpenAI,
alleging unauthorized use of its published content for training the ChatGPT model. ANI claimed

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that OpenAI used its content without permission and attributed fabricated news stories to ANI,
leading to legal proceedings in a New Delhi court.

Book Publishers vs. OpenAI (January 2025): A consortium of Indian and international book
publishers, including Bloomsbury and Penguin Random House, challenged OpenAI for copyright
violations. They alleged that ChatGPT disseminated book summaries and extracts from
unauthorized copies, impacting their business. OpenAI defended itself by asserting that ChatGPT
uses only publicly available data and invoked fair use principles.

Media Houses vs. OpenAI (January 2025): Major Indian digital news units owned by
conglomerates such as those led by Gautam Adani and Mukesh Ambani, along with other media
outlets, initiated legal action against OpenAI. They accused the company of using copyrighted
content without permission to train its AI services, arguing that such practices undermine the local
media industry.

These cases underscore the Indian judiciary's cautious yet evolving approach to AI, balancing
technological advancements with the preservation of legal integrity and the protection of
intellectual property rights.

Conclusion

AI has the potential to revolutionize the Indian judicial system by enhancing efficiency, reducing
pendency, and improving legal accessibility. While AI-driven tools can streamline judicial
processes, it is crucial to balance technological advancements with ethical considerations and
human oversight. The future of AI in the Indian judiciary lies in a collaborative approach, ensuring
that AI serves as a facilitator of justice rather than a substitute for human judgment. By embracing
AI responsibly, the Indian legal system can move towards a more efficient, transparent, and
inclusive judicial framework.

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BREAKING FREE FROM ANIMAL TESTING IN INDIA:
TRANSITIONING TO CRUELTY-FREE PRODUCTS
Authored by:- Akshat Bose, B.A.LL.B Student, Amity University Kolkata

Abstract

Animal cruelty is an all-time increasingly harsh truth of society and until when this will be left
untouched the more the speechless creatures will be facing menaces from humans. History is
witness that since time immemorial humans have exploited animals for their own selfish uses and
animal testing is an example of one such exploitation. Animal testing means the procedures that
are done on living animals for research purposes in the field of biology, diseases and checking the
efficacy of new medicines and checking health of humans and/or checking how safe the consumer
or industrial products are which include cosmetics, cleaners for household, food items,
pharmaceuticals and chemicals for industry and agriculture. Experiments are done on animals
instead on humans so as to keep the experiments cost-effective. Experimentation on humans will
not only be more expensive but also be more sensitive for human researchers to see the sufferings
of another human being. So, these speechless creatures of almighty are made the scapegoat because
they are incapacitating to express their pain and sufferings. All experiments, even those which are
mild have the capacity to put the animals in physical or mental distress. This paper will highlight
the heart-wrenching facts about animal testing and why every heart with humanity should stand
against it. A brief historical background about animal testing and present scenario of it will be
discussed in the paper. What present laws does India have about animal testing and what changes
can be brought in it will also be given. The paper will also suggest ways as to how we can conduct
research without harming any animal using modern techniques and how we can irradicate this
cruelty on animals.

Keywords

Animal Testing, The Principles of Humane Experimental Technique, The Prevention of Cruelty to
Animals Act, Organs-On-Chip Technology.

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Introduction

Animal testing has been a long-standing ethical and scientific dilemma, raising questions about the
rights, suffering, and treatment of animals in research. While some argue that animal testing is
essential for medical progress, others believe it is an inhumane and outdated practice that must be
replaced with ethical alternatives. Animal rights advocates emphasize that animals, like humans,
can feel pain, fear, and distress, making their use in experiments morally questionable. Philosophers
Immanuel Kant and Jeremy Bentham had differing views—Kant warned that cruelty to animals
desensitizes humans, but he did not recognize animals as moral equals. Bentham, on the other hand,
argued that animals' ability to suffer should grant them legal protection, laying the foundation for
modern animal welfare movements.

Animal testing is prevalent in pharmaceuticals, cosmetics, and biomedical research, with millions
of animals subjected to painful procedures, toxic exposure, and genetic modifications. However,
despite its widespread use, over 90% of drugs that pass animal tests fail in human trials, raising
concerns about its scientific reliability and effectiveness. Historically, animals have been exploited
for ritual sacrifices, warfare, and crude experiments. In the 18th and 19th centuries, scientific
research institutionalized vivisection and medical experimentation, leading to the large-scale use
of animals in laboratories. However, as awareness of animal welfare grew, countries started
introducing laws and regulations to restrict and regulate animal testing.

In the 21st century, ethical concerns (A.J. Rowan, 2021) and technological advancements have led
to bans on cosmetic animal testing in countries such as India, the European Union, and Israel.
Scientific breakthroughs have resulted in alternative research methods such as in-vitro testing,
computer modelling, and organs-on-chip technology, which offer more accurate, humane, and cost-
effective solutions. Additionally, ethical consumerism has gained momentum, with a rising demand
for cruelty-free and vegan products, pressuring companies to adopt animal-free testing methods.
Despite these advancements, millions of animals continue to suffer in laboratories worldwide,
emphasizing the need for stricter regulations and global cooperation. India, with its cultural heritage

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of non-violence (Ahimsa), is in a strong position to lead the movement toward cruelty-free research
and ethical scientific progress.

Scientific advancements do not have to come at the cost of cruelty. With modern alternatives
proving more reliable and humane, the transition toward cruelty-free research and ethical product
development is not just a moral necessity but also a scientific and economic advantage. Eliminating
animal testing requires policy changes, increased public awareness, and a strong industry-wide
commitment to humane and sustainable practices, ensuring that science and compassion coexist for
a better future.

Historical Background of Animal Testing

Animal testing has been practiced for thousands of years, evolving from religious sacrifices and
crude dissections to modern biomedical and pharmaceutical research. (Knight, 2018) In early
civilizations, animals were often used in ritual sacrifices and medical studies due to their anatomical
similarities to humans. While these experiments contributed to scientific knowledge, they also
raised ethical concerns that continue to be debated today.

The systematic use of animals in experimentation dates back to ancient Greece and Rome. Aristotle
(384–322 BCE) dissected animals to understand biological functions, while Erasistratus (304–250
BCE) conducted experiments on living animals to study organ functions. Galen (129–216 CE),
often called the "father of vivisection," performed live dissections on pigs and monkeys,
significantly advancing human anatomy studies. Despite these scientific contributions, the practice
normalized the use of animals as research tools, a tradition that persisted for centuries. (J Fieser,
'The Historical Development of Animal Rights Philosophy' , 2016)

During the Renaissance and Scientific Revolution (16th–18th centuries), animal experimentation
became more structured. Scientists justified vivisection as necessary for medical progress, even
though it caused immense suffering to animals. René Descartes (1596–1650) argued that animals
did not feel pain as humans did, which was used as a moral defense for their use in research.
William Harvey (1578–1657) conducted experiments on animals to study blood circulation,
leading to major breakthroughs in human physiology. By the 19th century, animal testing was

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widely practiced in medicine, pharmacology, and surgical training, with little regard for ethical
considerations.

As medical research expanded, public awareness of animal cruelty also grew. The 19th and 20th
centuries saw the rise of animal rights movements (Regan, 1983), advocating for ethical treatment
and stricter regulations. One of the first significant legal protections came with the Cruelty to
Animals Act (1876) in the UK (The Cruelty to Animals Act 1876 (UK)), which introduced
restrictions on animal testing. The 1959 publication of the "3Rs Principle" by Russell & Burch—
Replacement, Reduction, and Refinement—encouraged scientists to minimize animal suffering and
explore humane alternatives.

By the late 20th and early 21st centuries, advancements in in-vitro testing, artificial intelligence
simulations, and organs-on-chip technology provided more ethical and accurate alternatives to
animal experimentation. (A.J. Rowan, 2021) Many countries, including India, the European Union,
and Israel, banned cosmetic animal testing, reflecting a growing global shift toward cruelty-free
research.

Despite progress, millions of animals continue to be used in pharmaceutical and medical testing,
highlighting the ongoing ethical and scientific debate. While history shows the crucial role of
animal testing in medical advancements, the increasing availability of humane alternatives raises
the question: Is it time to eliminate animal testing entirely? (DeGrazia, 2019)

Present Scenario of Animal Testing

Animal testing remains a controversial and widely practiced method in scientific research, despite
growing opposition. It is used in pharmaceuticals, cosmetics, medical research, and product safety
testing, with millions of animals subjected to painful procedures each year. While some argue that
animal testing is necessary for human health advancements (Balcombe, 2017), scientific studies
and ethical concerns increasingly challenge its relevance and effectiveness. (Hart, 2018)

One of the biggest justifications for animal testing is its role in drug development and disease
research. The pharmaceutical industry mandates animal testing before human clinical trials to
ensure drug safety. However, failure rates remain alarmingly high. According to the U.S. Food and

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Drug Administration (FDA), approximately 92% of drugs that pass animal tests fail in human trials,
either due to toxicity issues or inefficacy. A more recent estimate suggests this number has risen to
96%, raising serious concerns about whether animal models accurately predict human responses.
(R L Tannenbaum, 2015)

Beyond the pharmaceutical sector, cosmetic and consumer product industries have historically
relied on animal testing to assess toxicity and allergic reactions. However, due to increasing ethical
awareness and regulatory changes, many countries, including India, the European Union, and
Israel, have banned animal testing for cosmetics. Despite this, imported products from countries
like China—where animal testing remains mandatory for many products—still pose an ethical
dilemma for consumers who seek cruelty-free options.

A major challenge in regulating animal testing is lack of transparency and standardized global
policies. Some countries, such as those in Europe, Australia, and North America, publish annual
reports detailing the number of animals used in testing. However, nations like China and the United
States exclude a significant percentage of test animals from their official data, leading to
underreported figures. It is estimated that over 115 million animals are used worldwide in
laboratory experiments each year, but the true number may be far higher.

In India, animal testing is governed by the Prevention of Cruelty to Animals Act, 1960 (The
Prevention of Cruelty to Animals Act 1960 (India) ), and its amendments. Regulatory bodies like
the Committee for the Purpose of Control and Supervision of Experiments on Animals (CPCSEA)
set guidelines for ethical treatment. However, loopholes in enforcement allow continued animal
suffering, and research institutions often find ways to bypass restrictions. Additionally, education
institutions have restricted animal dissection, yet animal experimentation in medical research
persists.

As technology advances, alternatives such as in-vitro testing, computer modelling, and organs-on-
chip technology are proving to be more effective, ethical, and economically viable. Despite this,
many industries still hesitate to transition away from traditional animal testing, showing that while
progress is being made, there is still a long way to go in achieving cruelty-free research globally.

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National Laws and Regulations on Animal Testing in India

India has implemented various laws and regulatory measures to monitor and restrict animal
experimentation. While the country has taken progressive steps to ban animal testing in certain
sectors, gaps in enforcement and loopholes still allow its continuation in others. The Prevention of
Cruelty to Animals Act, 1960 (PCA Act) serves as the primary legislation governing animal
welfare, with Chapter IV specifically addressing the ethical and legal aspects of animal
experimentation.

Chapter IV of the PCA Act regulates the use of animals in scientific experiments, ensuring that
animals are not subjected to unnecessary pain or suffering. It mandates that experiments can only
be conducted by licensed institutions and must adhere to ethical treatment standards. The Act also
promotes the use of alternative methods whenever possible, aligning with the global 3Rs principle
(Replacement, Reduction, Refinement) to minimize animal suffering. Under the Act, the
Committee for the Purpose of Control and Supervision of Experiments on Animals (CPCSEA) was
established to monitor and approve animal research proposals. The CPCSEA ensures that
experiments follow strict guidelines, and researchers are required to justify why non-animal
methods cannot be used before obtaining approval. However, weak enforcement mechanisms
sometimes allow institutions to bypass these restrictions.

India has banned cosmetic animal testing, making it one of the first countries in Asia to prohibit
the use of animals for cosmetic product development and ingredient testing. The Drugs and
Cosmetics Rules, 1945 (The Drugs and Cosmetics Rules 1945, as amended in 2014 (India)),
amended in 2014, officially banned the import and sale of cosmetics tested on animals,
strengthening India’s stance on cruelty-free beauty products. Additionally, the University Grants
Commission (UGC) and the Pharmacy Council of India (PCI) have prohibited the use of animals
in education and research for undergraduate courses. Instead, they encourage institutions to use
computer simulations, models, and other humane alternatives. Despite these bans, pharmaceutical
and biomedical research still rely on animal testing, highlighting the need for stronger enforcement
and technological advancements in alternative testing methods. Although India has taken
progressive steps to reduce animal testing, loopholes in the legal framework allow continued use

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of animals in medical and industrial research. The lack of strict penalties and inadequate monitoring
remain significant obstacles. Strengthening regulatory enforcement, investing in cruelty-free
alternatives, and ensuring transparency in animal research data are essential to further India’s
commitment to animal welfare and ethical research practices.

International Approaches to Animal Testing: The 3Rs Principle

Internationally, animal testing has been a subject of ethical debate and regulatory reforms, leading
many countries to adopt progressive policies aimed at minimizing animal suffering. (Francione,
1995) One of the most widely accepted frameworks guiding ethical animal research is the 3Rs
Principle (Replacement, Reduction, and Refinement), introduced by Russell and Burch in 1959.
This principle provides a structured approach to minimizing the use of animals in experiments
while promoting humane scientific practices.

The first principle, Replacement, advocates for substituting live animals with non-animal methods
whenever possible. Advances in biotechnology and artificial intelligence have led to the
development of several effective alternatives. (Balls, 2019) In-vitro testing, which uses human cells
and tissues in laboratory settings, has proven highly effective in studying drug reactions and toxic
effects. (Singer, 1990) Another breakthrough is organs-on-chip technology, which mimics human
organ functions, allowing for more precise drug testing without harming animals. Additionally,
computer modelling and AI-driven simulations can predict chemical interactions and disease
progressions, eliminating the need for live animal subjects. (Tom L. Beauchamp, 2020) Several
nations, particularly in the European Union (EU) (European Union Regulation (EC) No 1223/2009
on Cosmetic Products ), the United Kingdom (Radford, 2021), and Canada, have mandated the use
of alternative testing methods whenever possible. However, some countries, such as China and the
United States, still require animal testing for pharmaceutical and safety research, limiting the full
implementation of this principle.

The second principle, Reduction, focuses on minimizing the number of animals used while
ensuring that experiments yield reliable and accurate data. Scientists have improved experimental
design and statistical modelling to gather maximum results from fewer animals. Global initiatives
encourage data sharing between research institutions to prevent redundant experiments, thereby

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reducing unnecessary testing. Additionally, advanced imaging techniques and monitoring
technologies now allow researchers to obtain more information from fewer test subjects. Countries
in Europe, Australia, and Japan have adopted regulations requiring scientists to justify the number
of animals used in each experiment, further supporting the reduction principle.

The third principle, Refinement, aims to enhance animal welfare by minimizing pain, distress, and
discomfort. This includes improving laboratory housing conditions, ensuring animals have proper
nutrition, social interaction, and enrichment activities. The use of anaesthesia and pain management
techniques has become a standard requirement in many research settings to prevent unnecessary
suffering. Countries like Germany, Sweden, and the Netherlands enforce strict ethical review
processes to ensure that experiments follow humane guidelines.

While the 3Rs Principle has significantly influenced international policies, complete elimination of
animal testing remains a challenge due to regulatory requirements and resistance from industries
heavily invested in traditional testing methods. Strengthening global cooperation, investing in
cruelty-free alternatives, and enforcing stricter laws will be crucial in ensuring a more ethical and
humane approach to scientific research in the future. (Ryder, 2011)

The Scientific Alternatives to Animal Testing

With growing ethical concerns and scientific advancements, researchers are increasingly turning to
alternative methods that replace, reduce, or refine the use of animals in experiments. These
alternatives not only address animal welfare issues but also offer more accurate, cost-effective, and
human-relevant results. Traditional animal testing has been criticized for its high failure rates in
predicting human responses, with studies showing that over 90% of drugs that pass animal trials
fail in human clinical tests. (Morrison, 2020) As a result, scientific communities worldwide are
investing in innovative, cruelty-free technologies that provide superior and reliable alternatives. (E
M LaFollette, 2014)

One of the most promising alternatives is in-vitro testing, which involves using human cells and
tissues in a laboratory setting to study drug effects, toxicity, and disease mechanisms. (Uster, 2015)
This method eliminates species differences between animals and humans, making results more

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accurate. Similarly, organs-on-chip technology is a revolutionary approach that uses microfluidic
chips lined with human cells to mimic the structure and function of organs such as the liver, heart,
and lungs. These chips allow scientists to observe how drugs interact with human tissues in real-
time, providing more predictive and reproducible results than animal experiments.

Another major advancement is computer modeling and artificial intelligence (AI)-based

simulations, which use vast datasets and predictive algorithms to study drug interactions,
toxicology, and disease progression. AI can analyze human biological data, making it possible to
test thousands of chemical compounds virtually before conducting real-world trials. These in-silico
models are increasingly being used in pharmaceutical and cosmetic research, reducing the need for
live animal testing. Additionally, 3D bioprinting technology allows scientists to create artificial
human tissues and organ structures, which can be used for medical research, drug testing, and even
surgical training. (R W Price, 'The Shift from Animal Testing to AI Models in Biomedical
ResearchJournal of Computational Biology, 2021)

Furthermore, human volunteer-based methods, such as microdosing and high-throughput

screening, are gaining traction. Microdosing involves administering extremely low, non-toxic
doses of drugs to human volunteers to assess their effects without causing harm. High-throughput
screening uses robotic systems to rapidly test thousands of compounds on human cells, providing
faster and more reliable data than animal testing.

Many countries, including those in the European Union, Canada, and India, have already banned
animal testing for cosmetics and are encouraging industries to adopt scientific alternatives in
biomedical research as well. However, the full transition to cruelty-free research is still slow, as
some regulatory agencies and industries remain reliant on outdated animal models. Strengthening
global regulations, increasing funding for alternative research, and raising public awareness will be
crucial in accelerating the shift toward ethical and scientifically advanced testing methods. With
ongoing technological progress, a future without animal testing is not only possible but inevitable.

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India’s Role in Promoting Cruelty-Free Products

India has emerged as a global leader in promoting cruelty-free products, taking significant strides
in banning animal testing for cosmetics and encouraging ethical research practices. With a deep-
rooted cultural and religious tradition of non-violence (Ahimsa), India has leveraged its ethical
values, legal framework, and growing consumer awareness to push for cruelty-free alternatives in
the beauty, pharmaceutical, and consumer goods industries. While challenges remain, the country
is steadily positioning itself as a hub for cruelty-free innovation and ethical consumerism.

One of India’s most notable achievements is its ban on animal testing for cosmetics. In 2014, India
became the first country in Asia to prohibit the testing of cosmetic products and ingredients on
animals, followed by a ban on the import of cosmetics tested on animals. This was a landmark
decision, aligning India with the European Union, Israel, and other regions that enforce strict
cruelty-free regulations. The amendment to the Drugs and Cosmetics Rules, 1945, legally
reinforced this ban, preventing companies from conducting or funding animal-based cosmetic
testing in the country.

Beyond cosmetics, regulatory bodies like the University Grants Commission (UGC) and the
Pharmacy Council of India (PCI) have prohibited the use of animals in education and research at
the undergraduate level. Instead, students in zoology, pharmacy, and medical fields are encouraged
to use computer simulations, virtual dissections, and artificial models for their studies. This shift
reflects India’s commitment to humane scientific practices and its efforts to integrate modern,
cruelty-free learning techniques. (K R Lee, 2022)

Despite these advances, India still faces challenges in eliminating animal testing in the
pharmaceutical and chemical industries. While the Prevention of Cruelty to Animals Act, 1960,
and the Committee for the Purpose of Control and Supervision of Experiments on Animals
(CPCSEA) set guidelines to minimize animal suffering, the lack of strict enforcement and
loopholes allow some sectors to continue using animals for drug testing. Strengthening legal
monitoring and investing in cruelty-free research alternatives will be crucial in overcoming these
barriers.

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India also has a unique opportunity to tap into the global demand for ethical and cruelty-free
products. With rising awareness among consumers, Indian brands like Biotique, Forest Essentials,
and Plum have gained popularity by producing vegan, cruelty-free cosmetics and skincare products.
(Shapiro, 2020) Government initiatives supporting plant-based, sustainable alternatives can further
boost India's standing as a leader in cruelty-free commerce. (V K Gupta, 2021)

To solidify its role as a cruelty-free advocate, India must expand its bans beyond cosmetics,
promote scientific alternatives to animal testing, and increase public awareness. With continued
efforts in policy reforms, technological advancements, and ethical consumerism, India can become
a global pioneer in cruelty-free innovation and compassionate commerce.

Solutions and Policy Recommendations

To eliminate animal testing in India, a comprehensive approach involving legal reforms, investment
in alternative research, and public awareness initiatives is necessary. While India has made notable
progress by banning cosmetic animal testing and restricting the use of animals in education,
additional steps must be taken to expand these bans to pharmaceuticals, medical research, and
industrial testing. Strengthening laws, enforcing strict regulations, and promoting non-animal
testing methods will be essential in making India a truly cruelty-free nation.

One of the most urgent measures is strengthening legal frameworks and enforcement. While the
Prevention of Cruelty to Animals Act, 1960, and the Committee for the Purpose of Control and
Supervision of Experiments on Animals (CPCSEA) regulate animal testing, loopholes and weak
enforcement mechanisms allow research institutions to bypass ethical guidelines. Stricter
monitoring is required to ensure that all laboratories, pharmaceutical companies, and educational
institutions comply with cruelty-free regulations. Additionally, stiffer penalties and stricter
licensing requirements should be implemented for those violating anti-cruelty laws. India can also
extend its ban on animal testing beyond cosmetics by phasing out animal experimentation in
pharmaceuticals and chemical research, as seen in some European countries.

Investing in scientific alternatives to animal testing is another crucial step. India should allocate
more funding for research on cruelty-free testing methods such as in-vitro models, organs-on-chip

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technology, computer simulations, and AI-driven drug analysis. These alternatives are not only
humane but also more accurate and cost-effective than traditional animal models. Establishing
government-funded research centres dedicated to non-animal testing can accelerate the shift toward
cruelty-free scientific methods. Furthermore, regulatory agencies should require industries to use
alternatives whenever available, ensuring that companies cannot justify outdated animal testing
practices.

Encouraging ethical consumerism is also vital in reducing the demand for products tested on
animals. The Indian government can launch public awareness campaigns educating consumers
about cruelty-free brands and introducing clear labelling systems to differentiate products that
adhere to ethical standards. Incentivizing businesses to adopt cruelty-free practices, such as tax
benefits or government support for ethical brands, can further promote a compassionate economy.

Finally, international collaboration and policy alignment will help India strengthen its cruelty-free
movement. Partnering with countries that have advanced non-animal testing methods, such as those
in the European Union and the United Kingdom, can provide India with the necessary expertise
and technology to eliminate animal testing completely. By implementing stronger regulations,
promoting scientific innovations, and encouraging ethical consumer choices, India can establish
itself as a global leader in cruelty-free research and compassionate commerce.

Conclusion

The fight against animal testing is not just an ethical issue but also a scientific and economic
concern. While historically used in medical and product safety research, advancements in
technology, ethics, and policy reforms have highlighted the inefficiency, cruelty, and outdated
nature of animal experiments. India has made significant progress by banning cosmetic animal
testing and restricting the use of animals in education, but further action is needed to phase out
animal testing in pharmaceuticals, industrial research, and medical sciences. A complete transition
to cruelty-free practices requires stronger regulations, investment in alternative testing methods,
and increased public awareness.

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Scientific evidence suggests that animal testing is not always reliable, as over 90% of drugs that
pass animal trials fail in human clinical tests. This raises concerns about the effectiveness of animal-
based research and highlights the urgent need to adopt modern, human-relevant alternatives such
as in-vitro testing, organs-on-chip, AI-driven drug simulations, and 3D bioprinting. Investing in
these technologies will not only reduce the suffering of millions of animals but also improve
research accuracy, lower costs, and accelerate scientific discoveries.

The legal landscape in India regarding animal testing still has loopholes and enforcement
challenges. While laws such as the Prevention of Cruelty to Animals Act, 1960, and the Committee
for the Purpose of Control and Supervision of Experiments on Animals (CPCSEA) provide a
framework for regulating animal experiments, weak enforcement allows research institutions to
bypass these restrictions. Strengthening monitoring mechanisms, imposing stricter penalties for
violations, and expanding the scope of bans are necessary steps toward eliminating animal testing
in India. Additionally, aligning Indian policies with global cruelty-free standards, such as those in
the European Union, will position India as a leader in humane scientific research.

Beyond legal and scientific measures, consumer awareness and ethical purchasing choices play a
crucial role in phasing out animal testing. By promoting cruelty-free brands, introducing clear
product labelling, and incentivizing companies to adopt non-animal testing methods, India can
accelerate the transition to an ethical market. Supporting local cruelty-free brands and encouraging
multinational corporations to follow India’s strict testing bans will create a global impact in the
movement against animal testing.

In conclusion, banning animal testing is not just a moral necessity but also a scientifically and
economically viable decision. With government intervention, technological advancements, and
collective consumer action, India can lead the way in cruelty-free research and commerce. By
prioritizing science, ethics, and innovation, the country has the potential to establish itself as a
global pioneer in humane and sustainable scientific practices, ensuring a future where research and
compassion coexist without cruelty.

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155. Indian Journal of Bioethics, 36(2), 155.

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THE MARITAL RAPE CONUNDRUM: NAVIGATING LEGAL
RAMIFICATIONS

Authored by:- Sristi Arya, B.A. LLB 2nd Year, Amity University, Kolkata

Co Authored by :- Akshat Bose, B.A. LLB 2nd Year, Amity University, Kolkata

Abstract

Marital rape in India has always been fueled by male dominated norms and cultural expectations
that view the institution of marriage as an indelible permission to sexual intercourse between the
spouses. This paper looks into the multifaceted issue of marital rape with special reference to the
Indian stance on it, the existing discourse on whether it should be illegalized and penalized as well
as explores its legal, socio-cultural and historical perspectives. The paper also seeks to survey the
various paradigms of other developed nations that has recognized marital rape to be illegal. It also
deals with the probable issues of criminalizing marital rape in India which act as a barrier towards
securing basic rights in the society and creates a dilemma between already existing statues and
mistreatment of the laws. The probable confrontation with laws such as Bharatiya Nyaya Sanhita
(which replaced the Indian Penal Code) as well as constitutional liberties leads to a challenging
scenario within the Indian legal framework. The paper will delve into the menaces of marital rape
and the need for a holistic approach towards curbing this socio-legal curse and will try to find out
the probable legal weapons that can be used as an antidote against this social issue. The paper will
ultimately uphold the recommendations which can be proved to be epoch making step towards
building a society that is free from the evils of gender discrimination.

Keywords

Marital rape, Rape law, Criminalization, Consent.

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Introduction

One of the most heinous crimes violating the human rights is Rape which impact the victim both
physically and mentally. There is a proper legislation punishing the rapists, but marital rape is not
yet penalized in India. The non-consensual sexual intercourse between the husband and wife that
involves the husband forcing the sexual intercourse on his wife. India does not have any legislation
that criminalizes the marital rape leaving the married women vulnerable while some nations do
penalize the marital rape. The reason behind the lack of any legislation is the patriarchal concept
that considers marriage as a contract that grants husband an absolute right over their wife body.
Married women tolerate continuous sexual violence without any legal support. The fundamental
rights and gender equality under the Indian Constitution is being violated by the lack of laws
recognizing marital rape. In Independent Thought v. Union of India, the sexual intercourse with a
wife under 18 years of age was penalized by the Supreme Court but the women above 18 years of
age is till unprotected. (Independent Thought v. Union of India , 2017)

The forced sexual intimacy within marriage committed by one of the spouses against the other
spouse without consent is called as Martial rape. Vaginal, anal, or oral penetration and other non-
consensual sexual acts are all included in it. Even though it is a gender-neutral offence but in India
women are predominantly affected due to the societal norms discouraging them from reporting
such sexual violence. The main reason discouraging them from reporting are the fear of
humiliation, cultural stigma and lack of legal protection. One of the types of marital rape includes
vaginal intercourse in which husband forces penetration without any consent upon his wife. Other
types include anal intercourse, urethral penetration, and oral sex in which non-consensual sexual
acts causing physical and mental trauma. Marital rape is also done through the forced penetration
of any other body parts or objects into an intimate area or forcing the victim to indulge in self-
penetration, or forcing oral contact on genital areas.

Depression, trauma and loss of self-esteem are the psychological consequences for the marital rape
victims. This abuse worsens the family relation and affects the future generations in the long run.
Ultimately children’s psychological and emotional well-being is affected by the toxic family
environment caused by the unhappy and oppressed wife. Prevention of misuse of laws and

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maintenance of social harmony is necessary to address marital rape through a balanced legal
reform. Recognition of marital rape as a crime and introduction of effective legal redressal for the
protection of victims is important to achieve actual gender equality and justice in India.

Legal position of marital rape in India

Historically in India, definition of rape does not include marital rape. This originated from the
English common law established in 1736 by Chief Justice Matthew Hale. He stated that Husband
cannot be made guilty of raping his own wife as through marriage the wife gives irrevocable
consent to husband. The above principle was supported later on by Blackstone’s "Unities Theory,”
that stated husband and wife is one legal entity and the identity of wife was absorbed into that of
her husband. (K, License to Rape: Sexual Abuse of Wives , 1985) All these views shaped India’s
legislation on marital rape by exempting husband from prosecution for raping their wife.

India’s rape legislation remained unchanged for decades during the colonial era. Further reform
was made after the public outrage over the child marriage and the marital rape involving below 18
years of age wives. Indian Criminal Law (Amendment) Act of 1891 increased the age of consent
to 12 years for marital and extramarital intercourse as a result of the case Queen Empress v. Haree
Mohan Mythee (Queen Empress v. Haree Mohan Mythee , 1890) in 1890 in which 12-year-old girl
died because of the injuries resulted from forced marital intercourse. In 1925, marital and
extramarital rape was differentiated by sentencing lesser punishment to those involving wife above
12 years. In 1927, a legislative attempt was made to increase the age for consent but it was resisted
by the conservative groups that further slowed the progress (R, 2016). Despite the presence of huge
awareness, marital and non-marital rape were treated differently by the Indian legislation.
Recommendations were done to penalize the marital rape but it was still ignored even by 1972. The
change took place in 1983 when rape of a judicially separated wife by her husband was criminalized
through addition of Section 376A. The general exception of marital rape continued by leaving most
of the women unprotected. (R, 2016)

At present martial rape is not a crime as per Indian legislation. “Sexual intercourse by a man with
his own wife, the wife not being under fifteen years old, is not rape” as stated in the exception
mentioned under Section 375 of the Indian Penal Code (IPC) ( Indian Penal Code, 1860 (India),

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1860). (R S. , 2018) Later on, in the Independent Thought v. Union of India, the sexual intercourse
with a wife under 18 years of age was made criminalized by the Supreme Court. In Bodhisattwa
Gautam v. Subhra Chakraborty (Bodhisattwa Gautam v. Subhra Chakraborty , 1996 ), it was held
that rape violates fundamental human rights and marital rape exemption was refrained from striking
down by submitting the matter to the legislature. (S, 2020) The striking down of the marital rape
exception and equal treatment of all non-consensual sexual acts was recommended in the 172nd
report of Law Commission of India. However, the misuse of such laws and potential harm to the
marriage institution have hampered legislative action. Women are allowed to seek civil remedies
for sexual violence within marriage but marital rape is not criminalized as stated in the Domestic
Violence Act of 2005. Women’s rights to bodily integrity and sexual autonomy are hampered due
to the failure to criminalization of the offence highlights the urgent need for legal reform.

Marital rape laws outside India

Thera are numerous numbers of marital rape cases all over the world. Every country deal in their
own way to combat martial rape irrespective of whether they are developed, developing or under
developed nations. Out of these many nations some do have laws to combat the marital rapes. Some
of the countries marital rape law are discussed below:

Belgium

The Kingdom of Belgium is a developed country in the Western Europe where marital rape was
not considered as an offence before 1979. Change began with a judicial pronouncement of Belgium
court in 1979. The court considered marital rape as an offence for the very first time in case no.
89/3060. Under this case husband had forceful sexual penetration with his wife that is without
consent with marriage as a defence from his part. But the court denied his defence of marriage and
held him liable of marital rape setting this case as an example. The legislature of the Belgium took
10 years to enact the proper law for marital rape and the punishments for the same even after the
landmark pronouncement by the Judiciary. After this marital rape was considered a crime similarly
as rape and in 1989 the changes were incorporated in the rape laws to include marital rape.

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Canada

Before 1983 Canada did not consider marital rape as a crime which made the life of the women
vulnerable at that time. Though Canada had all the effective rape laws but married women being
raped by their own husband was not given the justice due to the lack of effective laws on marital
rape. Finally in 1983 amendments were made in the Criminal Code of Canada (Criminal Code of
Canada, 1983 (Canada), 1983) because of the public movements going on demanding the drafting
of effective laws on marital rape. Important changes in this amendment were that the word “rape”
was being replaced by the word “sexual offences”. The scope of rape laws was expanded that now
includes even the sexual offences with the male which is ignored by most of the countries and
marital rape was included within the ambit of rape laws. The offender of marital rape is punished
with a sentence of minimum 10 years to life imprisonment.

United Kingdom

In United Kingdom marital rape was not considered as a crime before 1992 as it was regarded to
be within the ambit of marriage. Sexual intercourse was considered to be included in the package
of marriage. The change took place with a landmark judgement in the case of 1991 R v. R (R v R
[1991] UKHL 12, [1992] 1 AC 599, 1991) in which it was held that the husband can also rape their
wife. This case kept the first stone for the development of new law for marital rape in Britain. After
this marital rape was included within the ambit of sexual assault through an act known by the name
Sexual Offences Act 2003 ( Sexual Offences Act 2003 (UK), 2003). Marital rape is also included
in the domestic violence and rape laws of India. Marital rape here means any sexual act without
the consent of the spouse or the ex-spouse. In England the marital rape is not gender biased as both
male and female can be held liable for the marital rape (W, 1765). The minimum punishment for
marital rape in Britain is 4 years and this can be go up to life imprisonment based on the situation
of the incident. Inda should take some ideas from the United Kingdom’s laws for combating marital
rape. (M H. , 1736) The victim is provided with injunctive relief, protection, and restraining orders.

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United States of America

United States of America is a developed country facing the issue of marital rape irrespective of
prevailing modernity. Before 1970 condition of women in America was miserable because marital
rape was not considered to be an offence and only the rape was a punishable offence at that moment.
Reasons behind the non-criminality of marital rape has two wings. First wing describes the reason
for the non-availability of the competent law was acquired from the English Common Law where
rape does not include marital rape therefore the United States Model Penal Code (Model Penal
Code, 1962 (USA)), 1962 also does not include marital rape in rape laws. The second wing
describes that the reason for the same is the religion as Christianity was followed in which marital
rape is not a rape and it is a part of marriage. Therefore, in America marital rape was not considered
as a crime and women had to suffer a lot. After 1970 women rights came into light and protest
started for the law on marital rape. In all the 50 states of United States of America marital rape was
made a punishable offence by 1993. The minimum punishment for the marital rape is 1 year of
imprisonment and it extends up to life imprisonment. With the new law the count of marital rape
had decreased drastically.

Challenges related to the issue of Marital rape in India

Various complex challenges related to marital rape spans over legal, social and cultural dimensions.
Absence of clear and uniform legal definition of marital rape is the one of the main hurdles. (D,
Rape in Marriage (Macmillan 1990), 1990) Prosecution of marital rape offender is difficult due to
the lack of a comprehensive legal framework, most of the sexual violence within marriage are not
recognized. The complications in the marital rape cases are increased due to the ambiguity caused
by inconsistent judgements and uncertainty in cases. Deep-rooted social stigma and the
misconceptions are the important challenges attached with the marital rape. Underreporting of the
incidents of marital rape are result of the people’s wrong conception that consent is attached with
the marriage itself. Societal pressure is exerted on the victims of marital rape resulting in the silence
of the victim, retaliation or damage of reputation. Efforts to overcome the challenges such as raising
awareness of the consent in marriage and objecting the traditional norms are facing strong

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resistance. Education, advocacy and policy reforms can be used to breakdown the societal barriers.
(S D. , 2021)

Many of the victim chooses not to report the experiences because of the fear of societal backlash
and lack of adequate support leads to underreporting and lack of documentation. Designing of
effective interventions is difficult because of the culture of silence preventing the truth from
reaching the authorities. Lack of accurate data and documentation leads to inadequate policy
measures further disadvantaging survivors. (A, 2019) The difficulties in enforcing existing laws
create significant barriers to justice caused by the absence of proper laws addressing marital rape.
(P, 2017) The legal system's evidentiary requirements can demotivate the victims from initiating
legal action and proving the lack of consent in a private marital setting is often challenging. Law
enforcement officials and judiciary members holding the traditional beliefs about marriage further
hinders the access to justice.

Criminalization of marital can lead to undermining of institution of marriage and creation of

unnecessary legal complications. (R S. , 2022) Some argue that the presence of existing laws like
the Domestic Violence Act are already there to protect women making the further legislation
unnecessary. These views lead to reluctant behaviour of the lawmakers from legislating the
necessary reforms. Legal reform, awareness campaigns, support services, and a shift in cultural
attitudes are the need of the hour to address marital rape in India. Victims will be left without justice
and harmful notions about consent and marital rights without political will and social reform.

Suggestions

Significant legal and social reforms are required to effectively and efficiently address the issue of
marital rape in India. Exception under Section 375 of Indian Penal Code must be removed and
marital rape should be criminalized explicitly. The punishment for other forms of rape and marital
rape should be the same to ensure that the marriage does not provide key for sexual violence.
Consent must be an ongoing process and not the one-time contract to reject the assumption of
implied consent within the marriage. The option of divorce must be open on the ground of marital
rape and consequently safeguarding the one who choose to remain in the marriage. Along with the
legal reforms, support service should be extended to the victims. Medical assistance, legal aid,

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psychological counselling and financial support for helping the victims in recovering and
rebuilding their lives are few of the support services needed. For the navigation of the victim’s
option must be assisted through crisis centres and rehabilitation programs. Deep-rooted
misconceptions about marital rape can be challenged by public awareness and education. Gender
equality and the concept of consent should be promoted through educational programs and
encouraging victims for reporting the violence without any social stigma and retaliation can be
done through awareness campaigns.

Marital rape cases can be handled sensitively and free from any form of biases if laws enforcement
agencies, medical professionals and the judiciary are trained well for handling the same.
Enforcement of laws is likewise as important as their enactment of laws. Drafting and passing of
the legislation that criminalizes marital rape must be done by active participation of lawmakers
along with the political commitments. Study of the legal frameworks of countries that have
successfully criminalized marital rape and adaptation of the same in Indian context is the lesson
that India needs to learn. The right to bodily autonomy and dignity can be ensured through
protecting the individuals from sexual abuse within marriage by following these measures.

Conclusion

Legal, social, and institutional reform are required to address marital rape in India. The orthodox
belief that marriage is the key for unlimited sexual access must be challenged. The failure to
penalization of marital rape not only violates the fundamental rights but also normalizes the sexual
abuse against women. Respect and equality will be reinforced in the marriage instead of weakening
of marriage institution if marital rape is criminalized. For the protection of women’s dignity and
autonomy, legal recognition of marital rape as a crime is necessary. Proper enforcement, social
awareness, and survivor support are crucial to back the legal reform. Awareness campaigns and
educational programs are essential to encourage women to report the abuse without considering
any stigma, any lack of financial independence, and legal hurdles. Law enforcement agencies,
medical professionals, and the judiciary must be trained to handle such cases fairly, justly and
without any bias.

