Indian Law Research Articles

A Comprehensive Review of Sedition Laws in India: Analysis of Section 152 Of BNS and Section 124 A of IPC

Sedition refers to actions or behaviors that encourage rebellion against the governing authority or sovereign authority. In India, sedition laws were introduced during British rule to suppress opposition to the colonial government. Section 124A of the Indian Penal Code (IPC) punished individuals who voiced dissent or protested against the British. After India gained independence, the sedition law continued to be in place, despite growing concerns over its misuse. The United Nations Human Rights Committee has raised objections, urging the repeal of sedition laws in India to align with international human rights standards. These concerns were particularly highlighted during protests such as those against the Citizenship Amendment Act in 2019, where sedition charges were perceived as a tool for silencing dissent. In December 2023, the Indian government passed a new act replacing the IPC with a new code, the BNS. This revision introduced significant changes to sedition laws, including broader definitions and more severe punishments. Critics argue that while the law aims to protect national security and unity, it also poses risks of misuse, particularly in curbing free expression. Provisions like "subversive activities" remain vague, contributing to ongoing debate and calling for greater clarity in its application. The law continues to attract criticism for its potential to stifle legitimate dissent under the guise of national security.

Fiduciary duties in the climate context: Indian law with comparative notes

This article will discuss the fiduciary duties of directors under Indian laws to consider climate risk and work toward adaptation and mitigation. The second part of this article will briefly examine the effects of climate change on the Indian corporate landscape. Following this, the third part will analyze the Indian legal framework that governs director duties in the context of climate change. The fourth section of this article will explore the challenges that hinder the enforcement of the directors’ duties to act in the interests of stakeholders, including the environment. Subsequently, the fifth section will offer policy recommendations and legal reform suggestions on managing the issues raised in the preceding section. Lastly, the article will concludes, emphasizing the need to have a robust system for nudging directors to take into account the interests of an array of stakeholders, while undertaking and managing commercial ventures.

The Impact of Artificial Intelligence on Cyber Laws in India

The Impact of Artificial Intelligence on Cyber Laws in India

Perception of Pedodontists Regarding Dental Care in Children with Special Needs in India: A Cross-sectional Study.

Pedodontists have a vital role in maintaining the overall health of children with special health care needs (CSHCN) by providing basic, preventive, comprehensive, and restorative dental care to such children. In doing so, Pedodontists face many challenges due to several environmental and nonenvironmental barriers. The aim is to gain insight into the perceptions of Pedodontists in India on providing oral health care to CSHCN and the challenges they encounter in doing so. The self-administered questionnaire, with 20 questions, was made available through online resources to 250 randomly selected Pedodontists from all over India. The questionnaire evaluated the Pedodontists' practices, attitudes, level of knowledge/awareness, and the barriers they encounter during the management of CSHCN. Regarding attitude, even though 81.7% of Pedodontists were confident in managing CSHCN, 88.7% were in favor of developing super specialization in special care dentistry and skill upgradation at the postgraduation level. With regard to knowledge/awareness, about 98.6% of Pedodontists were aware of the dental home, and 45.1% were aware of Indian laws for disabled people. Even though inadequately motivated parents (39.4%) and lack of access to dentists providing care (22.5%) were stated as the greatest barriers to receiving dental treatment by CSHCN, lack of training was the major problem perceived by the Pedodontists in treating CSHCN. The dental curriculum model, both at the undergraduate and postgraduate levels, needs to be revived to equip future dentists to deal with CSHCN. Special care dentistry should be adopted as a super-specialty in pediatric dentistry for treating CSHCN. This study enlightened us about the difficulties faced by pediatric dentists in providing dental health care to CSHCN and explored customized strategies to address these challenges, thereby improving the quality of dental treatment for such children. Kaul S, Kumar A, Mahajan P, et al. Perception of Pedodontists Regarding Dental Care in Children with Special Needs in India: A Cross-sectional Study. Int J Clin Pediatr Dent 2024;17(12):1340-1345.

