Digital constitutionalism and platform governance: rethinking rights and regulation in India’s social media ecosystem

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This case comment analyses the recent Kerala High Court decision in Cry of Life Society v Union of India, where a petition was filed to declare India's law on abortion unconstitutional for violating the right to life of the foetus. The High Court dismissed the petition, upholding the constitutionality of the legislation as protecting women's right to life. The author discusses the High Court's order, narrowing in on the right to life argument used by the Court, and the right to life argument that the Court missed. This analysis distils and responds to the 'shades of life' underlying abortion law in India.

(Draft) Paper on Information Technology Act, 2000 and the Data Protection Rules

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In September, addressing the limitations of abortion laws in India, the Medical Termination of Pregnancy (Amendment) Act 2021 came to force. The case, Meera Santosh Pal vs Union of India, further exposes the issues with the Medical Termination of Pregnancy Act 1971 and explains why there was a desperate need for an amendment. While the Medical Termination of Pregnancy (Amendment) Act 2021 garnered praise, abortion in India is still a question of morality concerning many religions. Even though India promulgated the Medical Termination Act in 1971, it was fraught with issues that were left unaddressed. Is the amendment successful in undoing the fallacies of the principal Act? What has been the role of the Indian Judiciary in this respect? The researchers writes a case analysis for Meera Santosh Pal vs Union of India. They also highlights other such cases that visibilised the issues with the 1971 Act.

For much of the second half of the 20th century, H. M. Seervai was a leading advocate of the Bombay High Court. He argued some of the most important constitutional cases decided by the Supreme Court of India and in 1970 he resolved to write his Constitutional Law of India. It became the leading text on Indian constitutional law. It is still in widespread use. Many instances of recent citations are quoted. But Seervai’s book is not the usual commentary on the text of the Indian constitutional and case law. Instead, the book contains a running discussion on the shifts in direction, as well as sharp criticisms, where Seervai felt that the courts had strayed from correct constitutional doctrine. Seervai died in 1996 as the fourth edition was just completed. In this article, originally given as a lecture in Mumbai in 2007 on the centenary of Seervai’s birth, the author questions Seervai’s testamentary prohibition on posthumous editions of his text. He urges that a new edition should be produced to keep Seervai’s legacy alive not only in India but in other constitutional democracies where Indian judicial authority is increasingly cited. * Based on the H. M. Seervai Centenary Lecture, delivered at the Bombay High Court, Mumbai, India on 9 January 2007. The original essay was published in Legal Studies. ** The Hon Justice Michael Kirby AC CMG is a justice of the High Court of Australia. The author acknowledges the assistance of Adam Sharpe, legal research officer in the Library of the High Court of Australia.

This article analyses the latest modifications in Corporate Law or Business law in India and how these modified laws impact Private companies or the Private sector. The Companies Act of 2013 has been amended to improve the administration and accountability of companies. The ‘Satyam Computer Service Ltd. Vs Serious Fraud Investigation Office’ landmark case contributed to major Amendments to the Companies Act of 2013, which shows that companies need independent directors to provide neutral surveillance, and audit committees are essential to ensure truthfulness and integrity. These major amendments are as follows: (1) Compulsory independent directors, (2) Separate meetings for independent directors, (3) Compulsory audit committee, and (4) Consolidated audit committee responsibilities. ‘Samsung Vs Union of India’ case has also led to a significant development in Corporate Law, specifically in the field of Corporate Social Responsibility, which explains that companies must utilize 2 per cent of their profits on Corporate Social Responsibility practices by ‘section 135 of the Companies Act of 2013’ and all private companies must tell their Corporate Social Responsibility practices and expenses in the Financial Report. This case ruling has implications for all private companies of India whose net worth of Rupees 500 crore or more must utilise 2 per cent of their average profit on Corporate Social Responsibility and private companies must develop ‘Corporate Social Responsibility’ policies and strategy by ‘schedule 7th of the Companies Act, 2013’. Private companies must focus on corporate government and social responsibility for sustainable growth and trust from society and investors.