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The misconception that the forced sex within marriage is acceptable is challenged through public
awareness. Discussions on gender equality and consent should be promoted in schools, universities,
and media actively. Society must recognize that the right of the husband should not overthrow the
right of his wife. The criminalization of marital rape is a necessary step towards the gender justice
as per the international trends. Protection of women’s rights is a legal and social responsibility
stated United Nations. Men and women need to work together for the creation of a society in which
mutual respect and consent are necessary elements in a relationship. Ultimately, the collective
efforts of policymakers, social activists, legal practitioners, and the public are required to stand
against marital rape. India can move towards a society in which individuals, regardless of their
marital status, are protected from any form of sexual abuse through the introduction of legal
reforms, awareness campaigns, and institutional support.

References
Indian Penal Code, 1860 (India). (1860). India.

Sexual Offences Act 2003 (UK). (2003). United Kingdom.

A, D. (2019). 'Marital Rape and the Indian Legal System: The Long Road to Justice' . 12(3)
Indian Journal of Legal Studies 45.

Bodhisattwa Gautam v. Subhra Chakraborty , 1 SCC 490 (1996 ).

Criminal Code of Canada, 1983 (Canada). (1983). CANADA.

D, R. (1990). Rape in Marriage (Macmillan 1990).

D, R. (1990). Rape in Marriage (Macmillan 1990).

Independent Thought v. Union of India , 10 SCC 800 (2017).

K, F. D. (1985). License to Rape: Sexual Abuse of Wives. Free Press.

K, F. D. (1985). License to Rape: Sexual Abuse of Wives . Free Press .

M, B. (2019). 'Marital Rape in the Shadow of Patriarchy' . Journal of Socio-Legal Studies 77.

M, H. (1736). The History of the Pleas of the Crown . London.

Model Penal Code, 1962 (USA). (n.d.). United States of America.

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P, G. (2017). 'Marital Rape in India: A Crime Without Punishment' . 45(3) Journal of Human
Rights Law 56.

Queen Empress v. Haree Mohan Mythee , ILR 17 Cal 207 (1890).

R v R [1991] UKHL 12, [1992] 1 AC 599, UKHL 12, [1992] 1 AC 599 (1991).

R, K. (2016). 'The Judicial Response to Marital Rape: A Critical Analysis' . 10(1) Indian Review
of Legal Studies 32.

R, S. (2018). 'The Exception That Kills: Examining Marital Rape Laws in India' 14(2) South
Asian Law Review 89. South Asian Law Review 89.

R, S. (2022). 'Legal Barriers to Criminalizing Marital Rape in India'. 29(5) Indian Constitutional
Review 88.

S, D. (2021). 'Consent, Marriage and Sexual Violence: A Comparative Perspective' . 35(4)

International Journal of Feminist Legal Studies 221.

S, P. (2020). 'Patriarchy and Rape Laws in India' (2020) 25(1) Journal of Gender & Law 102.
Journal of Gender & Law 102.

W, B. (1765). Commentaries on the Laws of England . Clarendon Press.

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PRIVACY ISSUES IN THE AGE OF SOCIAL MEDIA: A

CRITICAL ANALYSIS OF THE LEGAL FRAMEWORK AND
CHALLENGES

Authored By:- Sushmitha R, B. A. Ll.B (Hons) Student, Sathyabama Institute Of Science And
Technology

Co Author 1 By:- Akshaya S, B.A Ll.B (Hons) Student, Sathyabama Institute Of Science And
Technology

Co Author 2: Jai Ganesh B. A. Ll.B (Hons) Student, Sathyabama Institute Of Science And Technology

Abstract:

Social media refers to a digital medium through which users create, share and aggregate content
such as ideas, interests and other forms of expression. Over 5.17 billion people currently use social
media worldwide which is 63.7 percentage of the world’s total population. Social media platforms
enable users to access information in real time, connect with others, and discover niche
communities and at its best, it strengthens global interconnections. However, it has also raised
significant privacy issues due to the vast amount of data users provide to these social media
platforms. Therefore, this paper examines the legal framework governing privacy in the age of
social media both in India and in global perspective. This paper analyzes key legislation and
landmark cases related to social media privacy. Furthermore, this paper addresses the difficulties
in upholding digital privacy rights and makes suggestions for a better regulatory framework.

Keywords: Social media, privacy, General Data Protection Regulation, California Consumer
Privacy act, Information Technology act, Digital personal data protection act, Challenges,
Recommendations

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Introduction:

Privacy refers to an individual right to be alone and keep one's relationships and personal affairs
private. In the digital context privacy refers to the protection of private data, communication, and
conduct within social media platforms. Social media have become a crucial part among individuals
in this modern and digital era among youngsters. The most popular platforms at present are
Instagram, Facebook, YouTube, X, LinkedIn and Pinterest, where users share their personal
experiences, opinions, professional updates and much more.

In this modern era, Social media serves a variety of purposes beyond interpersonal communication,
such as accessing current affairs, creating personal brands, promoting business, fostering
innovation, developing skills and academic knowledge etc,. However, social media have become
the dangerous platform where individual’s privacy is often breached, leading to serious
consequences, especially for vulnerable users. The rapid progression in technology has led to
identity theft, data breaches, cyberbullying, misinformation, online harassment, hate speech etc.

From a global perspective, numerous international agreements have safeguarded the right to
privacy. For instance, Article 12 of the Universal Declaration of Human Rights, 1948 states that
No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honor and reputation. Article 17 of the International
Covenant on Civil and Political Rights protects the right of privacy and protects people from
unlawful attacks on their reputation. Beyond these international agreements, many countries have
established legislation to guarantee an individual the right to privacy.

Despite these legislations, privacy concerns still remain as a major challenge in the digital age. The
rapid advancement of artificial intelligence has intensified issues related to mass surveillance, data
exploitation and commercialization of personal data, as AI – powered systems gather, examine and
process enormous volumes of personal data often without explicit user consent, posing significant
moral and legal questions around data security and privacy.

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Privacy concerns in social media

Social media privacy involves sensitive and private information that users can access through their
accounts. Users frequently unknowingly share sensitive information, which is then gathered,
analyzed, and at times exploited by social media platforms and third-party advertisers. Some of the
key privacy problems on social media are:

1. Data tracking and targeted advertising

It is often noticed by the users that things that are looked for on online stores often displayed as
ads on other social media sites. This is due to data tracking and targeted advertising, where
platforms collect data on searches, page visits and purchases by tracking cooking and pixels. These
platforms also collaborate with Google ads, Meta ads etc., to examine browsing history and display
personalized ads.

2. Data mining

Surprisingly little information is required by scammers to steal your identity. Furthermore, publicly
accessible information on social networking platforms can frequently serve as the initial source of
identity theft. Scammers can gather email addresses, usernames, phone numbers, and physical
addresses with minimal effort. With this information, they can send fake emails or collect further
information such as leaked passwords or credit card details.

3. Cyberbullying and Online Harassment

Online harassment and abuse remain major concerns on social media, even though user’s have
private accounts. Even without accessing users' social media accounts, fraudsters can harass
individuals, send threatening comments, or create emotional distress. Publicly seen abusive
comments on social media are one of the major forms of online harassment. These abusive
comments are often seen in the posts of public figures where haters abuse them verbally in social
media.

4. Malware and viruses

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By producing viruses and malware, scammers can slow down or infect users' computers, smart
phones, laptops, and other devices, as well as steal confidential information. Cybercriminals have
the ability to take over a user's social media account and infect all of the user's friends with malware.

5. Third party data sharing

Numerous social media sites collaborate with outside firms and provide them access to user data.
Although it makes it possible to integrate many services, there is serious privacy dangers involved
as well. Even when they are unaware of it, users frequently give these third parties permission to
share or sell their data.

These privacy concerns emphasize how social media violates an individual’s right of privacy.
Platforms include privacy settings, however they are not always sufficient to fully protect user data.
Therefore to address these challenges, various legal frameworks and regulation have been
established worldwide to prevent the interest of users and ensure responsible data handling.

Legal framework governing social media privacy

➢ Global framework on privacy laws

Many cultures and locations worldwide today recognize the right to privacy, which has become
one of the most significant human rights of the contemporary era. International human rights
frameworks such as the Universal Declaration of Human Rights (UDHR) and the International
Covenant on Civil and Political Rights (ICCPR) serve as the fundamental basis for modern data
protection regulations. Throughout the year, many regional regulations was established such as
General Data Protection Regulation, 2018 of the European Union, the California Consumer privacy
Act, 2018 of the United States, the Personal Information Protection Law, 2021 of China.

I. Universal Declaration of Human Rights, 1948

The Universal declaration of Human Rights, adopted by the United Nations General Assembly in
1948 is the first UN document to acknowledge privacy as a fundamental human right under Article
12 which states that “No one shall be subjected to arbitrary interference with his privacy, family,

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home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to
the protection of the law against such interference or attacks.”
By establishing privacy as a fundamental human right, this clause guarantees that people are
protected from unlawful data gathering, surveillance, and breaches of personal data.

II. International Covenant on Civil and Political Rights, 1966

The International Covenant on Civil and Political Rights, adopted by the United Nations in 1966,
recognized right to privacy under Article 17. It states that No one shall be subjected to arbitrary or
unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on
his honour and reputation and everyone have the right to the protection of the law against such
interference or attacks. This article has a wider scope namely Personal information (like, phone
conversations, letters, DNA, and medical records) should only be stored and used by the state in
ways that are lawful and secure, the right to access certain medical treatments and to resist
compelled medical procedures, protection of the house from demolition, illegal search, forced
access, and the seizure of personal belongings, protection of self-identity markers such as name
and gender identity, People are entitled to see the personal information that is kept about them and
request for modifications if needed. In order to address misconduct of data privacy and hold
governments responsible for invasive digital behaviors, Article 17 of the ICCPR is crucial.

III. General Data Protection Regulation (GDPR), 2018

A European Union regulation pertaining to information privacy in the European Union (EU) and
the European Economic Area (EEA) is the General Data Protection Regulation. It was established
in the 2016 and came into effect on May 25, 2018. It has been said that the most important and
extensive privacy and protection law in the world is the General Data Protection Regulation
(GDPR). Businesses that gather or process the personal data of EU citizens and residents, whether
online or offline, are required to abide by the GDPR, if someone violates the GDPR's privacy and
security regulations, they could face severe fines of up to tens of millions of Euros. The objective
of this regulation is to safeguard people’s basic rights and freedoms, especially their right to have
their personal information protected. It lays out precise rules for the gathering, storing, and use of

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personal information. GDPR also give people more control over their personal data by giving them
certain rights.

The GDPR has outlined the few data protection principles under Article 5 such as Data processing
needs to be fair, legal, and open to the data subject, data must be processed for the justifiable
purposes that were made clear to the data subject at the time of collection, only as much data as is
absolutely required for the stated goals should be gathered and processed, processing needs to be
carried out in a way that guarantees proper security, personal information must be updated and
accurate. GDPR provides certain privacy rights to individuals such as, right to be informed, right
to access, right to rectification, right to erasure, right to restrict processing, right of data portability,
right to object, etc., In a time of social media surveillance, targeted advertising, and AI-driven data
collecting, GDPR is essential for safeguarding digital privacy. It fortifies people's rights over their
personal data and establishes a universal standard for data protection.

IV. The California Consumer Privacy Act (CCPA)

The California Consumer Privacy Act it was passed in 2018 and came into effect on 2021, is one
of the strongest data privacy laws in United States. It grants customers greater control over the
personal data that companies gather about them, and the CCPA rules offer instructions on how to
use the law.

This gives various right to the individuals such as, the right to be informed about how a company
uses and shares the personal data it gathers about them, the ability to remove personal data that has
been gathered from them (with some limitations), the ability to refuse to have their personal
information sold or shared, including via the GPC, the freedom to exercise their CCPA rights
without facing discrimination. The Act also establishes fines for noncompliance and allows
Californians to sue for privacy violations without requiring evidence of financial loss or property
damage. In the United States, the California Consumer Privacy Act (CCPA) is a major step in
strengthening consumer privacy rights. By giving people more control over their personal
information, such as the option to view, remove, and refuse to have their information sold, the
CCPA improves accountability and transparency for companies that handle customer data.

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These are the most notable global framework which set forth fundamental values like
accountability, transparency, consent-based data collection, and the right to view, update, or
remove personal data. In order to maintain a balance between economic innovation and privacy
protection, they also regulate government monitoring, company responsibility, and cross-border
transfer of data.

❖ Landmark cases on Data privacy in Global perspective

1. Facebook – Cambridge Analytica Scandal - Data misuse and consent

The 2018 Facebook-Cambridge Analytica scandal revealed how 87 million Facebook users'
personal information was collected without their knowledge or consent using the third-party quiz
app "This Is Your Digital Life," created by Aleksandr Kogan. Facebook's permissive policies
allowed the app to access information from their friends' profiles, even though just 270,000 people
completed the quiz. Cambridge Analytica purchased this data and utilized it for targeted political
advertising during the Brexit referendum and the 2016 U.S. presidential election. Christopher
Wylie, a whistleblower, exposed the abuse, sparking anger throughout the world and legal action.
Facebook received a $5 billion fine from the Federal Trade Commission (FTC) of US, the biggest
privacy-related penalty in American history. Facebook was compelled to enact stricter privacy
guidelines and get users' express agreement before disclosing personal information. The case
brought to light the dangers of third-party data access and transparent data gathering practices. It
underlined how crucial user permission is and how social media platforms need to be subject to
stronger rules. Stricter rules for computer businesses managing personal data and a global precedent
for data protection laws were established.

2. Carpenter v. United States (2018)

The case started when Timothy Carpenter's activities over a 127-day period were tracked by the
police using his past cell-site location data without a warrant, connecting him to a string of crimes.
According to the authorities, Carpenter had no legitimate assumption that location data supplied
with outside telecom providers would be private. The Supreme Court, however, decided (5-4) that
acquiring such information without a warrant was a search and thus a violation of the Fourth

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Amendment. By establishing a precedent for restricting government monitoring and requiring
warrants to access personal location data, this ruling greatly enhanced privacy safeguards in the
digital age.

➢ Indian legal framework on digital privacy

India's rapidly rising digital economy and increasing internet usage have sparked heated
discussions about the right to privacy, data security, and monitoring. To address these difficulties,
India has created a legislative framework that includes statutes, regulations, and guidelines for
digital privacy and data protection.

I. The Constitution of India

Article 21 talks about right to life and personal liberty which states that “no person shall be deprived
of their life except according to the procedure established by law”. The right to life includes many
different dimensions, such as the right to live with dignity, the right to a decent living, and the right
to a healthy environment. Personal liberty encompasses the ability to move freely, choose one's
place of abode, and engage in any authorized occupation or profession.

Supreme Court of India, in the case Justice K.S. Puttaswamy vs Union of India, has broadened the
scope of Article 21 by ruling that the Right to Life and Liberty included the right to privacy. The
Supreme Court of India unanimously concluded that the right to privacy is a fundamental right
protected by the Constitution.

II. The Information Technology Act, 2002

The Information Technology (IT) Act of 2000 is India's fundamental law encompassing cyber
activities, electronic commerce, data security, and digital privacy. It establishes a legal framework
for cyber security, cybercrime, and the regulation of electronic transactions. The Act has numerous
provisions that address digital privacy and data protection.

• Section 43A - If a company that owns, controls, or operates a computer resource

contains sensitive personal data or information and fails to implement and maintain

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reasonable security practices and procedures, causing someone to suffer an
unjustified loss or gain, the organization may be held accountable for compensating
the affected individual.
• Section 72 - Any individual, including government officials, who illegally access,
discloses, or misuses electronic documents and personal data faces a penalty.
• Section 72A of the IT Act provides for a fine of up to Rs. 5,00,000 or imprisonment
for up to three years if information is disclosed knowingly and intentionally without
the consent of the person concerned, in violation of the conditions of a legitimate
contract.
• Section 66C addresses identity theft and penalizes the unauthorized use of digital
signatures, passwords, and biometric data.
• Section 66E criminalizes the collection, publication, or transmission of private
photos without consent, thereby protecting against digital voyeurism.
These are the few important provisions in Information technology act, 2002 which deals with
digital privacy.
III. Digital Personal Data Protection (DPDP) Act, 2023

The DPDP Act is the recent Indian legislation that governs the handling of personal data. This act
was passed in 2023 and it is yet to be enforced in India. The DPDP Act applies to Indian people
and firms that collect data about Indian residents. Surprisingly it also applies to non-citizens living
in India whose data is processed "in connection with any activity related to the offering of goods
or services" outside India. It specifies guidelines for the collecting, processing, storage, and transfer
of digital personal data while balancing individual rights, commercial interests, and government
access to data. The Act aims to preserve data without jeopardizing innovation, national security, or
government. The act provides certain rights to the individuals, they are as follows,

• Individuals have the right to access information about how their personal data is processed.
• Users have the ability to request that their personal information be corrected or deleted.
• They have the right to data portability, which means they can seek access to their data in
organized format.

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• If their rights are breached, users may register a complaint with Data Fiduciaries
(organizations that handle data).
• Individuals may appoint a candidate to exercise their rights in the event of incapacity or
death.
According to the provisions of this act, the data Fiduciaries must seek explicit consent before
processing personal data, unless in specified instances, they are required to maintain data security,
prevent breaches, and notify affected individuals in the event of a data breach, and data retention
is prohibited beyond the necessary periods for which consent was acquired.

The Act authorizes the transmission of personal data to trusted jurisdictions, abolishing previous
prohibitions on data localization and the government retains the authority to limit transfers to
specific countries in the interests of national security. This act established Data Protection Board
of India (DPBI) to monitor compliance and resolve complaints. Non-compliance to the act can
result in penalties of up to ₹250 crore for offenses, including data breaches and unlawful data
sharing.

The Act is a turning point in India's digital privacy landscape, integrating with global data
protection regulations such as the GDPR (EU). It increases individuals' control over personal data
while providing enterprises and the government with a clear legislative framework for lawful data
processing. However, despite having been passed by Parliament and receiving Presidential assent,
the Act's implementation is still pending.

IV. Consumer Protection Act, 2019

The Act considers the collection, storage, or distribution of consumer data without consent to be
an unfair commercial conduct. Before processing a consumer's personal information, businesses
must warn them about data gathering and obtain their explicit permission. According to this act, E-
commerce platforms and enterprises must be transparent about their privacy practices, including
how consumer data is stored, utilized, and shared. This enables users to make informed decisions
about sharing their data, if a corporation misuses consumer data or infringes privacy rights,
aggrieved consumers can submit complaints with Consumer Disputes Redressal Commissions at
various levels etc., Through these provision consumer protection act, 2019 protects digital privacy.

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❖ Landmark cases in India pertaining to digital privacy

1. K.S. Puttaswamy v. Union of India, 2018, Aadhaar case.

The government's Aadhaar initiative required citizens to link their Aadhaar numbers to bank
accounts, mobile phone numbers, and other important services. The petitioners claimed that this
forced linkage infringed their right to privacy because it required considerable data gathering,
biometric authentication, and the possibility of data misuse. Concerns were expressed about
government surveillance, data security, and the lack of informed consent in Aadhaar enrolment.
Supreme court held the constitutional validity of Aadhaar but also highlighted that Aadhaar could
not be made a requirement for bank accounts, mobile numbers, or private sector services.
It remained essential for PAN cards and government aid programs. The Court invalidated Section
57 of the Aadhaar Act, which permitted private businesses to use Aadhaar data, citing privacy
concerns. It directed the government to strengthen data protection security measures.

This judgment reaffirmed privacy as a fundamental right and limited the scope of data collection
and use by the government and private entities, impacting future digital privacy regulations in India.

2. X v. State of Uttarakhand (2023)

The petitioner, known as "X," sought to have their personal information erased from internet sites,
citing the Right to Be Forgotten (RTBF) under digital privacy and data protection legislation. Their
fear originated from previous criminal records that had been legally dismissed by the court but
were still available online, affecting their reputation and personal lives. Despite having moved on
from their past, the persistence of these records made it impossible to rebuild their lives. They
claimed that making this information public violated their right to privacy and denied them a fresh
start.
The Uttarakhand High Court acknowledged the Right to Be Forgotten as an important part of
information privacy, in line with the Supreme Court's decision in K.S. Puttaswamy v. Union of
India (2017). However, the court stressed a balancing approach, stating that: The right to be
forgotten must be balanced against the public interest and freedom of expression. Courts must

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decide whether material should be kept available based on legal and societal reasons. In some
situations, courts can order search engines and websites to remove personal information that causes
injury or violates privacy rights.
This case strengthened India's emerging legal recognition of the Right to Be Forgotten, influencing
discussions about digital privacy, data deletion, and individual rights to online information. It also
stressed the importance of comprehensive regulation regarding personal data security and privacy
in the digital era.

3. . Shreya Singhal v. Union of India (2015)

The case challenged Section 66A of the Information Technology Act of 2000, which criminalized
the transmission of insulting remarks via internet communication.
The clause was imprecise and overbroad, resulting in arbitrary arrests for social media posts that
violated free speech and personal liberty.
The petition was filed after two ladies were jailed for posting remarks on Facebook criticizing
Mumbai's shutdown following the death of Shiv Sena leader Bal Thackeray.
The Supreme Court ruled that Section 66A was unconstitutional because it breached Article
19(1)(a) (freedom of speech and expression).
The Court stressed that online expression deserves the same level of protection as offline speech.
The decision also protected privacy rights by prohibiting arbitrary internet censorship and
government interference in digital environments.

Difficulties in Upholding Digital Privacy Rights

Ensuring digital privacy rights in the present period is a difficult task due to rapid technological
innovation, greater government surveillance, and broad corporate data collecting. While legal
frameworks exist, enforcing them is problematic due to gaps, jurisdictional concerns, and
developing cyber dangers. Many factors contribute to the difficulties of protecting digital privacy
rights: They are as follows,

1. Lack of awareness and digital Literacy

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Many people unintentionally violate their privacy by oversharing personal information on social
media, utilizing unprotected applications, or accepting terms and conditions without fully
comprehending the implications of data collecting. A lack of understanding of encryption, secure
surfing techniques, and privacy settings makes them more vulnerable to data breaches and online
exploitation. In an age where digital interactions are ubiquitous, acquiring digital literacy is critical
for protecting personal information and ensuring privacy.

2. Cross – Border data flow and jurisdictional issues

In today's interconnected world, data generated in one country is frequently held or processed in
another, creating complex jurisdictional concerns. Because privacy rules differ between countries,
holding corporations liable for data breaches in international jurisdictions is difficult. For example,
cloud storage providers situated in countries with weaker data protection rules may expose
consumers to larger privacy concerns since enforcement methods are less strict. These cross-border
data flow challenges underline the importance of enhanced international cooperation and
harmonized privacy frameworks.

3. Government Surveillance and National Security Concerns

Governments typically defend mass surveillance programs as necessary for national security, yet
these tactics frequently jeopardize individual privacy rights. Programs such as the NSA's PRISM
spying, revealed by Edward Snowden, and India's Aadhaar-based identity systems have provoked
extensive disputes about privacy violations. While surveillance is critical for crime prevention and
national security, unrestrained governmental power can lead to abuse, excessive data collecting,
and even infringement of fundamental rights. Striking a balance between security and privacy is
still a major concern in the digital era.

4. Loopholes in Legal frameworks

Although legislation such as the GDPR (EU), CCPA (USA), and DPDP Act (India) seek to protect
privacy, they frequently fail to keep pace with rapid technological changes. Legal frameworks

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feature uncertainties that companies exploit, such as ambiguous definitions of "consent" or
loopholes that permit data collecting under wide pretexts such as national security and research.

Suggestions for a Better Regulatory Framework for Digital Privacy

Strengthening digital privacy legislation necessitates a comprehensive and adaptable strategy that
balances individual rights, economic interests, and national security considerations. To create a
more effective regulatory system, the following major measures should be considered:

1. Strengthening Consent Mechanisms

Privacy policies are sometimes complex and difficult to understand, prompting users to offer
ignorant consent. To increase openness, rules should require policies to be clear, straightforward,
and easy to understand. Consent should be explicit, precise, and revocable, with users able to
withdraw it at any time. Standardized iconography and simpler wording can help users have greater
understanding and control over their personal data.

2. Cross-Border Data Protection & Harmonization of Laws

Privacy rules differ between nations, making it difficult to regulate cross-border data transfers. A
global privacy framework, such as the General Data Protection Regulation (GDPR), can assist
create minimal data protection requirements. Bilateral and multilateral agreements should ensure
that data stored or processed in another nation receives the same level of privacy protection as in
the country of origin. Strengthening international collaboration in enforcement procedures will
improve global data security.

3. Stricter Data Breach Notification and Accountability Measures

Organizations frequently delay reporting data breaches, so individuals are unaware that their
personal information has been exposed. To solve this, obligatory reporting requirements should be
implemented within 24 to 72 hours. Significant fines and legal penalties for negligence should be
implemented to enforce compliance. Furthermore, independent data protection agencies must be
empowered to investigate infractions and impose sanctions effectively, thereby increasing
accountability in data security policies.

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4. Regulation of Big Technology and Data Monetization Practices

Large technology businesses, such as Google, Meta, and Amazon, collect and commercialize vast
amounts of user data, frequently without the user's knowledge or agreement. Companies should be
forced to declare their data monetization methods and provide customers with clear opt-out options.
Anti-monopoly legislation should avoid excessive data concentration, lowering the danger of
exploitation while preserving fair competition. Governments should also encourage privacy-
conscious business models, such as subscription-based services, that do not rely on user data to
generate money.

5. Artificial intelligence (AI) and algorithmic transparency

AI-driven choices, such as loan approvals, employment screenings, and content moderation,
frequently operate as "black boxes," with little transparency and the possibility for skewed results.
To ensure fairness and accountability, AI systems that process personal data should be audited on
a regular basis for bias detection and mitigation. Individuals should be able to challenge AI-based
choices and request human assistance if needed. Furthermore, legislation should require openness
in AI algorithms, requiring firms to reveal how personal data is processed and used in automated
decision-making systems.

6. Ethical Framework for Emerging Technologies

With rapid advances in biometrics, blockchain, and neurotechnology, current privacy regulations
frequently fail to address the ethical implications of these developments. To ensure responsible
development and deployment, ethical committees should assess developing technologies prior to
their widespread implementation. Regulations must include ethical principles for AI, facial
recognition, and biometric authentication, ensuring that they are consistent with fundamental
privacy rights. Additionally, completing mandated impact evaluations before to introducing large-
scale data gathering technology can assist limit potential hazards and protect individual privacy.

These are the few recommendations for a better regulatory framework in digital privacy.

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Conclusion
Social media has dramatically transformed how we connect, communicate, and exchange
information. But this ease comes at a cost: our privacy. Social media companies collect, retain, and
monetize massive amounts of personal data, exposing users to threats such as data breaches,
surveillance, identity theft, and algorithmic manipulation. While regulations such as the GDPR,
CCPA, and India's DPDP Act seek to address these concerns, enforcement challenges and rapid
technical improvements make privacy protection a complex subject. To truly protect user privacy,
there must be a balance between innovation and individual rights. Strengthening consent methods,
holding corporations accountable for data breaches, enhancing transparency in algorithmic
operations, and ensuring greater regulation of cross-border data transfers are all critical initiatives.
At the same time, teaching people about digital privacy and security can help them gain control
over their personal information. As social media evolves, it is critical that governments, technology
companies, and users collaborate to develop ethical, transparent, and future-ready privacy
measures. Privacy should never be sacrificed for convenience—it's a fundamental right that fosters
trust in the digital age. By taking proactive steps now, we can make the internet a safer and more
responsible place in the future.

References

1. Data Privacy Laws: What You Need to Know in 2024’

https://www.osano.com/articles/data-privacy-laws/
2. Data Privacy and Data Protection: The Right of Users and the Responsibility of Companies
in the Digital World , SSRN
https://ssrn.com/abstract=4005750
3. Media and the Right to Privacy: Incursion through Social Media’ (iPleaders)
https://blog.ipleaders.in/media-right-privacy-incursion-social-media/
4. Data Protection Laws in India’ (iPleaders) https://blog.ipleaders.in/data-protection-laws-in-
india-2/#Overview_of_the_IT_Act_2000
5. What Are the Two Main Aims of GDPR?’
https://www.6clicks.com/resources/answers/what-are-the-two-main-aims-of-gdpr

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6. California Consumer Privacy Act (CCPA)’ (Office of the Attorney General, California)
https://oag.ca.gov/privacy/ccpa#:~:text=This%20landmark%20law%20secures%20new,th
em%20(with%20some%20exceptions)%3B
7. What is GDPR?’ https://gdpr.eu/what-is-gdpr/
8. Personal Information Protection Law (PIPL) of China’ (Personal Information Protection
Law), https://personalinformationprotectionlaw.com/
9. Universal Declaration of Human Rights’ (United Nations) https://www.un.org/en/about-
us/universal-declaration-of-human-rights
10. International Covenant on Civil and Political Rights’ (OHCHR)
https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-
civil-and-political-rights
11. Right to Privacy: International Perspective’ (NYU Law Global)
https://www.nyulawglobal.org/globalex/right_to_privacy_international_perspective.html#
privacy-in-the-international-legal-instruments
12. ‘Different Aspects of Right to Privacy under Article 21’ (iPleaders)
https://blog.ipleaders.in/different-aspects-of-right-to-privacy-under-article-
21/#:~:text=The%20Apex%20Court%20held%20that,of%20M.P.%2C%20and%20Rajag
opal's%20case.
13. Big Data Privacy Issues in Public Social Media’
(https://cdn.manesht.ir/11890___Big%20data%20privacy%20issues%20in%20public%20
social%20media.pdf)
14. A Critical Analysis of Privacy and Security on Social Media
(https://www.researchgate.net/publication/281711350_A_Critical_Analysis_of_Privacy_a
nd_Security_on_Social_Media)

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REGULATION OF SOCIAL MEDIA PLATFORMS

Authored by:- Sivasakthi.A, B.A.LL.B (H) Student, Sathyabama Institute of Science and Technology
deemed to be University

Co Authore 1 :- Nithya.K, B.A.LL.B (H) Student, Sathyabama Institute of Science and Technology
deemed to be University

Co Authore 2 :-:Rakshitha vs, B.A.LL.B (H), Sathyabama institute of science and technology..

Abstract:
In today’s world, online social media platforms establish the agenda and structure for public and
private communication. They have more influence and power than any traditional media empire.
Their legal regulations are an urgent issue, but they are now primarily influenced by economic
factors. There are now a variety of legislative measures to regulate platforms around the world. The
goal is to improve understanding of limited as well as more comprehensive strategies of
intervention while evaluating their appeal for addressing the controversy surrounding the social
media business, which is ranked according to policy efficacy and other technical and normative
criteria. In recent times, social media platforms put regulations on using their platforms regarding
sharing content related to violence, spreading nudity, sexual harassment, etc., This research is of
the regulatory challenge, beginning with the emergence of the sites to understand the type of
response that might be required of policymakers. This allows for an actor-network analysis of the
terrain, highlighting the characteristics of individual sites that together trigger the need for more
holistic regulation. This examines social media's impact on individuals and institutions to
emphasize that the actor network shapes and is shaped by actor action.

Keywords:
Social media, communication, regulation, strategy, individual

Introduction:
Social media have recently become a tool for controlling and manipulating people’s thoughts.
Popular social networking apps, such as Facebook, Instagram, and Twitter, let users stay connected
by sharing information with the touch of a button. It is known for its highly dynamic platforms and
user-friendly interfaces. Social networking is becoming increasingly adaptable and accessible.
Social media has become an integral part of modern society, particularly among young people. It

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provides a platform for self-expression and communication, but it can also have negative effects
on mental health and well-being. Excessive social media use can cause emotions of worry, despair,
and low self-esteem. It’s important for young people to be aware of the potential risks associated
with social media and to use it in moderation. Parents, educators, and other influencers must
educate youth about responsible social media use and the importance of maintaining a healthy
balance between online and offline life.

Research Question: How can social media platforms be effectively regulated to balance free
speech with concerns for privacy, security, and social welfare?

Freedom of speech in a democratic world is a crucial feature of society. With the advancement in
technology, the way information is generated and disseminated has drastically changed. This
follows the powerful influence social media has gained on online presence. Social media refers to
the use of web and mobile-based technology to aid in interactive content. These ideas can be user-
developed and then promoted by the public to new platforms and audiences. Social networking
sites have had a significant impact on the world as a single message can be conveyed to millions
of people within a few minutes. This mass sharing of information presents several dangers, such as
harassment, divisive content, terrorism, and acts of racism requiring urgent and immediate
regulation.

The broadcasting of factual and truthful information is one of the pillars of a contemporary
community. This has not been easy to achieve in society due to the anonymity of internet posting.
Unverified information is widely spread over the internet, which causes more harm to people. In
addition, vital information gets in the hands of the wrong people, and the consequences are
damaging. This was witnessed during the pandemic’s tough times, where misinformation about
COVID-19 was evident during the first phase. Social media has occupied a significant role in
sharing information related to the pandemic that saw misleading reporting about the epidemic.
People always rely on their minds and words filled with positive or negative emotions that drive
inaccurate information. There is a need to counter this misinformation that is achieved through
regulating and monitoring how freely people are expressing themselves in the online space.

The lack of speech restrictions on social media has resulted in an upsurge in hate speech directed
towards diverse individuals. Though there are restrictions in place to prevent hate speech on the
internet, the phenomenon has grown in popularity in recent years. Because social media platforms
like Twitter and Facebook make it simple to attack users, those with less free will and reasoning
capacity are more prone to sending hate messages to others. Hate speech is contagious, and
everyone who registers on these platforms is vulnerable since their thoughts and beliefs may be
attacked by the public. Political leaders around the world are using online free speech to foment
hatred among various groups of people. There is no restriction on what they communicate to their
followers, which is at the foundation of many societal issues among various political classes.

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Because everyone may express themselves on the internet, there is a high risk of disseminating
unpleasant information to others. This must be regulated and the exchanges monitored because
rationality is the actual freedom of online users.

The freedom to express oneself on social media has facilitated terrorist acts and data breaches.
For many years, terrorism has been one of the world’s most worrisome challenges. Terrorist strikes
in several countries have claimed the lives of people and destroyed property. Local and
international terrorists interact via social media platforms and the freedom of free expression. They
use these platforms to recruit, train, and communicate with their followers and supporters, which
makes it easier to carry out their goals. There is a rapid growth in online bullying, trolling, and
threats from users. In the 21st century, social media platforms have been filled with trolls and people
openly bullied. Because social media allows for free speech on subjects like politicians and
celebrities, many people have been harassed and harassed on these platforms. Young people are
exposed to cyberbullying, allowing them to shame and share hurtful messages with others.
Although online cyberbullying leaves a digital footprint, there is a need to protect it before it
happens. Like the old media, where journalistic standards were keenly followed without fail, free
speech on social media requires a strict ethical standard where everyone is accountable for the
information shared. By controlling the freedom of expression in online interactions, a secure world
is initiated free from social bullying.

The government cannot engage in such talks and online threads about terrorist operations and then
act swiftly. Placing regulations for and limiting free expression on the internet helps to reduce
terrorism and secure the planet.

Finally, social media have altered the public sphere in today’s society. This has transformed the
way information is disseminated by connecting people all over the world and making it simple to
interact. Free speech on social media has provided forums for evil actors to spread hate. There is
no strong regulation over what is stated and posted on these online platforms. This freedom
promotes the spread of misinformation, the facilitation of terrorist acts, online harassment and
bullying, the theft of personal data, and the suppression of dissent, calling into doubt the ability of
online free speech. Free internet expression is associated with incorrect and hostile information,
which breeds violence in society. As a result, the global effort to unregulate free expression on
social media must come to an end.

Evolution Of Social Media Platforms In India:

India’s regulatory approach to social media has changed in response to the platforms’ growing
influence on public discourse and societal dynamics. The first regulatory system was rather simple,
guided solely by existing IT laws and norms. However, as the power of social media developed,
the necessity for a more structured and comprehensive regulatory strategy became clear.

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Existing Regulations On Social Media Platforms:

• Information Technology Act, 2000 (IT Act): The IT Act is a basis for internet legislation in India,
providing a legal framework for dealing with cybercrime, electronic trade, and data protection. The IT Act
has been updated to cover a variety of facets of internet activity, including social media. It contributes to
tackling rising social media concerns, such as the inclusion of provisions to combat online abuse and
cyberbullying.
• Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021:
Introduced in February 2021, this set of rules marks a substantial shift in the regulation of social media
platforms by categorizing them into three categories: social media intermediaries, significant social media
intermediaries, and publishers of news and current affairs information.
• Digital Personal Data Protection Bill (DPDPB): Although currently being debated and awaiting
parliamentary approval, the DPDPB attempts to offer a strong framework for data protection in India. It
aims to set clear criteria for how social media platforms gather, handle, and store personal data, with a focus
on user consent and data privacy.
• Constitution of India 1950: Article 19(1)(a) guarantees freedom of speech and expression, although
it is not absolute. Article 19(2) imposes various restrictions.
• Bharatiya Nyaya Sanhita 2023: Aggrieved persons can avail remedies under Bharatiya Nyaya
Sanhita, 2023. Electronic means have been emphasized, which was previously missing in the Indian Penal
Code.

Challenges Faced In Social Media:

• Hate speech or symbols
Statements, pictures, memes, cartoons, gestures, and symbols that could incite violence and hatred
against a person or group because of their race, origin, religion, age, gender, sexual orientation, disability,
or veteran status are all considered hate speech. It advocates violence against an individual or group that is
the focus of hate speech. Several traits distinguish negative content providers on X from other writers. For
example, when compared to regular users or writers, those who publish hostile content tweet more
frequently, use more elaborate and non-trivial terms, and have deeper ties with one another.
• Sale of illegal goods
Illegal and regulated commodities are not allowed on social media. However, unlawful sales continue
to occur. For instance, the CEO of Telegram is being held personally and legally liable for the content that
is hosted on the platform.Telegram unveiled TON Space, a self-custodial wallet established by third-party
developers that allows users to send Bitcoin, Toncoin, and USDT to other users. The majority of illicit
payments are made via cryptocurrency and outside of the app.
• Sexual abuse / Harassment
Sexual abuse/harassment occurs in a variety of forms, including sending obscene images to kids,
sextortion, cyber-grooming, abusive texting, and the distribution of modified pictures. According to a poll

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conducted by the Canadian Centre for Child Protection, 67% of abuse survivors believe that the
dissemination of their images has a different impact than the hands-on abuse they experienced, as
distribution is an ongoing phenomenon that can make such images permanent.
• Privacy infringement
Massive amounts of private data, such as images, posts, user profiles, conversations, likes, and
shares, are at risk of being compromised. The most prevalent sorts of privacy concerns on social media
include data sharing/mining/breach, third-party data sharing, settings difficulties, and loopholes.
• Intellectual property violation
When someone shares the original content without the original creator’s permission, it constitutes a
breach of intellectual property. Even though sharing content is the primary purpose of most social media
networks, not all content is freely accessible. Social media platforms have guidelines that third parties must
abide by when it comes to intellectual property.
• Bullying on Social Media
Bullying on social media is when someone uses online platforms to harass, threaten, or hurt other
people. It can manifest itself in a variety of ways, including sending threatening messages, spreading
rumour’s, and posting disparaging content online.

• Fraud on Social Media

Typically, social media fraud involves scammers who fabricate profiles to deceive others. Fraudsters
typically create false social media ads, perform love scams, or masquerade as friends or relatives in order to
obtain personal information or money. Social media fraud is one of the problems. Users are advised not to
divulge important information, use strong passwords, and keep their accounts private in order to lessen the
likelihood that they may become victims.