Need for Refugee Law in India considering the situation of Afghan Refugees

Need for Refugee Law in India considering the situation of Afghan Refugees

Fundamentals of Criminal Law in India: An Overview

Fundamentals of Criminal Law in India: An Overview

Use of drones in Indo‐Pak cross border terrorism: Challenges, regulations and evolving responses

AbstractThe proliferation of drones to states and non‐state actors has created newer challenges for national security & border management. Globally, drones are being used by security forces as force multipliers in military operations, while non‐state actors are employing drones for carrying out terror strikes, smuggling arms, narcotics, and by citizen journalists and other groups for disseminating information on government crackdown on public protests. The paper traces the increasing usage of drones in India, especially since 2019, while also analyzing the multifarious challenges faced by Indian security forces and law enforcement agencies from the use of drones by non‐state actors. It analyses the rules and regulations that have been put in place in India to manage the spread of UAS/drones in the country while not stifling the domestic manufacturing. Finally, the paper explores the possible systems that have been explored by India and other countries to counter UAS/drones and the challenges posed in effectively countering drones in border regions.

A Comparative Study of Abortion Laws in India and USA – With Special Reference to Women’s Rights and Reproductive Autonomy

The changes in the laws regarding abortion in India and the USA have a relation with societal attitudes toward women's rights and reproductive autonomy. India's Medical Termination of Pregnancy Act has evolved over time, allowing abortions under specific circumstances. However, the challenges persist due to centric and socio-economic factors. The USA established a constitutional right to abortion in the case of Roe-vWade decision in 1973 and Dobbs-vs-Jackson Women's Health Organization decision in 2022 which overturned federal protections leading to growing factors on rights over women's autonomy. Historical, cultural, and political factors determine the nature of the abortion laws in India and the USA. The Medical termination of Pregnancy Act empowers Indians-all women, irrespective of her being married or single-to undergo abortions before the completion of 24 weeks of gestation; however, this only recognises sovereignty as in all matters related to the female's reproductive health and life. The United States rolled back a century's worth of legal abortions in the decision case that led to the overturning of Dobbs -vs- Jackson Women's Health Organization after years of Roe -vs- Wade. It's going to increase the barriers coming under geographical location, socio-economic, and political consideration, which results in a problem in accessing the abortion service, which is provided both safely and legally, the amendment in India's Medical Termination of Pregnancy Act of giving importance to women autonomy related to abortion and US the Dobbs -vs- Jackson decision overturns the Roe -vs- Wade leading to restrictions for gaining access. Both countries in the present fight for reproductive justice and women's rights under the abortion laws have placed high emphasis on the aspect of fair access to reproductive health care.

A New Age of Data Privacy Laws in India: Review of Digital Personal Data Protection Act, 2023

Having been duly sanctioned from both the Houses of the Parliament of India, the “Digital Personal Data Protection Bill” was formally enacted by the President of India on August 11, 2023. After deliberations and debates spanning over 2 years, the Digital Personal Data Protection Act 2023 stands as the outcome of the fifth iteration of the proposed personal data protection legislation. As India’s first-ever cyber-privacy Act, it is designed to protect all Indians’ personal data. The enactment marks a significant milestone by establishing a devoted legal framework in the country. It draws attention to the significance of the Indian Data Protection Board, its main features, and the responsibilities and rights of both individuals and organizations. Non-personal data is not covered by the DPDP Act, which is focused on digital personal data. The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data of Information) Rules, 2011 and Section 43A of the Information Technology Act, 2000 will be superseded by the DPDP Act 2023 - once its provisions come into effect. The Act is applicable to the treatment of digital personal data in India regardless of whether the data is digitised after being collected offline or online. If such processing is done outside of India in order to supply services or products in India, it will also be covered. Only with an individual’s consent and for a legitimate reason personal data can be handled. Certain lawful uses, such as an individual’s voluntary data sharing or the State’s processing of data for licences, permits, benefits, and services, may not require consent. Data Fiduciaries will have a duty to ensure data accuracy, store data securely, and remove it after it has served its purpose.

License to rape: examining digital activism around marital rape in India

ABSTRACT An analysis of 60,000 tweets surrounding the #MarriageStrike hashtag that trended as a reaction to marital rape laws in India showed that in certain situations, activists can appropriate a misogynistic hashtag for feminist activism. But while this certainly helped facilitate conversations around women’s rights, its ability to fight gender discrimination was limited. This study also marks the presence of Men’s Rights movements in the Indian digital activism space. Tweets displayed circumscribed awareness about minority and caste-related assault in traditionally marginalized groups, emphasizing critical characteristics of digital activism around sexual assault in India. Conversations noted the generational trauma of assault and highlighted a narrow public understanding regarding issues of consent. Relentless trolling and extreme misogyny, led by organizations protecting men’s rights, operated as a type of citizen vigilantism and cruelly delegitimized crucial conversations regarding sexual assault in marriage.

