NLIU Law Review

Greetings from the NLIU Law Review!

As 𝐇𝐨𝐧'𝐛𝐥𝐞 𝐉𝐮𝐬𝐭𝐢𝐜𝐞 𝐒𝐚𝐧𝐣𝐚𝐲 𝐊𝐢𝐬𝐡𝐚𝐧 𝐊𝐚𝐮𝐥 retires from the Supreme Court of India today, we reflect upon his legacy of legal wisdom that has left a lasting impact on our institution.

Justice Kaul's support and appreciation for our journal resonates deeply with academia and further, underscores the importance of academic discourse in shaping the legal landscape.

We feel pleased to share that we have had the honour to receive the Foreword for our Journal from him. We are grateful for his words of appreciation that motivate us to excel in the endeavours that we undertake.

𝐅𝐎𝐔𝐑𝐓𝐇 𝐀𝐑𝐓𝐈𝐂𝐋𝐄 | 𝐕𝐎𝐋𝐔𝐌𝐄 𝐗𝐈𝐈 𝐈𝐒𝐒𝐔𝐄 𝐈𝐈

THE PARADOX OF PREVENTION: INDIVIDUALISTIC ASPECT OF INTERNET SHUTDOWNS

Authored by Apurva Shanker, a second-year B.A. LLB. (Hons.) student at the National University of Study and Research in Law, Ranchi, this article critically examines India's use of internet shutdowns and their implications in the digital age.

The paper raises essential questions about the arbitrary use of shutdowns to quell agitation based on speculative grounds. It challenges the subjective assessment of circumstances in the absence of defined parameters to justify imposing restrictions on internet access for a significant portion of the population. The article also questions whether complete shutdowns are justified when the situation may demand targeted restrictions on specific internet services.

The article advocates for the right to access the internet and calls for its judicious and sparing use. Furthermore, the shortcomings of the Indian Telecommunication Draft Bill of 2022 are scrutinized, including issues like data maintenance and the potential failure of shutdowns to achieve their intended purposes due to ambiguity in the legislation.

This article sheds light on a pressing issue, emphasizing the importance of balancing access and security in the digital realm and advocating for legal amendments that ensure a just and effective framework for securing individual freedoms

The full article can be accessed here:
https://nliulawreview.nliu.ac.in/wp-content/uploads/2023/09/Vol-XII-Issue-II-73-95.pdf

𝐓𝐇𝐈𝐑𝐃 𝐀𝐑𝐓𝐈𝐂𝐋𝐄 | 𝐕𝐎𝐋𝐔𝐌𝐄 𝐗𝐈𝐈 𝐈𝐒𝐒𝐔𝐄 𝐈𝐈

CONUNDRUM AROUND THE RIGHT TO DEFAULT BAIL UNDER SECTION 167

This article exploring the fundamental right to default bail as stipulated in Section 167 of the Code of Criminal Procedure, 1973 (CrPC) is authored by Anushka Satya, a student at the National Law University, Delhi and Nishant Kumar, a student at the Hidayatullah National Law University, Raipur.
It emphasises the importance of this right in protecting an accused person's 'right to life and liberty.' The analysis focuses on two contentious issues: the interpretation of 'availed of' in calculating custody periods for default bail and the process for cancelling this right.

The paper also examines the interaction between the default bail provision in Section 167 and special legislations, particularly the Unlawful Activities (Prevention) Act, 1967 (UAPA). It highlights the challenges in securing default bail following UAPA arrests, exposing inefficiencies in the criminal justice system that can lead to severe violations of the accused's rights.

Recognising that legal ambiguities pose significant barriers to exercising the right to default bail, the paper advocates for necessary legal amendments to make the law fairer and enforcement more effective, given the critical role of default bail in securing an accused person's freedom. Finally, the paper provides practical suggestions to create a more just and liberty-preserving legal framework.

The full article can be accessed here:

nliulawreview.nliu.ac.in

𝐒𝐄𝐂𝐎𝐍𝐃 𝐀𝐑𝐓𝐈𝐂𝐋𝐄 | 𝐕𝐎𝐋𝐔𝐌𝐄 𝐗𝐈𝐈 𝐈𝐒𝐒𝐔𝐄 𝐈𝐈

MIND THE GAP: ADVOCATING FOR AN INDIAN LEGISLATIVE RESPONSE TO NEUROTECHNOLOGY

This article has been co-authored by Ishika Garg, currently in the third year of her B.A.LL.B. program, and Abinand Lagisetti, who is in the fourth year of his B.A. LLB. program, both students at the NALSAR University of Law, Hyderabad.