Case Laws:
1. SHREY SINGHAL V UNION OF INDIA:
The court made the observation that there don’t exist discernible or understandable differences. When
it comes to disseminating information, the internet and other media are identical. Section 66(A) of the
Information Technology Act must be repealed, the Supreme Court ruled in this landmark decision, because
it violates the Constitution’s Article 19(1)(a) guarantee of freedom of speech and expression and is not
covered by Article 19(2), which places reasonable restrictions on speech. According to SC, Section 66(A)
is vague, open-ended, and constitutionally ambiguous thanks to the language used in the Act. This clause
infringes upon the rights to information, dissent, and free speech. Additionally, the court determined that
the act did not pass the “clear and present danger test.”
2. TEHSEEN S POONEWALA V UNION OF INDIA:
The question of determining if the government should give further directives to prohibit violent content
on social media was raised. The public should not assume control of justice, the court ruled, adding that all
citizens should continue to obey the law. The court also ordered that information be stopped and that
irresponsible and damaging remarks be stopped from spreading on social media.
3. SWAMI S POONEWALA V FACEBOOK AND ORS:

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It was a civil case in the Delhi High Court in India that involved a dispute over defamatory content
on social media. The case was heard on October 23, 2019, and resulted in an interim injunction against
Facebook, Google, and Twitter.
4. BHUPINDER SINGH V STATE OF PUNJAB ON 6TH APRIL, 1988:
The three principles must always be kept in mind while making decisions in this Court’s cases, but
how sufficient was the direct or circumstantial evidence? Establishing poisoned murder will rely on the
particulars of each instance. In cases where the prosecution has failed to provide sufficient proof, either
directly or through circumstantial evidence, the accused must be given the benefit of the doubt if the
evidence does not support the conclusion that poisoning caused death. However, the conviction can be based
on circumstantial evidence if, in the absence of direct proof of the three elements, it is so clear that the court
can firmly hold that the death was caused by the administration of poison (even though it was not detected)
and that the accused person must have administered the poison. After taking into account all of these facts
and circumstances, the lower courts found no basis to overturn their decision to convict the accused of
murder. The appeal is therefore rejected since it is unsuccessful.

Future Trends In Social Media Regulation :

• Stricter Compliance Measures
Stricter enforcement and oversight of adherence to regulatory rules were anticipated in
order to guarantee that platforms follow established standards.
• Collaboration and Transparency
Platforms and government agencies are expected to work together more, and there will
be open procedures for managing data and regulating content.
• Technology and AI Solutions
Adopting cutting-edge technologies, like as artificial intelligence, to improve content
filtering and combat false information while protecting user privacy.

• Global Standards and Local Adaptation

The drive to match international best practices with Indian legal and cultural norms in
order to improve regulation without sacrificing basic rights

• Emerging Role of Influencers and Advertisements

Addressing the need for specific guidelines governing influencer marketing and
advertising practices on social media platforms.

• Community Engagement and Civic Responsibility

encouraging social media users to take an active role in flagging and reporting offensive
content in order to foster a sense of digital citizenship.

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• Ethical Use of Data for Targeted Advertising
achieving a balance between user privacy rights and tailored advertising by making sure
data usage techniques are moral.

• Education and Awareness Campaigns

initiatives aimed at educating users about responsible usage, internet safety, and the
consequences of spreading hate speech or false information.

Future Recommendations:
In India, social networking is acceptable for conducting business. Their business is doing well. They
empower regular Indians and have a sizable user base. However, consumers must also have access to a
suitable forum for promptly resolving their complaints regarding social media abuse and misuse. The
identification of the information's original creator will be made possible by important social media
intermediaries that offer services mainly similar to texting. This is only necessary for the prevention,
detection, investigation, prosecution, or punishment of offenses pertaining to India's sovereignty and
integrity, state security, friendly relations with other nations, public order, or incitement to such offenses, as
well as those involving rape, sexually explicit material, or child sexual abuse material that carries a minimum
five-year prison sentence.

Tracking ‘First Originator’ – The rules also make it mandatory for a ‘significant social media intermediary’
that provides services primarily messaging such as WhatsApp, to enable the identification of the “first
originator” of the information. This is a move aimed at tracking down people who use WhatsApp or Signal
to spread fake news or carry out illegal activities but is also one that cyber experts fear may require
companies to break their end-to-end encryption protocols and pave the way for a surveillance state.

• 3 Officers – A category of company that has a certain number of users- will be required to
appoint three employees, all of whom must be residents of India, who will deal with the grievance
redressal system. The first is the need to appoint a ‘Chief Compliance Officer’ who shall be
responsible for ensuring compliance with the Act and Rules. The second is the requirement to
appoint a nodal person of contact for 24*7 coordination with law enforcement agencies and
officers. The final person in charge of all the tasks outlined in the grievance redressal system is a
resident grievance officer.
• Investing in technical solutions can assist address some of the issues related to social media
regulation, such as better data protection systems and artificial intelligence for content moderation.
• More efficient regulation and enforcement may be made possible by international collaboration
and standardization.

• Platforms may improve user experience and trust by increasing transparency in their handling of
user data and content control procedures.

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Potential Effects On Freedom Of Expression And Innovation:
We have the right to express ourselves online, but this freedom isn’t absolute. While the internet
and social media make sharing opinions easy and fast, the line between free speech and illegal
activity can be blurry. Just like offline, online speech is subject to limitations. Your right to free
speech shouldn’t infringe on others’ privacy, reputation, or safety. The speed, reach, and
anonymity of the internet can amplify the harm of online speech, making our online words just as
impactful as our words in real life.

Exceeding the bounds of acceptable online expression can have legal consequences. Spreading
rumors or publicly ridiculing someone can lead to defamation charges, potentially requiring
compensation to the victim and removal of the offending content. Sharing private information
without consent can also be a legal violation. More serious offenses like advocating genocide,
inciting violence, severe harassment, intimidation, or sharing private photos without consent can
result in imprisonment, with harsher penalties for hate-motivated crimes. Essentially, online
actions have real-world legal ramifications.

There is value in pausing to consider your words and actions before acting on them. No matter
where you are —Online, in print, on the air, or in the classroom — your right to free speech is
curtailed. While The right to speak freely and express one’s opinion about others is highly valued
in our society, there are circumstances in which this right must be restrained. Ultimately, respect
for the rights of others is what puts a cap on free speech:

The Right to Privacy

The freedom to manage one's own image

Right of people to their reputation

The Right to Security

When a person is bullied online, it is called cyberbullying. This can happen through various online
mediums like social networks, emails, forums, blogs, or text messages. It can have a life-changing
effect on those who are targeted. This is why laws exist against certain actions. That is to say, while
freedom of speech is essential, it may be at odds with the rights of others. Disregarding the rights
of others may result in legal action being taken against you.

Global Social Media Platforms With Comparisons To Rigional And National

Regulations :
Digital Services Act in the EU

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The European Union’s Digital Services Act is aimed at creating a safer digital space for users within the
EU. It introduces a dual-tier system, categorizing platforms as either very large online platforms or online
intermediaries.

Non-compliance with the Digital Services Act can result in fines of up to 6% of a company’s annual global
turnover. This highlights the EU’s commitment to ensuring robust enforcement of online safety regulations.

Key Provisions of the Digital Services Act

• Dual-Tier System
platforms are grouped according to their size, with the largest online platforms subject to stricter regulations.
This includes steps to protect users and stop the spread of unlawful content.
• Content Moderation Standards
The act establishes guidelines for content moderation, mandating that platforms take steps to stop the spread
of particular kinds of content, such as hate speech, terrorist propaganda, and material about child sexual
abuse.
• Transparency and Accountability
Platforms are required to submit transparency reports outlining the steps they have taken to moderate
material. The efficacy of content moderation measures can be evaluated by authorities.
• Based on EU and national laws
The country's own content moderation regulations and the general EU law will be the basis for determining
what constitutes illegal content.

Online Safety Bill in the UK

In the UK, the Online Safety Bill is an all-encompassing attempt to address online danger and safeguard
consumers. It mandates that social media businesses be accountable for the material on their networks,
especially harmful content.
The measure calls for the creation of a regulating body that has the authority to penalize platforms severely
for violating established guidelines.
Businesses who violate the rules risk fines of up to 10% of their worldwide sales, which serves as a strong
financial incentive.

The Online Safety Bill's main features include: Duty of Care

The measure creates a legal obligation for social media corporations to safeguard consumers from damaging
content. In order to guarantee user safety, platforms must take proactive steps.

Regulatory Supervision
The law suggests establishing a separate regulatory agency with the power to compel adherence. Codes of
practice defining standards for online safety will be established by this organization.

Defined as harmful content

The bill's definition of harmful content is broad, covering both unlawful and potentially lawful but damaging

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content, including hate speech, misinformation, and cyberbullying.

US Laws Concerning Social Media

The social media regulation environment in the US is more complex, with numerous state-level programs
and continuing federal discussions.
For example, the proposed SAFE TECH Act aims to amend the Communications Decency Act's Section
230, holding platforms more responsible for offensive material.
Furthermore, certain jurisdictions, including California, have passed the Silenced No More Act, which
permits users to use platforms to make judgments about content management. The trend toward greater
scrutiny of social media platforms is clear, even though federal legislation is still waiting.

Key Provisions of US Social Media Legislation

The SAFE TECH Act

By amending Section 230, this proposed law will hold platforms more responsible for their choices on
content management. It guarantees that platforms moderate content in good faith and eliminates immunity
in situations involving unlawful content.
• California's Silenced No More Act

promotes accountability and transparency by enabling consumers to sue platforms for content moderation
decisions. Regional Nuances
More than 250 bills to control content across digital services platforms have been introduced by 38 states
since 2021. Numerous of these violate federal law, are unlawful, and would seriously impair the platform's
capacity to filter harmful content.
.

Australian Social Media Legislation

Through the Online Safety Act 2021, Australia has taken action to address concerns about online safety.
This law charges fines for non-compliance and gives the eSafety Commissioner the power to issue removal
warnings for hazardous internet content.
Businesses risk financial fines if they don't remove specific information within the allotted period. In order
to safeguard Australian users, the law highlights the necessity of prompt and efficient content control.
Important Aspects of Australian Social Media Law

• The Online Safety Act of 2021 gives the eSafety Commissioner the authority to issue removal notices for
content that poses a risk. Fines may be imposed for noncompliance with removal notifications.
• What Constitutes Harmful Content

The Future of Social Media Legislation

Legislation targeting social media platforms has increased globally, indicating a rising recognition of their
social impact. The different approaches taken by the governments of the US, Australia, the UK, and the EU

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each represent the unique problems that each area faces.
A recurring theme is the enforcement of fines and jail time for non-compliance, indicating a shared resolve
to make sure social media businesses put their users' safety and wellbeing first.
The Consequences for Social Media Businesses

The impact on businesses, both in terms of monetary fines and possible legal repercussions, is a strong
motivator for the sector to proactively handle the issues presented by damaging internet content as these
legislative frameworks continue to change.
Together, these laws highlight how crucial user safety is and give social media companies a great deal of
duty to put in place efficient content control systems.
A worldwide commitment to establishing a safer online environment is demonstrated by the combination of
duty of care, regulatory supervision, transparency reporting, and financial sanctions.

Examples Of Social Media Platforms :

1. Facebook’s Cambridge Analytical Scandal
Cambridge Analytica was a political consulting firm at the center of a scandal involving the use of
personal data from Facebook intended to influence the 2016 US presidential election. The company used a
third-party app to collect the data of millions of Facebook users without their knowledge or consent. The
data was then used to create targeted political advertisements on Facebook.
The scandal came to light via media reports. Meta (then Facebook) subsequently implemented new
policies to protect user privacy and paid a $5 billion fee as a result of a Federal Trade Commission (FTC)
investigation into Facebook’s handling of user data. Cambridge Analytica’s CEO, Alexander Nix, was
suspended from serving as a company director, and the company ceased operations in 2018.
2. Twitter’s struggles with online harassment and hate speech
Twitter has faced significant challenges regarding online harassment and hate speech. The platform
has been criticized for its moderation policies, which some users argue are insufficient to protect individuals
from abuse. The anonymity that Twitter provides can embolden users to engage in harmful behaviors
without fear of repercussions. Despite implementing various measures, including reporting tools and content
moderation, the scale and speed of harmful content can overwhelm these efforts. Balancing freedom of
expression with the need to create a safe environment remains a complex issue for the platform.
3. YouTube’s controversies around algorithmic decision-making and content moderation
YouTube has encountered controversies related to its algorithmic decision-making and content
moderation practices. The platform’s algorithms prioritize engagement, which can inadvertently promote
sensational or harmful content. This has raised concerns about the spread of misinformation, hate speech,
and extreme content.

Content moderation is another challenge, as YouTube relies on a mix of automated systems and
human reviewers. Critics argue that this approach can lead to inconsistent enforcement of community
guidelines, resulting in the removal of legitimate content or failure to address harmful videos. The ongoing
debate revolves around finding a balance between protecting users and allowing diverse voices while
ensuring accountability for content shared on the platform.
4. WhatsApp’s end-to-end encryption debate

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The debate surrounding WhatsApp’s end-to-end encryption centers on privacy and security versus law
enforcement access. End-to-end encryption ensures that only the sender and recipient can read messages,
protecting user privacy from third parties, including the platform itself. However, this has raised concerns
for governments and law enforcement agencies, as it complicates efforts to monitor and investigate criminal
activities, such as terrorism and child exploitation.
Proponents of encryption argue that it is essential for protecting personal privacy and freedom of
expression, especially in repressive regimes. Conversely, critics contend that such strong encryption can
hinder public safety efforts. The ongoing discussion highlights the tension between individual privacy rights
and collective security concerns in the digital age.

Conclusion:
The analysis confirms that a higher level of familiarity with regulations is significantly associated with a
positive perception of their effectiveness. This finding underscores the importance of increasing public and
stakeholder awareness about existing regulations. Enhanced familiarity can lead to a better understanding
of regulatory measures and improve compliance, thereby making the regulations more effective. According
to the study, the perceived difficulty of policing social media and internet content has a detrimental influence
on how effective people believe these laws are. This suggests that addressing and mitigating these
challenges—whether they be technological, legal, or administrative—can help improve the perceived and
actual effectiveness of the regulatory framework. Ensuring that regulations are both effective and respectful
of fundamental freedoms can enhance their acceptance and impact. Overall, the findings emphasize the need
for a multi-faceted approach to improving online content and social media regulation. Policymakers and
regulators should consider these factors to develop more robust and efficient regulations that can better
address the complex issues associated with online content and social media platforms.

References
1. https://www.zevohealth.com/blog/navigating-the-global-regulatory-landscape-a-comprehensive-
analysis-of-social-media-legislation/
2. https://legalonus.com/laws-regulating-social-media-in-an-indian-context/
3. https://legallyin.com/regulation-of-social-media-platforms-in-india-legal-challenges-and-future-
trends/
4. https://www.freelaw.in/legalarticles/Regulation-of-Social-Media-Platforms-in-India-
#:~:text=Social%20Media%20Laws%20in%20India,electronic%20commerce%2C%20and%20
data%20protection
5. https://carnegieendowment.org/research/2021/04/how-social-media-platforms-community-
standards-address-influence-operations?lang=en#platform-policies/?lang=en
6. https://innovating.news/article/enhancing-algorithmic-transparency/
7. https://www.researchgate.net/publication/360040329_Social_Media_Competition_Law

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THE AGE OF AI AND THE METAVERSE: ADDRESSING IPR
CHALLENGES IN A DIGITAL ERA
Authored By:- Raj Patel, BBA LLB (Hons.), Institutional Affiliation: School Of Law, ITM
University, Naya Raipur (C.G.)

Abstract:

This paper efficiently and actively deals with the concepts of AI and the Metaverse, in the digital
era with addressing the IPR challenges in this. As AI grows and develops, it is capable of doing
works that once required human creativity, including art, literature, music, and even inventions that
could transform entire sectors of industries. Meanwhile, the Metaverse is transforming the way we
live, work, and socialize by offering immersive digital spaces as virtual alternatives to physical
reality, thus introducing new forms of digital interaction “The Virtual World”.

While these advancements are undoubtedly exciting, they also bring unique challenges to IPR. The
very foundation of IP recognizes and protects the creator's and owners' rights. AI's role in creation
raises fundamental questions about authorship and ownership: Who owns the rights to a song
generated by an algorithm? Who is the author of a novel written by an AI, even if prompted by a
human? These are not just theoretical concerns; they represent real-world issues that need to be
addressed as AI-generated works become increasingly common and it is evident in our regular life.
The Metaverse adds another layer of complexity in regulating IPR. It is a virtual universe where
individuals and businesses create, exchange, and trade digital assets, ranging from virtual real estate
to avatars and digital goods, all intangible. However, because the Metaverse is decentralized and
operates across global platforms, traditional IP protection mechanisms, which often rely on
territorial laws and physical boundaries, are ill-suited to address the unique issues presented by
these virtual worlds. Intellectual property infringement can occur across multiple jurisdictions
simultaneously, making enforcement challenging, and with any structure loop loopholes can be
identified. Furthermore, as users create and exchange digital assets, a significant question arises:

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How do we protect trademarks and copyrights in a space where ownership is fluid and the creator's
rights may not be as clear-cut as they are in the real world?

The objective of this paper is to propose a more progressive approach to IPR law that recognizes
the rapidly changing digital landscape. As technologies like AI and the Metaverse continue to
evolve, intellectual property laws must adapt accordingly. Laws designed for a pre-digital world
cannot be applied wholesale without modification in the age of digital creation and the virtual
world. This paper will suggest potential legal reforms and innovations to ensure that intellectual
property rights continue to protect creators and owners while promoting technology and innovation.
Ultimately, the goal is to highlight the urgent need for a modernized approach to intellectual
property that considers the rise of AI and the Metaverse. By doing so, we can ensure that creators
and innovators receive the protection and recognition they deserve in an increasingly digital world.
Achieving this will require collaboration among lawmakers, technology companies, and global
stakeholders to establish a regulatory framework that is both flexible and forward-thinking one that
addresses the challenges of today while anticipating the needs of tomorrow. A system that accepts
changes.

Keywords: AI (Artificial Intelligence), IPR (Intellectual Property Rights), Metaverse, Legal

Framework, Digital Era

Introduction

“Time proceeds, laws amend”- this is the fundamental element we are required of and have to take
into consideration while framing the laws, as with the proceeding of time, the system is affected by
it and has to mold itself according to the requirements to be there in existence for long. Living in
this digital era, the 21st century is witnessing the emergence and existence of groundbreaking
technological developments redefining our existence on this planet, reshaping our livelihood, and
how we live, work, and grow. This is the new era with the domination of AI (Artificial Intelligence)
and Metaverse. AI (Artificial Intelligence) is the ability of a digital computer or computer-
controlled robot to perform tasks commonly associated with intelligent beings. 145 AI is like

145
Artificial Intelligence, ENCYCLOPÆDIA BRITANNICA, https://www.britannica.com/technology/artificial-
intelligence

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Pandora’s box and has many unknown potential applications and utility. It has both its pros and
cons. AI doesn’t understand what it’s doing in the way a person does but functionally what it is
doing is the same thing that an author or an inventor may be doing. 146 The Metaverse is a spatial
computing platform that provides digital experiences as an alternative to or a replica of the real
world, along with its key civilizational aspects like social interactions, currency, trade, economy,
and property ownership – founded on a bedrock of blockchain technology.147 The notion of
Intellectual Property Rights (IPR) has a murky image in the metaverse and physical world. The
metaverse acted as a virtual boundary in this design for the future. 148 Together, these innovations
have the potential to revolutionize industries and they have started to do so as of now but they also
bring unpredictable challenges to the way we understand, acknowledge, and protect intellectual
property and safeguard the IPR (Intellectual Property Rights). As we all know, with significant
innovation comes considerable complexity. These advancements in the recent era challenge our
traditional frameworks of Intellectual Property Rights (IPR) and raise crucial questions like
ownership, authenticity, originality, and regulation. Who holds the copyright to a novel or any kind
of literary piece generated by AI? How can we protect trademarks in virtual marketplaces that
extend around the globe in the virtual world? And what safeguards are in place we have to ensure
fairness in a world where digital creations cross international borders?

This Paper efficiently and actively explores and delves into the profound implications of AI
(Artificial Intelligence) and the Metaverse on IPR (Intellectual Property Rights). It explores the
positive as well as negative aspects, upcoming opportunities, and certain obstacles these
technologies present, highlights relevant legal precedents in Indian courts as well as foreign courts,
and proposes strategies to address this complex intersection of advancing technology and
intellectual property in this digital era of AI and Metaverse, addressing the IPR challenges in it.

146
Hemendra Vaishnav, Intellectual Property Rights in the Age of Artificial Intelligence: Navigating Challenges and
Seizing Opportunities, IIPRD, https://www.iiprd.com/intellectual-property-rights-in-the-age-of-artificial-intelligence-
navigating-challenges-and-seizing-opportunities/
147
Chiradeep BasuMallick, What Is the Metaverse?, Spiceworks (Oct. 2022),
https://www.spiceworks.com/tech/artificial-intelligence/articles/what-is-metaverse/
148
IIPRD, Intellectual Property Rights in the Metaverse: Navigating the Virtual Frontier, IIPRD Blog (June 10, 2024),
https://www.iiprd.com/intellectual-property-rights-in-the-metaverse-navigating-the-virtual-frontier/

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"Intellectual property is an important legal and cultural issue. Society as a whole has complex
issues to face here: private ownership vs. open source, and so on."

- Tim Berners-Lee149

The Digital And Evolution Of IPR

The origin of IPR laws can be traced back centuries as it evolved with the rise in trade,
communication, innovation, and legal systems.150 From early copyright protections in the 18th
century to the establishment of modern patent laws, intellectual property frameworks have
continuously adapted to new technological advancements. As digital technologies continue to
evolve, intellectual property laws must adapt to ensure a balance between protecting creators and
fostering innovation. Emerging technologies such as blockchain, NFTs, and AI-driven automation
present new opportunities for protecting and enforcing IPR. However, legal frameworks must be
updated at the same speed to which technology is evolving day by day in order to address the
challenges posed by decentralized platforms, borderless digital trade, virtual world, and AI driven
creativity.

The evolution of IPR laws reflects society's changing technological landscape. While the digital
age has expanded opportunities for creativity and innovation, it has also challenged traditional
enforcement mechanisms. Courts, policymakers, and industry leaders must work together to
establish clear, globally applicable regulations that safeguard intellectual property while fostering
technological advancement.

AI (Artificial Intelligence) And IPR (Intellectual Property Rights): Cause And Effect
Relationship

Artificial Intelligence has transformed how we create, innovate, and protect intellectual property.
AI systems can generate artwork, music, literature, and even innovative inventions, blurring the

149
"Intellectual Property Quotes," BRAINYQUOTE, https://www.brainyquote.com/topics/intellectual-property-
quotes
150
Shubhangi Singh, "Evolution of IPR in the Digital Age," Law Article, January 9, 2025,
https://lawarticle.in/analysis/evolution-of-ipr-in-the-digital-age/.

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lines of authorship and ownership. AI is progressively driving significant advancements in
innovation and business. It is being utilized across a wide range of ventures, with sway in pretty
much every part of creation.151 Over the past several years, AI has rapidly advanced. This
advancement has transformed various industries and fields, including the creative economy. AI is
broadly defined as “an algorithm or machine capable of completing tasks that would otherwise
require cognition.”152 At the moment, works created solely by Artificial Intelligence even if
produced from a text prompt written by a human are not protected by copyright.153 So the question
is still there and not answered: “Who holds the copyright to a novel or any kind of literary piece
generated by AI?”

Feist Publications, Inc. v. Rural Telephone Service Co., Inc., 1991154 Judgment states that to qualify
for copyright protection, a work must be original to the author, which means that the work was
independently created by the author, and possesses at least some minimal degree of creativity. A
work may be original even though it closely resembles other works so long as the similarity is
fortuitous, not the result of copying.155 Establishing that originality is a key component, a basic
requirement for copyright protection. Courts have struggled to apply this criterion to AI-generated
works due to the absence of human creativity.

Over the past two years, dozens of other copyright lawsuits against AI companies have been
filed rapidly. The plaintiffs include individual authors like Sarah Silverman and Ta Nehisi-Coates,
visual artists, media companies like The New York Times, and music industry giants like Universal
Music Group.156

151
Legal Service India, Artificial Intelligence and IPR, https://www.legalserviceindia.com/legal/article-2867-artificial-
intelligence-and-ipr.html
152
Crouch, Dennis D., Using Intellectual Property to Regulate Artificial Intelligence (November 08, 2024). University
of Missouri School of Law Legal Studies Research Paper No. 2024-37, 89:3 Missouri Law Review 1 (2024),
http://dx.doi.org/10.2139/ssrn.5014647
153
Ellen Grover, Built-In, AI Copyright, https://builtin.com/artificial-intelligence/ai-copyright
154
Feist Publ'ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340 (1991)
155
Case briefs, Feist v. Rural Telephone Service Co., https://www.casebriefs.com/blog/law/property/property-law-
keyed-to-singer/intellectual-property/feist-v-rural-telephone-service-co/
156
Wired, AI Copyright Case Tracker, https://www.wired.com/story/ai-copyright-case-tracker/

146
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Thomson Reuters Enterprise Centre GmbH et al. v. ROSS Intelligence Inc.157 was filed on May 6,
2020, in the U.S. District Court for the District of Delaware.158 Thomson Reuters sued ROSS
Intelligence in May 2020, alleging the AI/legal research company unlawfully copied content from
Thomson Reuters’s legal research platform Westlaw to train its AI-based platform. Both parties
filed motions for summary judgment: ROSS argued that it made fair use of the Westlaw material,
and Thomson Reuters argued that ROSS unauthorizedly used Westlaw Content material to build a
direct competitor to Westlaw.159

In the very recent development in 2023, The United States Copyright Office is undertaking a study
of the copyright law and policy issues raised by artificial intelligence (“AI”) systems. To inform
the Office's study and help assess whether legislative or regulatory steps in this area are warranted,
the Office seeks comment on these issues, including those involved in the use of copyrighted works
to train AI models, the appropriate levels of transparency and disclosure concerning the use of
copyrighted works, and the legal status of AI-generated outputs.160

Metaverse And IPR (Intellectual Property Rights): Cause And Effect Relationship

The Metaverse, a borderless, virtual world encompassing work, play, entertainment, and more, is
considered the next evolution of the Internet changing the world, as we know it.161 For the present
purposes, it is also important to highlight that the concept of metaverse does not refer to a single
entity. Instead, different metaverses have been developed already162 which fall into two main
categories: centralized and decentralized. The distinction is drawn based on whether the metaverse
at issue is owned and ruled by a single entity, e.g., a company, or whether it is instead characterized

157
Thomson Reuters v. ROSS Intelligence Inc. No. 20-cv-613-LPS, 2020 WL
158
Complaint, Thomson Reuters Enter. Ctr. GmbH v. ROSS Intelligence Inc., No. 1:20-cv-00613 (D. Del. May 6,
2020), https://cases.justia.com/federal/district-
courts/delaware/dedce/1%3A2020cv00613/72109/1/0.pdf?ts=1588798516
159
Thomson Reuters v. ROSS, Baker Hostetler, https://www.bakerlaw.com/thomson-reuters-v-ross/.
160
Federal Register, Artificial Intelligence and Copyright, 88 FR 59850 (August 30, 2023),
https://www.federalregister.gov/documents/2023/08/30/2023-18624/artificial-intelligence-and-copyright.
161
Ropes & Gray, Can AI Inventions Be Patented? The USPTO Speaks, (Feb. 2024),
https://www.ropesgray.com/en/insights/alerts/2024/02/can-ai-inventions-be-patented-the-uspto-speaks.
162
A. Cela, Is the Structure of the Metaverse Centralized or Decentralized?, TECHSTAR (Dec. 7, 2022),
https://www.techstar.it/en/blog/is-the-structure-of-metaverse-centralized-or-decentralized/.

147
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by a dispersed network and decentralized ownership structure163, e.g., a decentralized autonomous
organization (DAO).164 On centralized metaverses like Roblox or Fortnite, user-generated content
(UGC) is owned and licensed by users to the platform operator following the platform’s terms of
use, while in decentralized metaverses like Decentraland, no license is granted to the platform
operators concerning UGC (though such content must comply with the relevant platform’s content
policy).165

Brand owners can stay in control of their trademarks or copyrights by engaging in more advanced
investigation methods, adapted to identifying risks of infringement in the metaverse. In addition to
regularly monitoring and searching for potential infringement, virtual investigators (involving
people, automated systems, and artificial intelligence) will possibly need to be deployed to help IP
owners keep track of how their intellectual assets are used in the metaverse.166

Infringement of Intellectual property in the virtual world is equally serious as infringement taking
place in the physical world. As of now, the jurisprudence concerning laws in the metaverse is still
developing. However, it can be surely said that the ever-evolving world of the Metaverse needs
rules and regulations in place to ensure that the novelty, creativity, and uniqueness of every
stakeholder are protected. It will certainly be fascinating to see the boundaries of IP law being
tested in this regard.167 In the case of Nike, Inc. v. StockX LLC168, The Nike v. StockX case
illustrates the intersection of traditional trademark law with digital innovation. It clarified that NFTs
are not exempt from trademark protections and that digital tokens tied to physical goods can indeed
infringe on a brand’s intellectual property.169 The court’s ruling also made it clear that the first sale

163
I. Ogundare, Centralized vs. Decentralized Metaverse: Complete Guide, COINSPEAKER (Feb. 16, 2023),
https://www.coinspeaker.com/guides/centralized-vs-decentralized-metaverse-complete-guide/.
164
C. Ebun-Amu, What Is a DAO? Decentralized Autonomous Organizations Explained, MAKE USE OF (June 4,
2021), https://www.makeuseof.com/what-is-a-dao/.
165
Eleonora Rosati, The Localization of IP Infringements in the Online Environment: From Web 2.0 to Web 3.0 and
the Metaverse, World Intellectual Property Organization (WIPO) - Building Respect for IP Division, Faculty of Law,
Stockholm University Research Paper No. 127 (2023), https://ssrn.com/abstract=4559829.
166
Tilleke & Gibbins, Immersing Intellectual Property Rights in the Metaverse, Lexology,
https://www.lexology.com/library/detail.aspx?g=f88ba949-242d-4295-98c6-2d73415d2709.
167
Prayank Khandelwal, Intellectual Property in the Metaverse, LinkedIn,
https://www.linkedin.com/pulse/intellectual-property-metaverse-prayank-khandelwal
168
Nike, Inc. v. StockX LLC, No. 1:22-cv-00983 (S.D.N.Y. 2023).
169
Nike, Inc. v. StockX LLC, No. 1:22-cv-00983, 2023 WL 3461369 (S.D.N.Y. May 15, 2023),
https://casetext.com/case/nike-inc-v-stockx-llc-10

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doctrine a cornerstone of traditional reselling rights does not apply in the same way in the world of
NFTs. This case will likely serve as a cornerstone in future IP disputes in the Metaverse, guiding
how intellectual property laws are applied to digital and virtual spaces.

A Way Forward

The road ahead requires a collaborative and innovative approach to address the challenges posed
by AI and the Metaverse in this digital era. So before going to the approach to address these
challenges, a question arises “Do we really need to address these challenges? and why is it so
necessary to do it? To understand this let’s go through an illustration Suppose there is a soldier
named “RV”. He is a soldier posted on the border of two enemy nations e.g. Nobis and Motes, he
belongs to Nobis. As these two countries have good political and diplomatic relations, there are
frequent wars between them. In one such case, a situation of war arose where Motes attacked the
border of the Nobis and in order to counter this attack by the Nobis army the border armed forces
where RV is also posted, the soldiers must have a good understanding of the conditions of border
area including the territory which is in Motes. So the main idea behind quoting this illustration is
that IPR is a completely new verse for us and it can be challenging to address challenges posed by
AI and Metaverse in this era. For this, we need a good understanding of its functioning. Here’s how
we can navigate this evolving landscape:

A. Legal Framework with Efficient and Necessary Rules and Regulations

As discussed in the introduction, “Time proceeds, laws amend” is the fundamental element we are
required to consider while framing the laws. Laws need to evolve and a separate legal framework
to address this should be enacted alongside technology and this is necessary for the law to be
sustainable with growing changes. Clear rules and regulations on AI-generated content are
essential. Fair use and user-generated works in the Metaverse are essential to regulate the IPR
(Intellectual Property Rights). These regulations must balance innovation with the rights of creators
and owners.

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B. Establishing a Separate Supreme Authority

To address these challenges more effectively, e.g. a Supreme Authority on Intellectual Property
Rights (SAIPR) must be established to act as the highest governing body for enacting laws and
resolving IPR disputes, enforcing regulations, and adapting global policies to emerging
technologies. The establishment of a Supreme Authority on Intellectual Property Rights (SAIPR)
is essential to adapt, enforce, and harmonize IPR laws in the age of AI and the Metaverse. By
leveraging technology, international cooperation, and legal innovation, SAIPR can ensure fair
protection of intellectual assets while fostering global innovation.

C. Promoting Ethical AI Development

As AI technology advances, developers must place a strong emphasis on ethical practices to foster
trust and minimize legal risks to regulate IPR. Ensuring AI is trained on data that is gathered
responsibly, ethically, and transparently is key to achieving this. Developers are required to
prioritize obtaining consent for data usage and avoid using biased, misleading, or harmful sources,
which could negatively affect the outcomes or cause unintended harm. Transparency should be
maintained in how AI systems are developed and how data is used not only to help avoid legal
conflicts but also to build public trust. When users know that AI is being used fairly and ethically,
they are more likely to embrace its capabilities. In the long run, ethical AI practices safeguard the
creators, owners, and consumers from potential legal and societal consequences.

By adopting these strategies and the provided initiatives, we can create an ecosystem in which
technology and intellectual property exist harmoniously. It’s about taking into consideration the
innovation while ensuring that the rights of creators are respected and that technology is used
responsibly and ethically.

Conclusion

As we find ourselves at the crossroads of an increasingly digital world shaped by AI and the virtual
world of Metaverse, it is an urgent and a matter of great importance to rethink how we protect
intellectual property in today’s world. The rapid development of these technologies nowadays is

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not only reshaping industries but also challenging our fundamental understanding of ownership and
creativity like who is the creator? and who is the owner?. The traditional systems that have served
us well in the physical world now seem inadequate in addressing the complexities of virtual realms
and AI-generated content. Currently, the legal structure prevailing is fragmented and often
confusing, as courts and legislature strive to keep pace with the swift evolution of technology and
innovation. AI inherently defies traditional notions of authorship and creativity. Meanwhile, the
Metaverse “A Virtual World”, with its decentralized platforms and global reach, adds new layers
of complexity to enforcing Intellectual Property Rights. However, despite these challenges, there
is hope and scope for change in the system which may conquer this issue. The digital world is still
in its early stages, allowing legal systems worldwide an opportunity to shape a future where
creativity and ownership are protected and innovation is encouraged.

The key to solving these issues lies in its adaptability and evolved system. Just as technology evolves, so
too must our legal frameworks should. We need to establish clear rules and regulations that address AI-
generated content, fair use, and user-generated works in the Metaverse. Yet, simply updating existing laws
is insufficient; we must fundamentally rethink how intellectual property is governed in this new landscape
as this is a new realm to humanity. Creating a dedicated Supreme global authority, e.g. Supreme Authority
on Intellectual Property Rights (SAIPR), could help ensure a coordinated approach to resolving the IPR
disputes, enforcing rules and regulations, and fostering international cooperation in this complex digital era.
Ultimately, the path ahead requires more than just legal reform; it demands a collaborative approach towards
the legislature, tech companies, and creators to ensure that intellectual property rights are flexible to be just,
forward-thinking, and equitable. We are in need and must strike a balance between protecting the rights of
creators and owners and promoting the open innovation that allows AI and the Metaverse to thrive and work
for us. The challenges ahead are very significant, but with great thoughtful understanding, and coordinated
action, we can ensure that intellectual property rights fulfill their true purpose: to protect the fruits of human
creativity while paving the way for a secure, innovative future in the digital realm.

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UNDERSTANDING IPRs OVER A DECADE

Authored by:- Ms. Kirti, Research Scholar, NIILM University, Kaithal, Haryana

Abstract:

Over the past decade (2014-2024), Intellectual Property Rights (IPRs) have undergone significant
transformations influenced by technological advancements, changing legal frameworks, and a
rapidly evolving global marketplace. This review examines the trends, research, and evolving
dynamics surrounding IPRs, exploring their role in fostering innovation, protecting creators’ rights,
and supporting economic growth, while also addressing the challenges and limitations that have
emerged. With a focus on emerging technologies like Artificial Intelligence (AI), blockchain, and
biotechnology, as well as the shifting policy landscape, this review highlights the complexities of
the IPR ecosystem and its future trajectory.

KEYWORDS: IPRs, Innovation, Artificial Intelligence, Blockchain

Introduction:

Intellectual Property Rights (IPRs) serve as the legal cornerstone that protects the creative,
technological, and scientific innovations of individuals and organizations. By offering exclusive
rights to creators, IPRs aim to incentivize innovation, safeguard intellectual capital, and contribute
to the economic development of industries and countries. Over the last decade (2014-2024), IPRs
have been significantly impacted by the rapid pace of technological change, the expansion of digital
platforms, and the increasing globalization of markets.

This review explores the evolution of IPRs over the past decade, examining major trends,
challenges, and the changing role of IPRs in fostering creativity and technological progress. As
industries become more interconnected and innovation accelerates, the protection and enforcement
of intellectual property have grown increasingly complex, prompting a need for continued reforms
and adaptations.

Research Objectives:

The main objectives of this review are:

1. To analyze the key trends and changes in IPRs over the last decade.
2. To assess the advantages of IPRs in stimulating innovation and economic growth.

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3. To explore the limitations and challenges of IPRs in the modern, digital, and globalized
economy.
4. To examine the impact of emerging technologies (such as AI, blockchain, and
biotechnology) on IPRs.
5. To provide insights into future research directions and the potential evolution of IPRs.

Methodology:

This review is based on a qualitative research methodology, utilizing an extensive analysis of

academic literature, industry reports, case studies, and policy papers published between 2014 and
2024. Sources include:

• Peer-reviewed journals on law, economics, technology, and innovation.

• Reports from international organizations such as the World Intellectual Property
Organization (WIPO) and the European Patent Office (EPO).
• Industry white papers and surveys from legal and tech companies.
• Case studies on IPR litigation and policy developments.

The review synthesizes key findings from these sources and highlights notable trends and
challenges related to IPRs over the last decade.

Literature Review

Technological Advancements and IPRs

The rapid pace of technological advancements has significantly altered the nature of intellectual
property. Technologies like artificial intelligence (AI), blockchain, and biotechnology have
presented new challenges to traditional models of IPRs.

• AI and Patent Law: One of the most significant challenges in patent law has been the rise
of AI and machine-generated inventions. Historically, patents have been granted to human
inventors, but the increasing involvement of AI in the creation process raises the question
of whether machines can be considered inventors. The European Patent Office (EPO) and
the United States Patent and Trademark Office (USPTO) have ruled that AI cannot be an
inventor, though AI can still be used in the invention process. However, legal scholars argue
that this decision may need to be revisited as AI becomes more integral to innovation
(Gosal, 2020).
• Blockchain and Intellectual Property: Blockchain technology has introduced innovative
ways of tracking ownership and licensing. By providing transparent and tamper-proof
records, blockchain has the potential to simplify IP transactions and improve enforcement.
WIPO’s "Blockchain for IP" initiative has been exploring how decentralized technologies
can enhance IP management, particularly in preventing counterfeiting and piracy (Coppens
& Demirdjian, 2022).

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• Biotechnology and Ethics: Biotechnology has raised unique challenges for IPRs,
especially regarding the patenting of genetic material and living organisms. The rise of
CRISPR gene-editing technology has ignited debates over the ethical implications of
patenting biological processes and organisms. Some argue that patents may hinder access
to essential medical technologies, while others emphasize the importance of IP protection
in encouraging biotech research (Tushnet, 2018).

Globalization and IPR Enforcement

The increasing interconnectedness of global markets has created both opportunities and challenges
for IPR enforcement. The internet, digital platforms, and e-commerce have provided new venues
for both the dissemination of intellectual property and its infringement.