Merits and Demerits of Public Law

1This study provides an overview of the concept of public law in India. Public law is a fundamental pillar of any democratic society. Public law governs the relationship between individuals and the state. In India, a nation known for its diverse culture, historical heritage, and evolving legal framework, This analysis of multifaced dimensions of public law in India, governs constitutional law, administrative law, criminal law various other branches that shape the interactions between the government. It exercises the power of the government and public authorities. It examines the evolution of public law in India from its colonial legacy to its modern avatar as enshrined in the Constitution of India, which serves as the supreme legal document guiding the nation. This analysis also discusses the role of the judiciary, particularly the Supreme Court of India, in interpreting and safeguarding public law principles. Additionally, it explores the challenges and complexities associated with public law enforcement, including issues related to administrative transparency, fundamental rights, and the balance between individual liberties and the collective welfare of society.

Implementing farmers' rights under the plant variety protection law in India: Analysing the complex regulatory framework and its impact

AbstractThe Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPVFR Act) in India was touted as a unique law when it was enacted as it included farmers' rights provisions as well. The legislation contains some tall promises, which, if implemented in their truest sense, would assist the farmers in getting recognition and rewards for the conservation efforts that they have put in. This paper examines the implementation of the Act from the viewpoint of the delegated/subordinate/secondary legislation, which constitute the practical framework for implementing the primary legislation in practice. Although the PPVFR Act includes a separate chapter on farmers' rights, it is not certain whether the legislation's stated objective of protecting the rights of farmers has been realised or not. The uncertainty is mainly because of the inconsistencies between the PPVFR Act and the delegated/subordinate legislation, which will be the focus area of this paper. The present paper contends that the ineffective implementation of the PPVFR Act can be attributed to the arbitrary actions undertaken by the central government and PPVFR Authority in contravention of the statute via public notices, rules, and regulations. This, in turn, has contributed to the deplorable plight of the farmers in multiple ways.

Exploring the nexus of renewable energy and international investment law in India: Opportunities and issues

Exploring the nexus of renewable energy and international investment law in India: Opportunities and issues

Empirical insights into the legal quicksand: the case of patent illegality in Indian arbitration

Abstract This paper delves into the intriguing evolution of patent illegality in Indian arbitration law, a concept formalized by the Supreme Court in the Saw Pipes case and later refined by the 2015 Amendment to the Arbitration and Conciliation Act, 1996. Analysing 699 cases from 2016 to 2023 reveals a striking 29.38 per cent success rate for arguments based on patent illegality. Despite the Supreme Court’s intent to restrict its scope, lower courts often delve into case merits under this guise. Key rulings like Ssangyong Engineering and Delhi Airport Metro Express highlight the judiciary’s struggle to maintain this balance. The study critiques the inconsistent application of standards under patent illegality, leading to contradictory verdicts and threatening arbitration finality. Overall, this analysis underscores the critical need for clearer judicial guidelines to ensure a balanced approach that respects both the autonomy of arbitral awards and the supervisory role of the judiciary. The findings suggest that current judicial practices may inadvertently expand the scope of patent illegality, thus necessitating reforms to align with the intended legislative framework.

Comprehensive Overview of Disability-Related Policies and Laws in India: A Narrative Review

Comprehensive Overview of Disability-Related Policies and Laws in India: A Narrative Review

Through the looking glass: Locating litigation privilege under the Indian evidence code

Indian law is increasingly being tested on issues relating to third-party communication during litigation. One aspect that has been the subject of discussion both in India and other common law jurisdictions is the law relating to privilege that applies to communications between litigants and third parties, in situations where standard rules of ‘attorney-client privilege’ do not apply. This article aims to identify the origins and sources of the law on litigation privilege in India to construct a functional understanding of the applicability of the rule of evidence in Indian adjudicatory processes. It systematically analyses attempts made by Indian courts to import English law rules on litigation privilege to address the foundational weaknesses in the current approaches to importation, suggesting pathways which may be utilised by legal actors to tackle issues relating to such privilege using a textual, legal historical approach.

