Journal of Legal Research and Polity (JLRP) The Journal of Legal Research and Polity (JLRP) is a double blind peer-reviewed, open-access academic journal dedicated to publishing high-quality research in the fields of law, policy, and interdisciplinary social sciences. With a commitment to academic excellence and intellectual integrity, JLRP provides a platform for scholars, practitioners, and policy thinkers to engage in critical discourse and knowledge dissemination. The journal seeks to foster dialogue between scholars and practitioners on pressing legal, social, and political issues. Our mission is to contribute to the evolution of law and policy through innovative and critical scholarships. JLRP is independently managed and operates under a double-blind peer-review model to ensure impartiality and academic rigor. We welcome submissions from legal scholars, policy researchers, academicians, and postgraduate students from around the globe. Aims: To publish original, high-quality research articles in law and polity. To encourage interdisciplinary scholarship that bridges law, governance, and public policy. To provide an accessible platform for early-career researchers. Scope: The Journal of Legal Research and Polity (JLRP) publishes interdisciplinary research spanning a broad range of legal and socio-political subjects. Areas of focus include Constitutional and Administrative Law, Public Policy and Governance, Criminal Justice and Forensics, Labour and Industrial Law, International Law and Human Rights, Cyber Law including Data Protection and AI Regulation, Socio-legal Studies, and Comparative Law and Political Science. Important Journal Details: Journal title Journal of Legal Research and Polity (JLRP) Initials JLRP ISSN Applied ESTD 2025 Subject Category Issue Frequency Quarterly Access Open Access | Peer-Reviewed | Interdisciplinary Publication format Online Language English Publisher Details: Owner Name/ Responsible Person Name : E-mail : Mobile : Address : Town \ City : Pin Code : State :
An Essay on the Employees State Insurance Act, 1948
The ESI Scheme is a statutory scheme and is regulated by the ESIC Act, ESIC Rules and ESIC Regulations. It is managed by an organization called as the Employees' State Insurance Corporation (ESIC). The organization is comprised of people represented by Employers, Employees, the Central Government, State Government, Medical Profession and the Hon’ble Members of Parliament. The organization has a CEO. The Director General is the Chief Executive Officer. The ESIC scheme is financed by the contribution received from the employees, employers and the State Government who shares 1/8th of the cost of medical expenditure. The Employees State Insurance Act, 1948 is welfare legislation. The objective of the act is to provide certain benefits to employees in case of sickness, maternity benefit and employment injury. Further the act also ensures to extend its beneficial provisions for other matters related to the employees. The act extends to whole of India. As per sub section 4 of section 1, the act applies to all the factories in the first instance irrespective that it is owned by the government or not. The act further extends the definition of factories in section 2(12). It states that ‘factory’ means any premises including the precincts where 10 or more persons are or were employed on any day of the preceding twelve months in part of the manufacturing process. This sub section exempts the mines operated under the Mines Act or a railway running shed. The Act also provides under the section 2(24) that any words or definitions which are not explicitly provided under the Act has to be referred with the Industrial Dispute Act, 1947 for having the interpretation. Employees earning less than Rs 21,000/- are covered under the ESIC Scheme.
Applicability of Writ Jurisdiction in Quashing FIR and the Inherent Powers of High Courts to secure Ends of Justice
In Abhishek Vs. State of Madhya Pradesh, the supreme court of India discussed the scope of writ jurisdiction for quashing of criminal proceedings. The Supreme Court even clarified that section 482 of the Cr.PC is eligible to be invoked even after submission of the chargesheet. While deciding the case, the bench took reference of Joseph Salvaraj A. vs. State of Gujarat and others and Anand Kumar Mohatta and another vs. State (NCT of Delhi), Department of Home and another. The quashing of criminal cases can also be done under Article 226 of the Constitution. Recently in Sri Abhijit Gangopadhyay & Anr. Vs. The State of West Bengal & Ors., the Hon’ble Calcutta High Court entertained the writ petition and stayed the FIR against the petitioner. The petitioner in this case has challenged the FIR bearing no. Tamluk P.S. Case No. 411 of 2024 dated 4.5.2024 under Sections 143/323/325/307/354B/379/427/506/109/34 IPC read with Sections 25/27 of the Arms Act filed against him. The landmark judgement on quashing is the State of Haryana Vs. Bhajan Lal, but the law did not remain stagnant over the parameters for quashing that was set in Bhajan Lal (Supra). In Salib @ Shalu @ Salim –vs- State of UP and ors., the Hon’ble Supreme Court of India state that the court while exercising its jurisdiction under section 482 of the Cr.pc (now S. 530 of BNSS) or under Article 226 of the Constitution of India, need to take into account the overall circumstances leading to the initiation or registration of the case as well as the materials collected in the course of the investigation. In frivolous or vexatious proceedings, the court has a duty to look into the circumstances of the case and if needed read the FIR/complaint in between the lines.
Decriminalization Of Section 138 of The Negotiable Instruments Act, 1881 For Ease of Doing Business – An Analysis
In India, the negotiable instruments like promissory notes, cheques and bills of exchange are regulated by the Negotiable Act, 1881. India has been massively progressing towards digital India where we transact through online. The corporates make online payment through NEFT (National Electronic Fund Transfer) and RTGS (Real Time Gross Settlement) have come under the regulation of Payment & Settlement Act, 2007. These Negotiable Instrument Act and Payment & Settlement Act are interlinked with each other to the extent that section 25(5) of the payment & Settlement Act states that in case of dishonour of the electronic transfers Chapter XVII of the Negotiable Instruments Act will be applicable and the offence relating to the dishonour will be tried accordingly. Every document which entitles any person a sum of money and which can be transferred is called as negotiable instrument. The term Negotiable Instrument is not defined anywhere in the Negotiable Instrument Act. The most only in Section 13 of the Act we get reference about what can be called as negotiable instruments. According to Sec. 13 of the Act, negotiable instrument means ‘a Promissory Note, Bills of Exchange or Cheque payable either to order or to bearer’. Thus, simply we can say that Negotiable Instruments are any written documents which are transferable on delivery. The transferee of the negotiable instrument holds a better title in compared to the transferor. The transferee gets the negotiable out of good faith and against consideration from the transferor. The title is a good title even if the transferor was suffering from defective title during the transfer.