• Cross-Border Litigation and Enforcement: As global trade has expanded, so has the
complexity of enforcing IPRs across borders. Jurisdictions with different legal standards
and enforcement mechanisms have made it difficult to maintain consistency in protecting
intellectual property rights. Cross-border patent litigation, for instance, is an expensive and
time-consuming process, and enforcement in developing countries remains a significant
issue (Katsoulis, 2021).
• Digital Piracy: The internet has enabled widespread piracy, especially in digital media,
software, and entertainment. Platforms such as YouTube, BitTorrent, and online streaming
services have made it easier for individuals to access and distribute copyrighted material
illegally. Although governments and private companies have taken legal action against
piracy, the decentralized nature of the internet and global nature of digital content
distribution make enforcement exceedingly difficult (Hughes, 2020).
• Trademarks in the Digital Era: The rise of global e-commerce platforms such as Amazon
and Alibaba has led to a surge in counterfeit goods. The legal frameworks for protecting
trademarks have been slow to adapt to these new challenges. However, legislative changes,
such as the EU’s Copyright Directive (2019), have sought to address some of the digital
challenges in IPR enforcement (Hughes, 2020).

The Role of International Organizations

International organizations such as the World Intellectual Property Organization (WIPO) and the
World Trade Organization (WTO) have played critical roles in harmonizing IPRs across borders.
The TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) created under the
WTO in the 1990s is the most significant international framework for IPRs, setting minimum
standards for the protection of patents, copyrights, trademarks, and other IP across member
countries.

• WIPO and Global IP Harmonization: WIPO has worked to align IPR laws globally,
offering services such as the Patent Cooperation Treaty (PCT) to help patent owners secure
protection in multiple countries. WIPO’s efforts have been especially relevant in the digital

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age, where international cooperation is crucial for tackling online piracy and counterfeiting
(WIPO, 2022).
• The TRIPS Flexibilities Debate: The TRIPS Agreement has been the subject of much
debate, particularly regarding its application to public health. The flexibility within the
TRIPS Agreement to allow for compulsory licensing of patents in emergencies has been
used in instances like the HIV/AIDS epidemic. In the context of COVID-19, there have
been renewed calls for more flexible patent systems to allow for broader access to vaccines
(Reichman & Hasenzahl, 2021).

IPRs and Economic Growth:

• Patent and Trademark Filing Trends: Data from the WIPO and other agencies indicate
a steady rise in the number of patent and trademark filings worldwide. In particular, China
has emerged as a major player in intellectual property, with a significant increase in
domestic patent filings.
• Economic Impact of IPRs: Research indicates that IPRs play a crucial role in driving
economic growth, particularly in knowledge-intensive industries such as pharmaceuticals,
software, and entertainment. The protection of intellectual property fosters innovation,
attracts investment, and enhances the competitiveness of firms in the global market.

Advantages of IPRs:

• Incentivizing Innovation: By granting exclusive rights to inventors and creators, IPRs

provide an incentive for innovation. The protection of new ideas encourages investments in
research and development, leading to the creation of new technologies, medicines, and
creative works. For example, in the pharmaceutical sector, patents help protect the
investments made in developing new drugs and therapies (Sampath, 2020).
• Economic Growth and Competitiveness: The strong protection of intellectual property is
crucial for fostering economic growth. Economies with robust IPR frameworks, like the
U.S., Japan, and European Union, have seen industries related to technology, entertainment,
and pharmaceuticals thrive (OECD, 2020). IPRs enable companies to capitalize on their
innovations, improving their competitive position globally.
• Encouraging Foreign Direct Investment (FDI): Strong intellectual property protections
have been shown to attract foreign direct investment. For example, countries with well-
developed IP regimes, such as Singapore and South Korea, have seen significant inflows of
FDI, as multinational companies seek to protect their innovations in these markets (Lall,
2021).

Challenges and Limitations of IPRs:

• Patent Trolling: Patent trolling has become a significant issue, where entities with no intent
to manufacture or sell products use patents solely to extract settlements from companies.
This has led to calls for patent reform, including efforts to streamline the patent application
process and improve the quality of issued patents.

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• Access to Medicines: The high cost of patented pharmaceuticals remains a key concern,
particularly in developing countries. The issue of patent rights versus public health has been
a major topic of debate, with many advocating for greater flexibility in patent law to allow
for cheaper generic drug production.
• Infringement and Enforcement: The enforcement of IPRs continues to be a significant
challenge, particularly in jurisdictions with weak enforcement mechanisms or in digital
spaces where infringement is hard to track. There have been efforts to improve the
effectiveness of enforcement through international cooperation, but challenges persist.

Emerging Legal and Policy Frameworks:

• IPR Reforms in Major Jurisdictions: Many countries have initiated reforms in their IPR
systems to address new technological realities. For example, the EU introduced the
Copyright Directive to address online content-sharing platforms, while India has been
working to strengthen its patent system.
• Patent Pooling and Open Access Models: In response to criticisms of the patent system,
some industries have explored patent pooling and open-source models to share technology
and facilitate innovation. For instance, in the realm of pharmaceuticals and biotechnology,
collaborations between companies and research institutions have become more common.

The Role of WIPO and Other International Bodies:

• The World Intellectual Property Organization (WIPO) has continued its role in promoting
the global harmonization of IPR laws, offering resources, arbitration services, and fostering
cooperation between member states. The WIPO’s recent initiatives, including the WIPO
GREEN program for environmentally sustainable technologies, highlight the evolving role
of intellectual property in addressing global challenges.

The Future of IPRs (2024 and Beyond):

• Artificial Intelligence and Automation: As AI continues to evolve, there will likely be

increasing pressure to adapt IPR frameworks to address the complexities of machine-
generated inventions. There may be more significant discussions regarding the rights of
creators versus the rights of machines.
• Digital and Global Integration: The future of IPRs will require international collaboration
to address the challenges of digital infringement, particularly with the rise of decentralized
technologies like blockchain. New treaties or agreements may be needed to address the gaps
in enforcement.
• Sustainability and IPRs: There is growing interest in the role of IPRs in addressing
environmental issues, including climate change. The future of intellectual property law may
include new frameworks for sustainable innovation and access to green technologies. The
growing focus on sustainability has led to discussions about the role of IPRs in promoting
environmentally friendly technologies. Some argue that IP protection can foster innovation
in green technologies, while others believe it may limit access to essential climate solutions.

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The WIPO Green initiative is one example of how IP can be leveraged to promote
environmental innovation (WIPO, 2022).
• The Role of Open Access and Patent Pools: Open access models, where intellectual
property is shared openly for public use, are gaining traction in fields such as science and
medicine. In the context of COVID-19, patent pools and open licensing agreements allowed
for the rapid development of vaccines and treatments. This trend might continue as the
global community recognizes the need for more equitable access to essential innovations
(Baker & McKenzie, 2021).

Conclusion:
The last decade has witnessed significant evolution in the realm of Intellectual Property Rights.
Emerging technologies such as AI, blockchain, and biotechnology have created new opportunities
and challenges for IPRs. While IPRs continue to foster innovation, their limitations—such as digital
piracy, patent trolling, and inequities in access to medicines—highlight the need for ongoing
reform. As the global economy becomes more interconnected and digital, the future of IPRs will
likely involve more collaborative, transparent, and flexible approaches to IP protection and
enforcement.

From the impact of emerging technologies to the challenges of global enforcement, IPRs continue
to play a central role in the protection and promotion of innovation. However, as the world becomes
more interconnected and digital, there is an increasing need for reform to address the complexities
of the modern economy. The next decade will likely see the development of new frameworks and
international collaborations that better align intellectual property with the challenges and
opportunities of a rapidly changing world.

According to WIPO IP facts and figures report 2024,

Global patent filings increased by 2.7% in 2023, accompanied by a 3.9% growth in applications
for utility models – a special form of patent right. Specifically, patent filings worldwide reached
3.6 million, while utility model applications amounted to 3.1 million. Trademark filing totaled 15.2
million, reflecting a 2% decline on 2022, although this decline was much less pronounced than in
the year prior. Industrial design filing rebounded from a decrease in 2022, rising by 2.8% to reach
1.5 million in 2023.

Offices in Asia continued to account for close to 70% of total worldwide filing for patents,
trademarks and industrial designs, as well as almost all global utility model filing. Over the past
decade, Asia’s global share of applications filed for these four IP rights has seen a substantial
increase. For instance, Asia’s portion of all patent applications filed globally has grown from 58.4%
in 2013 to a remarkable 68.7% in 2023. Within Asia, IP filings are highly concentrated in the offices

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of China, Japan, and the Republic of Korea. For example, in the case of patents, these three offices
alone accounted for a combined share of 91.1% of all Asian filings for this IP right in 2023.

Together, the top five offices accounted for 85% of the world total in 2023, four percentage points
higher than their combined share a decade earlier in 2013. This is solely attributed to exceptional
filing growth in China. The office China’s share of the world total has increased from 32.2% in
2013 to 47.2% in 2023. As a result of China’s growth in filings, every other top five office has seen
its share decrease over the same period. For instance, the share held by the US has declined from
22.3% to 16.8% over the past decade.

Focusing on selected middle-income origins shows that applicants based in Brazil (7,298), the
Islamic Republic of Iran (8,653), and Türkiye (10,105) filed a substantial number of applications
in 2023. The majority of these applications were resident filings in their respective home countries
– ranging from 98.3% for the Islamic Republic of Iran to 68.1% for Brazil. For applicants of most
of the selected origins shown in the chart above, apart from Malaysia, Mexico, and South Africa,
resident filings accounted for more than two-thirds of their total worldwide filings, reflecting
applicants’ focus on patent protection within their domestic markets.

In 2023, patent applicants based in the Republic of Korea maintained their position as the most
intensive filers relative to GDP, registering 7,309 resident applications for every USD 100 billion
of GDP. Its patent filing-to-GDP ratio is far above that of second placed China (4,875). Japan
(3,974) had the third highest patent filing-to-GDP ratio, followed by Switzerland (1,462) and
Finland (1,247). For the first time, Germany dropped out of the top five ranking to be replaced by
Finland in 2023. Germany (1,214), the US (1,119), Sweden (1,035), Denmark (859), and the
Kingdom of the Netherlands (714) round out the top 10 origins.

References:
1. Baker & McKenzie. (2021). IP and Sustainability: The Role of Intellectual Property in
Green Innovation. [Online]. Available: www.bakermckenzie.com
2. Cockburn, I. M., & MacGarvie, M. J. (2020). Patent Trolling: The Impact of Patent
Infringement Lawsuits. Journal of Economics & Management Strategy, 29(3), 214-228.
3. Coppens, F., & Demirdjian, L. (2022). Blockchain and Intellectual Property: A
Comprehensive Overview. World Patent Information, 67, 1-12.
4. Gosal, G. (2020). AI and the Future of Intellectual Property. Intellectual Property &
Technology Law Journal, 32(5), 12-18.
5. Hughes, J. P. (2020). The Digital Piracy Crisis: Intellectual Property in the Age of the
Internet. Journal of Digital Commerce, 44(2), 56-72.
6. Katsoulis, D. (2021). Cross-Border Intellectual Property Enforcement: Challenges and
Solutions. International Journal of Intellectual Property, 38(1), 34-50.
7. Lall, S. (2021). Intellectual Property and Foreign Direct Investment. Journal of
International Business Studies, 52(8), 1601-1619.
8. Reichman, J. H., & Hasenzahl, C. (2021). Access to Medicines and the Role of Patents.
Journal of Law & Medical Ethics, 29(3), 310-323.

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9. Sampath, P. (2020). Patents and Public Health: A Decade of Tensions. Health Economics
Review, 11(1), 35-48.
10. Tushnet, R. (2018). Biotechnology Patents and Ethical Dilemmas. Journal of Bioethics &
Law, 21(2), 140-152.
11. WIPO. (2022). WIPO Green: Advancing Environmental Innovation through Intellectual
Property. [Online]. Available: www.wipo.int
12. WIPO IP Facts and Figures 2024 https://www.wipo.int/web-publications/ip-facts-and-
figures-2024/assets/70866/943EN_IP%20Facts%20and%20Figures%202024.4.pdf

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DISCRIMINATION IN THE WORKPLACE: LEGAL PROTECTIONS AND
CHALLENGES IN INDIA

Authored by:- Ms. Neerja, Assistant Professor, CPJ-CHS & SOL, New Delhi

Co Author :- Mr. Pankaj Nagar , Assistant Professor, TIIPS, Greater Noida

Abstract

Workplace discrimination in India remains a significant issue despite legal protections. Employees

continue to face biases based on caste, gender, religion, disability, and sexual orientation, affecting

their professional growth and opportunities. Key legislations, such as the Equal Remuneration Act

(1976), the Prevention of Sexual Harassment at Workplace Act (2013), and constitutional

provisions under Articles 15 and 46, aim to promote workplace equality. However, enforcement

challenges persist due to deeply ingrained societal biases and evolving work models, such as remote

and gig economy jobs, which complicate traditional legal protections.

While many organizations have adopted Diversity & Inclusion (D&I) programs to foster

inclusivity, these initiatives often fall short due to superficial implementation and lack of

integration into workplace culture. This paper examines the persistent challenges of workplace

discrimination, the limitations of existing legal frameworks, and the effectiveness of corporate

policies. It argues for stronger legal enforcement, comprehensive reforms, and more authentic

organizational efforts to create a truly inclusive and equitable work environment in India.

Keywords: Workplace Discrimination, Legal Protections, Caste, Gender, Religion, Disability,

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Introduction

Workplace discrimination remains a pervasive issue in India, affecting employees across diverse
industries, including corporate offices, manufacturing sectors, service industries, and informal
labour markets. Discriminatory practices arise due to deep-seated social prejudices based on caste,
gender, religion, disability, sexual orientation, and other personal characteristics. These biases
create significant barriers for individuals seeking fair treatment, equal pay, and career advancement
opportunities. Despite India's robust legal framework designed to prevent workplace
discrimination, including constitutional provisions and specific labour laws, the effectiveness of
these safeguards remains questionable. Societal norms and ingrained biases continue to influence
hiring decisions, promotions, and workplace culture. Many employees, particularly those from
marginalized backgrounds, face challenges in securing their rights due to a lack of awareness, fear
of retaliation, and weak enforcement mechanisms. This paper explores the various manifestations
of workplace discrimination in India, examining how different social groups experience exclusion
and bias in professional settings. It also evaluates the strengths and limitations of existing legal
protections, highlighting gaps in enforcement and the structural barriers that prevent the realization
of workplace equality. Furthermore, the paper investigates corporate initiatives aimed at fostering
diversity and inclusion, analyzing the extent to which these efforts have been effective in bringing
about meaningful change. It underscores the need for a holistic approach to tackling workplace
discrimination, one that combines stronger legal enforcement, proactive corporate policies, and a
cultural shift towards greater inclusivity. By addressing both systemic and institutional barriers,
Indian workplaces can move toward a more equitable environment that ensures fair opportunities
for all employees, regardless of their background or identity.

Forms Of Workplace Discrimination

Caste-Based Discrimination in Indian Workplaces

Caste-based discrimination remains one of the most entrenched and persistent forms of workplace
inequality in India. Despite constitutional safeguards and affirmative action policies aimed at
uplifting marginalized communities, discriminatory practices continue to shape hiring decisions,

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career progression, and workplace interactions. Individuals from historically disadvantaged castes,
particularly Dalits and Scheduled Tribes, often face systemic exclusion and bias, both in formal
and informal employment sectors.

Even though the Indian Constitution explicitly prohibits caste-based discrimination and mandates
equal employment opportunities, biases persist in hiring practices. Employers, especially in the
private sector, often prefer candidates from upper-caste backgrounds, as there are no mandatory
reservation policies in this space. Many hiring decisions are influenced by unconscious biases,
where a candidate’s surname, language, or place of birth can reveal their caste identity, leading to
discriminatory outcomes. Furthermore, professional networks tend to favor upper-caste
individuals, providing them with better access to job opportunities, while Dalits and other
marginalized groups are often excluded from these circles. Occupational segregation remains a
pressing issue, with lower-caste individuals disproportionately employed in low-paying, menial
jobs, whereas leadership and high-paying positions are predominantly occupied by upper-caste
professionals.

Caste discrimination does not end with hiring; it extends into workplace culture and career growth.
Many Dalit employees find themselves facing social exclusion, with limited access to mentorship
opportunities and informal office interactions that are crucial for career advancement. There is also
a prevalent glass-ceiling effect, where Dalit professionals struggle to get promotions despite equal
or superior qualifications and work performance compared to their upper-caste colleagues.
Discriminatory attitudes often manifest in the form of subtle biases, with some employers and
coworkers perceiving Dalits as less competent or unsuitable for leadership roles. In some cases,
Dalit employees face outright hostility, including derogatory remarks, social isolation, or even
workplace bullying, which creates a toxic work environment.

Harassment based on caste is another concerning issue. In some workplaces, Dalit employees are
subjected to verbal abuse, casteist slurs, and exclusion from social gatherings or team discussions.
Employees who choose to report caste-based discrimination or harassment often face retaliation,
including job termination or deliberate sidelining within the organization. The fear of losing
employment and a lack of awareness about legal protections prevent many victims from speaking

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up. Although the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989,
criminalizes caste-based discrimination and violence, its implementation remains weak in
corporate settings, as many cases go unreported or are dismissed due to lack of evidence.

Despite government efforts to provide job reservations for Scheduled Castes, Scheduled Tribes,
and Other Backward Classes in public sector jobs and educational institutions, these affirmative
action policies have limitations. Since private-sector companies are not required to implement
caste-based reservations, a significant section of the workforce continues to face barriers to
employment. Even within the public sector, Dalits often find themselves confined to lower-grade
positions, with fewer opportunities for upward mobility into managerial or leadership roles. Some
organizations practice tokenism, hiring candidates from marginalized castes to meet diversity
requirements without fostering a truly inclusive environment where they can thrive.

While legal safeguards exist, caste-based discrimination in Indian workplaces remains a deeply
rooted problem that reinforces social and economic disparities. Combating this issue requires a
comprehensive approach, including stricter enforcement of anti-discrimination laws, increased
representation of marginalized communities in leadership roles, and proactive corporate policies
that promote caste inclusivity. Beyond legal measures, raising awareness and encouraging open
discussions on caste discrimination can help create a workplace culture that values diversity,
ensuring equal opportunities for all employees, regardless of their caste background.

Gender Discrimination in Indian Workplaces

Gender discrimination continues to be a significant challenge in Indian workplaces, manifesting in

various forms such as wage disparities, limited career growth opportunities, and workplace
harassment. Despite the implementation of legal protections like the Equal Remuneration Act,
1976, which mandates equal pay for equal work, the gender pay gap remains a persistent issue.
Women, on average, earn less than their male counterparts for the same roles and responsibilities,
with factors such as biased hiring practices, undervaluation of women's labor, and limited
negotiation opportunities contributing to this disparity. The wage gap is even more pronounced in

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informal sectors and lower-income jobs, where women often receive significantly lower pay than
men for similar work.

Beyond wage disparities, women frequently encounter barriers to career advancement due to the
deeply ingrained societal norms that associate leadership and decision-making roles with men. This
results in the "glass ceiling" effect, where women, despite having the necessary qualifications and
experience, struggle to break into senior management positions. Gender biases influence promotion
decisions, with women often being overlooked for leadership roles based on assumptions about
their ability to handle high-pressure responsibilities. Many organizations have a disproportionately
low number of women in executive roles, reinforcing the structural barriers that limit their
professional growth. Furthermore, workplace cultures that favor male-dominated networks often
exclude women from crucial informal interactions, mentorship opportunities, and decision-making
processes, further hindering their career progression.

Maternity and caregiving responsibilities also pose significant challenges for women in the
workforce. Many employers view pregnancy and motherhood as obstacles to productivity, leading
to discriminatory hiring practices, reduced opportunities for promotion, or even job termination.
Women returning from maternity leave often find themselves sidelined or forced into less
challenging roles, affecting their long-term career prospects. The Maternity Benefit Act, 1961, and
its amendments, which provide paid maternity leave and other benefits, have been instrumental in
protecting the rights of working mothers. However, in many cases, companies remain reluctant to
hire or retain women due to perceived additional costs and workplace adjustments required for
maternity leave and childcare support.

Workplace harassment is another major concern, with many women experiencing verbal, physical,
or psychological harassment in professional settings. The enactment of the Prevention of Sexual
Harassment (POSH) Act, 2013, was a significant step toward addressing sexual harassment in
workplaces, requiring organizations to establish mechanisms for reporting and addressing such
complaints. However, many women remain hesitant to report harassment due to fear of retaliation,
reputational damage, or lack of trust in the system. In many cases, workplace cultures dismiss or
trivialize complaints, creating an unsafe environment for women employees. The lack of stringent

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enforcement and awareness about the POSH Act in smaller organizations and informal work
sectors further exacerbates the problem.

Despite legal protections and increasing awareness of gender discrimination, Indian workplaces
still struggle to create a truly equal environment for women. Addressing gender discrimination
requires a multifaceted approach that includes strict enforcement of existing laws, implementation
of policies that promote gender diversity in leadership, and proactive measures to change workplace
culture. Companies must prioritize creating inclusive environments by offering equal pay, fostering
mentorship programs for women, ensuring safe workplaces, and challenging gender stereotypes
that limit women's career growth. Only through such concerted efforts can Indian workplaces
progress toward true gender equality, enabling women to participate fully and fairly in the
workforce.

Disability Discrimination

Disability discrimination remains a significant barrier to equal employment opportunities in India,

with persons with disabilities (PwDs) facing numerous challenges in securing and retaining jobs.
Despite the enactment of the Rights of Persons with Disabilities (RPwD) Act, 2016, which
mandates non-discriminatory hiring practices, reasonable accommodations, and accessible
workplaces, the reality for many disabled individuals is far from inclusive. Infrastructural barriers,
employer biases, and a lack of awareness continue to hinder their full participation in the workforce.
Many workplaces remain physically inaccessible, lacking ramps, elevators, accessible washrooms,
and assistive technologies, making it difficult for employees with disabilities to navigate their work
environment comfortably. Digital accessibility is also a concern, as many companies fail to provide
screen readers, speech-to-text software, or other assistive tools necessary for employees with
visual, hearing, or mobility impairments.

Employer attitudes play a crucial role in perpetuating disability discrimination, as many companies
hesitate to hire PwDs due to preconceived notions about their productivity and capability.
Employers often perceive disabled employees as requiring additional resources or
accommodations, which they see as an unnecessary financial burden. This mindset not only limits

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employment opportunities for PwDs but also results in workplace discrimination, where employees
with disabilities are either relegated to lower-paying roles, denied promotions, or excluded from
leadership positions. Many disabled individuals also face social exclusion within the workplace, as
colleagues and managers may not be adequately sensitized to their needs, leading to isolation and
a lack of career advancement opportunities.

Moreover, the implementation of the RPwD Act remains weak, particularly in the private sector,
which is not legally bound by mandatory reservation policies for disabled employees. While
government jobs have a quota for PwDs, enforcement and awareness of these provisions remain
inconsistent. Even in workplaces that claim to promote inclusivity, many initiatives exist only on
paper, with little effort made to integrate PwDs into mainstream work environments. The lack of
inclusive policies, combined with inadequate training and sensitization programs, prevents the
creation of a truly supportive work culture for disabled employees.

To combat disability discrimination, there is an urgent need for stricter enforcement of legal
provisions, greater employer accountability, and a cultural shift toward workplace inclusivity.
Organizations must actively work to create barrier-free environments by investing in accessible
infrastructure, assistive technologies, and inclusive hiring practices. Sensitization programs should
be conducted to educate employers and employees about disability rights, fostering a more
supportive and respectful work culture. Additionally, providing reasonable accommodations, such
as flexible work hours, remote work options, and specialized training programs, can help PwDs
integrate more seamlessly into the workforce. Only through these combined efforts can Indian
workplaces move toward true inclusivity, ensuring that persons with disabilities are not just
employed but also empowered to succeed in their professional careers.

Legal Protections Against Workplace Discrimination In India

India has established a comprehensive legal framework to prevent workplace discrimination and
ensure equal opportunities for all employees. Various constitutional provisions and labor laws aim
to safeguard the rights of marginalized groups, including women, persons with disabilities (PwDs),
Scheduled Castes (SCs), Scheduled Tribes (STs), and religious minorities. However, despite these

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legal protections, enforcement challenges, lack of awareness, and social biases continue to hinder
progress toward workplace equality.

1. Constitutional Provisions

The Indian Constitution provides a fundamental legal foundation for anti-discrimination measures,
ensuring that all citizens have equal rights and opportunities in employment.

1.1 Article 15: Prohibition of Discrimination

Article 15 prohibits discrimination based on religion, race, caste, sex, or place of birth. This
provision is crucial in preventing workplace discrimination, ensuring that individuals are not denied
jobs, promotions, or fair treatment due to their identity. However, despite this constitutional
safeguard, discrimination persists in many workplaces, often in subtle or indirect forms.

1.2 Article 16: Equal Employment Opportunities in Public Sector Jobs

Article 16 guarantees equal opportunities in public employment and mandates that no citizen shall
be discriminated against in matters of public-sector job appointments based on religion, race, caste,
sex, descent, place of birth, or residence. This article has enabled affirmative action policies such
as reservations for SCs, STs, and Other Backward Classes (OBCs) in government jobs. However,
private-sector employment is not covered under this provision, leaving a significant gap in
workplace equality.

1.3 Article 46: Welfare of Disadvantaged Groups

Article 46 directs the state to promote the educational and economic interests of SCs, STs, and
other weaker sections of society while protecting them from social injustice and exploitation. This
provision has led to the introduction of reservation policies in government jobs and educational
institutions to uplift historically marginalized communities. However, the implementation of these
policies remains inconsistent, and many eligible candidates continue to face workplace
discrimination despite affirmative action efforts.

2. Key Labour Laws

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To supplement constitutional protections, several labor laws have been enacted to address specific
forms of workplace discrimination and ensure fair treatment for employees.

2.1 Equal Remuneration Act, 1976

The Equal Remuneration Act mandates that men and women performing the same work or work
of a similar nature receive equal pay. Despite this legal requirement, gender pay disparities persist
in various industries, often due to biased hiring practices, lack of transparency in salary structures,
and limited career advancement opportunities for women. Employers often justify pay gaps by
citing factors such as experience, job responsibilities, or market conditions, despite the principle of
equal remuneration. The implementation of this law remains weak, especially in the private sector,
where wage negotiations are often influenced by gender biases.

2.2 Prevention of Sexual Harassment (POSH) Act, 2013

The POSH Act was enacted to provide a legal framework for addressing sexual harassment in the
workplace. It mandates that organizations establish Internal Complaints Committees (ICCs) to
handle complaints and ensure a safe working environment for women employees. While this law
has empowered many women to report workplace harassment, challenges remain in its
implementation. Many organizations, particularly in small businesses and informal sectors, fail to
establish ICCs or adequately train employees on handling harassment cases. Additionally, many
women hesitate to report incidents due to fear of retaliation, victim-blaming, or lack of trust in the
system.

2.3 Rights of Persons with Disabilities (RPwD) Act, 2016

The RPwD Act mandates that workplaces be accessible and inclusive for employees with
disabilities. It requires employers to provide reasonable accommodations such as ramps, assistive
technologies, accessible digital platforms, and flexible work arrangements. The law also reserves
a certain percentage of jobs in government sectors for PwDs. However, compliance with this law
remains inadequate, especially in the private sector, where many companies fail to provide the

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necessary infrastructural modifications or inclusive hiring practices. Many disabled employees
continue to face workplace discrimination due to employer biases and lack of accessibility
measures.

Challenges In Implementation

Despite a well-defined legal framework, the implementation of anti-discrimination laws faces

several challenges that undermine their effectiveness.

• Lack of Awareness Among Employees

Many employees, especially those in informal or lower-income jobs, are unaware of their legal
rights and protections against workplace discrimination. This lack of awareness makes them
vulnerable to exploitation and unfair treatment. Even when workers know their rights, they often
hesitate to report violations due to fear of job loss, retaliation, or social stigma.

• Weak Enforcement Mechanisms

While laws such as the Equal Remuneration Act and the RPwD Act exist, monitoring compliance
is difficult, and legal action against violators is rare. Many organizations either ignore these
regulations or exploit loopholes to evade responsibility. Government agencies responsible for labor
law enforcement often lack resources, personnel, or political will to conduct thorough
investigations and ensure strict adherence to legal provisions.

• Social and Cultural Biases

Deep-rooted social biases continue to influence workplace behaviors and decision-making.

Patriarchal norms, caste prejudices, and stereotypes about disability shape employer attitudes,
making it difficult to achieve true workplace equality. Women often struggle to be recognized in
leadership roles, lower-caste individuals face exclusion from professional networks, and persons
with disabilities are often viewed as less capable. These biases persist despite legal protections and
create systemic barriers to equal employment opportunities.

• Discrimination in the Informal Work Sector

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A significant portion of India’s workforce is employed in the informal sector, where labor laws are
often not enforced. Workers in agriculture, domestic labor, construction, and small-scale industries
do not benefit from formal employment protections, leaving them vulnerable to wage
discrimination, harassment, and unfair treatment. Since these jobs are often unregulated, employees
have limited legal recourse in cases of workplace discrimination.

Challenges In Implementation

Despite the presence of strong legal provisions aimed at preventing workplace discrimination, their
enforcement remains a significant challenge in India. One of the primary obstacles is the lack of
awareness among employees regarding their rights. Many workers, especially those in lower-
income jobs or informal sectors, are either unaware of anti-discrimination laws or unsure about
how to seek legal recourse. This lack of knowledge makes them vulnerable to exploitation, as they
may not recognize discriminatory practices or feel empowered to challenge unfair treatment. Even
when employees are aware of their rights, they often hesitate to file complaints due to fear of job
loss, employer retaliation, or social stigma, particularly in cases of caste, gender, or sexual
harassment-related discrimination.

Another major issue is the weak enforcement of existing laws, which allows many organizations
to continue discriminatory practices without facing consequences. Although laws such as the Equal
Remuneration Act and the Rights of Persons with Disabilities Act impose legal obligations on
employers, monitoring compliance remains difficult. Many companies, especially in the private
sector, either fail to implement these regulations or exploit legal loopholes to evade responsibility.
Government agencies responsible for enforcing labor laws often lack adequate resources,
personnel, and political will to conduct thorough investigations and ensure strict compliance.
Internal complaints committees (ICCs) mandated by the Prevention of Sexual Harassment (POSH)
Act, for instance, are frequently ineffective or non-existent in smaller organizations, leaving
employees without a reliable mechanism for seeking justice.

Furthermore, deeply ingrained social and cultural biases continue to influence workplace
behaviours and decision-making, undermining legal protections. Traditional patriarchal attitudes

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discourage women from asserting their rights in male-dominated industries, while caste-based
prejudices subtly affect hiring, promotions, and workplace interactions. Employers and colleagues
may unconsciously discriminate against individuals from marginalized communities, assuming
them to be less competent or unsuitable for leadership roles. Persons with disabilities also face
discrimination, as many employers perceive them as less productive or requiring expensive
accommodations. These biases make it difficult to create a genuinely inclusive work environment,
even when legal safeguards exist on paper.

Additionally, workers in informal sectors, which constitute a large portion of India’s

workforce, are often excluded from labour protections. A significant number of employees in
agriculture, domestic labour, construction, and small-scale industries do not have formal
employment contracts, making it nearly impossible to enforce legal provisions against
discrimination. Since these jobs are unregulated and lack proper oversight, workers in these sectors
often face wage disparities, unsafe working conditions, and discriminatory treatment without any
legal recourse. The absence of structured grievance mechanisms further exacerbates their
vulnerability; as informal workers may have no means of challenging unfair practices.

Overall, while India's legal framework provides essential protections against workplace
discrimination, challenges in implementation prevent these laws from being fully effective.
Addressing these issues requires stronger enforcement mechanisms, greater legal awareness among
workers, and cultural shifts to combat discriminatory attitudes. Employers must take more
proactive steps to promote inclusivity, while the government needs to ensure that labor laws extend
beyond the formal sector to protect all workers, regardless of their employment status.

Conclusion And Recommendations

Addressing workplace discrimination in India requires a comprehensive and multi-pronged

approach that not only strengthens legal enforcement but also fosters a shift in workplace culture
and corporate responsibility. Despite the presence of strong constitutional provisions and labor laws
aimed at preventing discrimination, significant gaps remain in their implementation. Societal
biases, weak enforcement mechanisms, and a lack of awareness continue to hinder progress toward

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achieving true workplace equality. Therefore, it is crucial to adopt a holistic strategy that includes
legal reforms, corporate accountability, and proactive awareness campaigns to ensure that every
employee, regardless of their background or identity, has equal opportunities in the workforce.

• Strengthening Legal Enforcement Mechanisms

One of the most pressing challenges in tackling workplace discrimination is the ineffective
enforcement of existing legal protections. Laws such as the Equal Remuneration Act, the POSH
Act, and the Rights of Persons with Disabilities Act have laid a solid foundation for workplace
equality, but their impact remains limited due to weak monitoring and accountability mechanisms.
To improve compliance, the government must strengthen labor law enforcement agencies by
allocating more resources, increasing workplace inspections, and imposing stricter penalties on
organizations that violate anti-discrimination laws. Additionally, legal frameworks should be
updated to address new workplace challenges, such as discrimination in the gig economy and
remote work environments, where employer-employee relationships are less defined. Creating fast-
track courts or specialized labor tribunals for workplace discrimination cases can also help provide
timely justice to affected employees.

• Encouraging Corporate Accountability

Businesses play a crucial role in shaping workplace culture and ensuring equal opportunities for all
employees. Many organizations implement diversity and inclusion (D&I) initiatives, but these
efforts often remain superficial, serving as little more than symbolic gestures rather than genuine
attempts to foster inclusivity. To enhance corporate accountability, companies must make their
diversity policies more transparent and measurable by setting concrete targets for gender, caste,
and disability representation. Regular audits and publicly available diversity reports can help track
progress and hold employers accountable for their commitments to workplace equality.
Additionally, organizations should integrate anti-discrimination policies into their performance
evaluations and HR practices to ensure that inclusivity is not just an optional initiative but a core
part of business operations.

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• Promoting Awareness and Education

A major barrier to workplace equality in India is the lack of awareness among employees about
their rights under anti-discrimination laws. Many workers, particularly those in informal and low-
income jobs, remain unaware of the legal protections available to them. To bridge this gap,
widespread awareness campaigns must be conducted at both national and corporate levels. The
government, in collaboration with civil society organizations, should launch educational initiatives
to inform employees about their legal rights, grievance redressal mechanisms, and the importance
of reporting workplace discrimination. Employers should also conduct regular training sessions for
both employees and management to help identify and address unconscious biases, workplace
harassment, and discriminatory practices. Making workplace policies more accessible by
translating them into regional languages and simplifying legal jargon can further ensure that all
employees, regardless of their education level, understand their rights.

• Building Inclusive Workplace Cultures

Beyond legal enforcement and policy reforms, achieving workplace equality requires a
fundamental cultural shift within organizations. Many companies implement D&I programs
without actively integrating them into their core business operations, leading to a lack of real
change. To create genuinely inclusive workplaces, employers must go beyond tokenistic hiring
practices and focus on fostering a culture of belonging and respect. This includes ensuring that
women, people from marginalized communities, and persons with disabilities are not just hired but
are also given equal opportunities for leadership roles and career advancement. Providing
mentorship programs, flexible work arrangements, and accessibility accommodations can further
help create a more equitable work environment. Additionally, workplace policies must explicitly
address issues such as caste discrimination, LGBTQ+ inclusion, and bias in performance
evaluations to ensure that all employees feel valued and supported.

• Moving Towards a More Equitable Future

By strengthening both legal and corporate frameworks, India can take meaningful steps toward
eliminating workplace discrimination and creating truly equitable work environments. The
government must enforce labour laws more effectively, while companies must move beyond

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performative inclusivity measures and commit to real structural changes. Employees should be
empowered with knowledge about their rights, and organizations should actively work to dismantle
biases that hinder equal opportunities. Only through a combined effort of legal reforms, corporate
responsibility, and societal awareness can India achieve workplaces that are inclusive, fair, and free
from discrimination for all individuals, regardless of their gender, caste, religion, disability, or
sexual orientation

References

1. The Constitution of India – Articles 15, 16, and 46, Ministry of Law and Justice.
2. Equal Remuneration Act, 1976, Ministry of Labour and Employment.
3. Prevention of Sexual Harassment at Workplace (POSH) Act, 2013
4. Rights of Persons with Disabilities (RPwD) Act, 2016
5. National Commission for Women Reports
6. National Human Rights Commission (NHRC) Reports on Workplace Discrimination
7. Bhattacharya, S. (2021). Workplace Discrimination and Law: The Indian Context. Oxford
University Press.
8. Banerjee, A., & Somanathan, R. (2019). "Caste and Discrimination in Indian Workplaces:
A Review of Empirical Evidence." Indian Journal of Labour Economics, 62(3), 289-310.
9. Sen, S. (2020). "Gender Pay Gap and the Implementation of the Equal Remuneration Act
in India." Economic and Political Weekly, 55(14), 45-52.
10. Thomas, S. (2022). "Sexual Harassment at Workplaces in India: A Legal and Sociological
Analysis." Journal of Law and Society, 39(2), 179-195.
11. Gupta, R., & Patel, K. (2023). "Disability and Employment: Evaluating the Effectiveness
of the RPwD Act in India." Disability Studies Quarterly, 43

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ENSURING WATER AS A FUNDAMENTAL HUMAN RIGHT:
LEGAL FRAMEWORKS AND POLICY CHALLENGES IN
INDIA

Authored by:- Kanak Shukla, BA.LLB(H) Student, School of Law, IILM University Greater Noida

Co Author :- Abhay Yadav, BA.LLB(H) Student, School of Law, IILM University Greater Noida

Abstract
Water is an essential element of life, crucial for human survival, agriculture, industry, and
ecological balance. Despite possessing 4% of the world’s freshwater resources, India faces a severe
water crisis due to overextraction, pollution, climate change, and mismanagement. With a rapidly
growing population of over 1.4 billion, ensuring equitable access to safe and adequate water has
become an urgent challenge. Recognizing water as a fundamental human right, the United Nations
General Assembly, through Resolution 64/292 (2010), has affirmed that access to clean drinking
water and sanitation is essential for the realization of all human rights.

This paper explores the legal and constitutional framework governing the right to water in India,
analyzing judicial precedents that have interpreted Article 21 of the Indian Constitution to include
access to clean water as a part of the right to life. It also examines key legislative policies, such as
the National Water Policy, and their effectiveness in addressing the water crisis. Additionally, the
paper evaluates international legal principles and comparative approaches adopted by other nations
to ensure water security. The study concludes by highlighting policy gaps and recommending
sustainable solutions, including integrated water resource management, conservation strategies,
and equitable distribution mechanisms to uphold water as a basic human right in India.

Keywords: Right to Water. Human Rights, Water Crisis in India, Environmental Law, Sustainable
Water Management, Judicial Interpretation

Introduction
Water is the substance of life, shaping the establishment of human presence, horticulture, industry,
and environmental adjust. As one of the most crowded countries in the world, India faces a raising

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water emergency due to overextraction, contamination, climate alter, and fumble. In spite of having
4% of the world's freshwater assets, India battles to give evenhanded and feasible get to water.
With over 1.4 billion individuals, the request for water is quickly outpacing supply, making a
serious challenge in guaranteeing that each citizen has get to to clean and satisfactory water for
survival and development.

The right to water has been recognized globally as a human right, revered in different Joined
together Countries (UN) resolutions and traditions. The Joined together Countries Common
Gathering Determination 64/292 (2010) expressly recognizes water as a essential human right,
expressing that "secure and clean drinking water and sanitation are basic to the realization of all
human rights." In India, in spite of the fact that the right to water is not expressly said in the
Structure, it has been translated as portion of Article 21 (Right to Life) by the Incomparable Court
and different Tall Courts. In any case, in spite of this legitimate acknowledgment, the genuine usage
remains lacking, with millions of Indians confronting water shortage and contamination.