The authors through their endeavor in this article address the rapid evolution of neurotechnology, especially in healthcare, while highlighting the risks that it shoots upon individual privacy, particularly through Brain-Computer Interfaces. They argue for the recognition of "neuro-rights," focusing on the right to mental privacy.

Although the Indian jurisprudential framework offers an initial foundation for this, it falls short of providing effective protection. To fill this lacuna, the authors advocate for comprehensive legislation in India, drawing inspiration from examples like Chile and emphasizing the importance of the precautionary principle.

Comprehensively, the authors are also conscious of highlighting the pitfalls in Chilean legislation, hence, aiming to guide the creation of robust Indian laws. Such legislation would safeguard mental privacy and autonomy, fostering responsible neurotechnology use.

Conclusively, recognizing the time that is practically required for comprehensive legal mechanisms, the authors also recommend interim protections to prevent the compromise of individuals' neuro-rights.

The full article can be accessed here:

nliulawreview.nliu.ac.in

𝐅𝐈𝐑𝐒𝐓 𝐀𝐑𝐓𝐈𝐂𝐋𝐄 | 𝐕𝐎𝐋𝐔𝐌𝐄 𝐗𝐈𝐈 𝐈𝐒𝐒𝐔𝐄 𝐈𝐈

As we embark on Volume XII- Issue II, we are thrilled to introduce our inaugural publication, a testament to our enduring pursuit of legal excellence. In this edition, we reaffirm our unwavering commitment to fostering intellectual discourse within the legal fraternity. We take immense pride in presenting a selection of articles that exemplify the exceptional quality and dedication that define our publication.

𝐕𝐀𝐂𝐈𝐋𝐋𝐀𝐓𝐈𝐍𝐆 𝐁𝐄𝐓𝐖𝐄𝐄𝐍 𝐍𝐎 𝐋𝐀𝐖 𝐀𝐍𝐃 𝐁𝐀𝐃 𝐋𝐀𝐖: 𝐀𝐍 𝐀𝐍𝐀𝐋𝐘𝐒𝐈𝐒 𝐎𝐅 𝐓𝐇𝐄 𝐃𝐈𝐆𝐈𝐓𝐀𝐋 𝐏𝐄𝐑𝐒𝐎𝐍𝐀𝐋 𝐃𝐀𝐓𝐀 𝐏𝐑𝐎𝐓𝐄𝐂𝐓𝐈𝐎𝐍 𝐁𝐈𝐋𝐋, 𝟐𝟎𝟐𝟐

The first article, co-authored by Huzaifa Shaikh, a fourth-year B.A. LLB (Hons.), and Dr. Radheshyam Prasad, an Associate Professor at the University of Lucknow, provides an insightful examination of the Digital Personal Data Protection (DPDP) Bill of 2022. In the backdrop of an evolving digital landscape, where data's importance is paramount, this article delves into the intricacies of India's latest data protection legislation, comparing it with global standards and referencing earlier iterations to illuminate contentious issues.
The DPDP Bill, released on November 18, 2022, by the Ministry of Electronics and Information Technology (MeitY), represents a significant milestone in the nation's quest for a robust data protection framework. However, the path to this juncture has not been devoid of controversy, sparking discussions and debates.
Furthermore, this article explores the potential repercussions of an imperfect data protection law, shedding light on the complex interplay between data protection, individual privacy rights, and national data sovereignty. It underscores the pressing need for a harmonious and effective data protection framework in the digital era, while questioning the costs and challenges involved in its realization.

The full article can be accessed here:

nliulawreview.nliu.ac.in

𝐅𝐈𝐅𝐓𝐇 𝐀𝐑𝐓𝐈𝐂𝐋𝐄 | 𝐕𝐎𝐋𝐔𝐌𝐄 𝐗𝐈𝐈, 𝐈𝐒𝐒𝐔𝐄 𝐈

BIG DATA AND PRIVACY IN DIGITAL MARKET:- A FUTURE ROADMAP FOR INDIAN ANTITRUST AUTHORITY

This article is authored by Mayank Gandhi, currently in the fourth year of his B.A.LL.B. program at Maharashtra National Law University, Nagpur.

The author begins by attempting to define the digital market and endeavours to understand how digital giants have used big data. The article emphasizes the importance of data collection, processing, and analysis in marketing strategy while also noting the scope of collecting and analysing large swaths of data. Furthermore, the article delves into identifying efficiencies and the anti-competitive effects that are so often related to big data. It then proceeds to explore the regulatory framework undertaken by the Competition Commission of India along with other relevant competition authorities.