The increasing dependence on digital platforms and information technologies has led to the emergence of cybercrimes that disproportionately target women. As India advances technologically, incidents of online abuse, harassment, privacy invasion, and digital exploitation of women have risen sharply. The Indian Constitution, through its provisions and judicial interpretations, offers various safeguards aimed at protecting women’s dignity, privacy, and freedom in cyberspace. This review explores the constitutional and legal frameworks governing cybercrimes against women, including key provisions under Articles 14, 19, and 21, and landmark judgments such as Shreya Singhal v. Union of India. It also highlights the growing significance of the right to privacy & freedom of expression in the digital age. The study emphasizes the urgent need for stronger enforcement mechanisms, judicial vigilance, and public awareness to ensure that cyberspace remains a secure and equitable platform for women. By examining constitutional guarantees, legislative measures, and judicial perspectives, this paper seeks to underline the importance of upholding women’s rights and human dignity in the evolving digital environment.

The lives of human beings are full of complexities, but LGBT face much more trauma compared to other people. What is necessary is to understand the sentiments of the LGBT community and also to grant them common human rights. But the world lowers its eyes and refuses a discussion over the granting of basic human rights to the LGBT community. And it is so sad to see that such discrimination exists even in the 21st century. Indian law, on the whole, only recognizes the paradigm of the binary genders of male and female, based on a person’s sex assigned at birth, which permits a gender system, including the laws relating to marriage, adoption, inheritance, succession and taxation, and welfare legislation. The most pertinent question with respect to the LGBT community is whether LGBT are to be discriminated against by other human beings. Merely being different does not give others the authority to ostracize one from society. In fact, in July 2009 the Delhi High Court ruled that consensual same-sex relations between adults in private could not be criminalized. Then in a recent judgment, the Supreme Court of India expressed its concerns over the mental trauma, emotional agony and pain of the members of the transgender community: all forms of mental suffering of the LGBT community, as well as ignorance and isolation of the community, were brought to an end by the Court’s decision in National Legal Services Authority v. Union of India & Others.

The lives of human beings are full of complexities, but LGBT face much more trauma compared to other people. What is necessary is to understand the sentiments of the LGBT community and also to grant them common human rights. But the world lowers its eyes and refuses a discussion over the granting of basic human rights to the LGBT community. And it is so sad to see that such discrimination exists even in the 21st century. Indian law, on the whole, only recognizes the paradigm of the binary genders of male and female, based on a person’s sex assigned at birth, which permits a gender system, including the laws relating to marriage, adoption, inheritance, succession and taxation, and welfare legislation. The most pertinent question with respect to the LGBT community is whether LGBT are to be discriminated against by other human beings. Merely being different does not give others the authority to ostracize one from society. In fact, in July 2009 the Delhi High Court ruled that consensual same-sex relations between adults in private could not be criminalized. Then in a recent judgment, the Supreme Court of India expressed its concerns over the mental trauma, emotional agony and pain of the members of the transgender community: all forms of mental suffering of the LGBT community, as well as ignorance and isolation of the community, were brought to an end by the Court’s decision in National Legal Services Authority v. Union of India & Others.

ENVIRONMENTAL ACTIVISM AND PILS IN INDIA T. JEBA VASANTH, BA.LLB(HONS) Student Download Manuscript doi.org/10.70183/lijdlr.2025.v03.181 In India's ecological defines landscape, Public Interest Litigation (PIL) has become a game-changing legal tool that has radically changed the way environmental justice is sought and attained. PIL has enabled individuals, groups, and environmental activists to directly petition the court on In India's ecological defines landscape, Public Interest Litigation (PIL) has become a game-changing legal tool that has radically changed the way environmental justice is sought and attained. PIL has enabled individuals, groups, and environmental activists to directly petition the court on behalf of public issues since the 1980s, eschewing the conventional legal standing criteria that hitherto impeded environmental campaigning. Through historic cases like Vellore Citizens Welfare Forum v. Union of India, T.N. Goda Varman Thirumulpad v. Union of India, and M.C. Mehta v. Union of India (Ganga Pollution Case), the Indian judiciary especially the Supreme Court and High Courts has used PIL to broaden environmental jurisprudence.

