National Law University, Jodhpur (NLUJ) is a public law school and a National Law University established under the National Law University, Jodhpur, Act, 1999 enacted by the Rajasthan State Legislature. The university was established for the advancement of learning, teaching, research and diffusion of knowledge in the field of law. It is one of the autonomous law schools in India.The university is recognized by the Bar Council of India, as well as the University Grants Commission under Section 12 (B) of the UGC Act, 1956, and is a member of the Association of Indian Universities.
India’s Digital Personal Data Protection Act (DPDPA) adopts a notice-and-consent-based framework for data protection; it treats all personal data, including genetic data, as a singular category without accounting for its unique characteristics. Unlike ordinary personal data, genetic data is inherently relational; it reveals information not just about an individual but also their biological relatives. Moreover, the risks associated with the processing of genetic data extend beyond identifiability, such as the potential for its misuse in law enforcement or to discriminate in matters of employment or insurance. Despite these concerns, the DPDPA fails to offer a nuanced regulatory approach, lacks a clear definition of genetic data, and does not impose heightened safeguards for its processing. This article identifies the limitations of the DPDPA’s notice-and-consent-based model in regulating genetic data processing and argues for a shift toward a harm-based framework. It proposes key reforms, such as the classification of genetic data into categories based on sensitivity, an expanded definition of the data principal to include affected blood relatives, and risk-based processing guidelines that categorize genetic data processing into prohibited, high-risk, medium-risk, and low-risk processing. Additionally, this article advocates for stronger privacy by design and by default requirements, mandatory data protection impact assessments (DPIAs), and the introduction of rights such as data portability and right to restrict processing. Further, to ensure effective enforcement, it recommends strengthening grievance redressal mechanisms, introducing compensation for privacy harms, and imposing proportionate criminal liability for negligent handling of sensitive genetic data. By addressing these gaps, this article underscores the need for a strong legal framework that moves beyond notice and consent to provide meaningful privacy protections for genetic data in India’s evolving digital landscape.
Artificial Intelligence (AI) is not new anymore; it has become a new normal. In the present 3A era (Advanced, automated and autonomous), the Next Rembrandt paintings, Shimon’s lyrics and songs and Bot Dylan’s Irish folk songs are the works generated by the AI without any considerable human contribution. In the US, the Copyright Act, 1976 does not protect the works generated independently by the AI without human intervention and thus dropping such works in the public domain immediately after their creation. However, in the UK, the Copyright, Patents and the Designs Act, 1988 under Section 9 (3) attributes copyright to “the person by whom the arrangements necessary for the creation of the work are undertaken” in case of AI generated works. India has taken a giant leap by considering AI as the joint author along with the human responsible for the creation of work. However, there is not much comprehensive literature available that focuses on the impact of AI being considered as a joint author. This paper aims to create a concrete foundation by emphasizing such impact under the Copyright Act, 1957. Furthermore, the paper considers the stance of the US, UK and Australia in protecting AI generated works to suggest measures to the current copyright regime in India.
As an entity working towards balancing out diametrically different economic goals, a strong governance mechanism is of utmost importance in a Company. Over the years, there have been some impressive pieces of legislations aimed towards creating an objective, impartial and transparent governance structure for the corporations across global jurisdictions. However, as the looming challenges of climate change grows more significant with the passing days, the role and position of a Company is also witnessing an apparent shift. The growing clarion calls concerning the Corporations to undertake more responsibility in terms of becoming more sustainable in their operations, and hence, accordingly be held accountable for their actions which are not necessarily restricted to the confines of the Board or the Shareholder meetings any longer. In such a scenario, the previously understood notions of governance have been laid bare for critical scrutiny, especially in terms of their loopholes and shortcomings against the new age challenges. The augmented focus on ‘Sustainability’ has forced the Companies and the policy makers to revisit their notions of governance, thus, contributing heavily towards advocating of ‘Environment, Social and Governance’ norms as the ‘new golden standard of governance’ norms for Corporations across jurisdictions. The theoretical assessment of the above proposition although has enough merit to warrant a closer scrutiny. However, the same is not without flaws. While the increased possibility tedious paperwork often linked to the filing requirements under the ESG norms does sufficiently enough to paint a rather unglamorous picture on one hand, the additional concerns relating lack of standardisation of norms, awareness, personal and moral bias in terms of interpreting ESG ratings on the other hand, pose a direct threat to the veracity of the whole concept. In light of the aforementioned context, the present piece is an attempt by the authors, to undertake a critical theoretical assessment of ESG as a concept and in furtherance, attempt to understand its feasibility within the general framework of operations of the Indian companies. In doing so, the authors first attempt to construing a workable definition of the phrase ‘Sustainable Business’. Thereafter, they shall carry out a comparative assessment of ESG norms prevalent in EU and India, before, delving into primary practical roadblocks that could possibly hinder the implementation of the norms in a Company.
Cyberbullying is upgraded and digitized form of criminal intimidation with various forms and types even in cyber world. The menace of cyberbullying has metamorphosed not just into a technology-based crime but has its magnificent impact on one’s digital as well as physical life. To have insight into various legal and technological aspects of it, research has been conducted through collecting primary data from an online and physical survey / questionnaire. Role of AI, limitations of law and technology in response to control and check cyberbullying have been scrutinized in this paper.
Aim of the study: This research paper aims to investigate the functioning of Sentence Review Boards (SRBs) in India, focusing on the identification and analysis of key issues and challenges associated with their operation. Design/Methodology: A comprehensive literature review was conducted to gather relevant information and insights regarding SRBs in India. The study utilized a qualitative research approach, incorporating an analysis of primary and secondary data, including legal documents, reports, and case studies. Findings: The findings highlight several significant issues and challenges that affect the working of SRBs in India. These include procedural complexities, inadequate resources and infrastructure, inconsistent decision-making, limited transparency, and the need for enhanced training and expertise among board members. Practical Implications: The research contributes to a deeper understanding of the functioning of SRBs in India and provides insights for policymakers, legal professionals, and stakeholders involved in criminal justice and sentencing reforms. The identified issues and challenges can inform the development of strategies and reforms to improve the effectiveness and fairness of SRBs in the country. Originality/value: This research paper presents a comprehensive examination of the issues and challenges faced by SRBs in India, offering insights into an area that has received limited attention in existing literature. The findings and recommendations have practical implications for enhancing the functioning of SRBs and ensuring justice and fairness in the review of sentences. The authors affirm that this is an original work. Keywords: Sentence Review Boards, criminal justice, India, issues, challenges Paper Type: Review Paper