In addition, the author takes note of the various challenges that are attached to the protection of privacy and regulation of big data that exist in the Indian antitrust framework. Following a thorough examination of these key concepts, the author concludes by contributing various solutions that are both valuable and viable to effectively combat the competition concerns that keep emerging regarding big data.

The full article can be accessed here: https://nliulawreview.nliu.ac.in/big-data-and-privacy-in-digital-market-a-future-roadmap-for-indian-antitrust-authority/

𝐅𝐎𝐔𝐑𝐓𝐇 𝐀𝐑𝐓𝐈𝐂𝐋𝐄 | 𝐕𝐎𝐋𝐔𝐌𝐄 𝐗𝐈𝐈, 𝐈𝐒𝐒𝐔𝐄 𝐈

STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION IN INDIA- AN ANALYSIS IN THE CONTEXT OF INDIAN DEFAMATION LAWS

This article is authored by Akshay Luhadia and Istela Jameel, currently in their final year at The West Bengal National University of Judicial Sciences, Kolkata.

The authors begin by annotating that free speech and expression are crucial for democracy, but state institutions are increasingly using strategic lawsuits against public participation to silence and intimidate citizens. These lawsuits, prevalent in both the United States and India, are employed to deplete the resources of individuals, particularly targeting minorities and women who wish to voice their concerns against wrongdoers. This method of stifling democratic discourse is exacerbated by India's judicial backlog and archaic legal frameworks.

This paper meticulously examines the modus operandi of SLAPP suits, their chilling impact on free speech, and the various legislative measures in place to counteract such lawsuits. Additionally, it conducts an in-depth analysis of India's defamation laws and provides insightful policy recommendations to discourage the proliferation of SLAPP suits. The overarching objective is to safeguard public participation and fortify democratic principles. To effectively combat SLAPP filers, it is imperative that India codify civil defamation laws and eliminate criminal defamation from its legal landscape. The enactment of anti-SLAPP legislation should strike a delicate balance between an individual's right to petition and the safeguarding of ordinary citizens against frivolous legal actions. Furthermore, the judicial system should serve as a robust platform for individuals to seek redress for grievances and freely express their views, irrespective of the target, be it corporations or individuals.

The full article can be accessed here:

Strategic Lawsuits against Public Participation in India –An Analysis in the Context of Indian Defamation Laws - NLIU Law Review Akshay Luhadia and Istela Jameel here highlight the threat to free speech and expression in democracies, with state institutions being used to silence citizens through Strategic Lawsuits Against Public Participation (SLAPP). They discuss examples of SLAPP cases in India and the negative impact on de...

𝐓𝐇𝐈𝐑𝐃 𝐀𝐑𝐓𝐈𝐂𝐋𝐄 | 𝐕𝐎𝐋𝐔𝐌𝐄 𝐗𝐈𝐈, 𝐈𝐒𝐒𝐔𝐄 𝐈

COMPENSATION BASED ON CIRCUMSTANCES IN INVESTMENT ARBITRATION

This article is authored by Ahan Gadkari, currently in the final year of his B.A.LL.B. program at Jindal Global Law School, Sonipat. It is worth noting that Ahan Gadkari also serves as a Research Assistant to Dr. Aniruddha Rajput, a member of the UN International Law Commission. The author begins by elucidating the fundamental concepts and methodologies underpinning quantum determinations in investment arbitration. Special emphasis is placed on the significance of considering the political and economic conditions of the host state when assessing investor claims in investment arbitration. These conditions encompass aspects such as the host state's rule of law status and its stance towards foreign investments. The paper subsequently delves into how tribunals have grappled with the challenges posed by the economic and political realities of host states when determining quantum. Particular attention is devoted to recent cases involving Venezuela, shedding light on the hurdles faced by tribunals in such instances. Following a meticulous analysis of these essential concepts and ideas, the author advocates for the necessity of adopting a comprehensive strategy that incorporates strict legal differentiation and encompasses all relevant circumstances and risks.
The full article can be accessed here:

Compensation based on Circumstances in Investment Arbitration - NLIU Law Review Ahan Gadkari here talks about the importance of considering the economic and political conditions of a host state when determining investor claims in investment arbitration. This article highlights the challenges faced by tribunals, using recent cases involving Venezuela as examples. It also emphasi...