India’s water emergency shows in different shapes. Groundwater levels are exhausting quickly due
to abuse, particularly in states like Punjab, Haryana, and Rajasthan, where over the top water system
for water-intensive crops has driven to disturbing water table decreases. Urban regions endure from
extreme deficiencies due to populace development, unregulated development, and lacking
framework, as seen in cities like Bengaluru, Chennai, and Delhi, where water emergencies
habitually disturb day by day life. In differentiate, rustic regions battle with get to to consumable
drinking water, with numerous depending on removed water sources or sullied wells. Agreeing to
the NITI Aayog’s 2018 Composite Water Administration List, about 600 million Indians confront
tall to extraordinary water push, and 21 major Indian cities are anticipated to run out of groundwater
by 2030.

Water contamination advance worsens the emergency. Mechanical release, untreated sewage, and
agrarian runoff contribute to the defilement of streams, lakes, and groundwater sources. The Central
Contamination Control Board (CPCB) reports that more than 275 waterways in India are seriously
contaminated, counting major water bodies such as the Ganga, Yamuna, and Godavari. The need
of legitimate sewage treatment offices in urban regions implies that more than 80% of wastewater
is released into water bodies without treatment, imperiling human wellbeing and sea-going life.

Policy measures have been presented to handle the water emergency. Activities like the Jal Jeevan
Mission (2019) point to give channeled drinking water to all family units, whereas river-cleaning
programs such as the Namami Gange Mission look for to revive contaminated streams. Be that as
it may, bureaucratic wastefulness, debasement, and frail requirement components have prevented
the viability of these plans. The inter-state water debate over major streams like the Cauvery,
Krishna, and Yamuna encourage complicate water administration, frequently driving to drawn out
lawful fights or maybe than maintainable water-sharing solutions.

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The right to water in India is at a basic crossroads. Whereas legal professions have confirmed its
centrality, lawful and approach changes are required to guarantee its all-inclusive and evenhanded
realization. The nation must receive a all-encompassing approach, coordination legitimate systems,
feasible water administration hones, mechanical advancements, and community interest to combat
the approaching water emergency. This paper investigates the lawful, approach, and natural
measurements of the right to water in India, analyzing its challenges and proposing comprehensive
changes for a more feasible and fair water administration system.

Problems Faced by Citizens

In spite of sacred and legal acknowledgment of the right to water, millions of Indians proceed to
endure due to water shortage, contamination, and biased dissemination. The emergency is
especially extreme in both urban and provincial ranges, where get to clean drinking water remains
a noteworthy challenge. Concurring to a 2019 NITI Aayog report, more than 600 million Indians
confront tall to extraordinary water push, and about 200,000 individuals kick the bucket each year
due to lacking get to secure water. The unregulated extraction of groundwater, wasteful water
administration, and expanding contamination advance compound the situation.

One of the major lawful cases tending to the right to water in India is Subhash Kumar v. State of
Bihar (1991), where the Preeminent Court held that the right to pollution-free water is portion of
the crucial right to life beneath Article 21. Additionally, in Narmada Bachao Andolan v. Union of
India (2000), the Court recognized that get to water is basic for human survival and improvement.
In any case, in spite of such decisions, citizens proceed to confront extreme water emergencies due
to need of authorization and approach failures.

The quality of drinking water is another squeezing concern. Reports from the Central
Contamination Control Board (CPCB) show that more than 275 waterways in India are extremely
contaminated due to mechanical release, sewage, and rural squander. In Delhi, the Yamuna
Waterway remains intensely sullied in spite of numerous legal mediations. In Fluoride Belt states
like Rajasthan and Andhra Pradesh, tall fluoride levels in drinking water cause extreme wellbeing
issues such as skeletal fluorosis. The 2018 emergency in Shimla, where the whole city ran out of
consumable water, advance highlights the dubious situation.

Moreover, inter-state water debate over waterways like the Cauvery, Krishna, and Yamuna proceed
to deny citizens get to their reasonable share of water. Whereas lawful fights endure, millions stay
subordinate on untrustworthy and unsustainable sources, highlighting the critical require for strong
water administration and legal intervention.

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Policies Presented to Address the Water Emergency in India
Recognizing the extreme water emergency and its effect on citizens, the Indian government has
executed a few approaches and programs to make strides water availability, preservation, and
quality administration. Whereas these approaches point to guarantee feasible and impartial water
dissemination, their adequacy frequently depends on appropriate execution and administration.
Underneath are eight key approaches tending to India’s water administration challenges:

1. National Water Arrangement (2012)

Aim: The National Water Approach (NWP) 2012, drafted by the Service of Jal Shakti, points to
advance economical and effective water administration, prioritizing drinking water needs over
mechanical and rural use.

Working: The arrangement emphasizes stream bowl administration, groundwater preservation, and
water estimating to diminish wastage. It too proposes the foundation of a National Water System
Law to oversee inter-state water sharing disputes.

Example & Improvement: In spite of its yearning system, inter-state waterway disputes—such as
the Cauvery water debate between Karnataka and Tamil Nadu—continue to posture challenges,
highlighting the require for more grounded requirement mechanisms170.

2. Jal Jeevan Mission (2019)

Aim: Propelled by Prime Serve Narendra Modi, this activity beneath the Service of Jal Shakti points
to give channeled drinking water to each provincial family by 2024.

Working: The plot centers on building water framework, water collecting, and nearby community
interest. The Har Ghar Jal activity beneath this mission guarantees useful family tap associations
(FHTCs).

Example & Advancement: As of Walk 2023, over 60% of country family units have gotten tap
water associations, with states like Goa and Haryana accomplishing 100% coverage171.

3. Atal Mission for Revival and Urban Change (AMRUT) (2015)

170
Narmada Bachao Andolan v. Union of India, (2000) 10 SCC 664 (India).

Ministry of Jal Shakti, "Jal Jeevan Mission – Progress Report (2023)," Government of India, available at
171

www.jjm.gov.in.

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Aim: Overseen by the Service of Lodging and Urban Undertakings, AMRUT points to make strides
water supply and sewerage systems in 500 major urban centers.

Working: The mission stores water dispersion foundation, sewage treatment plants, and urban
water preservation projects.

Example & Improvement: In cities like Surat and Pune, AMRUT has encouraged keen water supply
ventures, decreasing water spillages by 40% and moving forward urban water availability172.

4. Namami Gange Program (2014)

Aim: A lead activity beneath the Service of Jal Shakti, this program centers on cleaning and
restoring the Ganga Waterway, guaranteeing contamination control and way better sewage
treatment.

Working: The mission incorporates mechanical profluent control, strong squander administration,
and bio-remediation ventures to reestablish the river's ecosystem.

Example & Improvement: By 2023, over 300 sewage treatment plants (STPs) have been built,
essentially making strides the water quality in cities like Varanasi and Kanpur173.

5. Atal Bhujal Yojana (ABHY) (2019)

Aim: Executed by the Service of Jal Shakti, this World Bank-assisted program centers on
groundwater administration in water-stressed states.

Working: The conspire advances community-led groundwater preservation, water budgeting, and
productive water system hones in states such as Rajasthan, Gujarat, and Uttar Pradesh.

Example & Improvement: Ranchers in Gujarat’s Mehsana area have embraced water-efficient
water system strategies, decreasing groundwater consumption by 20%174.

6. Pradhan Mantri Krishi Sinchayee Yojana (PMKSY) (2015)

Aim: This plot, driven by the Service of Agribusiness & Ranchers Welfare, points to guarantee
water openness for agribusiness through effective irrigation.

Working: It coordinating micro-irrigation advances (trickle and sprinkler frameworks) to progress

water-use effectiveness in agriculture.

172
Ministry of Housing & Urban Affairs, "AMRUT Implementation Report," Government of India, 2022
173
National Mission for Clean Ganga, "Namami Gange Annual Report (2023)," Ministry of Jal Shakti.
174
World Bank, "Atal Bhujal Yojana: Groundwater Conservation in India," 2023.

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Example & Improvement: States like Maharashtra and Telangana have detailed a 30% increment
in trim yields due to moved forward water system beneath PMKSY175.

7. Waterway Interlinking Venture (National Viewpoint Arrange - 1980)

Aim: This driven activity, managed by the Service of Jal Shakti, points to interface India's major
streams to redistribute water from flood-prone zones to drought-prone regions.

Working: The venture proposes 30 stream linkages to make strides water system, drinking water
supply, and hydropower generation.

Example & Improvement: The Ken-Betwa waterway interlinking venture in Madhya Pradesh and
Uttar Pradesh is the to begin with affirmed venture, anticipated to advantage millions of farmers176.

8. National Mission for Clean Ganga (NMCG) (2011)

Aim: This mission beneath the Service of Jal Shakti points to decrease mechanical contamination
in the Ganga Waterway, move forward water stream, and guarantee superior squander
management.

Working: It centers on building sewage treatment plants, checking water quality, and strict
contamination control measures.

Example & Improvement: The Patna and Haridwar sewage treatment ventures beneath NMCG
have made a difference diminish Ganga contamination levels significantly177.

These arrangements and programs reflect the government’s endeavors to guarantee economical
water administration and openness in India. In any case, challenges such as destitute requirement,
debasement, need of community cooperation, and inter-state water debate proceed to prevent their
viability. For significant affect, the government must fortify administrative systems, contribute in
advanced water administration innovations, and advance neighborhood administration support.
Guaranteeing legal oversight and approach integration will be significant for defending the right to
water as a essential human right in IndiaMinistry of Agriculture.

Legal and Judicial Reforms Ensuring the Right to Water in India

The right to water in India has created through a mix of sacred elucidations, administrative
authorizations, legal intercessions, and approach activities. Whereas the Structure of India does not
unequivocally recognize water as a principal right, courts have reliably translated Article 21 (Right
to Life) to incorporate get to to clean and adequate water. Water shortage, contamination, and

175
Ministry of Agriculture, "PMKSY – Annual Report," 2022
176
National Water Development Agency, "River Interlinking Project Status Report (2023)
177
Ministry of Jal Shakti, "NMCG Water Quality Assessment Report (2023)

180
 •
biased conveyance have driven to various lawful challenges, provoking legal activism and
arrangement intercessions. The legal, especially the Incomparable Court and Tall Courts, has
played a essential part in guaranteeing that the state maintains its obligation to give clean and
available water to all citizens.

The Incomparable Court’s point of interest administering in Subhash Kumar v. State of Bihar,
discuss 1991 SC 420, recognized the right to pollution-free water as a essential right beneath Article
21178. This judgment set up a solid establishment for future cases where citizens may request get to
to clean drinking water. In A.P. Contamination Control Board v. Prof. M.V. Nayudu, (1999) 2 SCC
718, the Court reaffirmed that the right to clean water is fundamental for open wellbeing and that
the government must take proactive measures to avoid water pollution179. Essentially, in Narmada
Bachao Andolan v. Union of India, Discuss 2000 SC 3751, the Court recognized the significance
of large-scale foundation ventures for water accessibility but emphasized the require for adjusting
improvement with natural maintainability and the rights of influenced communities180.

The legal has moreover played a significant part in tending to inter-state water debate. In Delhi
Water Supply & Sewage Transfer Undertaking v. State of Haryana, (1996) 2 SCC 572, the
Incomparable Court ruled that no state can deny another state its impartial share of waterway
water181. This guideline was afterward reaffirmed in different debate, counting the Cauvery Stream
Water Debate and the Yamuna River-sharing issues. Be that as it may, in spite of lawful systems
such as the Interstate Stream Water Debate Act, 1956, usage has remained petulant, with visit non-
compliance with tribunal awards182.

In reaction to expanding water contamination and consumption, the Indian legitimate framework
has presented different administrative measures. The Water (Avoidance and Control of
Contamination) Act, 1974, was the to begin with noteworthy law pointed at controlling water
contamination by building up central and state-level Contamination Control Boards183. These
bodies are mindful for setting and upholding contamination control measures. The Environment
(Security) Act, 1986, advance fortified lawful components by enabling the government to take
crisis measures against water contamination and penalize violators184. The National Green Tribunal
(NGT) Act, 2010, given an sped up legal component for tending to natural debate. The NGT has
played an dynamic part in implementing water laws, such as in MC Mehta v. Union of India, where
it forced overwhelming fines on mechanical units contaminating the Ganga River185.

178
Subhash Kumar v. State of Bihar, AIR 1991 SC 420.
179
A.P. Pollution Control Board v. Prof. M.V. Nayudu, (1999) 2 SCC 718.
180
Narmada Bachao Andolan v. Union of India, AIR 2000 SC 3751.
181
Delhi Water Supply & Sewage Disposal Undertaking v. State of Haryana, (1996) 2 SCC 572.
182
Interstate River Water Disputes Act, 1956.
183
The Water (Prevention and Control of Pollution) Act, 1974.
184
The Environment (Protection) Act, 1986.
185
MC Mehta v. Union of India, (2018) 4 SCC 337.

181
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Judicial activism has altogether impacted water administration in urban zones as well. In
Paryavaran Suraksha Samiti v. Union of India, (2017) 5 SCC 326, the Preeminent Court
coordinated state governments to guarantee full treatment of mechanical and household sewage
some time recently releasing it into rivers186. This choice driven to expanded venture in sewage
treatment plants over major cities, in spite of the fact that compliance remains an issue. In
Companions Colony Improvement Committee v. State of West Bengal, (2015) Cal HC 879, the
Calcutta Tall Court tended to the issue of illicit borewell boring, administering that such
unauthorized groundwater extraction abuses citizens' right to water187. The choice driven to stricter
groundwater directions, especially in urban development projects. Despite the presence of
legitimate shields, water administration in India proceeds to confront various challenges. One of
the most squeezing issues is the need of compelling authorization. Whereas courts have issued
dynamic decisions, their execution is regularly powerless due to bureaucratic wasteful aspects and
political impedances. Numerous businesses proceed to discharge untreated effluents into
waterways in spite of Incomparable Court orders. Moreover, groundwater consumption remains a
major concern. India is the world's biggest shopper of groundwater, however administrative
systems for controlling private borewell boring are insufficiently upheld. Legal suggestions, such
as those made in MC Mehta v. Union of India, (2021) SC 327, have called for more grounded laws
to secure groundwater saves, but authoritative activity has been slow188.

Inter-state waterway debate has moreover highlighted the restrictions of existing legitimate
components. The Cauvery, Krishna, and Yamuna water debate have appeared how political
contemplations regularly supersede lawful arbitrations. Whereas the Preeminent Court has ruled in
favor of evenhanded dispersion, states regularly delay compliance with tribunal decisions189. These
calls for critical legitimate changes to guarantee that water-sharing assentions are lawfully
authoritative and enforceable through sacred mechanisms. Another major challenge is quick
urbanization, which has driven to serious strain on civil water foundation. Numerous cities need
satisfactory sewage treatment offices, driving to uncontrolled contamination of streams and lakes.
The government has propelled activities like Namami Gange to clean the Ganga Stream, but
contamination levels in major water bodies stay alarmingly high190. Legal oversight, as seen in
cases like Paryavaran Suraksha Samiti v. Union of India, (2017) 5 SCC 326, has compelled the
government to act, however long-term arrangements require more grounded collaboration between
lawful, authoritative, and natural bodies191.

186
Paryavaran Suraksha Samiti v. Union of India, (2017) 5 SCC 326.
187
Friends Colony Development Committee v. State of West Bengal, (2015) Cal HC 879.
188
MC Mehta v. Union of India, (2021) SC 327
189
Ibid.
190
Namami Gange Programme, Ministry of Jal Shakti, 2014.
191
Paryavaran Suraksha Samiti v. Union of India, (2017) 5 SCC 326.

182
 •
In conclusion, lawful and legal changes concerning the right to water in India have made critical
strides in recognizing, ensuring, and implementing water rights. The legal has been proactive in
connecting Article 21 with the right to water, guaranteeing that the state fulfills its commitments.
Be that as it may, legal proclamations alone are not adequate; they must be supported by strict
authorization, approach mediations, and community interest. The way forward requires reinforcing
water administration laws, empowering preservation through water gathering and wastewater
reusing, moving forward inter-state debate determination components, and upgrading legal
oversight through standard compliance checking. By actualizing these changes viably, India can
guarantee that get to to clean and adequate water gets to be not fair a legitimate guideline but a
reality for all its citizens.

Global Strategies for Ensuring Water Accessibility

Water availability remains a key concern over countries, driving to the execution of differing
lawful, approach, and infrastructural measures to secure water as a principal right. Nations with
dynamic water laws have taken dynamic steps to guarantee maintainable water administration,
evenhanded dispersion, and lawful responsibility. Looking at these activities gives a comparative
system for how diverse lawful and authoritative frameworks address the challenges of water
shortage, defilement, and privatization.

1. South Africa: Sacred Command and Free Fundamental Water Policy

South Africa has one of the most grounded legitimate systems for guaranteeing water openness.
Area 27 of the South African Structure (1996) ensures the right to adequate water, and the Water
Administrations Act, 1997 gives the legitimate premise for impartial get to to clean water192.

The government actualized the Free Essential Water Arrangement (2001), which commands that
each family get 6,000 liters of water per month for free, guaranteeing essential needs are met in
any case of monetary status193. This approach is implemented through metropolitan supply controls,
guaranteeing that indeed devastated communities are ensured access.

Additionally, the point of interest case of Mazibuko v. City of Johannesburg (2009) asserted that
whereas the right to water exists, the government has watchfulness in setting sensible limits,
subsequently strengthening the significance of economical allotment mechanisms194.

2. Australia: Water Markets and Coordinates Asset Management

192
S. AFR. CONST., 1996, § 27.
193
Water Services Act 108 of 1997 (S. Afr.).
194
Mazibuko v. City of Johannesburg, (2009) ZACC 28.

183
 •
Australia, confronting extreme dry seasons, has received a market-based water allotment
framework to guarantee proficient dissemination. Beneath the Water Act, 2007, water privileges
are exchanged in a directed framework to apportion water where it is most required, adjusting
farming, industry, and biological requirements195.

The Murray-Darling Bowl Arrange (2012) is a significant component, setting economical

redirection limits whereas permitting adaptability in water use196. Australia moreover emphasizes
logical water asset administration, utilizing hydrological information and prescient modeling to
control allotments effectively.

3. Bolivia: Water as an Open Great and Community Management

Bolivia’s approach to water openness is established in open control and community support. Taking
after the Cochabamba Water War (2000), the Bolivian Structure (2009) unequivocally recognized
water as a principal human right and disallowed water privatization197. The government rebuilt
water administration by executing freely controlled utilities and enabling community organizations
to oversee nearby water resources.

Municipal specialists guarantee evenhanded conveyance through subsidized estimating structures,

prioritizing reasonableness for lower-income families. Also, Bolivia has centered on rustic water
openness programs, utilizing government reserves and worldwide help to grow foundation in
underserved regions.

4. European Union: Strict Water Quality Guidelines and Natural Protection

The European Union (EU) Water System Mandate (2000) is one of the most comprehensive
authoritative measures for water quality and supportability. It sets exacting controls on
contamination control, maintainable water utilization, and assurance of water bodies198.

Under the order, EU part states must ensure:

• Universal get to to clean drinking water

• Strict mechanical and rural release limits

• Public support in water governance

195
Water Act 2007 (Austl.).
196
Murray-Darling Basin Plan 2012 (Austl.)
197
BOL. CONST., 2009, art. 20.
198
EU Water Framework Directive, 2000/60/EC.

184
 •
The European Court of Human Rights (ECHR) has strengthened these standards in cases such as
Dubetska & Others v. Ukraine (2011), holding governments responsible for water defilement
caused by mechanical activities199.

5. Joined together States: Legitimate Securities and Framework Investment

The Secure Drinking Water Act (SDWA), 1974 is the essential government law guaranteeing water
quality in the Joined together States. It orders the Natural Assurance Office (EPA) to set national
drinking water benchmarks and implement compliance200.

In reaction to the Rock Water Emergency (2014), the US government has expanded ventures in
water foundation, especially supplanting lead channels and progressing water treatment offices.
Claims such as Concerned Ministers for Social Activity v. Khouri constrained state specialists to
take medicinal activities, emphasizing the part of legal oversight in implementing water safety201.

6. Israel: Desalination and Mechanical Innovation

Israel, a water-scarce country, has spearheaded desalination and wastewater reusing innovations to
guarantee maintainable water supply. The Ashkelon and Sorek desalination plants give over 60%
of the country’s drinking water needs, altogether diminishing reliance on common freshwater
sources202.

Additionally, Israel utilizes trickle water system frameworks and progressed water preservation
advances in horticulture, maximizing productivity. Public-private organizations have played a
significant part in subsidizing and keeping up desalination ventures, guaranteeing long-term
sustainability.

7. Canada: Innate Water Rights and Legitimate Protections

Canada has effectively worked to address water rights for Innate communities, numerous of whom
have generally needed get to to clean water. The Secure Drinking Water for To begin with
Countries Act (2013) gives subsidizing and legitimate securities to guarantee clean drinking water
in Inborn reserves203.

199
Dubetska & Others v. Ukraine, App. No. 30499/03, Eur. Ct. H.R. (2011).
200
Safe Drinking Water Act, 42 U.S.C. § 300f (1974) (USA).
201
Concerned Pastors for Social Action v. Khouri, No. 16-10277, 2016 U.S. Dist. LEXIS 56714 (E.D. Mich. Apr. 20,
2016).
202
Israeli Water Authority Report, 2019.
203
Safe Drinking Water for First Nations Act, S.C. 2013, c. 21 (Can.).

185
 •
Additionally, Canada has received a rights-based approach, recognizing that water is fundamental
for Inborn social and vocation hones. In cases like Lush Limits To begin with Country v. Ontario,
courts have maintained Inborn claims against mechanical contamination influencing water
resources204.

India can coordinated components from these models to reinforce its water administration system,
guaranteeing evenhanded get to, supportability, and lawful responsibility. By receiving a cross-
breed approach combining sacred ensures, mechanical progressions, administrative oversight, and
community cooperation, India can move toward a more successful and economical water
administration system.

Way Forward: A Comprehensive Approach to Water Security in India

Water is not just a fundamental need; it is the establishment of life, economic progress, and natural
sustainability. India, in spite of being a water-abundant country, faces a serious emergency due to
over-extraction, contamination, wasteful administration, and biased dissemination. Whereas
protected arrangements and legal points of reference assert the right to water as a essential right
beneath Article 21, its real-world usage remains imperfect. The developing dissimilarity between
provincial and urban get to, exhausting groundwater levels, mechanical defilement of waterways,
and inter-state water debate highlight the critical require for a multi-faceted, noteworthy
methodology that guarantees economical, impartial, and long-term water security. A vigorous way
forward must center on approach usage at the grassroots, regulatory responsibility, legal
requirement, and community support, drawing motivation from both residential best hones and
worldwide models. India must address these challenges with a organized and forward-looking
approach that equalizations financial development with natural conservation.

To start with, policy-level mediations must be made more compelling through appropriate
execution and observing. The Indian government has presented a few water-related plans, counting
the Jal Jeevan Mission, which points to give channeled drinking water to each family, and the Atal
Bhujal Yojana, which centers on groundwater preservation and revive. In any case, the victory of
these approaches depends on their execution at the area and town levels, guaranteeing that reserves
are legitimately utilized, debasement is disposed of, and the plans reach their aiming recipients.
Building up village-level water administration committees, comparable to the Pani Panchayats in
Maharashtra, can engage neighborhood communities to screen and direct water utilization
effectively. Furthermore, required water gathering laws in urban ranges ought to be entirely upheld,
with charge motivating forces given to businesses and lodging social orders that execute feasible
water hones. Cities like Bengaluru and Chennai, which involvement intense water deficiencies,

204
Grassy Narrows First Nation v. Ontario, [2014] SCC 48 (Can.).

186
 •
must consolidate savvy water frameworks, spill location frameworks, and wastewater reusing
plants to guarantee ideal water utilization.

The part of legal intercessions in water administration cannot be exaggerated. The Preeminent
Court and different Tall Courts have reliably maintained the right to clean drinking water as portion
of the right to life, as seen in Narmada Bachao Andolan v. Union of India205 and Subhash Kumar
v. State of Bihar206. Be that as it may, authorization instruments stay powerless, with businesses
proceeding to contaminate streams and illicit groundwater extraction going unchecked. To
reinforce legal oversight, natural courts or fast-track seats for water-related cases ought to be set
up, guaranteeing that infringement are tended to quickly and punishments are viably forced.
Besides, Open Intrigued Litigations (PILs) ought to be energized at the grassroots level to hold
civil bodies and businesses responsible for coming up short to follow to water quality guidelines.
A committed National Water Tribunal, modeled on the National Green Tribunal (NGT), might
serve as an select legal gathering for settling water debate, counting inter-state stream clashes such
as the Cauvery Water Dispute.

India should learn from the global best practices and should offer such a coordinated water
management framework incorporating technology, legal enforcement, and community
participation. To increase accessibility in India, the multi-layered water pricing system may take a
leaf from South Africa's Free Basic Water Policy, which gives each household a minimum quantum
of free water. This goes hand in hand with promoting equity for the economically weaker sections
while discouraging waste from the better-off consumers. The Murray-Darling Basin Plan of
Australia, which allows water trading between farmers, can also be employed as a model to ensure
that those states in India, such as Maharashtra, Rajasthan, and Karnataka, get their fair share of
agricultural water during drought conditions.

The European Union's stringent industrial regulation against water pollution should be adopted in
India by restructuring the Central Pollution Control Board (CPCB) and ensuring the real-time water
monitoring of all industries. Further technological advances made in Israel in desalination and
wastewater recycling need to be studied with the aim of alleviating the water crisis in coastal states
in India such as Gujarat, Tamil Nadu, and Andhra Pradesh. Community water conservation
practices ought to be extended to the grassroots. Old water conservation practices such as Johads
in Rajasthan, step wells in Gujarat, and Eris in Tamil Nadu should be revived along with modern
conservation practices. The Panchayati Raj system should be empowered to regulate major
activities concerning local water bodies for over-extraction and to harmonize the operation of
wastewater treatment plants. Schools and universities ought to adopt a "Water Education" program
that will teach students sustainable uses of water, conservation methods, and control of pollution.

205
Writ Petition (Civil) 328 of 2002
206
1991 AIR 420, 1991 SCR (1) 5

187
 •
The success of community-based water conservation in areas like Hivre Bazar in Maharashtra,
where afforestation and water harvesting have led to raising groundwater levels, shows that the
strength of collectivism can yield very significant results.

Policy intervention and judicial remedies are indeed important, but what lies at the core of effective
water management is, in fact, administrative capacity. Bureaucratic inefficiency, corruption, and
lack of interdepartmental coordination work against a number of India's water projects.
Establishment of a National Water Commission affiliated with NITI Aayog is imperative for
supervising, regulating, and coordinating water management operations within the various
ministries, thus ensuring a harmonious approach. The Ministry of Water Resources should work
hand in glove with the Ministry of Forests, Ministry of Agriculture, and Urban Developments to
strengthen an overall and transversal water policy. Furthermore, a strong emphasis should be given
to data-based decision-making through real-time monitoring of water resources availability and
consumption pattern and pollution level using GIS mapping, satellite imagery, and IoT-based smart
meters in order to bring the best monitoring of water use, availability, and pollution.

Otherwise, interstate participation is an additional basic concern requiring enormous attention.

During these water-sharing sub-continental scuffles involving states like Karnataka-firmly
opposing Tamil Nadu with respect to Cauvery, Punjab-Haryana with regard to Satluj-Yamuna
Interface, and Maharashtra-Gujarat with respect to Narmada-water sharing has perpetually
presented rough sinews to a fortnightly promptness to administrative and public life. The Inter-
State River Water Disputes Act, 1956, must be amended with dispatch to hasten the resolution of
water disputes. A permanent Inter-State Water Commission ought to be put in place to facilitate
agreements, mediate disputes among states, and work towards equitable distribution of river waters
among states. Internationally, the precedent for conflict resolution mechanisms which could be
adopted to resolve India’s inter-State conflicts has been set by Spain and Portugal sharing the Tagus
River through the establishment of a bilateral water-sharing agreement.

Moving forward, it is vital that policy recommendations are underpinned by careful ground-level
assessments and monitoring. A number of water programs that have benefitted many in India have
faced failure due to poor execution, lack of public awareness, and political hindrances. Therefore,
promoting the transparent and accountable allocation of funds for projects would likely prevent the
pilfering of those funds. Moreover, corporations should also be held accountable in terms of water
conservation. Industries must be obliged to adopt Zero Liquid Discharge (ZLD) systems so that no
effluent is discharged untreated into any water body. Companies should be encouraged to fund
Corporate Social Responsibility (CSR) projects related to water conservation, such as the
construction of check dams, afforestation programs, and wastewater treatment plants.

Thus, ensuring water security for all will be a precondition to realizing the vision of Viksit Bharat
2047. Water security demands joint efforts from the State, policy-makers, businesses, communities,

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and individuals. Every single citizen of India must then realize the worth of water, the consequences
of its wanton waste, and the `imperativeness of its preservation. By integrating policy reform with
legal accountability, regulatory reform, and grass-root activism, India can stake its claim as a
pioneer of sustainable water management at the international level. In the words of Franklin, "When
the well is dry, we know the worth of water." India must make use of this wisdom without an iota
of delay if she wants to hand over to her coming generations a land where water will be free,
available, and reasonably managed for everyone.

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LEGAL FRAMEWORK OF CYBERSPACE

Authored by:- Kritika Kushwaha, LLM Student , IILM University (Greater Noida)

Abstract

The rapid expansion of cyberspace has revolutionized various sectors, including commerce,
governance, and national security. However, this digital transformation has also led to an increase
in cyber threats such as hacking, identity theft, ransomware attacks, and online fraud. This study
aims to analyze the legal framework governing cyberspace, focusing on its effectiveness in
addressing cybersecurity, data protection, and regulatory enforcement challenges. The research
investigates both international and national legal structures, highlighting gaps and inconsistencies
in existing cyber laws.

A qualitative research methodology was employed, incorporating a comprehensive review of legal

statutes, international treaties, and case studies. Comparative analysis was conducted to assess the
effectiveness of different legal frameworks across jurisdictions. The findings reveal significant
challenges in the enforcement of cyber laws due to jurisdictional limitations, lack of uniform
regulations, and evolving nature of cyber threats. Moreover, the study identifies key shortcomings
in data protection policies, emphasizing the need for stronger regulatory mechanisms to safeguard
user privacy and mitigate cyber risks.

The research concludes that while existing legal frameworks provide a foundation for addressing
cybercrimes, they require continuous adaptation to keep pace with technological advancements.
Recommendations include harmonizing international cyber laws, enhancing cross-border
cooperation, and implementing more robust cybersecurity policies to ensure digital safety.
Strengthening legal frameworks will not only protect individuals and businesses but also foster
trust in the digital ecosystem.

Keywords: Cyberspace, Cybersecurity, Data Protection, Legal Framework.

Introduction

The rapid expansion of cyberspace has transformed nearly every aspect of human life, from
commerce and communication to governance and national security. However, this digital
revolution has also introduced complex legal challenges, necessitating a structured regulatory
framework to ensure cybersecurity, data protection, and the enforcement of legal rights in the
digital domain. Without clear and enforceable cyber laws, individuals, businesses, and

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governments remain vulnerable to cybercrimes such as hacking, identity theft, ransomware attacks,
and online fraud. The need for robust legal mechanisms has become more pressing as cyber threats
evolve in sophistication, often outpacing existing regulatory measures.

Given the global nature of the internet, cybercrimes frequently transcend national borders, making
enforcement challenging. This has led to the development of both international and national
cyber laws to regulate cyberspace effectively. International agreements, such as the Budapest
Convention on Cybercrime, set the foundation for global cooperation in cyber law enforcement.
Similarly, regional and national laws, such as India’s Information Technology Act, 2000, and the
U.S. Computer Fraud and Abuse Act (CFAA), aim to address cyber threats within specific
jurisdictions. However, these legal frameworks often differ in scope, enforcement capabilities, and

jurisdictional authority, leading to inconsistencies in cyber law governance across different nations.

This chapter examines the existing legal frameworks governing cyberspace at both the
international and national levels. It aims to provide a comparative analysis of key legal instruments,
identifying their strengths and limitations in combating cyber threats. Additionally, it highlights
the jurisdictional challenges in enforcing cyber laws and explores the need for greater
international collaboration to establish uniform legal standards. Understanding these
frameworks is essential in addressing contemporary cybersecurity challenges and ensuring a safer

digital environment for all stakeholders.

International Legal Framework Governing Cyberspace

As the digital world becomes increasingly interconnected, the need for a robust international
legal framework to regulate cyberspace has become more urgent than ever. Cybercrimes, data
breaches, digital espionage, and state-sponsored cyber warfare transcend national borders,
making unilateral regulations ineffective in addressing global cyber threats. Given the rapid
advancements in artificial intelligence, quantum computing, and big data analytics, international
legal mechanisms must evolve to ensure security, privacy, and accountability in cyberspace while
upholding fundamental rights.
This section explores the key international treaties, conventions, and agreements that shape
global cyber law. It examines existing legal frameworks such as the Budapest Convention on
Cybercrime, the Tallinn Manual on Cyber Warfare, and emerging initiatives like the United
Nations' efforts to establish a global cybercrime treaty. Additionally, it highlights the challenges
in harmonizing cybersecurity laws across jurisdictions, addressing digital sovereignty concerns,
and enforcing international cooperation in cyber law enforcement. As cyber threats grow in

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complexity, the effectiveness of international legal frameworks in governing cyberspace will play
a crucial role in shaping the future of digital security and governance.

The Budapest Convention on Cybercrime

The Budapest Convention on Cybercrime, adopted by the Council of Europe in 2001, is the first
and most comprehensive international treaty aimed at addressing cybercrime. It serves as a
foundational legal instrument that facilitates cooperation among nations in investigating,
prosecuting, and preventing cyber offenses. The Convention was developed in response to the
growing threats posed by cybercriminal activities, such as hacking, fraud, child exploitation, and
identity theft, which often operate across national borders. By establishing harmonized legal
standards, the Budapest Convention seeks to ensure that signatory nations have aligned legal
definitions and procedures for cybercrime, thereby promoting global cybersecurity.

One of the key provisions of the Convention is its emphasis on criminalizing specific cyber
activities, including unauthorized access to computer systems, data interference, and
computerrelated fraud. It also mandates that participating countries adopt appropriate procedural
laws to enable the collection and preservation of electronic evidence, crucial for cybercrime
investigations.

Additionally, the Convention facilitates international cooperation by enabling signatory

countries to provide legal assistance, extradite cybercriminals, and exchange critical information
in real-time to combat cyber threats more effectively.

Despite its significance, the Budapest Convention faces several jurisdictional challenges and
criticisms. Many argue that its effectiveness is limited due to the lack of universal adoption, as
several major cyber powers, including Russia and China, have not ratified the treaty. These nations
contend that the Convention was developed primarily by Western countries, without adequate input
from other global stakeholders. Additionally, concerns over sovereignty arise, as the treaty allows
for cross-border investigative measures that some nations perceive as infringing on their national
legal frameworks.

From the perspective of non-member nations, the Budapest Convention represents a model for
international cyber governance, yet it also highlights the difficulty of achieving a truly global
consensus on cyber law enforcement. Some countries prefer to develop regional or bilateral
agreements rather than adhere to a single international framework. As cyber threats continue to
evolve, there is an ongoing debate over the need to update the Convention or establish a new,

more inclusive global cybercrime treaty that better reflects the interests of all nations.

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General Data Protection Regulation (GDPR)
The General Data Protection Regulation (GDPR), enforced by the European Union (EU) in
2018, is one of the most comprehensive data protection laws in the world. While it is an EU
regulation, its scope extends far beyond Europe, as it applies to any organization—regardless of
location—that processes the personal data of EU residents. This extraterritorial reach has made
GDPR a global standard for privacy protection, compelling businesses, governments, and digital
platforms worldwide to align their data policies with its stringent requirements.

At its core, GDPR is designed to empower individuals with greater control over their personal
data while holding organizations accountable for how they collect, store, and use that data. The
regulation establishes key provisions that emphasize transparency, security, and user rights. Some
of the most notable aspects include:

• Data Protection Principles: GDPR mandates that personal data must be processed

lawfully, fairly, and transparently, ensuring it is collected for specific, legitimate purposes.

• User Rights: It grants individuals significant rights over their data, including the right to
access, rectify, erase ("right to be forgotten"), and restrict processing. Users also have

the right to data portability, allowing them to transfer their data between service providers.
• Consent and Accountability: Organizations must obtain explicit consent before

processing personal data, and they must be able to demonstrate compliance with GDPR

through proper documentation and security measures.

• Strict Penalties: Non-compliance can result in severe fines, with penalties reaching up to
€20 million or 4% of a company’s global annual turnover, whichever is higher. These
heavy fines have made GDPR compliance a priority for businesses operating at an
international level.

Beyond the EU, GDPR has influenced privacy laws globally, prompting countries to introduce
or strengthen their own data protection regulations. For example, India’s Digital Personal Data
Protection Act (DPDP), the California Consumer Privacy Act (CCPA) in the U.S., and
Brazil’s LGPD (Lei Geral de Proteção de Dados) have drawn inspiration from GDPR’s
principles. Additionally, multinational corporations have had to revamp their data governance
models to ensure compliance, even if they operate outside the EU.

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Despite its successes, GDPR also presents challenges, particularly for small businesses, startups,
and non-EU countries that may struggle with compliance costs and technical requirements.
Furthermore, the enforcement landscape varies, with some EU member states being more
proactive than others in imposing fines and conducting investigations.

Overall, GDPR has set a global benchmark for data privacy, reshaping how organizations
handle personal information and establishing a legal framework that prioritizes individual rights in
an increasingly digital world. Its long-term impact will continue to shape corporate policies,
government regulations, and international data-sharing practices for years to come.

Other International Cybersecurity Agreements

While the Budapest Convention on Cybercrime and GDPR are among the most recognized legal
instruments in cyberspace, various other international agreements, resolutions, and guidelines
play a crucial role in shaping global cybersecurity norms. These frameworks address cybercrime,
state responsibility in cyberspace, and digital human rights while guiding international cooperation
in law enforcement.

UN Resolutions on Cybersecurity and Digital Human Rights

The United Nations (UN) has increasingly recognized the need for global cybersecurity standards
and the protection of human rights in the digital era. Various UN General Assembly Resolutions
have been adopted to promote responsible state behavior in cyberspace. For instance, the UN
Group of Governmental Experts (UN GGE) on Information Security has developed guidelines
that emphasize state sovereignty, due diligence, and international cooperation in
cybersecurity. The UN has also focused on digital human rights, particularly in resolutions
affirming that online rights must be protected just as they are offline. Issues such as freedom
of expression, privacy, and access to the internet have been key areas of debate, especially
concerning mass surveillance, digital censorship, and data protection.

The Tallinn Manual on Cyber Warfare and International Humanitarian Law

The Tallinn Manual, developed by a group of international law experts under the guidance of the
NATO Cooperative Cyber Defence Centre of Excellence (CCDCOE), serves as a non-binding
legal framework for applying international law to cyber warfare. The first edition (Tallinn

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Manual 1.0, 2013) focused on the laws of armed conflict in cyberspace, while the updated
version, Tallinn Manual 2.0 (2017), expanded its scope to cover peacetime legal principles,
state responsibility, and cyber operations by non-state actors.

Key principles outlined in the Tallinn Manual include:

• Sovereignty and State Responsibility: Governments are responsible for cyber operations
that originate from their territory, even if conducted by third parties.

• Prohibition of Cyber Attacks on Civilian Infrastructure: International humanitarian

law prohibits attacks targeting essential services like power grids, hospitals, and water
supply systems.
• Self-Defense and Countermeasures: Nations may respond to cyberattacks under the
principles of self-defense, provided their actions comply with international law.

While the Tallinn Manual is not a legally binding treaty, it serves as a critical reference for interpreting
how existing laws apply to cyberspace conflicts. However, challenges remain in enforcing these
principles, especially as states develop offensive cyber capabilities and engage in covert digital warfare.

