The National Research Conference on "Human Rights and Criminal Justice in a Digital and Sustainable World," organized by SVKM's NMIMS Kirit P. Mehta School of Law's Centre for Research and Conference on December 21st and 22nd, 2024, brought together legal scholars, practitioners, and emerging researchers to explore the evolving landscape of law in our increasingly digital and interconnected world. This comprehensive collection represents the diverse range of research papers presented at the conference, showcasing innovative legal scholarship that addresses some of the most pressing contemporary challenges facing our legal systems. The papers span a remarkable breadth of legal domains, from fundamental constitutional principles like judicial review and presumption of innocence to cutting-edge technological issues including autonomous vehicles, cyber warfare, and augmented reality privacy concerns. Contributors examined critical areas of human rights and criminal justice reform, including the impact of new legislation like the Bharatiya Nagrik Suraksha Sanhita 2023, the complexities of adolescent consent under the POCSO Act, and judicial delays in capital punishment cases. The research also delves into emerging regulatory frameworks such as RERA's role in consumer protection, climate change litigation guidelines, and India's evolving digital competition policy. Additionally, the collection addresses pressing social justice issues, including corporate accountability, women's rights in post-conflict scenarios, and the legal complexities surrounding fantasy sports regulation. These papers collectively demonstrate the legal academy's commitment to addressing the multifaceted challenges of ensuring justice, protecting human rights, and maintaining the rule of law in an era of rapid technological advancement and global transformation.
Judicial Review: The Bulwark Against Arbitrary State Action
Aditya Sharma, Kirti P. Mehta School Of Law, NMIMS, Mumbai
Law making is the prerogative of parliamentarians or the people or officials on whom such power is conferred or delegated by constitution. Making law is not a doddle, it requires deliberations, valuable insights and deference to the constitution. The laws made by the legislature is the law of land which is to be followed by each and every citizen of a country. The topic for analysis is what would happen if the law suffers from legislative dysfunction or is without due deliberations, will it still be followed or declared unconstitutional. Judicial review is the panacea for the laws which are afflicted by legislative dysfunction or the laws which are ultra vires. The present research paper provides an insight on judicial review and its historical background. Further, this paper discusses the importance and scope of judicial review in Indian legal jurisprudence. It's ambit in India and the United States of America. At the end the paper attempts to delineate on the views against the use of judicial review by the judicial department.
Navigating Legal Landscape of Autonomous Vehicles: Technology, Artificial Intelligence and Cyberlaw
Divyanshi Hablani, Jeet Jain
The emergence of autonomous vehicles (AVs) has raised complex legal issues that require careful consideration across multiple dimensions. This paper examines the legal landscape surrounding AVs, focusing on the allocation of liability among manufacturers, programmers, and drivers in the event of accidents. The study examines existing international legal frameworks governing AVs, highlighting both the similarities and disparities across jurisdictions and their implications for global regulatory alignment. Moreover, the paper investigates the specific challenges faced by India and other developing countries in integrating AV technology, such as infrastructure limitations, regulatory hurdles, and socio-economic factors that influence public acceptance and policy development. Through a case study, the paper also offers practical insights into the successes and difficulties encountered by countries in implementing AV-related policies. The research aims to provide a comprehensive overview of the legal complexities while forming regulations relating to autonomous vehicles and proposes actionable recommendations.
Cyber Warfare and International Law: Exploring Legal Complexities in the Digital Era
Gautam Patni, Kirit P. Mehta School Of Law, NMIMS Mumbai
Over the past two to three decades, the term 'cyberwarfare' has gained significant prominence. Given its increasing prevalence, it is crucial for internet users to understand cyberwarfare, its potential to significantly affect their lives, past incidents that serve as precedents, and the valuable lessons that can be drawn for the future. Cyber warfare refers to use of digital attacks by state or non-state actors by exploiting vulnerabilities in digital systems. This paper aims to inculcate an understanding of cyberwarfare, its types, motive behind such attacks, analysis of documented cyber incidents, use of cyberwarfare strategies and its impact on critical infrastructure and society, the study also aims to explore whether cyberattacks can be classified as "use of force" under Article 2(4) of the UN Charter and whether states have a right to invoke self-defence to such attacks. The role of international organizations in addressing cyberwarfare and to what extent are international laws regarding cyberwarfare effective.