𝐒𝐄𝐂𝐎𝐍𝐃 𝐀𝐑𝐓𝐈𝐂𝐋𝐄 | 𝐕𝐎𝐋𝐔𝐌𝐄 𝐗𝐈𝐈 𝐈𝐒𝐒𝐔𝐄 𝐈

LIKE WHEELS TO A CHARIOT: EXPLORING THE SILENT SPRING OF ‘BUSINESS AND HUMAN RIGHTS’ AND ‘CORPORATE SOCIAL RESPONSIBILITY’

This article has been penned under the twin authorship of Ajay Raj, a fifth-year student at Symbiosis Law School, Pune, and Abhay Raj, a fourth-year student at Jindal Global Law School, Sonipat. The authors delve into understanding the connection between corporations and international human rights, through an analysis of the complex relationship between Business and Human Rights (BHR) and Corporate Social responsibility, highlighting their ‘hidden’ convergence and comparing their contents, while challenging the voluntary nature of CSR. The article proposes a two-fold fusion model for BHR and CSR rather than a BHR treaty, drawing inspiration from the European Union CSR Strategy and Olivier De Schutter’s ideas.

Conclusively, the authors emphasize the need for an international framework convention, rooted in international customary law and corresponding domestic frameworks, to address BHR treaty deficiencies. Brilliantly drawn from a rich body of literature, this article advocates for a 'duty to protect' human rights over the traditional ‘responsibility to respect’.

The article can be accessed here.

Like Wheels to a Chariot: Exploring the Silentspring of ‘Business and Human Rights’and ‘Corporate Social Responsibility’ - NLIU Law Review Ajay Raj and Abhay Raj here explore the convergence and challenges between Business and Human Rights (BHR) and Corporate Social Responsibility (CSR). This article proposes a fusion model of BHR with CSR, emphasizing the need for an international framework convention and a corresponding domestic fram...

𝐅𝐈𝐑𝐒𝐓 𝐀𝐑𝐓𝐈𝐂𝐋𝐄 | 𝐕𝐎𝐋𝐔𝐌𝐄 𝐗𝐈𝐈 𝐈𝐒𝐒𝐔𝐄 𝐈

NLIU Law Review is honoured to unveil the inaugural article from Volume XII Issue I, underscoring our enduring commitment to serve as a preeminent forum for erudite legal discourse. Our unwavering dedication to fostering intellectual exchange within the legal community finds profound fulfilment in presenting these, and we take immense pride in the exceptional calibre of articles featured in this edition, reflecting the journal's relentless pursuit of excellence in legal scholarship.

𝐂𝐎𝐍𝐒𝐓𝐈𝐓𝐔𝐓𝐈𝐎𝐍𝐀𝐋 𝐆𝐔𝐀𝐑𝐀𝐍𝐓𝐄𝐄𝐒 𝐅𝐎𝐑 𝐈𝐍𝐃𝐈𝐀𝐍 𝐂𝐈𝐍𝐄𝐌𝐀: 𝐀 𝐒𝐓𝐔𝐃𝐘 𝐎𝐅 𝐅𝐈𝐋𝐌 𝐂𝐄𝐍𝐒𝐎𝐑𝐒𝐇𝐈𝐏 𝐈𝐍 𝐈𝐓𝐒 𝐋𝐄𝐀𝐃 𝐔𝐏 𝐓𝐎 𝐓𝐇𝐄 𝐂𝐈𝐍𝐄𝐌𝐀𝐓𝐎𝐆𝐑𝐀𝐏𝐇 (𝐀𝐌𝐄𝐍𝐃𝐌𝐄𝐍𝐓) 𝐁𝐈𝐋𝐋, 𝟐𝟎𝟐𝟏

This article is authored by Kartikeya Anshu, a fourth-year student at ILS, Pune. The author delves into the intricate world of Indian film censorship and its constitutional implications in this thought-provoking analysis. Beginning with a journey through the history of film censorship in India, from colonial-era regulations to the modern-day Cinematograph (Amendment) Bill, 2021, the article explores the delicate balance between freedom of speech and expression and the legal boundaries set by the Indian Constitution. Furthermore, the article elaborates on the effects of the proposed 2020 Amendment, furnishing readers with invaluable insights into the ongoing discourse surrounding this transformative legislative proposition. Finally, the author concludes with a compelling case for reforming the current film censorship system, aiming for a more harmonious balance between filmmakers' artistic freedom and the imperative of reasonable restrictions. Drawing from a rich body of literature on censorship laws and jurisprudence worldwide, this article raises critical inquiries into the very essence and exigency of film censorship within the Indian context.

The article can be accessed here.

Constitutional Guarantees for Indian Cinema: A Study of Film Censorship in its Lead up to the Cinematograph (Amendment) Bill, 2021 - NLIU Law Review Kartikeya Anshu here explores the practice of film censorship in India, delving into its historical context and legal framework. He examines the clash between freedom of speech and expression and the regulations imposed on filmmakers, while also discussing the politicization of film censorship and p...