Role of INTERPOL, NATO, and Other International Organizations in Cyber

Law Enforcement

Various international organizations play an essential role in combating cybercrime, ensuring

cybersecurity, and developing legal frameworks for cyber governance.

• INTERPOL: The International Criminal Police Organization (INTERPOL) has been

at the forefront of global cybercrime enforcement, providing cross-border investigative
support, cyber threat intelligence, and operational coordination. INTERPOL’s
Cybercrime Directorate focuses on tackling issues like ransomware, online fraud, and
dark web

activities, facilitating cooperation between law enforcement agencies worldwide.

• NATO (North Atlantic Treaty Organization): As a military alliance, NATO recognizes
cyber threats as a critical security challenge. Its Cyber Defence Policy classifies

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cyberattacks as possible triggers for collective defense under Article 5 of the NATO
Treaty. NATO’s initiatives also include cyber defense exercises, intelligence sharing,

and capacity-building programs for member states.

• Other Organizations: The European Union Agency for Cybersecurity (ENISA) and
the International Telecommunication Union (ITU) work to harmonize cybersecurity
laws, establish best practices, and enhance digital resilience across nations.
Additionally, groups like the G7 and G20 have adopted cybersecurity frameworks to
address issues such as financial fraud, critical infrastructure protection, and
crossborder data sharing.

The legal landscape of cyberspace is continuously evolving, with multiple international

agreements and organizations contributing to cybersecurity governance. However, challenges
remain in terms of jurisdictional conflicts, enforcement mechanisms, and the rapid
advancement of cyber threats. As cyberattacks grow in complexity, stronger international
cooperation, legal harmonization, and policy adaptation will be necessary to ensure a secure,
transparent, and rights-based cyberspace.

National Cyber Laws: Comparative Analysis

As cyber threats continue to evolve, nations worldwide have developed distinct legal frameworks
to regulate cyberspace, combat cybercrime, and protect digital rights. While some countries have
enacted comprehensive cybersecurity laws with strict enforcement mechanisms, others still lack
robust regulations, creating inconsistencies in global cyber governance. The variation in national
cyber laws often leads to jurisdictional conflicts, enforcement challenges, and difficulties in
international cooperation, particularly in cross-border cybercrimes and data privacy issues.
This section provides a comparative analysis of national cyber laws across different jurisdictions,
examining key legislative approaches in leading economies such as the United States (CLOUD

Act, CFAA), the European Union (GDPR, NIS Directive), China (Cybersecurity Law), and India

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(DPDPA, IT Act, 2000). It explores how these legal frameworks address critical issues such as
data protection, cybercrime enforcement, digital sovereignty, and government surveillance.
Furthermore, the section highlights the challenges of achieving a balance between national
security, individual privacy, and business interests while ensuring a harmonized global approach
to cybersecurity regulation.

India’s Information Technology (IT) Act, 2000

The Information Technology (IT) Act, 2000 is the primary legislation governing cyberspace in
India. Enacted to provide legal recognition to electronic transactions, curb cybercrime, and regulate
digital communication, the Act has evolved significantly to address emerging cyber threats and
technological advancements. The IT Act lays the foundation for cybercrime prevention, e-
commerce regulation, and data protection, making it a crucial instrument in India’s digital legal
framework.

Scope and Objectives

The IT Act was introduced with the primary objectives of:

• Recognizing electronic records and digital signatures as legally valid.

• Regulating e-commerce and online transactions by providing a legal framework for
electronic contracts.
• Defining and penalizing cybercrimes, such as hacking, identity theft, phishing, and cyber
terrorism.
• Ensuring data protection and privacy by imposing penalties for unauthorized access, data
breaches, and disclosure of sensitive information.
• Establishing regulatory authorities such as the Cyber Appellate Tribunal (now merged
with the Telecom Disputes Settlement and Appellate Tribunal - TDSAT).

The Act has played a vital role in shaping India’s digital economy, protecting online users, and
ensuring cybersecurity. However, as cyber threats have evolved, amendments have been necessary
to strengthen the legal framework.

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Key Amendments: The IT (Amendment) Act, 2008

Recognizing the gaps in the original IT Act, 2000, the government introduced the IT (Amendment)

Act, 2008, which brought significant changes, including:

• Introduction of Section 66A: Made it an offense to send offensive, false, or misleading

information via electronic means. However, this provision was later struck down by the
Supreme Court in Shreya Singhal v. Union of India (2015) for violating the right to freedom
of speech and expression.
• Recognition of Cyber Terrorism (Section 66F): The amendment included strict penalties

for cyber terrorism, making it punishable with imprisonment for life.

• Expansion of Data Protection Measures (Section 43A): Organizations handling sensitive

personal data were made liable to compensate individuals in case of data breaches or
negligence.
• Strengthening of Cybercrime Penalties: Enhanced provisions for offenses like identity theft
(Section 66C), cheating by impersonation using a computer resource (Section 66D), and
publishing sexually explicit content (Section 67A and 67B).
• Legalization of E-Governance: Provided legal recognition to electronic governance and
communication, allowing government agencies to interact digitally with citizens.

Case Laws and Legal Precedents

Over the years, Indian courts have played a crucial role in interpreting the IT Act and shaping cyber
jurisprudence. Some landmark cases include:

• Shreya Singhal v. Union of India (2015): The Supreme Court struck down Section 66A of
the IT Act, ruling it unconstitutional for restricting free speech.

Avnish Bajaj v. State (2005) – Bazee.com Case: The CEO of Bazee.com was arrested for an
obscene video listed on the platform, highlighting intermediary liability under the IT Act. This case

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later influenced the development of Section 79, which grants safe harbor protection to
intermediaries, provided they comply with due diligence norms.

• Google India v. Visakha Industries (2020): The Supreme Court ruled that intermediaries
can be held liable if they fail to remove defamatory content despite receiving notice,
reinforcing accountability under the IT Act.

United States Cybersecurity Laws

The United States has one of the most comprehensive and evolving cybersecurity legal frameworks,
with both federal and state-level regulations addressing various aspects of cybercrime, data protection,
and national security. US cyber laws focus on preventing unauthorized access to computer systems,
combating cyber threats, and ensuring the privacy of digital communications. Several key legislations,
including the Computer Fraud and Abuse Act (CFAA), the Patriot Act, and the Clarifying Lawful
Overseas Use of Data (CLOUD) Act, shape the country’s cyber governance. Additionally, state-level
cybersecurity laws and
sectorspecific regulations provide further protection in critical industries like finance, healthcare, and
telecommunications.

Computer Fraud and Abuse Act (CFAA)

Enacted in 1986, the CFAA is one of the most significant federal laws governing computer-related

crimes in the US. The law primarily aims to combat unauthorized access to computer systems

and networks. Key provisions of the CFAA include:

• Criminalizing unauthorized access to protected computer systems.

• Prohibiting activities such as hacking, spreading malware, and committing fraud using

digital systems.

• Allowing both criminal prosecution and civil lawsuits against cyber offenders.
Covering government, financial, and corporate systems that are involved in interstate or

foreign commerce.

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Despite its importance, the CFAA has been controversial, particularly due to its broad
interpretation. Critics argue that the law has been used to prosecute individuals for relatively
minor infractions, such as violating website terms of service. In Van Buren v. United States
(2021), the Supreme Court ruled that improper use of authorized access does not necessarily
constitute a violation of the CFAA, providing a narrower interpretation of the law.

The USA PATRIOT Act and Cybersecurity Implications

Following the 9/11 attacks, the Patriot Act (2001) was introduced to enhance national security
measures, including cyber intelligence and surveillance capabilities. Key cyber-related
provisions of the Act include:

• Expanding government surveillance powers to monitor electronic communications and

detect cyber threats.

• Permitting law enforcement agencies to track online activities of suspected criminals.

• Allowing federal authorities to access stored communications with reduced legal
barriers.

However, the Act faced criticism for potentially violating privacy rights, leading to legal
challenges and reforms such as the USA FREEDOM Act (2015), which curtailed the
government’s

mass surveillance powers.

The Clarifying Lawful Overseas Use of Data (CLOUD) Act

The CLOUD Act (2018) was introduced to address the global complexities of data storage and
law enforcement access. As data is often stored across international borders, legal conflicts arise
when foreign governments request access to information held by US-based companies. Key aspects
of the CLOUD Act include:

Granting US law enforcement the authority to access data stored overseas by

American companies, even if the data is held in foreign jurisdictions.

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• Enabling cross-border data-sharing agreements between the US and other countries for
criminal investigations.
• Addressing legal conflicts between privacy laws in different nations, particularly

between the US and the European Union (EU).

The Act has faced opposition from privacy advocates who argue that it undermines data
protection laws in other countries, particularly the EU’s General Data Protection Regulation
(GDPR). However, supporters argue that it streamlines international cooperation in tackling
cybercrime and terrorism.

State-Level Cybersecurity Laws and Sector-Specific Regulations

In addition to federal laws, individual US states have enacted their own cybersecurity
regulations to address data protection and cyber threats. Some of the most significant state laws
include:

• California Consumer Privacy Act (CCPA) (2018): One of the most comprehensive data
protection laws in the US, giving consumers greater control over their personal
information and requiring businesses to be transparent about data collection and usage.
• New York SHIELD Act (2019): Imposes strict cybersecurity standards on businesses
handling New York residents' personal data, ensuring robust protection against data
breaches.
• Texas Cybersecurity Act: Requires government agencies and organizations to implement
strong cyber risk management practices and report cyber incidents.

Additionally, sector-specific regulations govern cybersecurity in critical industries:

• Health Insurance Portability and Accountability Act (HIPAA): Imposes strict rules on

healthcare data protection and digital privacy.

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Gramm-Leach-Bliley Act (GLBA): Regulates cybersecurity in financial institutions,
requiring data security programs to protect customer information.
• Federal Information Security Management Act (FISMA): Governs cyber risk

management for federal agencies and contractors handling government data.

Cyber Laws in the European Union

The European Union (EU) has established a robust legal framework to address cybersecurity threats,
safeguard data privacy, and regulate digital services. Unlike other jurisdictions, the EU follows a
comprehensive and harmonized approach, ensuring that cybersecurity laws apply uniformly across all
member states. Key legislations such as the Network and Information Security (NIS) Directive, the ePrivacy
Regulation, and the Digital Services Act (DSA) define the legal landscape governing cybersecurity and
digital interactions in the EU. Furthermore, EU law differentiates cybersecurity from data privacy, ensuring
that security regulations focus on protecting critical infrastructure and networks, while privacy laws
safeguard personal data and online communications.

The NIS Directive: Strengthening Cyber Resilience

The Network and Information Security (NIS) Directive, adopted in 2016, was the first EUwide cybersecurity
law, aimed at enhancing the cyber resilience of essential services. It requires member states to improve
national cybersecurity strategies, ensuring critical sectors like energy, finance, healthcare, and transport
implement stringent security measures. Key provisions of the NIS Directive include:

• Mandating operators of essential services (OES) and digital service providers (DSPs) to adopt risk

management practices and report cyber incidents.

• Establishing national cybersecurity authorities to oversee compliance.

• Promoting cooperation between EU member states through the EU Agency for

Cybersecurity (ENISA).

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Recognizing the evolving cyber threat landscape, the EU introduced the NIS2 Directive in 2023, expanding
the scope of cybersecurity regulations to cover more industries and introducing stricter enforcement
mechanisms. The updated directive also emphasizes supply chain security and tighter incident reporting
requirements.

The ePrivacy Regulation: Digital Communication Privacy

The ePrivacy Regulation, which complements the General Data Protection Regulation (GDPR), aims to
protect electronic communications and online privacy. While GDPR governs the processing of personal
data, the ePrivacy Regulation specifically regulates how businesses handle electronic communications,
metadata, and online tracking technologies. Key aspects include:

• Stronger consent requirements for tracking technologies like cookies and online behavioral

advertising.

• Protection of communications confidentiality in messaging apps, emails, and voiceoverIP

(VoIP) services.

• Prohibition of unwanted marketing messages unless explicit user consent is obtained.

Though the ePrivacy Regulation is still under negotiation, once enacted, it will create a stricter legal regime
for online data collection and targeted advertising.

The Digital Services Act (DSA): Regulating Online Platforms

The Digital Services Act (DSA), adopted in 2022, establishes a legal framework for online
platforms, social media companies, and digital marketplaces operating in the EU. It ensures greater
accountability for content moderation, cybersecurity, and consumer protection. The DSA applies
to platforms such as Google, Facebook, Twitter, and Amazon, holding them responsible for the
illegal content, disinformation, and cyber threats circulating on their services. Key provisions
include:

Mandatory risk assessments for large platforms to address cybersecurity threats and
disinformation.

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• Transparency in algorithmic decision-making, requiring companies to disclose how they

moderate content.

• Faster removal of illegal content, including hate speech, terrorism-related material, and
cyber fraud.

The DSA works alongside the Digital Markets Act (DMA), which regulates anti-competitive
practices in the digital economy, ensuring a fair and secure online environment.

Cybersecurity vs. Data Privacy: The EU’s Legal Distinction

While cybersecurity and data privacy are closely linked, the EU distinguishes them legally:

• Cybersecurity laws (NIS Directive, DSA) focus on protecting digital infrastructure,

networks, and online platforms from cyber threats, ensuring resilience against
cyberattacks.

• Data privacy laws (GDPR, ePrivacy Regulation) regulate how personal data is collected,

processed, and stored, ensuring individual privacy rights are protected.

By maintaining this distinction, the EU ensures that businesses and organizations comply with
both security and privacy regulations, creating a safer and more transparent digital
environment.

Other Major Jurisdictions

Beyond the European Union, United States, and India, several other major jurisdictions have
developed unique and often strict approaches to cybersecurity and data governance. Countries
like China and Russia emphasize state control and data localization, while regional
organizations like ASEAN, the African Union (AU), and the Gulf Cooperation Council (GCC)

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are working toward regional cybersecurity cooperation. These frameworks influence global
cyber governance, data protection policies, and cross-border digital transactions.

China’s Cybersecurity Law and Data Localization Requirements

China's Cybersecurity Law (CSL), enacted in 2017, is one of the world’s most stringent and
comprehensive cybersecurity laws. It mandates strict controls over data storage, network
security, and online activity within China. Key aspects of the CSL include:

• Data Localization: Companies operating in China must store data related to Chinese
citizens within the country. Transferring data abroad requires government approval,
impacting multinational corporations.
• Network Security Requirements: Businesses must implement strict cybersecurity
standards, including real-name registration, content monitoring, and critical
information infrastructure (CII) protection.

• State Control Over Cyberspace: The Chinese government has broad powers to
regulate online platforms, monitor user activities, and censor content under the pretext
of national security.

The Personal Information Protection Law (PIPL), introduced in 2021, complements the CSL
by strengthening data privacy protections, similar to the GDPR. However, unlike the GDPR,
PIPL prioritizes state access to data over individual privacy rights, reinforcing China’s digital
sovereignty strategy.

Russia’s “Sovereign Internet Law” and Digital Sovereignty Concerns

Russia has taken an aggressive stance toward internet governance and cybersecurity with the
Sovereign Internet Law (2019). This law enables the Russian government to control and
isolate the country’s internet infrastructure, effectively creating a “RuNet” – a self-sufficient
Russian internet. Key provisions include:

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Government-Controlled Internet Infrastructure: The law allows Russia to disconnect

from the global internet in case of a cyber or political crisis, ensuring national control
over digital communication.

• Strict Content Monitoring and Censorship: Internet service providers must comply with
state surveillance mandates, filtering content and blocking websites deemed threatening
to national security.

• Data Localization and Control: Similar to China, Russia requires companies to store
Russian users’ data on domestic servers, limiting foreign influence over digital
platforms.

Russia’s approach has raised concerns over internet freedom, as the government restricts access
to international platforms like Facebook, Twitter, and Google. The law highlights the growing
trend of digital sovereignty, where states assert greater control over cyberspace within their
borders.

Regional Cybersecurity Frameworks: ASEAN, AU, and GCC

While some countries enforce strict national cybersecurity laws, regional organizations are
promoting coordinated cybersecurity policies to address cross-border cyber threats.

• Association of Southeast Asian Nations (ASEAN): ASEAN adopted the ASEAN

Cybersecurity Cooperation Strategy, encouraging member states to harmonize
cybersecurity laws, share threat intelligence, and develop regional incident response
mechanisms. The ASEAN Digital Masterplan 2025 focuses on secure digital economies
and cross-border data protection.

• African Union (AU): The Malabo Convention on Cybersecurity and Data Protection
(2014) is Africa’s first continent-wide framework on cybersecurity. It addresses

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cybercrime, data privacy, and digital transactions but faces challenges due to limited
national implementation across AU states.

• Gulf Cooperation Council (GCC): The GCC promotes cyber resilience in the Middle
East, with countries like Saudi Arabia, UAE, and Qatar enforcing strict cybersecurity
laws to combat cyber threats, financial fraud, and digital espionage. The GCC’s
cybersecurity strategy emphasizes regional collaboration and threat intelligence
sharing.

Challenges in Enforcing Cyber Laws

The enforcement of cyber laws presents significant legal, technical, and jurisdictional
challenges due to the borderless nature of cyberspace and evolving digital threats.
Cybercrimes often transcend national boundaries, making it difficult for law enforcement agencies
to coordinate investigations, prosecute offenders, and uphold legal frameworks. The absence
of global consensus on cybercrime definitions, jurisdictional conflicts, and emerging
technologies further complicates enforcement efforts. This section explores the key challenges
hindering effective cyber law enforcement.

Jurisdictional Conflicts in Cybercrime Investigations

One of the biggest hurdles in cyber law enforcement is jurisdictional ambiguity. Cybercriminals
can operate from one country while targeting victims in another, making it difficult to determine
which nation has the authority to investigate and prosecute. National cyber laws vary widely,
and there is no universal legal framework governing jurisdiction in cyberspace. This creates
conflicts, especially when countries refuse to cooperate on data-sharing or digital evidence
collection due to sovereignty concerns.

For example, a hacker based in Russia or North Korea launching an attack on a US-based
financial institution may not face prosecution if their home country does not have an extradition
treaty with the victim’s nation. This lack of legal reciprocity allows many cybercriminals to
exploit jurisdictional loopholes, evading justice.

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Lack of International Consensus on Cyberwarfare and State-Sponsored Cyberattacks

Unlike traditional warfare, cyberwarfare lacks a universally accepted definition under
international law. While treaties like the Budapest Convention address cybercrime, there is no
binding international agreement regulating state-sponsored cyberattacks. Countries such as
China, Russia, and Iran are often accused of engaging in cyber espionage, infrastructure
attacks, and disinformation campaigns, but legal mechanisms to hold them accountable
remain weak.

The Tallinn Manual on Cyber Warfare provides guidelines on applying international

humanitarian law (IHL) to cyber conflicts, but it is not legally binding. Nations disagree on
what constitutes an “act of war” in cyberspace, leading to diplomatic standoffs rather than
legal enforcement. Without global cooperation, cyberwarfare remains a gray area in
international law, enabling state-backed hackers to operate with impunity.

Issues in Extradition and Cross-Border Prosecution

Cybercriminals often exploit international legal gaps to avoid prosecution, as extradition laws
differ across jurisdictions. While some countries actively cooperate on cross-border
cybercrime cases, others refuse to extradite their citizens or lack the necessary legal
frameworks to do so.

For instance, the CLOUD Act (US) allows American authorities to access data stored by
USbased tech companies, even if the data is located overseas. However, many European
nations oppose such extraterritorial data requests, citing privacy concerns under the GDPR.
This lack of harmonization makes obtaining digital evidence and prosecuting cybercriminals
across borders difficult.

A notorious example is Russia’s refusal to extradite cybercriminals accused of ransomware

attacks on Western institutions. Despite Interpol Red Notices and international arrest warrants,
these individuals remain beyond the reach of law enforcement due to political and legal barriers.

The Problem of Anonymous Cybercrime and Encryption Laws

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The rise of anonymity tools, VPNs, and end-to-end encryption has made it increasingly
difficult for law enforcement to track cybercriminals. Cybercriminals exploit dark web
marketplaces, cryptocurrency transactions, and encrypted communications to evade
detection. While encryption is vital for protecting user privacy, it also prevents authorities
from accessing critical evidence in cybercrime investigations.

Governments worldwide face a delicate balance between protecting digital privacy rights and enabling
lawful access for security purposes. Countries like Australia and the UK have introduced anti-encryption
laws that require tech companies to provide backdoor access to law enforcement. However, this raises
ethical concerns, as such measures could also be exploited by hackers, authoritarian regimes, or
malicious insiders.

Legal Challenges Posed by AI, IoT, and Blockchain Technologies

Emerging technologies like artificial intelligence (AI), the Internet of Things (IoT), and
blockchain introduce new legal and regulatory challenges in cybersecurity. These technologies
are increasingly used in cybercrimes, yet existing laws struggle to keep pace with their rapid
development.

• AI-powered cyberattacks: Hackers are leveraging AI-driven malware, deepfake

scams, and automated phishing campaigns, making cyberattacks more sophisticated
and harder to detect. Legal frameworks lack provisions to regulate AI-based cyber
threats, leaving enforcement agencies unprepared.
• IoT security loopholes: IoT devices, from smart home appliances to industrial sensors,
are highly vulnerable to cyber threats due to weak security protocols. Current cyber
laws often fail to impose strict security standards on IoT manufacturers, leading to
massive data breaches and botnet attacks.

• Blockchain and legal loopholes: While blockchain technology ensures secure

transactions, it is also exploited for money laundering, ransomware payments, and
illicit trade. Many jurisdictions lack clear regulations on how to trace and regulate
crypto-related cybercrimes, complicating enforcement efforts.

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The Need for Harmonization in Cyber Law

In an increasingly digital world, cybercrimes have become borderless, yet cyber laws remain
fragmented and inconsistent across jurisdictions. The lack of a unified legal framework
creates significant challenges in investigating, prosecuting, and preventing cyber offenses.
Without harmonization, cybercriminals exploit legal loopholes, escaping justice by operating from
regions with weak cyber regulations. As digital threats grow in scale and complexity, the global
community must work toward a universal cybercrime framework that ensures consistency,
cooperation, and effective enforcement.

The Argument for a Universal Cybercrime Framework

A universal cybercrime framework would provide common legal definitions, streamlined
procedures for cross-border cooperation, and standardized enforcement mechanisms.
Currently, cyber laws vary widely; for example, while the European Union enforces strict data
protection through GDPR, other countries have less stringent privacy laws, creating
inconsistencies in handling cybercrime cases, data breaches, and digital rights violations. A
harmonized legal framework would help bridge these gaps by ensuring that cyber offenses are
prosecuted uniformly worldwide, regardless of where the crime originates.

The Budapest Convention on Cybercrime, adopted by the Council of Europe, is one of the most
comprehensive international treaties on cybercrime. However, major powers like China, Russia, and
India have not signed it, citing concerns over sovereignty and data-sharing obligations. Without broader
participation, fragmented cyber laws continue to hinder global cybercrime investigations and
enforcement efforts. A truly universal framework would require a global consensus, balancing national
security interests with international cooperation.

Importance of Global Cooperation and Information Sharing

Cyber threats evolve rapidly, making real-time information sharing among nations essential.
Cybercriminals operate through decentralized networks, using advanced techniques like ransomware-
as-a-service (RaaS), deepfake scams, and AI-driven cyberattacks. Without effective intelligence-sharing
mechanisms, countries remain vulnerable to large-scale cyber

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incidents.

Organizations like Interpol, Europol, and the UN Office on Drugs and Crime (UNODC) facilitate
international cooperation in cybercrime investigations. However, many nations remain hesitant to share
critical intelligence due to geopolitical tensions, trust issues, and concerns over data privacy. A
harmonized cyber law framework must encourage transparent and secure information-sharing
protocols, enabling swift action against cyber threats while maintaining individual and national data
protection rights.

For example, cyber threat intelligence-sharing platforms, such as the Cyber Threat Alliance (CTA) and
FIRST (Forum of Incident Response and Security Teams), allow public and private organizations to
exchange real-time cyber threat data. Expanding such initiatives on a governmental level would
strengthen global cybersecurity resilience.

Strengthening Enforcement Mechanisms Through Public-Private Partnerships

Governments alone cannot combat cyber threats effectively. The private sector, including tech
companies, cybersecurity firms, financial institutions, and cloud service providers, plays a critical role in
cyber law enforcement. Many cybercrimes—such as hacking, identity theft, financial fraud, and
ransomware attacks—target businesses and users rather than governments directly. Therefore, public-
private partnerships (PPPs) are essential for enhancing cyber threat detection, incident response, and
legal enforcement.

Tech giants like Google, Microsoft, and Meta invest heavily in cyber defense technologies, AIdriven
threat detection, and security compliance frameworks. However, there remains a gap between
corporate security measures and law enforcement capabilities. Governments must work closely with
private-sector leaders to develop standardized cybersecurity protocols, enforce compliance, and enable
rapid legal action against cybercriminals.

An example of successful public-private cooperation is the No More Ransom Initiative, launched by

Europol and cybersecurity firms to provide free decryption tools for ransomware victims. Expanding such
collaborations globally would strengthen cyber law enforcement efforts and reduce the financial impact
of cybercrimes on individuals and businesses.

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Role of Diplomatic Negotiations in Defining Cyber Norms

As cyber threats escalate, diplomatic negotiations play a crucial role in shaping international
cyber norms and regulations. The United Nations Group of Governmental Experts (UN
GGE) and the Open-Ended Working Group (OEWG) have made efforts to establish global
norms on responsible state behavior in cyberspace. However, major geopolitical players often
disagree on defining cyber warfare, state-sponsored attacks, and digital sovereignty, leading
to gridlock in diplomatic discussions.

For instance, while Western nations advocate for open and transparent internet governance,
countries like China and Russia promote the idea of a "sovereign internet", emphasizing state
control over cyberspace. These conflicting perspectives hinder the formation of a unified
international legal framework. Nevertheless, diplomatic channels remain crucial for negotiating
cyber treaties, establishing rules of engagement in cyber conflicts, and fostering
international

trust.

The Global Commission on the Stability of Cyberspace (GCSC) has proposed norms against
cyberattacks on critical infrastructure, urging nations to refrain from targeting essential
services like power grids, financial systems, and healthcare networks. Strengthening

diplomatic efforts in this direction would help reduce cyber tensions and create enforceable
international agreements.

Conclusion

As cyberspace continues to expand, cyber laws have evolved globally to address the growing
risks of cybercrime, data breaches, and digital threats. At the international level, key legal
frameworks such as the Budapest Convention on Cybercrime, the UN resolutions on
cybersecurity, and regional agreements like the EU’s NIS Directive play a crucial role in
shaping cyber governance. Meanwhile, national legislations, such as India’s IT Act, the U.S.
Computer Fraud and Abuse Act (CFAA), the EU’s GDPR, China’s Cybersecurity Law, and
Russia’s Sovereign Internet Law, reflect diverse approaches to regulating cyberspace, data

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protection, and cybercrime enforcement. These laws, while effective in many aspects, remain
fragmented, leading to jurisdictional conflicts and enforcement challenges.

Despite these legal frameworks, critical enforcement gaps persist. Jurisdictional limitations
make it difficult to investigate and prosecute cybercriminals operating across borders. The
lack of international consensus on state-sponsored cyberattacks and cyberwarfare further
complicates enforcement, with major powers often disagreeing on the definition and response to
cyber conflicts. Additionally, extradition challenges and the anonymity of cybercriminals,
enabled by encryption and dark web technologies, hinder law enforcement efforts. Rapid
advancements in AI, IoT, and blockchain technologies also present new legal and regulatory
dilemmas, requiring constant adaptation of cyber laws to emerging threats.

Moving forward, future research and legal reforms must focus on harmonizing international
cyber laws, enhancing global cooperation, and strengthening enforcement mechanisms.

There is a growing need for a universal cybercrime framework, which could standardize
definitions of cyber offenses and facilitate cross-border legal collaboration. Strengthening
public-private partnerships between governments, cybersecurity firms, and technology
providers is crucial to improving threat intelligence-sharing, rapid response capabilities, and
cyber defense mechanisms. Diplomatic efforts must also be directed toward establishing global
cyber norms to reduce conflicts and create enforceable regulations for digital sovereignty.

In conclusion, while significant progress has been made in the field of cyber law, gaps in
enforcement, legal inconsistencies, and emerging threats require continuous refinement of
legal frameworks. A unified, cooperative approach is essential to creating a safer, more
resilient cyberspace, ensuring both security and digital rights in an interconnected world.

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LEGAL IMPLICATIONS OF REMOTE WORK – NEVIGATING

CHALLENGES IN THE POST- PENDAMIC ERA

Authored by :- Palak sharma , BBA LLB Student , Ramaiah institute of legal studies

Abstract
The COVID-19 epidemic has sped up the transition to remote work and presented new legal issues
for both employers and workers. The legal ramifications of working remotely are examined in this
article, along with contracts, employee rights, labor laws, and regulations. Current legal
frameworks need to change to reflect the reality of remote employment as it becomes more
commonplace. Clear agreements on work hours, performance standards, communication
procedures, and data security are essential components of contracts for remote labor. Contracts
must examine employee rights, such as equitable benefits, health and safety, and privacy
protection, and take into account the special requirements of remote work. They must also include
jurisdiction, cross-border labor laws, and enforcement. The difficulties of overseeing a worldwide
workforce are covered in the essay, along with issues including overtime compensation, work
schedules, and employee categorization in remote settings. It also draws attention to the difficulties
associated with social security contributions, tax compliance, and the dangers of cross-border
work. Employers have to strike a balance between productivity, regulatory compliance, and
flexibility. In order to guarantee equitable treatment and operational effectiveness, promote
employee well-being, and maintain legal compliance in the post-pandemic environment, the paper
promotes updated legal frameworks and unambiguous remote work contracts.

Keywords- Workplace landscape, Employee regulation, Employee classification,

Complexities, Compliance, Compensation

INTRODUCTION
Remote labor has become more popular as a result of the COVID-19 epidemic, which has serious
legal ramifications for both employers and workers. New working patterns and technology
breakthroughs require that the legal frameworks regulating remote employment change. This
article examines the legal issues that companies and workers encounter while working remotely,
such as labor regulations, cybersecurity issues, employment contracts, and telecommuting
difficulties. It offers a thorough analysis of the state of the law today, including subjects like labor
legislation, cybersecurity, and employee rights.

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Remote Work’s Surge- The New Workplace Reality

Prior to the epidemic, remote work was becoming more and more popular in the marketing,
banking, and technology sectors. However, several businesses resisted because of worries about
workplace culture, communication, and productivity. The rapid transition to remote work brought
about by the COVID-19 epidemic prompted companies to use digital solutions for remote
collaboration and communication.

Organizations have found that remote work improves work-life balance, flexibility, and job
satisfaction. Companies have benefited from lower office space costs and easier access to a
worldwide talent pool. But the change has also presented new difficulties, especially with regard
to legal matters. Businesses and employees must deal with concerns including creating contracts
for remote work, protecting employee rights, maintaining cybersecurity, and adhering to labor
regulations in many countries as remote work continues to rise.

Rethinking Employment Contracts- Adjusting To A Remote Workforce

Modernizing employment contracts to account for the subtleties of working outside of
conventional office settings presents a legal difficulty in the context of remote work. As remote
work becomes increasingly common, traditional office-based contracts that were created for onsite
work must change to fit a flexible, dispersed workforce.

Important Aspect Of Remote Work Contracts

1. Location Of Work- Employees may select where they work remotely, whether it's from
home, a coffee shop, or another nation. While remote work contracts must outline the planned
work location and allow for work from other areas, traditional employment agreements have set
work locations. Establishing rules for working from overseas is essential because of possible tax
and legal ramifications.

2.Work Hours And Flexibility- While working remotely might be more

flexible, it can also lead to misunderstandings regarding working hours. Employers should make
it clear to staff members whether they are required to adhere to regular office hours or whether
they are free to choose their own schedules. Expectations for availability should be explicitly stated
in contracts, particularly for teams that use synchronous communication. Contracts for remote
employment should include have overtime regulations to assist workers in juggling their home and
professional lives.

3.Provision Of Equipment And Reimbursement- Although employers

usually give their workers office supplies, phones, and laptops, remote workers must define who
is responsible for what. While some businesses demand their staff to use their own devices, others
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provide the equipment. Contracts should list equipment suppliers and provide coverage for related
expenses such as electricity, internet, and office supplies.

4.CONFIDENTIALITY AND DATA SECURITY- Because remote workers may

access private information from unprotected networks, there are additional dangers to the security
of sensitive data. Employers should implement data protection rules, and contracts for remote work
should place an emphasis on data security procedures, encrypted communication technologies,
secure VPNs, and secrecy.

5.TERMINATION AND DISPUTE RESOLUTION- Like typical employment

agreements, remote work contracts should specify termination conditions and dispute resolution
procedures in detail, particularly for employers and employees in separate jurisdictions.

international employment law considerations

To guarantee that contracts adhere to local laws and handle cross-border concerns like taxes,
remuneration, and employee benefits, businesses that hire remote workers across nations must
overcome labor regulations, including worker categorization, taxation, and benefits.

Employee Rights In Remote Work- Ensuring Fair Treatment And Safety

Employers must make sure that employee rights, such as those related to health, safety,
antidiscrimination, and well-being, are respected since remote employment increases these issues.

Health And Safety Consideration

Employers are required by law to protect their workers' health and safety, particularly when they
work remotely. Given that employers have little control over the environment in which employees
work from home, contracts for remote work should include provisions pertaining to health and
safety. Employers are required to carry out risk assessments and guarantee safety requirements,
such as appropriate ergonomics and electrical safety, in certain nations, such the UK. Employers
may be required to provide stipends or reimbursement for necessary equipment in order to help
remote workers set up a secure and pleasant home office. Remote workers should also get training
on prevalent risks.

Anti-Discrimination Protections And Equal Treatment

Anti-discrimination rules must be followed when working remotely to avoid unjust treatment on
the basis of gender, age, handicap, color, or religion. Equal treatment for remote workers should
be guaranteed by employers, including equal chances for training, promotions, and career
advancement. By creating an inclusive workplace culture and guaranteeing remote workers equal
access to opportunities, employers may avoid creating a separation between in-office and remote
workers.

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Mental Health And Work Life Balance

Although working remotely might be more flexible, it can also make it harder to distinguish
between work and personal life, which can result in burnout. Employers have an obligation to
promote breaks, uphold limits, and assist in stress management for remote workers in order to
support their mental health. France and other nations have enacted laws safeguarding employees'
"right to disconnect," a notion that is becoming more and more popular around the world as
companies and workers realize the dangers of being constantly "on" when working remotely.

Cybersecurity And Data Privacy- Safeguarding Sensitive Information

Employees operating remotely from several places and utilizing personal devices or home
networks present a serious cybersecurity risk. As they adjust to this new workplace, businesses
must make sure remote work agreements adhere to cybersecurity best practices and data protection
requirements.

Employer responsibilities
Employers must adhere to laws like the CCPA and GDPR in order to secure the private
information of their workers and critical company data. Employers should utilize VPNs, secure
devices, and encryption for sensitive conversations to guarantee data safety. It's also essential to
receive regular training on cybersecurity best practices, such as how to spot phishing efforts, create
strong passwords, and protect home networks. To adhere to data privacy regulations, these steps
have to be included into a more comprehensive remote work strategy. Employee responsibilities
By utilizing business-issued equipment, making sure internet connections are secure, and adhering
to cybersecurity policies, remote workers are accountable for safeguarding company data. They
need to be mindful of possible hazards such as illegal access, weak passwords, and public Wi-Fi.
In order to reduce the risk of cybersecurity breaches, employers may ask remote workers to sign
contracts that clearly define their obligations for data protection.

Labour Laws And Remote Work- Understanding Global Employment

Regulations
Given the global nature of the workforce and the need to comprehend the legal intricacies of cross-
border employment, companies must make sure that remote work complies with labor laws in
many countries and regions as it becomes more common.

Worker classification- employees v. independent contractors

A major labor law concern is the misclassification of remote workers as independent contractors
or employees, particularly in sectors like technology and creative services. To prevent financial
fines, legal issues, and demands for underpaid benefits like health insurance, retirement

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contributions, and paid time off, employers need to be aware of local legal requirements. Taxes
and benefits that are not paid might result from misclassification.

Working hours and overtime regulations

Remote workers are subject to labor rules that govern working hours and overtime; many
jurisdictions have weekly work limit restrictions and mandate fair overtime pay. Accurate
monitoring systems must be put in place by businesses to guarantee legal compliance. Employers
must prohibit remote workers from going over the weekly hours limitations and provide them with
the necessary overtime compensation under the European Union's Working Time Directive.

Conclusion- The Future Of Remote Work And Legal Compliance

Due to the growing importance of remote work in the global workforce, businesses must manage
complicated legal issues. This entails drafting thorough contracts and making sure that labor laws
and cybersecurity requirements are followed. The laws that regulate remote work are changing
along with it. To maintain justice and the integrity of the law, governments, corporations, and
employees must adjust. Businesses may establish a flexible, safe, and legal workplace by
remaining informed and using best practices. Employers may assist their staff and establish a long-
lasting, productive remote workforce by being aware of and responding to these legal
ramifications.

References-
Online References-
https://www.bls.gov (BUREAU OF LABOR STATISTICS0
https://pmc.ncbi.nlm.nih.gov (NATIONAL INSTITUTES OF HEALTH)
https://www.mckinsey.com (MCKINSEY&CO)

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INTELLECTUAL PROPERTY RIGHTS (IPR) AND ITS

JUDICIAL CHALLENGES
Authored by:- Amandeep, Assistant Professor, IILM, Greater Noida

Abstract
Intellectual Property Rights (IPR) forms the pillar of modern development creativity, economic
growth, innovation and technological improvements. These rights include Copyrights, patents,
trademarks, and trade secrets, confirm that inventors and creators receive recognition and financial
profits for their work. Even though, well-established legal frameworks at both international and
national; the enforcement of IPR remains a substantial challenge. Various judicial hurdles obstruct
the effective protection of intellectual property, raising apprehensions over the efficiency of
existing legal mechanisms.

One of the major judicial responsibilities in IPR enforcement is the lengthy and complex process.
Intellectual property disputes often involve technical and legal complexities, requiring expertise
that many courts lack. The backlog of cases in courts further delays justice, making litigation an
unattractive option for many rights holders. Additionally, jurisdictional conflicts pose a
considerable challenge, especially in the era of globalization and digitalization. Since intellectual
property infringement frequently occurs across borders, different national laws and enforcement
standards complicate legal proceedings. The lack of uniformity in IPR regulations among countries
makes it difficult to prosecute offenders effectively.

Moreover, the rise of digital technologies and online platforms has exacerbated IPR violations,
particularly in the form of digital piracy and counterfeiting. Copyright infringement through
unauthorized distribution of digital content, such as music, movies, books, and software, remains
rampant. The anonymity of online infringers and the global nature of the internet make it difficult
for enforcement agencies to track and penalize offenders. Counterfeiting of branded goods,
facilitated by e-commerce platforms, further challenges are trademark enforcement. Many online
marketplaces struggle to implement adequate safeguards against counterfeit sales, leaving brand
owners with limited legal recourse.

Another critical challenge is the lack of specialized knowledge and expertise among judges and
legal practitioners handling IP disputes. Intellectual property cases often require technical
understanding, particularly in patent law, where scientific and technological expertise is necessary
to assess claims. The absence of dedicated IP courts or trained judges results in inconsistent
rulings, affecting legal predictability and fairness.

This paper examines key judicial challenges in IPR enforcement through landmark case studies,
such as Google v. Oracle, Apple v. Samsung, and Tiffany & Co. v. eBay. It further explores
potential solutions, including the establishment of specialized IP courts, enhanced cross-border

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legal cooperation, and the integration of artificial intelligence (AI) and block-chain for tracking
and protecting intellectual property. By addressing these challenges, judicial systems can
strengthen IPR enforcement and support innovation-driven economies.