Critical Analysis of Green Technology and Green Patents

This research is mainly focused on the possibilities of green patents in supporting the global partnerships, open access and collaboration for the development of environmental technologies; patent thickets, blockages and licensing issues effecting the development of green technologies; Indian laws in promoting and safeguarding green patents.

Transplanting Absolute Priority in Indian Bankruptcy Law: Part II

In 2016, India revamped its bankruptcy legislation and introduced a new framework for resolution of financially distressed businesses. The Insolvency and Bankruptcy Code (IBC) was intended to usher in a new era of efficiency and galvanize India’s ailing bankruptcy regime. The results thus far have been mixed. One of the issues that has frequently arisen under the new regime is how to distribute the resolution proceeds amongst different classes of creditors. The doctrine evolved by courts and tribunals has been to leave any question on distribution to the discretion of the Committee of Creditors – an approach developed to insulate bankruptcy proceedings from excessive judicial interference. In this paper, which will be published across two volumes, I endeavour to show that this approach is flawed and contributes to the systemic problems afflicting the Indian bankruptcy regime. Drawing on doctrine developed in transnational bankruptcy law, I argue in favour of adopting the absolute priority rule as a fixed rule for distribution of resolution proceeds in India, which can augment value maximization and enable efficient resolution of distressed debt. In Part I of this paper, which was published in the previous volume, I traced the origins, evolution and migration of the absolute priority rule in transnational bankruptcy law. In Part II, I contextualize rules of priority in India and make the case for transplanting absolute priority in Indian bankruptcy law.

Comparative Analysis of Price Fixing in India and USA - An Overview

Abstract: The Preamble to the Indian Constitution states that- “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: Justice, social, economic and political. LIBERTY of thought, expression, belief, faith and worship. EQUALITY of status and of opportunity and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation. In Our Constituent Assembly this twenty-sixth day of November 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.” It is a reflection of the core constitutional values and declares India to be a Sovereign, Socialist, Secular, Democratic, Republic committed to Justice, Equality and Liberty for the people. The objective of the Competition Act, 2002, also reflects the same core values as our Indian Constitution. It clearly states the following objectives:  to prevent practices having adverse effect on competition.  to promote and sustain competition in markets.  to protect the interests of consumers.  to ensure freedom of trade carried on by other participants in markets, in India, and for matters connected therewith or incidental thereto. It is here to be noted that prior to the Competition Act, 2002, the Monopolies and Restrictive TradePractices (MRTP) Act, 1969, was the first piece of legislation to deal with antitrust law in India and to restraint the abuse of market power. However, at the wake of globalization, liberalization and privatization the MRTP Act, 1969 was considered as obsolete and was replaced by the Competition Act, 2002, on the recommendation of the Raghavan Committee. The Competition Act, 2002, as amended by the Competition (Amendment) Act, 2007, or the MRTP Act, 1969, were however not the first piece of legislation to deal with the antitrust law globally nor did it first originate in India. The antitrust law was for the very first time developed in the United States in the late nineteenth C.E. In this paper we will be making a detailed comparison between USA and India with respect to Price Fixing, the related legislations and the agencies dealing with such issues in their respective jurisdiction

Revealing Media Trials in Indian Law: Critical Analysis

This article delves into the intricate phenomenon of media trials in Indian jurisprudence, offering a critical analysis of their impact on the nation’s legal landscape and society at large. It explores the evolution of media trials, examining their historical roots and transformation in the digital age. The article investigates the constitutional framework governing media freedom and the delicate balance it strikes with the right to a fair trial. It scrutinizes the ethical considerations and mechanisms of accountability within media trials, highlighting the challenges of sensationalism and ethical lapses. Furthermore, it elucidates the legal constraints imposed on media conduct, encompassing contempt of court, defamation, and privacy rights. The article also evaluates the recommendations put forth in the Law Commission’s 200th report and discusses landmark verdicts that have shaped the discourse around media trials. It concludes with concrete suggestions for fostering responsible journalism, mitigating undue media influence, and preserving the principles of justice and democracy in the digital age, while also acknowledging the role of social media in shaping media trials. This article provides a comprehensive overview of media trials in India, shedding light on their complexities and offering insights for a more balanced and equitable legal landscape.