Accountability of a Company: Objective Analysis Through Subjective Perception
Grishma Modi, Kirit P Mehta School Of Law, NMIMS, Mumbai
Accountability, an extensive and a contentious concept which in simple theoretical definition means an obligation or willingness to one's action, but when the same concept is inculcated in the real-world analysis, a lot of uncertainty and non-uniformity is observed, especially in the legal arena of tort affiliated with corporate liability. This research paper mainly revolves around addressing the issue of concrete establishment and defining accountability in terms of company laws, and giving a thematic analysis of spectrum of cases where accountability was seen as not a black and white scenario. The different aspect of companies having its liability in frame will be discussed, like the concept of the companies supply chain, the concept of veil piercing and the doctrine of alter ego and understand how it makes an exception to the general principle.
Criminalising Adolescent Sexuality: The Impact of POCSO Act on Consensual Relationships
Harsh Prithwani, NMIMS Kirit P Mehta, School of Law
Protection of Children from Sexual Offences (POCSO) Act was enforced in 2012 to protect children from offences of sexual assault, sexual harassment and pornography. The act criminalizes sex with minors and holds the same as statutory rape. Consequently, it has resulted in criminalization of consensual sexual activities between adolescents leaving the POCSO Act prone to misuse whereby adolescents engaging in perfectly normative behavior might have to face criminal charges. The aim of this research paper is to shed light on why there is a need to urgently decriminalize consensual sexual acts between minors. An urgent reassessment of the act is the need of the hour to ensure that minors aren't discouraged or prohibited from seeking safe termination of their pregnancies and those engaged in consensual sexual activity do not have to face criminal charges.
The Bharatiya Nagrik Suraksha (Second) Sanhita, 2023: Social and Legal Perspectives
Natasha Zubin, Samiksha, Dr Shibu Puthalath, School of Law, Christ University, Bangalore
Laws on criminal justice and public safety have changed over time as a result of social changes and advances in technology. The BNSS2, a new piece of Indian legislation, aims to modernise legal structures for the digital age. This paper analyses the differences, similarities, and applicability of the Bhartiya Nagarik Suraksha (Second) Sanhita (BNSS), 2023 and the Criminal Procedure Code of 1973 (CrPC,1973) in the contemporary world. The study contrasts the BNS2S to the antiquated CrPC, 1973, which does not address modern challenges and looks at how it has adjusted to new technological innovations and contemporary issues while protecting victim welfare and individual rights.
Guilty Until Proven Innocent? Misuse of the Presumption of Guilt in India's Legal System
Nell Crasto, Kirit P. Mehta School of Law, NMIMS, Mumbai
The Indian Legal System is based on the foundational principle of 'Presumption of Innocence', which states that until the guilt of the accused is proven beyond a reasonable doubt, he is not convicted. To draw a balance between the rights of the accused and societal interests, certain legal provisions shift the burden of proof to the accused. This article will first outline the concepts of presumption of innocence and guilt. Particular attention is given to the misuse of the guilt presumption under the Prevention of Money Laundering Act (PMLA), the Unlawful Activities (Prevention) Act, and the Narcotic Drugs and Psychotropic Substances Act (NDPS). This article concludes by proposing recommendations for reform, aiming to mitigate misuse, uphold fairness, and restore public trust in the justice system.
The Digital Dice Roll: Navigating the Legal Labyrinth of Fantasy Sports in India
Nishant Nambiar, NMIMS Kirit P. Mehta School of Law
Since ancient times, sports and gaming have been an essential aspect of civilization, igniting people's competitive impulses everywhere from the Roman Colosseum to internet battlegrounds. However, because traditional sports need certain physical skills, access to them was still restricted. Fantasy sports, on the other hand, emerged as an appealing alternative, providing a platform for everyone to actively participate in competitive endeavors without being bound by traditional physical limits. This paper examines India's gambling regulations while clarifying the meaning, traits, and background of fantasy sports. It also highlights the distinctions and interpretations of the "Game of Skill and Game of Chance" made by the Hon'ble Courts in a number of rulings that are expected to be important for the development of fantasy sports in the future.