Introduction
Intellectual Property Rights (IPR) serves as the cornerstone of modern innovation, providing legal
protections that incentivize creativity, technological advancements, and economic progress. These
rights grant inventors, creators, and businesses exclusive control over their intellectual assets,
ensuring that their efforts and investments are safeguarded from unauthorized use or exploitation.
IPR encompasses a broad spectrum of legal protections, including patents, which secure
inventions and technological breakthroughs; copyrights, which preserve the originality of literary,
artistic, and digital works; trademarks, which protect brand identities and commercial goodwill;
and trade secrets, which shield proprietary business information from competitors. These rights
foster a climate of innovation by rewarding originality and encouraging businesses to invest in
research and development.

However, despite the robust legal frameworks established at both national and international levels,
the enforcement of IPR remains a formidable challenge, plagued by judicial inefficiencies
and evolving technological threats. One of the most significant hurdles in IPR enforcement is
the complexity and protracted nature of litigation. Intellectual property disputes often require
a nuanced understanding of both legal principles and technical subject matter, yet many courts
lack specialized expertise, leading to inconsistent rulings and prolonged case resolutions.
Furthermore, cross-border jurisdictional conflicts complicate enforcement, as intellectual
property infringement frequently transcends national boundaries. Divergent legal standards and
regulatory frameworks across different countries make it difficult to prosecute infringers operating
in multiple jurisdictions, thereby weakening the global enforcement of IPR.

In addition to judicial inefficiencies, the rise of digital technologies and the internet has
exacerbated intellectual property violations, particularly in the form of online piracy,
counterfeiting, and unauthorized content distribution. The digital economy has created vast
opportunities for creators and businesses, but it has also facilitated rampant copyright
infringement, making it increasingly difficult to regulate and penalize offenders. E-commerce
platforms have become breeding grounds for counterfeit products, challenging brand owners in
their efforts to protect trademarks and consumer trust. Moreover, the emergence of artificial
intelligence (AI)-generated content has introduced new complexities in copyright law, raising
pressing questions about ownership and the scope of intellectual property protection in the AI era.

Given these challenges, it is imperative to explore effective judicial mechanisms, legal reforms,
and technological innovations that can enhance IPR enforcement. This paper seeks to provide an
in-depth analysis of the judicial roadblocks hindering effective IPR enforcement, examine
landmark legal precedents and case studies, and propose strategic solutions to improve the
efficiency of judicial processes in handling IP disputes. Strengthening IPR enforcement is not

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merely a legal necessity but a critical step toward fostering an innovation-driven global economy
where intellectual creativity is duly recognized and protected.

Objectives
This research paper aims to:

Conduct a comprehensive analysis of the judicial challenges that impede effective IPR
enforcement.

Examine significant case studies and legal precedents that highlight inconsistencies and hurdles
in IPR litigation across different jurisdictions.

Propose viable legal and technological solutions to enhance the efficiency and reliability of
judicial processes in handling intellectual property disputes.

Understanding Intellectual Property Rights

The legal framework governing Intellectual Property Rights (IPR) varies across jurisdictions,
but it generally comprises the following key protections:

Patents: Grant inventors exclusive rights to produce, use, and commercialize new inventions,
fostering technological advancements and industrial innovation.

Copyrights: Safeguard original creative works, including literature, music, films, and software,
ensuring that creators maintain control over their intellectual output.

Trademarks: Protect distinctive symbols, logos, brand names, and other identifiers that
distinguish goods and services in the marketplace.

Trade Secrets: Preserve confidential business information—such as formulas, manufacturing

processes, and proprietary data—providing companies with a competitive advantage.

The international legal framework for IPR is primarily governed by treaties such as the TRIPS
Agreement (Trade-Related Aspects of Intellectual Property Rights), the Berne Convention,
and WIPO-administered regulations. While these treaties establish standardized legal
protections, enforcement remains inconsistent due to variations in national laws, judicial
interpretations, and regulatory implementations. Addressing these disparities is crucial to ensuring
a more cohesive and effective global intellectual property regime.

Judicial Challenges in IPR Enforcement

Despite the existence of well-established legal frameworks, the enforcement of Intellectual
Property Rights (IPR) remains a complex and challenging process worldwide. The effectiveness
of IPR laws is often undermined by judicial inefficiencies; cross-border jurisdictional conflicts,
technological advancements that facilitate infringement, and gaps in legal expertise. These
challenges not only hinder the protection of intellectual property but also discourage innovation

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and economic investments. This chapter explores the primary judicial obstacles affecting IPR
enforcement.

Lengthy Legal Proceedings

One of the most significant judicial challenges in IPR enforcement is the lengthy and complex
nature of litigation. Intellectual property disputes, particularly those involving patents and
copyrights, often take several years to resolve, making legal action an unattractive option for
innovators and businesses. This delay is primarily caused by the following factors:

Case backlog in courts: Many judicial systems are overwhelmed with pending cases, leading to
prolonged litigation periods for IP disputes.

Lack of specialized IP courts: In many jurisdictions, IP cases are handled by general courts that do
not prioritize intellectual property matters, further delaying resolutions.

Procedural complexities: IP cases frequently require expert opinions, technical assessments, and
extensive documentation, adding to the time-consuming nature of litigation.

As a result, prolonged litigation dissuades rights holders from pursuing legal action, allowing
infringers to continue unauthorized use of intellectual property without immediate consequences.

Cross-Border Jurisdiction Issues

In an increasingly globalized economy, IPR enforcement is often hindered by jurisdictional
conflicts. Intellectual property infringement frequently occurs across multiple countries, especially
in cases of digital piracy, counterfeiting, and patent disputes involving multinational corporations.
However, due to differences in national IP laws, legal interpretations, and enforcement
mechanisms, prosecuting infringers who operate across borders presents major difficulties.

Key challenges in cross-border IPR enforcement include:

Conflicting national regulations: Countries have different standards for granting and enforcing
IPR, making legal harmonization difficult.

Lack of international enforcement mechanisms: While treaties such as the TRIPS Agreement aim
to standardize IP protections, enforcement remains a national responsibility, leading to
inconsistencies.

Extraterritorial limitations: Courts often lack jurisdiction over foreign entities, making it
challenging to take legal action against international infringers.

Without stronger international cooperation and mutual legal assistance, IP rights holders struggle
to enforce their claims beyond domestic borders.

Digital and Online Piracy

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The digital revolution has transformed the way intellectual property is created, distributed, and
consumed. However, it has also given rise to widespread copyright infringement, digital piracy,
and unauthorized content sharing. The internet has made it easier than ever to reproduce and
distribute copyrighted materials, often with little to no accountability for the infringers.

Key challenges in digital IPR enforcement include:

Anonymity of online infringers: Many piracy websites and file-sharing platforms operate
anonymously, making it difficult to track and prosecute those responsible.

Global accessibility of pirated content: Digital piracy enables users worldwide to access
copyrighted material illegally, often beyond the reach of national copyright laws.

Limitations in technology enforcement: Despite advancements in content recognition algorithms

and automated copyright detection, infringers continuously find ways to bypass detection
mechanisms.

Copyright enforcement in the digital age requires innovative legal solutions, such as improved
anti-piracy regulations, enhanced digital tracking technologies, and stronger cooperation between
governments and technology companies.

Counterfeiting and Trademark Violations

Counterfeiting and trademark violation have develop multi-billion-dollar global industries,
severely undermining brand proprietors and customer trust. According to reports, the global trade
in counterfeit goods surpasses $500 billion annually, affecting businesses such as pharmaceuticals,
fashion, electronics, and luxury goods. Counterfeit products not only result in financial losses for
legitimate businesses but also pose health and safety risks to consumers, especially in sectors like
drug and locomotive parts.

Judicial challenges in combating counterfeiting include:

Weak enforcement in certain jurisdictions: Some countries have inadequate trademark protection
laws, making it easier for counterfeiters to operate with impunity.

Online marketplaces facilitating counterfeit sales: E-commerce platforms have become hotspots
for fake goods, as enforcement mechanisms struggle to keep pace with the vast number of listings.

Difficulties in tracking supply chains:

Counterfeiters often function through complex international networks, making it challenging to
identify and dismantle their operations.

Effective cross-border cooperation, stringent online marketplace regulations, and increased

penalties for forged trade are important to tackling this issue.

Lack of Judicial Expertise in IP Cases

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Intellectual property law is highly specialized, requiring judges and legal practitioners to have a
deep understanding of technical, artistic, and business-related aspects of intellectual property.
However, in many jurisdictions, judges presiding over IP cases do not possess the necessary
expertise, leading to inconsistent rulings and unpredictable legal outcomes.

Problems caused by judicial inexperience include:

Misinterpretation of technical patent claims: Patent disputes often involve complex scientific and
technological innovations, which generalist judges may struggle to evaluate accurately.

Lack of uniformity in copyright rulings: Courts may issue contradictory decisions on similar
copyright infringement cases due to varying interpretations of fair use and originality.

Inadequate damage assessments: Judges unfamiliar with IP valuation methods may miscalculate
financial damages, either undercompensating or excessively penalizing parties.

Establishing specialized IP courts, mandatory judicial training programs, and expert advisory
panels could improve the consistency and effectiveness of IP litigation.

Ambiguity in AI-Generated Works

The rise of artificial intelligence (AI) in creative and technological fields has introduced new legal
challenges in determining IP ownership. AI-generated content—ranging from art, music, and
literature to software code and inventions—raises critical questions about whether machines,
developers, or users should be recognized as the rightful owners.

Unresolved legal challenges regarding AI-generated works include:

Lack of clear international consensus: Legal systems worldwide have no uniform approach to
granting IP rights for AI-generated content. Some countries, like the U.S., require a human author,
while others, like the U.K., allow AI-assisted copyright claims.

Challenges in patenting AI-generated inventions: Can an AI system be listed as an inventor on a

patent? Courts in various jurisdictions have ruled differently, highlighting the need for legal clarity.

Ownership disputes between developers and AI users: If an AI tool creates an artwork or writes
software code, should the developer, user, or AI itself hold copyright ownership? Existing laws
provide no definitive answers.

As AI technology continues to advance, IPR frameworks must evolve to address emerging legal
ambiguities, establish clear ownership rights, and ensure fair recognition of AI-generated
innovations.

Case Studies in Judicial Challenges of IPR Enforcement

Examining real-world legal disputes helps illustrate the complex judicial challenges associated
with enforcing Intellectual Property Rights (IPR). High-profile cases demonstrate how courts
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handle key issues such as copyright in software, patent disputes, and liability for counterfeits.
The following case studies provide insight into landmark legal battles, judicial interpretations,
and the implications for IPR law enforcement.

Google LLC v. Oracle America, Inc. (2021) – Software Copyright and Fair Use

Background
The Google v. Oracle case was one of the most consequential legal battles in software copyright
law. The dispute began when Oracle sued Google for allegedly infringing upon its Java APIs
(Application Programming Interfaces) while developing the Android operating system. APIs
are sets of code that allow different software programs to communicate with each other, and
their copyright ability has been a debated issue in intellectual property law.

Oracle claimed that Google's use of 11,500 lines of Java API code without a license constituted
copyright infringement, seeking billions of dollars in damages. Google, on the other hand, argued
that APIs were functional elements of programming and should not be copyrightable or,
alternatively, that its use fell under the fair use doctrine.

Judicial Challenges and Ruling

The case went through multiple courts, with the U.S. Federal Circuit Court ruling in Oracle's
favour, stating that APIs were protected under copyright law.

However, in April 2021, the U.S. Supreme Court overturned this decision, ruling in a 6-2
verdict that Google’s use of Java APIs was covered under fair use. The Court concluded that:

APIs enable interoperability, making them essential for software development.

Google's implementation transformed the Java code into a new product (Android OS), which
benefited the public.

Copyright protection should not limit innovation and hinder competition in the software
industry.

Implications for IPR Enforcement

The ruling redefined copyright standards for software development, limiting the scope of
copyright protection for APIs.

It set a legal precedent for fair use in the tech industry, encouraging open innovation while
balancing the rights of software developers.

However, it also raised concerns for companies relying on copyright protection to monetize
software, indicating potential challenges in future enforcement of software-related IPR.

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Apple Inc. v. Samsung Electronics Co. (2012-2018) – Patent Infringement in the

Tech Industry

Background
The Apple v. Samsung lawsuit was one of the most notorious patent disputes in history,
involving multiple lawsuits across different countries. Apple sued Samsung in 2011, claiming
that Samsung’s smartphones copied key design and interface elements of the iPhone, including:

• Rounded rectangle design

• Slide-to-unlock feature
• App icon grid layout

Samsung countersued, arguing that Apple had also infringed on its wireless communication
patents. The case quickly escalated, involving more than 50 lawsuits worldwide across
jurisdictions including the United States, South Korea, Germany, and Japan.

Judicial Challenges and Ruling

In 2012, a U.S. jury awarded Apple $1.05 billion in damages, concluding that Samsung had
copied iPhone designs.

Over the years, the case went through multiple appeals and retrials, with damages being reduced
and reinstated several times.

The case was finally settled in 2018, though the exact terms were not disclosed.

Implications for IPR Enforcement

Proving patent infringement in design cases is highly complex, as courts must determine what
qualifies as an original design versus functional necessity.

The case highlighted inconsistencies in patent laws across jurisdictions, as different courts
ruled differently based on their national patent standards.

It also revealed challenges in quantifying damages for IPR violations, as Apple and Samsung
debated over fair compensation.

Tiffany & Co. v. eBay Inc. (2010) – Online Marketplaces and Liability for
Counterfeits

Background

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The Tiffany & Co. v. eBay case dealt with trademark infringement and counterfeit sales on
online platforms. Tiffany & Co., a luxury jewellery brand, sued eBay, alleging that the platform
facilitated and profited from counterfeit Tiffany products being sold by third-party vendors.

Tiffany argued that:

eBay should be held liable for counterfeit listings, as it provided a marketplace where
counterfeit goods were sold.

The company did not take sufficient measures to prevent fake Tiffany products from being
sold.

eBay, on the other hand, claimed that:

It was only an intermediary, not a seller, and thus should not be responsible for the actions of
third-party sellers.

It had already implemented anti-counterfeiting measures, such as removing fake listings when
notified.

Judicial Challenges and Ruling

In 2010, the U.S Second Circuit Court ruled in favour of eBay, stating that:

eBay was not directly liable for trademark infringement since it did not manufacture or sell
counterfeit goods.

eBay had responded adequately by removing counterfeit listings when reported.

The court did not require eBay to proactively police every listing, placing the burden of
enforcement on trademark owners like Tiffany.

Implications for IPR Enforcement

The ruling set a legal precedent for online marketplace liability, limiting platform
accountability for counterfeits sold by third-party vendors.

It emphasized the need for brands to actively monitor and report fake products, rather than
relying solely on platforms.

However, it raised concerns about the growing difficulty of combatting counterfeit sales in e-
commerce, as platforms are not obligated to proactively remove counterfeit listings.

These case studies illustrate the diverse and evolving challenges in enforcing IPR across
different industries. The Google v. Oracle case highlights the complexity of copyright in the
digital age, particularly in software development. The Apple v. Samsung case demonstrates the
difficulties of enforcing design patents in a globalized tech industry. Finally, Tiffany & Co. v.
eBay underscores the legal challenges in controlling counterfeits in online marketplaces.
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Each case reflects key weaknesses in existing judicial frameworks, including lengthy legal
battles, jurisdictional inconsistencies, and the challenge of adapting IP laws to new
technologies. As intellectual property law continues to evolve, policymakers and legal systems
must refine enforcement mechanisms to ensure fair protection for rights holders while fostering
innovation and global commerce.

Legal Reforms and Recommendations

In order to overcome the judicial challenges associated with Intellectual Property Rights (IPR)
enforcement, the following key reforms are necessary:

Establish Specialized IP Courts

One of the primary challenges in IPR enforcement is the lack of judicial expertise and lengthy
legal proceedings. Establishing dedicated IP courts with trained judges can lead to faster,
more efficient, and consistent rulings. These courts should have specialized judges with deep
knowledge of patent, trademark, and copyright laws. Countries like the United States, China,
and Germany have already implemented dedicated IP courts, significantly reducing litigation
time.

Strengthen International Cooperation

As IPR violations often occur across multiple jurisdictions, cross-border cooperation is essential.
International treaties such as the TRIPS Agreement, the Berne Convention, and the Madrid
Protocol set the foundation for global IP protection. However, harmonization of legal
frameworks is required to streamline enforcement and prevent infringers from exploiting legal
loopholes. Countries should collaborate on anti-counterfeiting efforts, share IPR databases,
and establish international arbitration mechanisms to settle disputes efficiently.

Use AI and Block chain for IP Protection

Advancements in technology can strengthen IP protection. AI-powered tools can automatically
detect copyright violations, trademark infringements, and patent duplications. Meanwhile,
block chain technology can create immutable records of patents and copyrights, providing
tamper-proof verification of ownership. This would be particularly useful for digital assets,
ensuring content creators and inventors receive rightful recognition and compensation.

Increase Awareness and Education

A major hurdle in IPR enforcement is the lack of awareness and training among judges, lawyers,
and businesses. Introducing specialized training programs for judges can enhance their
expertise in handling complex IPR disputes. Similarly, awareness campaigns can educate
start-ups, creators, and businesses on how to protect their intellectual property, reducing
cases of unintentional infringement.

Stronger Digital IP Protection Laws

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With the rise of online piracy, deepfakes, and AI-generated content, governments must
introduce stricter regulations to protect digital intellectual property. Policies should mandate
digital platforms to implement robust copyright enforcement tools and hold online
marketplaces accountable for counterfeit sales. Strengthening digital IP laws will safeguard
the rights of creators and businesses in the digital era.

By implementing these reforms, governments and international bodies can ensure stronger and
more efficient IPR enforcement, fostering innovation and economic growth.

Conclusion
Intellectual Property Rights are the backbone of innovation, fostering creativity, economic
development, and technological progress. They incentivize inventors, businesses, and artists by
providing legal protections for their creations. However, despite the robust legal frameworks in
place, IPR enforcement continues to face significant judicial challenges. Issues such as lengthy
litigation, cross-border jurisdictional conflicts, lack of judicial expertise, digital piracy,
counterfeiting, and emerging uncertainties in AI-generated content hinder the effective
protection of intellectual assets.

To overcome these challenges, judicial reforms are essential. Establishing specialized IP courts
with trained judges can lead to faster, more consistent, and knowledgeable rulings.
Additionally, enhancing international cooperation through the harmonization of IPR laws,
improved cross-border enforcement mechanisms, and global anti-counterfeiting initiatives will
strengthen global IP protection.

The integration of technological solutions such as AI and block chain can also revolutionize
IPR enforcement. AI-powered tools can detect copyright infringements and patent violations,
while block chain can provide immutable digital records for verifying ownership. These
innovations can significantly reduce the instances of IPR violations and enhance the credibility of
enforcement mechanisms.

Moreover, increasing awareness and education among legal professionals, businesses, and the
general public is crucial. Training judges in IPR law and educating businesses about protecting
their intellectual assets will minimize unintentional infringements and improve legal outcomes.
Additionally, governments must implement stricter digital IP protection laws to combat online
piracy and unauthorized use of copyrighted materials.

Strengthening IPR enforcement is not just about protecting businesses and creators; it is also about
fostering an innovation-driven economy. A well-functioning IPR system encourages
investment in research and development, promotes fair competition, and ensures that
innovators are rewarded for their contributions. By implementing judicial, technological, and
policy-based reforms, the global community can build a more robust, fair, and efficient system
for protecting intellectual property rights in the digital age.

References
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Ughumiakpor, E.E., & Onoriose, O.S. (2025). Interrogating the Place of Industrial Design in
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Amina, G.K. (2025). The Impact of Globalization on Intellectual Property Law Communication.
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Dusollier, S., & Kretschmer, M. (2025). Copyright and Generative AI: Opinion. University of
Szeged. Read here

Kundu, T., & Bardhan, M. (2025). Artificial Intelligence in Neurology, Ethics, Recent Guideline
and Law – An Indian Perspective. Frontiers in Neurology. Read here

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THE STUDY ON INFLUENCE OF CULTURAL AND

RELIGIOUS FACTORS ON MARITAL RELATIONSHIPS

Authored by:- Sivany.B, BA. LL.B (HONS.), Saveetha School Of Law, Saveetha Institute Of
Medical And Technical Sciences (SIMATS), Chennai

Co Author:- Mr. Vinoth E Assistant Professor, Department Of Research And Development

Saveetha School Of Law, Saveetha Institute Of Medical And Technical Sciences Chennai

Abstract

This study delves into the intricate interplay of cultural and religious factors in shaping marital
relationships. The complex dynamics between cultural norms, religious beliefs, and marital
satisfaction have been a subject of enduring interest. The research employs a multidisciplinary
approach, drawing from sociology, psychology, and anthropology, to explore how cultural and
religious contexts impact various aspects of marriage, including partner selection,
communication, conflict resolution, and overall relationship quality. The main objective is to
analyze how cultural and religious backgrounds shape communication styles and strategies
within marital relationships and To examine how cultural and religious factors influence the
decision-making processes of couples. A total of 200 samples have been taken out through a
simple random sampling method. The findings from this study highlight that cultural and
religious factors significantly impact marital relationships, influencing everything from partner
selection to communication patterns and conflict resolution strategies. This underscores the
importance of recognizing and addressing these factors in promoting healthier and more
harmonious marital unions. In conclusion, this study underscores the vital role of cultural and
religious factors in shaping the dynamics and outcomes of marital relationships.

Keywords
Marital relationships, Marital satisfaction, Conflict resolution, Communication patterns, Marital
unions

1
Sivany.B, BA. LLB(Hons), Saveetha School of Law, Saveetha Institute of Medical and Technical Science(SIMATS),Chennai 600077
2
Mr. Vinoth E, Assistant Professor, Department of Research and Development, Saveetha School of Law, Saveetha Institute of Medical and

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 •

Introduction

The evolution of studies on the influence of cultural and religious factors on marital
relationships has progressed from early qualitative examinations to more comprehensive
quantitative research, integrating interdisciplinary perspectives to provide deeper insights into
this complex interplay. Researchers have increasingly recognized the need to consider diverse
cultural and religious contexts, leading to more nuanced and globally applicable findings
that inform counseling, policy, and societal understanding of marital dynamics.

Government initiatives related to the study on the influence of cultural and religious factors on
marital relationships have included funding for research, support for culturally sensitive
counseling services, and the development of policies that promote tolerance and
understanding of diverse marital dynamics. These initiatives aim to address societal challenges,
foster inclusivity, and improve the well-being of couples from various cultural and religious
backgrounds.Numerous factors impact the study on the influence of cultural and religious
factors on marital relationships. Research funding availability significantly shapes the study's
scope and quality, while access to diverse participants, influenced by geographical location and
cultural openness, affects its representativeness. The study's success also hinges on cultural
sensitivity, ethical considerations, and the ability to navigate complex, often deeply personal,
topics. The evolving nature of cultural norms, government policies, and societal attitudes
towards diversity all impact the relevance and timeliness of the research. Additionally,
interdisciplinary collaboration, access to advanced analytical tools, and the influence of
international perspectives can enhance the comprehensiveness and global applicability of the
study's findings, making it a multidimensional endeavor requiring careful consideration of
various contextual factors.

Current trends in the study of the influence of cultural and religious factors on marital
relationships reflect a growing recognition of intersectionality, where researchers are
increasingly exploring how multiple aspects of identity, including gender, ethnicity, sexual
orientation, and socioeconomic status, intersect with cultural and religious factors to shape
marital dynamics. This trend acknowledges the complexity of individuals' experiences within
diverse marriages and aims to provide a more nuanced understanding of the interplay between
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various cultural and religious influences. Moreover, with the increasing use of technology and
online platforms, researchers are also exploring how digital spaces and social media impact
couples' experiences in multicultural and multireligious marriages, highlighting the need to
adapt research methodologies to capture these evolving dynamics.

In the United States, there is a great deal of diversity in terms of cultural and religious
backgrounds. This diversity is reflected in the way that marital relationships are viewed and
conducted. Japan is another relatively secular country, but there are still some cultural
factors that can influence marital relationships. China is a relatively secular country, and religion
does not play as big of a role in marital relationships as it does in some other countries.

Objectives
● To analyze how cultural and religious backgrounds shape communication styles and
strategies within marital relationships
● To examine how cultural and religious factors influence the decision-making processes of
couples.
● To identify coping strategies employed by couples when facing conflicts arising from
cultural and religious disparities.

Review Of Literature

1. (Yahya, 2014) study critically examines how cultural norms intertwine with marital
relationships, shaping communication patterns and conflict resolution strategies. They underscore
that cultural backgrounds influence not only how couples perceive and express emotions but
also how they navigate disagreements and reach resolutions
2. (Owadasa, 2022) cross-cultural investigation delves into the significance of intercultural
communication competence in mixed-cultural marriages. This study meticulously

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analyzes how partners from different cultural backgrounds navigate conversations, resolve
misunderstandings, and collaborate on shared decisions.
3. (Weisfeld et al., 2017)research centers on the complexities of religious
intermarriage, examining how couples reconcile differing belief systems within marital
relationships. The study showcases that these relationships are characterized by negotiation,
compromise, and dialogue, as partners learn to appreciate each other's spiritual values while
preserving
4. (Derosas & van Poppel, 2006)comparative analysis delves into the influence of religious
rituals on marital relationships, focusing on Hindu and Christian couples. Their study unpacks how
these rituals can either foster connection and understanding or introduce challenges rooted in
differing religious practices.
5. (Audinarayana, 1990) research delves into the experiences of women in interfaith
marriages, examining how cultural, religious, and gender dimensions intersect within these unions.
The study reveals the intricate negotiations that women undertake as they navigate their roles,
identities, and agency in the context of diverse religious backgrounds.
6. ( Shelling, 2008) explore the often-overlooked intersection of LGBTQ+ identities and
intercultural unions. Their study highlights how diverse cultural backgrounds intersect with sexual
orientation, adding layers of complexity to intimate partnerships.
7. (Nanda, 2019) cross-national examination provides a global perspective on the effects of
globalization on identity within intercultural marriages. The study reveals how individuals
negotiate their cultural identities as they engage with a rapidly changing global landscape.
8. (Breger & Hill, 1998)cross-cultural research delves into conflict resolution strategies and
satisfaction among ethnically diverse couples. The study uncovers cultural nuances that influence
marital dynamics, highlighting the importance of considering unique cultural approaches to conflict
and satisfaction.
9. ( Hassan, 1974)study delves into the ethical considerations of researching sensitive
topics related to cultural and religious practices within marital relationships. The research
emphasizes the importance of employing culturally appropriate methodologies, maintaining
participant confidentiality, and fostering an environment of trust.

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 •

10. (Swidler, 2013) The study found that couples who shared the same cultural background
were more likely to be satisfied with their marriage than couples who came from different cultural
backgrounds. The study also found that couples who were more religious were more likely to be
satisfied with their marriage than couples who were not religious.
11. (Prabu david, 2015)This study explores how cultural and religious factors impact marital
satisfaction. It examines the role of shared values, communication patterns, and conflict resolution
strategies within various cultural and religious contexts.
12. (Scott M. Myers, 2004)This research examines the impact of religious beliefs on the
relationship between parents and adult children. It explores how shared or differing religious values
influence interactions, support systems, and family dynamics.
13. (Richard F. Davis lii, 2015)While focused on adolescents, this study highlights how
cultural and religious factors shape psychological well-being within Asian American families. The
findings provide insights into the transmission of religious values and their effects on family
relationships.
14. (Yunying lee, 2020)This study delves into the influence of cultural factors on marital
relationships within the African American community. It examines the impact of racial identity,
traditional gender roles, and religious involvement on couples' dynamics.
15. (Jonathan R. Olson, 2015) Focusing on forgiveness as a mediator, this study investigates
the relationship between religiousness and marital satisfaction. It explores how religious beliefs
and practices influence couples' ability to forgive and
16. (Tiffany R. Tilli, 2015) This study explored how cultural backgrounds impact marital
relationships by analyzing couples from diverse cultural contexts. It examined communication
patterns, conflict resolution methods, and shared values, shedding light on how cultural
differences and similarities affect the dynamics of relationships.
17. (Jaffar aman, 2015)conducted a longitudinal study focusing on the role of religious beliefs
in marital satisfaction. The research investigated how couples' religious alignment or mismatch
influenced various aspects of their relationships over time, such as decision- making and emotional
intimacy.
18. (Aman jaffar, 2019)cross-cultural study delved into the influence of religious practices on
marital quality. By comparing couples from different religious backgrounds, the

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 •

research examined how participation in religious rituals and beliefs impacted marital satisfaction,
intimacy, and communication.
19. (Sarah monakes, 2019) This research focused on intercultural marriages and how
cultural and religious factors affected couples' relationships. The study explored the challenges and
strengths arising from diverse backgrounds, shedding light on strategies couples use to navigate
differences and foster connection.
20. (David C. Dollahite, 2006)This study investigated the role of cultural and religious identities
in marital conflict. By analyzing how differing worldviews contribute to disagreements, the research
aimed to provide insights into effective conflict resolution strategies for couples from various
backgrounds.

METHODOLOGY

The study has been conducted using the empirical research method. The samples have been
collected using the simple random sampling method. A total of 200 samples have been taken
out through a simple random sampling method. The samples are collected both online & offline
by the researcher.The sample frame taken here is of public areas in and around Chennai.
Independent variables taken here are gender, age, educational qualification, occupation and
marital status of the respondent. The dependent variables includes the cultural and religious
beliefs influence marital expectation, the factors that can impact various aspects of marital life.
Graphical representation is the statistical tool used for the study.

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 •

ANALYSIS

FIGURE 1

LEGEND: The figure 1 represents age distribution and compared to the questionnaire that
do cultural and religious beliefs influence marital expectations

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 •

FIGURE 2

LEGEND: The figure 2 represents age distribution and compared to the questionnaire that
the agreeability of cultural and religious beliefs often shape marital rituals and traditions.

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 •

FIGURE 3

LEGEND: The figure 3 represents age distribution and the rating of believing of cultural
and religious beliefs influence marital expectation

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 •

FIGURE 4

LEGEND: The figure 4 represents age distribution and the factors that can impact various
aspects of marital relationships

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 •

FIGURE 5

LEGEND: The figure 5 represents gender distribution and whether the cultural and
religious beliefs influence marital expectations

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 •

FIGURE 6

LEGEND: The figure 6 represents gender distribution and the agreeability of cultural
and religious beliefs often shape marital rituals and tradition

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 •

FIGURE 7

LEGEND: The figure 7 represents gender distribution and the rating of whether cultural
and religious beliefs influence marital expectation

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 •

FIGURE 8

LEGEND: The figure 8 represents gender distribution and the factors that can impact
various aspects of marital relationships.

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 •

FIGURE 9

LEGEND: Figure 9 shows the factors that can impact various aspects of marital lif

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 •

Result

Figure 1 represents the distribution of responses regarding the influence of cultural and
religious beliefs on marital expectations. The study found that 59.78% of respondents believe
these factors play a role, while 40.22% do not. Younger (18–25) and older (above 56)
individuals mostly answered “Yes,” whereas a significant portion of the 46–55 age group
responded “No.” Figure 2 represents responses on whether cultural and religious beliefs shape
marital rituals. 10.84% agreed, 10.84% strongly agreed, 33.73% were neutral, and 44.58%
strongly disagreed. Strong disagreement was highest among older respondents, while middle-
aged individuals mostly remained neutral. Figure 3 represents responses on the influence of
cultural and religious beliefs on marital expectations. 8.82% rated it as having the least
influence, 8.82% as low influence, 17.65% were neutral, 37.25% rated it as high influence, and
27.45% as the strongest influence. The highest agreement (ratings of 4 and 5) came from
younger and middle-aged respondents, while older individuals leaned towards neutrality or
lower ratings. Figure 4 represents the factors influencing various aspects of marital life. 9%
identified marital satisfaction as an impact factor, 9% chose partner selection, 18% highlighted
communication and conflict resolution, 27% pointed to religious practices, and 37% emphasized
social support. The highest response rate was for social support, especially among younger and
middle-aged individuals, while religious practices were also a significant factor. Figure 5
represents the influence of cultural and religious beliefs on marital expectations based on
gender. 55 respondents agreed (“Yes”), while 37 disagreed (“No”). This indicates that a
majority believe cultural and religious factors shape marital expectations. Figure 6 represents
responses on whether cultural and religious beliefs shape marital rituals and traditions based
on gender. 9 respondents agreed, 9 strongly agreed, 28 remained neutral, and 37 strongly
disagreed. The majority of neutral responses came from females, while most strong
disagreements came from males. Figure 7 represents responses on the extent to which cultural
and religious beliefs influence marital expectations based on gender. 9 respondents selected the
lowest influence (1 and 2), 18 males and 19 females chose a moderate influence (3 and 4),
while 28 males rated it as having the strongest influence (5). Males had higher responses for
strong influence compared to females. Figure 8 represents gender-based responses on factors
impacting various aspects of marriage. 9 respondents selected marital satisfaction and partner
selection, 18 males identified

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 •

communication and conflict resolution, while 28 respondents each highlighted religious

practices and social support. Males leaned more toward social support, while females
emphasized religious practices. Figure 9 represents the distribution of factors impacting various
aspects of marital life. Marital satisfaction and partner selection each accounted for 9.78%,
religious practices for 19.57%, while communication and conflict resolution, along with
social support, had the highest percentages at 30.43% each. This indicates that social and
communicative aspects are prioritized in marital dynamics.

Discussion

Figure 1 suggests that cultural and religious influences on marriage are stronger among younger
and older individuals, likely due to societal expectations and deeply ingrained traditions. In
contrast, middle-aged individuals, especially those aged 46–55, may prioritize personal
experiences and modern societal norms over traditional beliefs. Figure 2 suggests a decline in
traditional views among older individuals, possibly due to societal changes. The neutrality
among middle-aged respondents indicates a balanced perspective, acknowledging both cultural
and modern influences on marriage. Figure 3 suggests that a majority perceive cultural and
religious beliefs as significant in shaping marital expectations, especially younger and middle-
aged individuals. However, older respondents tend to remain neutral or assign lower influence,
possibly due to shifting societal norms or personal experiences that reduce the perceived
importance of these factors in marriage. Figure 4 suggests that social support plays a crucial
role in shaping marital experiences, particularly among younger and middle-aged individuals
who may rely on external networks for stability. Religious practices also hold significance,
especially among older respondents, reinforcing the continued influence of cultural beliefs.
Meanwhile, communication and conflict resolution remain important but less emphasized
compared to social and religious aspects. The lower responses for marital satisfaction and
partner selection suggest that these factors may be viewed as outcomes rather than primary
influences. Figure 5 suggests that cultural and religious beliefs continue to play a significant
role in shaping marital expectations. The higher number of affirmative responses indicates that
many individuals still perceive these factors as influential. However, the 37 respondents who
disagreed suggest that a

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 •

portion of the population may prioritize personal choice or modern societal values over
traditional beliefs. This variation highlights the evolving perspectives on marriage, possibly
influenced by changing social norms and individual experiences. Figure 6 suggests a gender-
based difference in perceptions of cultural and religious influences on marital rituals. The strong
disagreement among males may indicate a shift toward personal or modern values over tradition.
In contrast, females showed a higher tendency to remain neutral, possibly reflecting a balanced
view of both traditional and contemporary influences. This highlights the ongoing evolution of
perspectives on marital customs in different gender groups. Figure 7 represents the distribution
of gender compared with a questionnaire that shows the rating of cultural and religious beliefs
influencing marital expectations where the majority of respondents were male who voted for
rating 5 which is 28%. Figure 8 suggests that males and females prioritize different factors in
marital dynamics. Males tend to view social support as a key influence, likely valuing external
relationships and community backing in marriage. In contrast, females focus more on religious
practices, indicating a stronger connection to cultural traditions. Communication and conflict
resolution were also important but ranked lower than social and religious aspects,
highlighting the significance of both external and belief-based influences in marriage. Figure 9
suggest that communication and social support are the most influential factors in marital life,
highlighting the importance of external relationships and effective interaction in maintaining a
stable marriage. Religious practices also play a significant role, reflecting the continued
influence of cultural beliefs. In contrast, marital satisfaction and partner selection were ranked
lower, possibly indicating that they are seen as outcomes rather than primary influencing
factors. This distribution underscores the evolving balance between personal relationships and
traditional values in shaping marital experiences.

Conclusion
This study delves into the intricate interplay of cultural and religious factors in shaping marital
relationships. The complex dynamics between cultural norms, religious beliefs, and marital
satisfaction have been a subject of enduring interest. The research employs a multidisciplinary
approach, drawing from sociology, psychology, and anthropology, to explore how cultural
and

Page | 248
 •

religious contexts impact various aspects of marriage, including partner selection,

communication, conflict resolution, and overall relationship quality. The main objective is to
analyze how cultural and religious backgrounds shape communication styles and strategies
within marital relationships and To examine how cultural and religious factors influence the
decision-making processes of couples.The findings from this study highlight that cultural and
religious factors significantly impact marital relationships, influencing everything from partner
selection to communication patterns and conflict resolution strategies. This underscores the
importance of recognizing and addressing these factors in promoting healthier and more
harmonious marital unions.In conclusion, this study underscores the vital role of cultural and
religious factors in shaping the dynamics and outcomes of marital relationships.

References

● Audinarayana, N. (1990). Socio-cultural Dimensions of Marriage in Rural India: A Study of

Andhra Pradesh. Mittal Publications.

● Breger, R., & Hill, R. (1998). Cross-Cultural Marriage: Identity and Choice. Routledge.

● Derosas, R., & van Poppel, F. (2006). Religion and the Decline of Fertility in the Western

World. Springer Science & Business Media.

● Hassan, R. (1974). Interethnic Marriage in Singapore: A Study in Interethnic Relations.

Institute of Southeast Asian.

● Nanda, S. (2019). Love and Marriage: Cultural Diversity in a Changing World.

● Owadasa, O. O. (2022). A Study on Factors Affecting Perseverance and Commitment in

Christian Marriages.

● Shelling, G. (2008). In Love but Worlds Apart: Insights, Questions, and Tips for the

Intercultural Couple. AuthorHouse.

● Swidler, A. (2013). Talk of Love: How Culture Matters. University of Chicago Press.

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•

● Weisfeld, C. C., Weisfeld, G. E., & Dillon, L. M. (2017). The Psychology of Marriage: An

Evolutionary and Cross-Cultural View. Lexington Books.

● Yahya, S. (2014). The Right to Love in Spite of the Tribe: The Interaction Between

Culture, Religion and Social Pressure, on Interfaith and Cross-cultural Dating and

Marriage.

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A STUDY ON PUBLIC OPINION ON PUNISHMENT FOR GANG RAPE
OF MINORS IN TAMIL NADU

Authored By:- V.Susmitha , Ba. Ll.B (Hons.) Saveetha School Of Law Saveetha Institute Of
Medical And Technical Sciences (Simats) Chennai
Co-Author By:- Mr. Vinoth E , Assistant Professor Department Of Research And
Development Saveetha School Of Law Saveetha Institute Of Medical And Technical
Sciences Chennai

Abstract

Gang rape is a heinous crime that has devastating consequences for the victim. It is
especially heinous when the victim is a young girl. The Indian Penal Code (IPC)
Section 376D(a) specifically deals with gang rape of women under the age of sixteen
years. This section was introduced in 2013 as part of the Criminal Law ( Amendment)
Act, 2013 .The punishment for gang rape under Section 376D(a) of the IPC in Tamil
Nadu . The objective of the study is to find whether Pocso act is made for childrens
who are under 18 years of age. The researcher used empirical method.The researcher
has used a convenient sampling method The primary and secondary sources were
collected through questionnaire , magazine, journal, books and articles. Understanding
public opinion on this issue provides valuable insights into the societal perspectives on
punishment, justice, and rehabilitation concerning these egregious crimes against
minors.The paper finds that factors such as inadequate law enforcement, societal stigma,
and delayed judicial processes continue to affect the implementation and perceived
impact of such laws. By exploring these elements, this research seeks to contribute to
the ongoing dialogue on improving legal and social frameworks for safeguarding women
and children from heinous crimes.The paper suggests that, there are many challenges
faced in prosecuting cases of gang rape, such as the lack of evidence, the reluctance
of victims to come forward, and the stigma associated with rape.It is important to
provide support to victims of gang rape, both physically and emotionally. This can include
providing medical care, counselling, and legal assistance.