The exponential growth of the internet, mobile technologies, and social media platforms has transformed communication, commerce, and social interaction but has also created unprecedented opportunities for digital victimization. Victimology in the Digital Age explores the evolving nature of victimization in cyberspace, where anonymity, transnational reach, and rapid content dissemination heighten the vulnerability of individuals and communities. This study examines the forms of digital victimization-including cyberstalking, online harassment, non-consensual dissemination of intimate images, financial phishing scams, child sexual exploitation, and identity theft-while highlighting the psychosocial, economic, and reputational harms inflicted upon victims. The paper analyzes domestic legal frameworks such as the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023 (formerly IPC), the Protection of Children from Sexual Offences (POCSO) Act, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as well as landmark judicial decisions like Shreya Singhal v. Union of India and Justice K.S. Puttaswamy (Retd.) v. Union of India. Further, it evaluates international norms and standards, including the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (1985), to identify best practices for victim protection. Special emphasis is placed on the rights of digital victims, including access to justice, protection from secondary victimization, privacy, compensation, rehabilitation, and participation in legal processes. The study argues for multi-layered state obligations beyond prosecution, encompassing legislative reform, victim support services, capacity-building of law enforcement, and public-private partnerships with technology platforms for rapid takedown of harmful content. Through a victim-centric approach, the paper underscores the need for a robust accountability ecosystem that balances constitutional freedoms with the imperative to protect victims in cyberspace. By integrating jurisprudential developments, comparative perspectives, and practical strategies, this research aims to provide a comprehensive framework for addressing digital victimization and safeguarding the dignity and rights of victims in the information age.

The transgender people have been indispensable in Indian society. Old British-era laws in India have limited the rights of transgender people. Sexual minorities have waited for extended acceptance of their identity and rights since the India Constitution were adopted. They have been considered as second-class citizens, suffered prejudice and persecution. The Supreme Court decided in NALSA v. Union of India that transgender people constitute a "third gender." Furthermore, some of Section 377 of the Indian Penal Code 1860 was decriminalized, which had limited consenting sexual relationships between homosexual couples as proven in Navtej Singh Johar v. Union of India. Established to uphold the rights and dignity of transgender people in India, the Transgender Persons (Protection of Rights) Act, 2019 this act aims to address important issues including discrimination, education, employment, and healthcare; nonetheless, it has been attacked for its seeming flaws and disparities in fulfilling community needs. Emphasizing the Act's provisions, implementation challenges, and shortcomings compromising its effectiveness, this paper meticulously investigates the Act. The study makes specific recommendations based on legal analyses, case studies, and comments from the transgender community that guarantee the Act more closely aligns with the values of fairness and social justice, so addressing current gaps

Objectives: Euthanasia, which is the act of intentionally ending a life to relieve suffering, is still a controversial issue around the world with big legal, moral, and cultural effects. This study looks at the laws around euthanasia in India, with a focus on how they have changed throughout time in the Constitution and the courts. India allows passive euthanasia with tight rules, but it does not allow active euthanasia. The study uses a doctrinal approach and compares India's approach to those of other countries, including as the Netherlands, Belgium, Canada, and the United States, where euthanasia laws are less strict. This article looks at the ethical, legal, and medical issues that come up while trying to put euthanasia legislation into place by looking at important Indian Supreme Court cases including Aruna Shanbaug v. Union of India (2011) and Common Cause v. Union of India (2018). It also looks into the roles of judicial monitoring, medical ethics, and keeping weak people safe. The report calls for a more comprehensive set of laws in India, using the best practices from throughout the world and taking into account India's own social and cultural situation. This study adds to the continuing discussions about euthanasia by recommending a balanced strategy that protects people from possible abuse while also respecting their freedom