India's Digital Competition Policy: From Ex-Post to Ex-Ante
Pooja Yadav
The advent of artificial intelligence (AI) is reshaping industries and transforming the global economy. As algorithms and machine learning models become increasingly sophisticated, businesses are deploying AI-driven technologies to optimize processes, analyse vast datasets, and gain unparalleled competitive advantages. However, AI's profound impact on markets raises a critical question: How can antitrust law, also known as competition law, effectively safeguard fair competition in the age of artificial intelligence? Traditional antitrust doctrines, designed to address competition concerns in conventional markets, may struggle to keep pace with the unique challenges posed by AI. The ability of AI algorithms to collude without explicit human agreement, the role of data as a key asset in establishing market power, and the potential for AI to exacerbate existing inequalities, all demand a re-examination of established antitrust principles.
The Impact of War on Women's Rights and the Persistence of Women's Inequality in Authoritarian Post-Conflict Regimes
Prachi Ratanpriya, NMIMS Kirit P Mehta School of Law, Mumbai
Women and girls are quite disproportionately affected especially at the time of wars or armed conflicts, where the already-existing disparities are deepened, making them extremely vulnerable. War and aggressive conflicts seek to overturn social systems, and undermine basic human rights, which, in long-term disproportionately harms the interest of women who are already considered inferior to men. The various effects of war on women are examined in this study, with particular attention paid to problems faced by them at such uncertain times where there is a rise in exploitation, human trafficking, systemic sexual violence, including the use of rape as a weapon of war, continues to destroy women's lives. This study highlights the need for focused interventions and strong legal frameworks to defend women's rights during and after conflicts by examining the socioeconomic and psychological effects of systemic misogyny in post-war contexts.
Formulating Comprehensive Climate Change Litigation Guidelines for India
Prankush Sharma, Swajay Dixit, Kirit P. Mehta School of Law, NMIMS
Climate change litigation is emerging as one of the vital tools in India and the world over, through which multifaceted challenges created by climate change, especially on a rising scale, such as in India, could be handled with the current increasing challenges in terms of increased temperature, floods, and droughts. This paper explores the changing landscape of climate change litigation in India through integrating principles such as environmental justice, sustainable development, and the public trust doctrine into judicial decision-making. The study identifies key challenges to effective climate litigation in India, which include fragmented regulatory frameworks, lack of access to justice for marginalized communities, and limited mechanisms to hold corporations and governments accountable for climate-related harm.
From Sentencing to Execution: Investigating Judicial Delays in Death Penalty Cases
Prisha J Chanchani, Kirit P Mehta School of Law, NMIMS, Mumbai
The death penalty, as the severest form of punishment, has been a subject of intense debate globally, not only for its ethical implications but also for the procedural delays that follow its pronouncement. With a primary focus on the Indian legal system, this research article critically attempts to investigate the causes of delays in the application of the death penalty following a court's award. It explores into various factors contributing to these delays, including extensive appellate procedures, mercy petitions, bureaucratic inefficiencies, and societal opposition. The study concludes with recommendations for improving India's judicial and administrative processes to ensure a more efficient and equitable handling of capital punishment cases.
Evaluating the Role of RERA in Strengthening Consumer Protection in the Real Estate Sector
Rudra Prasad Padhi, Ridhi Aggarwal Kirit P. Mehta School of Law, NMIMS
The purpose of this research paper is to examine the evolving trends in real estate development regulations in India, with a particular focus on the Real Estate (Regulation and Development) Act, 2016 (RERA) and its role in strengthening consumer protection. This study examines RERA's impact on the Indian real estate sector and examines its role in fostering transparency and accountability. While RERA has succeeded in increasing consumer confidence and improving project accountability, the paper highlights significant challenges in its implementation. A set of recommendations is provided based on the findings of the paper which include improving state-level enforcement of RERA, increasing awareness programs, and improving grievance redress mechanisms.
Augmented Reality in the E-Commerce Sector: A Privacy and Constitutional Perspective
Upasana Hans, Ziaa Jain, Kirit P. Mehta School of Law, NMIMS
The integration of Augmented Reality (AR) in the e-commerce industry has enhanced the consumer experience to an esteemed level by providing cooperative and immersive solutions. This paper aims at exploring the evolution, advantages and challenges of AR in the e-commerce industry with emphasis on the Indian market on privacy of the consumer and legal regulations allowing its use. This paper focuses on the privacy risks of AR by breaking it down to its consumer implications and by using two case studies: Zomato and Nykaa. These case studies reflect real-life implementations of AR features and related issues concerning user consent, data transparency, and ethical usage. Finally, it puts forward future prospects for AR while building upon the strong necessity for establishing legal regimes to protect consumer rights and regulation of legislative frameworks in the digital marketplace.