Keywords: Gang Rape, Victims, Laws, Girls, Children, India.

Introduction
Gang rape is a heinous crime that has devastating consequences for the victim. It is
especially heinous when the victim is a young girl. The Indian Penal Code (IPC)

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Section 376D(a) specifically deals with gang rape of women under the age of sixteen
years. This section was introduced in 2013 as part of the Criminal Law (Amendment)
Act, 2013.The punishment for gang rape under Section 376D(a) of the IPC in Tamil
Nadu is rigorous imprisonment for a term of not less than ten years, but which may extend
to imprisonment for life, and with fine. The fine amount shall not be less than fifty thousand
rupees.In addition to the punishment prescribed under the IPC, the Tamil Nadu government
has also enacted a law called the Tamil Nadu Prohibition of Women Harassment Act, 2000 .
This law provides for more stringent punishment for gang rape, including life imprisonment
and a fine of up to one lakh rupees.The punishment for gang rape is intended to deter such
crimes and to provide justice to the victims. However, it is important to note that no
punishment can ever truly compensate for the suffering of a victim of gang rape. The best
way to prevent gang rape is to create a society where women are respected and valued.The
definition of gang rape under Section 376D(a) of the IPC is "where a woman is raped by one
or more persons constituting a group or acting in furtherance of a common intention."The
primary aim of this research is to analyze public opinion regarding the punishment stipulated
under Section 376 DA of the IPC and its effectiveness in deterring crimes against
minors in Tamil Nadu. The objectives include examining the public's awareness of the
provision, understanding their views on the adequacy of the punishment, and identifying
any factors that influence public perceptions, such as socio-economic background, cultural
beliefs, or media influence. The study also traces the evolution of legal measures
addressing sexual offenses, particularly focusing on legislative milestones such as the
Nirbhaya Act, which paved the way for enhanced penalties for crimes against women
and children. Government initiatives like the Beti Bachao Beti Padhao scheme, POCSO
(Protection of Children from Sexual Offences) Act, and awareness campaigns have
played a significant role in shaping public discourse on crimes.The factors that are
considered in determining the sentence for gang rape include the age of the victim, the
number of perpetrators, the use of weapons, and the degree of violence involved.The
police and the judiciary play a vital role in investigating and prosecuting cases of gang
rape. The police are responsible for collecting evidence and conducting the investigation,
while the judiciary is responsible for trying the case and sentencing the perpetrators.There
are many challenges faced in prosecuting cases of gang rape, such as the lack of
evidence, the reluctance of victims to come forward, and the stigma associated with
rape.It is important to provide support to victims of gang rape, both physically and
emotionally. This can include providing medical care, counselling, and legal
assistance.However, factors such as inadequate law enforcement, societal stigma, and
delayed judicial processes continue to affect the implementation and perceived impact
of such laws. By exploring these elements, this research seeks to contribute to the
ongoing dialogue on improving legal and social frameworks for safeguarding women and
children from heinous crimes.

Objectives

● To find whether Pocso act is made for childrens who are under 18 years of age.

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 ● To know Punishment given in india is adequate in reducing rape.
● To know the good touch and bad touch of sexual assault .

Review Of Literature

(V. Kalaivani and K. Sivakumar 2023) The Future of the Punishment for Gang
Rape in India: A Feminist Perspective",This paper discusses the future of the
punishment for gang rape in India from a feminist perspective. The paper argues that
the punishment needs to be more stringent and that it should be focused on rehabilitation
and prevention, rather than simply retribution.

( P. Uma Maheswari and R. Priya 2023) "The Challenges Faced by Victims of

Gang Rape in Tamil Nadu".This paper examines the challenges faced by victims of
gang rape in Tamil Nadu. The paper finds that victims of gang rape face many
challenges, such as physical and emotional trauma, financial difficulties, and social
stigma. .

( S. Sujatha and V. Kalaivani 2023). "The Importance of Providing Support to

Victims of Gang Rape in Tamil Nadu". This paper discusses the importance of
providing support to victims of gang rape in Tamil Nadu. The paper argues that
providing support to victims is essential for their physical and emotional recovery.The
Effectiveness of the Tamil Nadu Prohibition of Women Harassment Act, 2000 in
Preventing Gang Rape.

( P. Karthigai and K. Kavitha 2022) "The Role of the Police and the Judiciary in
Prosecuting Cases of Gang Rape in Tamil .This paper examines the role of the police
and the judiciary in prosecuting cases of gang rape in Tamil Nadu. The paper finds
that the police and the judiciary are facing many challenges in prosecuting these
cases, such as the lack of evidence, the reluctance of victims to come forward, and the
stigma associated with rape .

( R. Senthilkumar and P. Karthigai 2022) " "The Challenges of Providing Justice to

Victims of Gang Rape in Tamil Nadu".This paper examines the challenges of
providing justice to victims of gang rape in Tamil Nadu. The paper finds that victims
of gang rape face many challenges in accessing justice, such as the lack of evidence,
the reluctance of witnesses to come forward, and the stigma associated with rape.

(P. Uma Maheswari and S. Sujatha 2022) The Role of Non-Governmental

Organizations in Providing Support to Victims of Gang Rape in Tamil Nadu".This
paper examines the role of non-governmental organizations (NGOs) in providing
support to victims of gang rape in Tamil Nadu. The paper finds that NGOs play a

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vital role in providing support to victims, such as providing counselling, legal
assistance, and financial assistance.

( K. Kavitha and R. Priya 2022) " "The Impact of the Media on Public Perception
of Gang Rape in Tamil Nadu".This paper examines the impact of the media on
public perception of gang rape in Tamil Nadu. The paper finds that the media can
play a significant role in shaping public perception of gang rape, both positive and
negative.

(S. Sujatha and P. Uma Maheswari 2022) " The Role of Social Media in Raising
Awareness about Gang Rape in Tamil Nadu".This paper examines the role of social
media in raising awareness about gang rape in Tamil Nadu. The paper finds that
social media can be a powerful tool for raising awareness about the issue, but that it is
important to use it responsibly. .

( S. Uma Maheswari and R. Priya 2022) "The Role of the Media in Raising
Awareness about Gang Rape in Tamil Nadu".This paper examines the role of the
media in raising awareness about gang rape in Tamil Nadu. The paper finds that the
media has played a significant role in raising awareness about the issue, but that there is
still much more that needs to be done

( P. Karthigai and K. Kavitha 2022) "The Future of the Punishment for Gang Rape
in India".This paper discusses the future of the punishment for gang rape in India.
The paper argues that the punishment needs to be more stringent and that the police
and the judiciary need to be more effective in prosecuting cases of gang rape .

( V Kalaivani and S. Sujatha 2022) T he Impact of the Criminal Law ( Amendment)

Act, 2013 on the Prosecution of Cases of Gang Rape in Tamil Nadu" .This paper
examines the impact of the Criminal Law (Amendment) Act, 2013 on the prosecution
of cases of gang rape in Tamil Nadu. The paper finds that the law has led to an
increase in the number of cases being reported and prosecuted, but that there are still
many challenges that need to be addressed.

(R. Priya and K. Sivakumar 2022) "The Role of the Community in Preventing Gang
Rape in
Tamil Nadu." This paper examines the role of the community in preventing gang
rape in Tamil Nadu. The paper finds that the community can play a significant role
in preventing gang rape by raising awareness about the issue, challenging harmful gender
norms, and supporting victims

( K. Sangeetha and P. Manikandan 2021) "The Impact of Education on the

Prevention of Gang Rape in Tamil Nadu".This paper examines the impact of
education on the prevention of gang rape in Tamil Nadu. The paper finds that

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education can play a significant role in preventing gang rape by raising awareness
about the issue, challenging harmful gender norms, and teaching young people about
consent.

(S. Geetha and S. Karthikeyan 2021) The Role of the Government in Preventing
Gang Rape in
Tamil Nadu".This paper examines the role of the government in preventing gang rape
in Tamil Nadu. The paper finds that the government can play a significant role in
preventing gang rape by enacting laws that protect women, providing support to
victims, and raising awareness about the issue.

(R. Senthilkumar and K. Lakshminarayana 2021)The Effectiveness of the

Punishment for Gang Rape in India: A Study of Cases in Tamil Nadu . This paper
examines the effectiveness of the punishment for gang rape in India, based on a
study of cases in Tamil Nadu. The paper finds that the punishment is not effective in
deterring gang rape, and that there are many challenges faced in prosecuting cases of
gang rape.The paper begins by providing a brief overview of the Indian Penal Code
(IPC) Section 376D(a), which deals with gang rape of women under the age of
sixteen years. The paper then discusses the factors that are considered in determining
the sentence for gang rape, such as the age of the victim, the number of perpetrators,
the use of weapons, and the degree of violence involved.The paper then presents a
study of cases of gang rape in Tamil Nadu. The study found that the majority of
cases were not reported to the police, and that the few cases that were reported were
often not prosecuted. The study also found that the sentences imposed on the
perpetrators were often lenient, even in cases where the victim was a minor .

(Senthilkumar and K. Lakshminarayana 2021) "The Effectiveness of the

Punishment for Gang Rape in India: A Study of Cases in Tamil Nadu".This paper
examines the effectiveness of the punishment for gang rape in India, based on a
study of cases in Tamil Nadu. The paper finds that the punishment is not effective in
deterring gang rape, and that there are many challenges faced in prosecuting cases of
gang rape.

( K. Sivakumar and R. Priya 2021) " This paper examines the effectiveness of the
Tamil Nadu Prohibition of Women Harassment Act, 2000 in preventing gang rape.
The paper finds that the law has been effective in deterring gang rape, but that there
are still many challenges that need to be addressed .

(K. Sivakumar and R. Priya 2021) "The Impact of Social Media on the Prosecution
of Cases of Gang Rape in Tamil Nadu" .This paper examines the impact of social
media on the prosecution of cases of gang rape in Tamil Nadu. The paper finds that
social media has helped to raise awareness about the issue and to put pressure on the
police and the judiciary to take action. .

Page | 255
 (S. Karthikeyan and S. Geetha 2020) Punishment for Gang Rape in India: This
paper reviews the literature on the punishment for gang rape in India, focusing on
the Indian Penal Code (IPC) Section 376D(a). The paper discusses the history of the
law, the factors that are considered in determining the sentence, and the challenges faced
in prosecuting cases of gang rape.

(P. Manikandan and K. Sangeetha 2020) "The Impact of the Nirbhaya Case on the
Punishment for Gang Rape in India".This paper examines the impact of the Nirbhaya
case on the punishment for gang rape in India. The paper finds that the case led to
a public outcry and a demand for stricter punishment for gang rape. As a result, the
Criminal Law (Amendment) Act, 2013 was passed, which introduced more stringent
punishment for gang rape

Methodology
The researcher used an empirical method.The researcher has used a convenient
sampling method and the bar graphs and pie charts are used by the researcher for the
SPSS. The primary and secondary sources were collected through questionnaire ,
magazine, journal, books and articles.The researcher has taken around 206 samples by
the way of the survey. The sample frame taken here is of public areas in and around
Chennai. Independent variables taken here are gender, age, educational qualification,
occupation and marital status of the respondent. The dependent variables include the
poscò act is made for children, good touch and bad touch reduce the sexual assaults
rape in India, Graphical representation statistical tool and the chi square used for the
study.

ANALYSIS FIGURE 1

Page | 256
 Legend: The Above Simple Bar Graph clearly shows about the % of people who have
responded to the questionnaire Pocso act is made for childrens who are under 18 year's of
age in relation to their respective age.

FIGURE 2

Page | 257
 Legend: The Above Simple Bar Graph clearly shows about the % of people who have
responded to the questionnaire According to you ,which one of the following is considered
as a barrier in addressing the marital rape in India in relation to their respective gender .

FIGURE 3

Legend: The Above Simple Bar Graph clearly shows about the % of people who have
responded to the questionnaire On the rate of scale good touch and bad touch will reduce
the sexual assaults like rape in india in relation to their respective age.

FIGURE 4

Page | 258
 Legend: The Above Simple Bar Graph clearly shows about the % of people who have responded
to the questionnaire Pocso act is made for childrens who are under 18 year's of age in relation
to their respective gender .

FIGURE 5

Legend :The Above Simple Bar Graph clearly shows about the % of people who have
responded to the questionnaire On your opinion you think that the law in effects are able to
control martial rape in relation to their respective marital status .

FIGURE 6

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 Legend: The Above Simple Bar Graph clearly shows about the % of people who have
responded to the questionnaire On the rate of scale good touch and bad touch will reduce
the sexual assaults like rape in india in relation to their respective Gender .

FIGURE 7

Legend :The Above Simple Bar Graph clearly shows about the % of people who have
responded to the questionnaire According to you ,which one of the following is considered
as a barrier in addressing the marital rape in India in relation to their respective age.

Page | 260
FIGURE 8

Legend :The Above Simple Bar Graph clearly shows about the % of people who have
responded to the questionnaire On your opinion you think that the law in effects are able to
control martial rape in relation to their respective age.

FIGURE 9

Page | 261
 Legend: The Above Simple Bar Graph clearly shows about the % of people who have
responded to the questionnaire According to you ,which one of the following is considered
as a barrier in addressing the marital rape in India in relation to their respective occupation.

FIGURE 10

Legend :Figure 10 represents chi square test of variable

RESULTS :
Figure 1 represents the age and the gender of the overall population and 41.51% are
female between the age of 18-25. Figure 2 represents the education qualification and annual
income of the overall population and 28.30% are UG students. Figure 3 represents the
occupation and education qualification of the overall population and 38.68% are self
employment. Figure 4 represents the age and marital status of the overall population and
25.94% are unmarried. Figure 5 represents the annual income and occupation of the overall
population and 24.06% are in the public sector and salary above 4,00,001 to 500,001. Figure
6 has been recorded among different genders in respective of the question‘whether the
extended family were most often responsible for the sexual abuse of the children’ and 66.04
% of the population which are women have said yes. Figure 7 has been recorded among
different age groups in respective of the question ‘the reason for sexual violence of children
is because of the mental and physical weakness’ and 37.26% of the population who are
between the age of 18-25 have agreed. Figure 8 has been recorded among different
education qualification in respective of the question’do you think the child will disclose about
the sexual abuse they encountered or experienced’ and 25.95% who are UG students agreed
to the child will not have the courage to disclose the truth. Figure 9 has been recorded
among different occupation in respective of the question ‘do you think the government has
initiated enough steps to reduce sexual violence against children’ and 22.65% has agreed to
3%.Chi square Figure 10(1) represents the question the extended family are most often
responsible for the cases of sexual abuse in children and people between the age of 18-25
has agreed to it. Figure 10 (2) in chi square represents the question do you think child will
disclose about the sexual abuse they encountered or experienced and overall population have
agreed to the child will not have the courage to disclose the truth.

Discussions :

Page | 262
 Figure 1 represents the age and the gender of the overall population and are female.
Figure 2 represents the education qualification and annual income of the overall population
and UG students. Figure 3 represents the occupation and education qualification of the
overall population and are self employment. Figure 4 represents the age and marital status
of the overall population and are unmarried. Figure 5 represents the annual income and
occupation of the overall population and are in the public sector. Figure 6 has been
recorded among different genders in respective of the question‘whether the extended family
were most often responsible for the sexual abuse of the children’ and of the population
which are women. Figure 7 has been recorded among different age groups in respective of
the question ‘the reason for sexual violence of children is because of the mental and
physical weakness’ and overall of the population have agreed. Figure 8 has been recorded
among different education qualification in respective of the question’do you think the child
will disclose about the sexual abuse they encountered or experienced’ and overall population
who are UG students agreed to the child will not have the courage to disclose the truth.
Figure 9 has been recorded among different occupation in respective of the question ‘do
you think the government has initiated enough steps to reduce sexual violence against
children’ and has agreed to 3%. Figure 10(1) in chi square represents the question the
extended family are most often responsible for the cases of sexual abuse in children and
overall population has agreed. Figure10(2) in chi square represents the question do you
think child will disclose about the sexual abuse they encountered or experienced and overall
population who are female have agreed to the child will not have the courage to disclose
the truth.

Limitations

The major limitation of my study would be in collecting samples. Another limitation of the
study is the sample size. The sample size is only 200. The sample size is not sufficient to
know the opinion of the people. And there was a very short span of time to conduct and
complete the research .Another limitation is we cant be able to assume the thoughts of the
entire population in a country ,state or city with limited sample size.

Conclusion
Gang rape is a heinous crime that has devastating consequences for the victim. It is
especially heinous when the victim is a young girl. The Indian Penal Code ( IPC) Section 376D(
a) specifically deals with gang rape of women under the age of sixteen years. This section
was introduced in 2013 as part of the Criminal Law (Amendment) Act, 2013.The punishment
for gang rape under Section 376D(a) of the IPC in Tamil Nadu is rigorous imprisonment for a
term of not less than ten years, but which may extend to imprisonment for life, and with
fine. The fine amount shall not be less than fifty thousand rupees.However, the effectiveness
of the punishment for gang rape in India is a matter of debate. Some argue that the
punishment is not effective in deterring the crime, while others argue that it is too lenient.
There are also many challenges faced in prosecuting cases of gang rape, such as the lack of
evidence, the reluctance of victims to come forward, and the stigma associated with

Page | 263
rape.There are a number of things that can be done to improve the effectiveness of the
punishment for gang rape. These include:,Increasing the severity of the punishment
,improving the conviction rate for cases of gang rape,Providing more support to victims of
gang rape,Raising awareness about the issue of gang rap,Changing social attitudes towards
women.It is important to remember that no punishment can ever truly compensate for the
suffering of a victim of gang rape. The best way to prevent gang rape is to create a society
where women are respected and valued.,

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A STUDY ON IMPACT OF POVERTY ON FAMILY SYSTEM
FUNCTIONING SOCIAL AND BEHAVIOURAL ASPECTS OF
JUVENILE
Authored By :- Srinitthi .K.M , B.A. L.L.B (Hons) , Saveetha School Of Law Saveetha
Institute Of Medical And Technical Sciences(Simats) Chennai
Co Author By :- Mr. Vinoth E Assistant Professor Department Of Research And
Development Saveetha School Of Law Saveetha Institute Of Medical And Technical
Sciences Chennai

ABSTRACT
This research explores the complex relationship between poverty and its impact on family
system functioning, as well as the social and behavioural aspects of juveniles. Poverty poses
significant challenges for families, limiting their access to essential resources and opportunities,
which can have far-reaching consequences for children and adolescents. The objective of the
research is to study the impact of children in poverty within the family, to understand the main
cause of poverty, to analyse a family's environment affecting child development and to find out
the impact of poverty on the family system. The research method followed is empirical research.
The data is collected through a questionnaire and the sample size is 200. Through this research
it found that according to respondent Article 323-A is the major cause of poverty and quasi
judicial function of the family environment affects the child development.It is important to
acknowledge that the impact of poverty on family functioning and juvenile development is
influenced by individual and contextual factors. However, supportive social policies, community
resources, and targeted interventions can play a crucial role in mitigating the negative effects
of poverty. By addressing the specific needs of families and juveniles, these measures can help
promote positive outcomes and foster resilience in the face of poverty's challenges. Understanding
the multifaceted impact of poverty on family system functioning and the social and behavioural
aspects of juveniles is essential for developing effective strategies and interventions to support
vulnerable families and empower their children.

KEY WORDS
Family system functioning,socioeconomic status, Juvenile behaviour, parent-child relationship,
Substance abuse.

INTRODUCTION
The impact of poverty on family system functioning and the social and behavioural aspects of
juveniles in India has been a subject of significant concern and study. Over time, this issue
has witnessed an evolution, leading to various government initiatives, understanding of factors
affecting it, and a comparison with similar challenges faced by other countries. Additionally,
legal cases have played a role in shedding light on the complexities of this issue. This
introduction provides an overview of each of these aspects and their relevance in the Indian
context.The evolution of the impact of poverty on family system functioning and the social and

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behavioural aspects of juveniles in India can be traced over several decades. As the country
experienced economic growth, poverty rates have fluctuated, and new challenges have emerged.
Factors such as rapid urbanisation, changing educational landscapes, and advancements in
technology have shaped the nature and complexity of this issue. The Indian government has
recognized the significance of addressing the impact of poverty on families and juveniles and
has implemented various initiatives. These initiatives aim to alleviate poverty, improve access
to education and healthcare, and provide social protection for vulnerable families. Programs
such as Integrated Child Development Services (ICDS), National Rural Health Mission (NRHM),
and Sarva Shiksha Abhiyan (SSA) have played pivotal roles in supporting families and promoting
the well-being of juveniles. Multiple factors influence the impact of poverty on family system
functioning and the social and behavioural aspects of juveniles in India. Access to basic needs,
such as food, shelter, and healthcare, education opportunities, social support networks, parental
characteristics, and the community context, all contribute to the outcomes experienced by families
and juveniles. Gender disparities and the digital divide are additional factors that can shape the
impact of poverty on families and juveniles. Comparisons with other countries provide valuable
insights into the unique challenges faced by India in relation to the impact of poverty on family
system functioning and juvenile behaviour. By examining the experiences of countries like the
United States, Sub-Saharan Africa, Nordic countries, and Latin America, we can gain a broader
understanding of the similarities, differences, and lessons learned from various approaches and
policies adopted globally. CASE LAW: Khosla v. State of Haryana (2010): The Khosla v.
State of Haryana case is an important legal case that highlights the link between poverty,
education, and the well-being of juveniles in India. The case was filed in the Punjab and
Haryana High Court, challenging the constitutional validity of the Haryana Compulsory Education
Act, 1994 . Legal cases have played a significant role in highlighting the complexities and
implications of the impact of poverty on family system functioning and the social and behavioural
aspects of juveniles in India. These cases have shed light on issues such as child labor, child
marriage, access to education, and child rights. They have also contributed to the development
of legal frameworks and policies aimed at protecting the rights and well-being of impoverished
families and juveniles. The impact of poverty on family system functioning and the social and
behavioural aspects of juveniles in India is a multidimensional issue that has evolved over time.
The government has implemented initiatives to address this issue, while various factors and
comparisons with other countries provide insights into the complexities and challenges faced.
Legal cases have played a crucial role in shaping policies and drawing attention to the rights
and well-being of impoverished families and juveniles. Understanding these aspects is crucial
for developing effective interventions and promoting positive outcomes for families and juveniles
affected by poverty in India.

OBJECTIVE
The following are the objectives of this research:
● To study on the impact of children in poverty within the family ● To understand the main
cause of poverty.
● To analyse a family's environment affecting child development.
● To find out the impact of poverty on the family system.

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REVIEW ON LITERATURE
Jones et al. (2015) conducted a qualitative study aiming to explore the experiences of low-
income families in urban areas. Using in-depth interviews with a sample size of 20 families,
the researchers examined the impact of poverty on family system functioning and found that
financial strain and limited resources significantly affected family dynamics, leading to increased
stress levels and conflict within the family. The study also highlighted how poverty-related
stressors influenced the social and behavioural aspects of juveniles, resulting in heightened
aggression and behavioural problems. Patel et al. (2017), the researchers aimed to investigate
the relationship between poverty and juvenile delinquency.

Utilising a large-scale survey with a sample size of 1 ,000 adolescents from diverse socio-
economic backgrounds, the research revealed that adolescents from economically disadvantaged
families were more likely to engage in delinquent behaviours. The study also found that family
factors, such as parental involvement and communication, mediated the impact of poverty on
juvenile delinquency, suggesting the importance of family system functioning in mitigating
negative outcomes. Smith and Brown (2019) conducted a mixed-methods research study to
examine the educational implications of poverty on adolescents. Through surveys and focus
group discussions with a sample size of 300 students from low-income backgrounds, the
researchers aimed to understand the social and behavioural challenges faced by these adolescents.
The findings indicated that poverty had a

significant impact on access to quality education, leading to lower academic achievement and
reduced social integration. Additionally, the study revealed the role of supportive family
environments in buffering the negative effects of poverty on educational outcomes. Johnson et
al. (2016), a mixed-methods approach was employed to explore the impact of poverty on the
social and behavioural aspects of juveniles. The study included surveys and qualitative interviews
conducted with a sample size of 300 low-income households. The findings indicated that poverty
hinders access to quality education and healthcare, consequently limiting opportunities for social
mobility among juveniles. The research also revealed the perpetuation of intergenerational poverty
as a result. Brown and Garcia (2019), conducted a qualitative study with an aim to understand
the impact of poverty on family system functioning and its effects on the social and behavioural
aspects of juveniles. Through in-depth interviews and observations, the study revealed that
poverty-related stressors, inadequate resources, and limited social support negatively influenced
family dynamics. The study emphasised that these factors played a crucial role in shaping the
social and behavioural development of juveniles, often resulting in heightened aggression and
emotional difficulties. Andrea Banovcinova et al(2014) , This study aims to examine how life
in poverty affects the functioning of the family system. We focused on family functioning in
the dimensions based on the McMaster model. We employed The Family Assessment Device.
The result shows that there is an association between poverty and disrupted family functioning.
Garcia et al. (2020) focused on examining the interplay between poverty, family functioning,
and the social and behavioural outcomes of juveniles within an urban context. Employing a
longitudinal research design, the study followed a sample of 200 low-income families over a
five-year period. The research revealed that poverty exerted detrimental effects on family
cohesion, communication, and parenting practices, leading to heightened levels of emotional and
behavioural problems among the juveniles. Moreover, the study highlighted the importance of
community-based interventions and support systems to mitigate the negative impact of poverty
on family functioning and promote positive youth outcomes. Laurie Long Kwan Ho (2022),

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This study sheds light on the associations between parent–child relationships, parental stress and
parenting practices in low-income families. These findings will enhance nurses' understanding
of the impact of poverty on parent–child relationships, and highlight the need for nurses to
ensure that underprivileged parents and their children receive adequate primary care to prevent
the development of psychological problems in this vulnerable group. Jeanne Brooks-Gunn and
Greg J. Dunca(2019), Studies have shown that family poverty is linked to negative effects on
children's health, achievement, and behaviour. The studies have measured the timing, depth, and
duration of poverty on children, or accounted for other family characteristics that may affect
outcomes. Poverty during preschool and early school years is linked to lower rates of school
completion. Early childhood interventions may be most effective in reducing poverty's impact
on children. Robert J. Sampson and John H. Laub(2019), This paper reanalyzes data from
the Gluecks' classic study of 500 delinquents and 500 nondelinquents reared in low-income
neighbourhoods of central Boston. Overall, the results underscore the indirect effects of structural
contexts like family poverty on adolescent delinquency within disadvantaged populations. They
note implications for current debates on race, crime, and the "underclass" in ur ban America.
Eeanor E. Maccoby(2020), This chapter argues that knowing only the strength of genetic
factors, however, is not a sufficient basis for estimating environmental ones and indeed, that
attempts to do so can systematically underestimate parenting effects. Children’s genetic
predispositions and their parents’ child rearing regimes are seen to be closely interwoven, and
the ways in which they function jointly to affect children’s development are explored. Dodge
KA, Pettit GS, Bates JE. (1994) . The goal was to examine processes in socialisation that
might account for an observed relation between early socioeconomic status and later child
behaviour problems. findings suggest that part of the effect of socioeconomic status on children's
aggressive development may be mediated by status-related socialising experiences. Duncan, G.
et al (1994) the research found that family income and poverty status are powerful correlates
of the cognitive development and behaviour of children, even after accounting for other
differences--in particular family structure and maternal schooling--between low- and high-income
families. While the duration of poverty matters, its timing in early childhood does not. Age-5
IQs are found to be higher in neighbourhoods with greater concentrations of affluent neighbours,
while the prevalence of low-income neighbours appears to increase the incidence of externalising
behaviour problems. Gershoff, E. et al(2007). research has clearly established that low family
income has negative impacts on children’s cognitive skills and social – emotional competence,
less often is a family’s experience of material hardship considered. The findings have implications
for future study of family income and child development and for identification of promising
targets for policy intervention. C. Cybele Raver et al(2007), research has clearly established
that low family income has negative impacts on children's cognitive skills and social-emotional
competence, less often is a family's experience of material hardship considered.the findings have
implications for future study of family income and child development and for identification of
promising targets for policy intervention. Elizabeth T. et al (2008), research has clearly
established that low family income has negative impacts on children's cognitive skills and social-
emotional competence, less often is a family's experience of material hardship considered. was
found for a model that identified unique parent-mediated paths from income to cognitive skills
and from income and material hardship to social-emotional competence. The findings have
implications for future study of family income and child development and for identification of
promising targets for policy intervention. Vonnie McLoyd(2013), Poverty touches the lives of
millions of American children and has been robustly shown to compromise child and adolescent
development across virtually all domains of functioning including physical and mental health,

Page | 269
cognitive, academic, and educational attainment. This chapter discusses various perspectives that
have emerged as explanations of the link between poverty and young people’s
development,reviews research evidence relevant to these perspectives, and identifies important
avenues for future research. Laurie Long Kwan Ho (2014), This study sheds light on the
associations between parent–child relationships, parental stress and parenting practices in low-
income families. These findings will enhance nurses' understanding of the impact of poverty on
parent–child relationships, and highlight the need for nurses to ensure that underprivileged
parents and their children receive adequate primary care to prevent the development of
psychological problems in this vulnerable group. Greg J. Dunca(2019), Studies have shown
that family poverty is linked to negative effects on children's health, achievement, and behaviour.
The studies have measured the timing, depth, and duration of poverty on children, or accounted
for other family characteristics that may affect outcomes. Poverty during preschool and early
school years is linked to lower rates of school completion. Early childhood interventions may
be most effective in reducing poverty's impact on children. Patel et al. (2017), the researchers
aimed to investigate the relationship between poverty and juvenile delinquency. Utilising a large-
scale survey with a sample size of 1 ,000 adolescents from diverse socio-economic backgrounds,
the research revealed that adolescents from economically disadvantaged families were more
likely to engage in delinquent behaviours. The study also found that family factors, such as
parental involvement and communication, mediated the impact of poverty on juvenile
delinquency, suggesting the importance of family system functioning in mitigating negative outcomes.

METHODOLOGY
The research method followed is empirical research. The data is collected through a questionnaire
and the sample size is 200. A convenience sampling method is adopted in the study to collect
the data. The samples were collected from the general public with special reference to the
Chennai region. The independent variables are gender, age, education qualification, occupation,
marital status of respondents. The dependent variables are the impact of children in poverty
within the family, family’s environment affecting child development, family affecting child’s
social development, main causes of poverty and impact of poverty on the family system. The
researcher used graphs to analyse the data collected.

ANALYSIS FIGURE 1

LEGEND: Figure 1 shows respondents' view on the rate of the impact of poverty on the
family system functioning.

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FIGURE 2

LEGEND: Figure 2 shows respondents' view on the impact of children in poverty within the
family with the gender of the respondent.

FIGURE 3

LEGEND: Figure 3 shows the respondent view on the impact of children in poverty within
family with the age of the respondent.

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FIGURE 4

LEGEND: Figure 4 shows the respondents view on the family environment affected child
development with the education qualification of the respondent.

FIGURE 5

LEGEND: Figure 5 shows the respondent’s view on the family environment affecting child
development.

Page | 272
FIGURE 6

LEGEND: Figure 6 shows the respondent view on the family’s effect on child’s social
development with the occupation of the respondent.

FIGURE 7

LEGEND: Figure 7 shows the respondent’s view on the main causes of poverty with the
gender of the respondent.

Page | 273
FIGURE 8

LEGEND: Figure 8 show

s the
respondent’s view on the main causes of poverty.

Page | 274
FIGURE 9

LEGEND: Figure 9 shows the respondent view on the impact of children in poverty within
family with the age of the respondent.

CHI SQUARE TESTS

NULL HYPOTHESIS: There is no association between the impact of children in poverty within
the family and age of the respondent.

ALTERNATIVE HYPOTHESIS: There is an association between the impact of children in

poverty within the family and age of the respondent.

Page | 275
INTERPRETATION
The calculated p value is .000. Since P value <0.05, null hypothesis is rejected. So there is
an association between the impact of children in poverty within the family and age of the
respondent.

FIGURE 11 CHI SQUARE TESTS

NULL HYPOTHESIS: There is no association between a family environment effect on a child's
social development and the gender of the respondent.

ALTERNATIVE HYPOTHESIS: There is an association between a family environment effect

on a child's social development and the gender of the respondent.

Page | 276
INTERPRETATION
The calculated p value is .000. Since P value <0.05, null hypothesis is rejected. So there is
an association between a family environment's effect on a child's social development and the
gender of the respondent.

CHI SQUARE TESTS

NULL HYPOTHESIS: There is no association between a family's effect on a child's social
development and the gender of the respondent.

ALTERNATIVE HYPOTHESIS: There is an association between a family's effect on a child's

social development and the gender of the respondent.

Page | 277
INTERPRETATION
The calculated p value is .000. Since P value <0.05, null hypothesis is rejected. So there is
an association between a family's effect on a child's social development and the gender of the
respondent.

FIGURE 13

CHI SQUARE TESTS

NULL HYPOTHESIS: There is no association between the main causes of poverty and age of
the respondent.

ALTERNATIVE HYPOTHESIS: There is an association between the main causes of poverty

and age of the respondent.

Page | 278
INTERPRETATION
The calculated p value is .000. Since P value <0.05, null hypothesis is rejected. So there is
an association between the main causes of poverty and age of the respondent.

ANOVA

NULL HYPOTHESIS: There is no significant difference in the impact of children in poverty

within the family and the age of the respondent.

ALTERNATIVE HYPOTHESIS: There is a significant difference in the impact of children in

poverty within the family and the age of the respondent.

INTERPRETATION
The calculated p value is .000. Since P value <0.05, null hypothesis is rejected. So there is a
significant difference in the impact of children in poverty within the family and the age of the
respondent.

FIGURE 15
NULL HYPOTHESIS: There is no significant difference in the impact of poverty on the family
functioning and age of the respondent.

ALTERNATIVE HYPOTHESIS: There is a significant difference in the impact of poverty on

the family functioning and age of the respondent.

Page | 279
INTERPRETATION
The calculated p value is .000. Since P value <0.05, null hypothesis is rejected. So there is a
significant difference in the impact of poverty on the family functioning and age of the
respondent.

RESULTS
From the figure 1 it understood that 10% of the respondents rated 9 and 90% of respondents
rated 10. Figure 2 shows that 75% of female respondents stated that the ministry of law and
justice is the impact of children in poverty within the family whereas 15% of male respondents
had stated the law commission is the impact of children in poverty within the family. Figure
3 shows that 75% of respondents of age below 20 years stated the ministry of law and justice
as the impact of children in poverty within family and respondents of age gap of 21 to 41
years stated the administrative commission is the impact of children in poverty within family.
Figure 4 shows that 75 % of respondents whose education qualification is undergraduate stated
quasi judicial function of family environment affects the child development and 10% of
postgraduate stated purely administrative function of family environment affects the child
development. Figure 5 shows that 75% of respondents stated that the quasi judicial function
of the family environment affects the child development. Figure 6 shows that 75% of respondents
who are unemployed stated that administrative tribunals affect the children's social development
and 15% of the respondents who are working in public sector stated comptroller and auditor
general of india are affecting child’s social development. Figure 7 shows that 75% of female
respondents stated Article 323 - A is the main cause of poverty and 15% of male respondents
stated Article 323 is the main cause of poverty. Figure 8 shows that 85% of respondents stated
Article 323 - A is the main cause of poverty. Figure 9 shows that 75% of respondents stated
the ministry of law and justice as the impact of children in poverty within the family and 10%
of respondents stated the administrative commission is the impact of children in poverty within the
family.

DISCUSSIONS
Figure 1 states that 90% of the respondents rated 10 for the impact of poverty on the family
system functioning because poverty can contribute to interparental conflict, which plays a key
role in family dynamics and can be a precursor to negative child outcomes. Figure 2 states
75% of female respondent stated that ministry of law and justice is the impact of children in
poverty within family because While the direct impact on children in poverty might not be the
primary focus of the Ministry of Law and Justice, its role in creating and enforcing laws,

Page | 280
promoting justice, and protecting rights can indirectly contribute to addressing the challenges
faced by these children and improving their overall well-being. Figure 3 states 75% of
respondents of age below 20 years stated the ministry of law and

justice as the impact of children in poverty within family because While the direct impact on
children in poverty might not be the primary focus of the Ministry of Law and Justice, its role
in creating and enforcing laws, promoting justice, and protecting rights can indirectly contribute
to addressing the challenges faced by these children and improving their overall well-being.
Figure 4 shows that 75 % of respondents whose education qualification is undergraduate stated
quasi judicial function of the family environment affects the child development.Because it is
important to note that the impact of the quasi-judicial function of the family environment on
child development may vary based on factors such as parenting styles, cultural context,
socioeconomic status, and individual differences. Nevertheless, when parents exercise their quasi-
judicial function in a thoughtful, nurturing, and consistent manner, it generally has a positive
influence on a child's overall development. Figure 5 shows that 75% of respondents stated that
the quasi judicial function of the family environment affects the child development.Because it
is important to note that the impact of the quasi-judicial function of the family environment on
child development may vary based on factors such as parenting styles, cultural context,
socioeconomic status, and individual differences. Nevertheless, when parents exercise their quasi-
judicial function in a thoughtful, nurturing, and consistent manner, it generally has a positive
influence on a child's overall development. Figure 6 shows that 75% of respondents who are
unemployed stated that administrative tribunals affect the children's social development. It's
important to note that the impact of administrative tribunal decisions on children's social
development can be both positive and negative, depending on the circumstances and the specific
decisions made. While tribunals aim to make decisions in the best interests of the child, the
outcomes can still have far-reaching effects on their social well-being. Figure 7 shows that
75% of female respondents stated Article 323 - A is the main cause of poverty. It may be
due to The United Nations Social Policy and Development Division identifying “inequalities in
income distribution and access to productive resources, basic social services, opportunities” and
more as a cause for poverty. Groups like women, religious minorities, and racial minorities are
the most vulnerable. Figure 8 shows that 85% of respondents stated Article 323 - A is the
main cause of poverty. It may be due to The United Nations Social Policy and Development
Division identifying “inequalities in income distribution and access to productive resources, basic
social services, opportunities” and more as a cause for poverty. Groups like women, religious
minorities, and racial minorities are the most vulnerable. Figure 9 states 75% of respondents
stated the ministry of law and justice as the impact of children in poverty within family because
While the direct impact on children in poverty might not be the primary focus of the Ministry
of Law and Justice, its role in creating and enforcing laws, promoting justice, and protecting
rights can indirectly contribute to addressing the challenges faced by these children and improving
their overall well-being.

LIMITATIONS
One the major limitations of the study in the sample frame. There is a major constraint in the
sample frame as it is limited to a small area. Thus, it proves to be difficult to explore it to

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the large population. Another limitation is the sample size of 200 which cannot be used to
assume the thinking of the entire population in a particular country, state, or city.

CONCLUSION AND SUGGESTION

The impact of poverty on family system functioning and the social and behavioural aspects of
juveniles is a complex and multifaceted issue. Poverty can significantly affect a family's
resources, opportunities, and overall well-being, which in turn can have direct and indirect
consequences for children and adolescents. The major objective of the research is to understand
the main cause of poverty and to analyse a family's environment affecting child development.
Through this research it found that according to respondent Article 323-A is the major cause
of poverty and quasi judicial function of the family environment affects the child development.It
is important to note that the impact of poverty on family functioning and juvenile development
can vary depending on individual and contextual factors. While poverty poses significant
challenges, supportive social policies, community resources, and interventions targeted at
addressing the specific needs of families and juveniles can help mitigate the negative effects and
promote positive outcomes.

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12 | P a g e
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Rachit Sharma Assistant Professor, IILM University, Greater Noida, Uttar

Pradesh Mr. Rachit Sharma completed his LL.M. and B.A.LL.B (Hons.) from
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