Significance Of New Criminal Laws in Today’s India – An Analysis
The new criminal laws will come into effect from 1st July 2024. The earlier laws namely Indian Penal Code, Code of Criminal Procedure and the India Evidence Act remind us about the British era and their imposed laws on us. New India while showing its leadership skills in the world, it also needs to have its own law which tallied with its culture and vision. In this article I have tried to furnish the main features of the new criminal laws and its significance with the ‘India’. The new criminal laws will replace the erstwhile three criminal laws as furnished under: - Sl. No. Erstwhile Acts New Replaced Acts of the erstwhile 1. Indian Penal Code, 1860. The Bharatiya Nyaya Sanhita, 2023. 2. The Code of Criminal Procedure, 1973. The Bharatiya Nagarik Suraksha Sanhita, 2023. 3. The Indian Evidence Act, 1872. The Bharatiya Sakshya Adhiniyam, 2023. It is noteworthy to mention that while giving reply in the debate about these new criminal laws, the Home Minister gave reply that the new laws concentrate in giving justice rather than on imposing only punishment to the offender. The intent of the legislatures was to act on the principle ‘Justice delayed is justice denied’ and serve justice to the victim at proper time, which is within three years as per the new laws. However, the legislatures debated over bringing these three new criminal laws, but as per the record, it is found that these acts were debated in the house of people when 146 opposition Members of Parliament were on suspension (100 people from Lok Sabha & 46 people from Rajya Sabha). The three bills were passed with the least debate and without any hard time. There was hardly any scope of a good debate available for the opposition to provide feedback to the Government. In a democratic country the opposition plays an important role and without feedback no communication is successful or complete. This new criminal law has been passed as per the principle of ‘Sovereign Command’. But never to forget that the criticisers of Austinian theory state that not all sovereign command can be termed as law. The big question lies is what if the public or the subjects disobey the laws. In a democratic government only the laws which are recognized and accepted by the maximum number of people may be termed as law, others are always subjected to contentious, litigations, protest or even strike. Laws which arise chaos or disobedience cannot be termed as laws. The ‘scope of ‘rule of law’ in this regard that these are three new legislations are laws at present being received the assent from the President after following the due process. Unless the new criminal laws are declared as ‘unconstitutional’ by the Court of Highest Standard i.e. the Supreme Court of India it will be law and the people are bound to obey. There is every possibility that we will get a new era of Judicial Activism in this regard keeping in view of the recent trends of Judiciary to serve only the ‘Constitution’.
The Bharatiya Nagarik Suraksha Sanhita, 2023
The Role of Parliament in Promoting Peacebuilding in Ethiopia
This conference paper examined the role of parliament in promoting peacebuilding and major causes of conflicts using qualitative research approach. Data is collected through document analysis and from the observed facts. The right to peace is not ensured by the government at all levels of administrative unities. Based on these premises, conflict and violence is common in Ethiopia and resulted in loss of human life, forced displacement and destruction of property. Conflict is inevitable, normal and even healthy or unhealthy part of people’s relationships, particularly in the control of political power and resources like land. After all, two or more groups of people can’t be expected to always agree on everything, so people need to change the way they understand and deal with the conflict. When conflict is mismanaged, not resolved, not prevented, and not transformed, we can’t build any types of peace. Parliament have greater role in promoting peacebuilding through resolving grievances on time, reducing the repressive nature of the government, making clear separation of power to reduce the domination of the executive in the management of state affairs, realizing the resource based early warning and response mechanism at all levels of administrative unites to manage conflicts like political ethnic based, land ownership, and administrative boundaries. However, the involvements of Ethiopian parliament in such types of peacebuilding issues are very poor. The parliament should support all of the administrative units by enhancing synergies between the regional, zone, woreda and Keble councils/representatives. Furthermore, the parliament should provide the possible support to strengthening the formal and traditional mechanisms of peacebuilding.
Family Dynamics, Health Inequities, and Human Rights: Analyzing the Marginalization of Transhumant Gujjar Women in Jammu and Kashmir
The Transhumant Gujjars of Kashmir are a semi-nomadic pastoral community known for their seasonal migrations. They move with their livestock between high-altitude summer pastures in the Himalayas and low-altitude winter pastures in the plains. This lifestyle significantly impacts their socio-economic conditions, access to healthcare, and educational opportunities. The challenges they face include limited access to consistent medical services, nutritional deficiencies due to economic constraints, and educational barriers, particularly for women and children. These factors collectively influence the overall well-being of the community. This study explores the impact of family dynamics on the health of tribal women, focusing on the Transhumant Gujjars of Kashmir. The Gujjar community's patriarchal structure, migratory lifestyle, and traditional practices shape the health outcomes of its women. Family roles, characterized by heavy workloads and lower social status for women, contribute to physical and nutritional health challenges. Limited access to healthcare, exacerbated by seasonal migrations, and reliance on traditional remedies, adversely affect women's health. Nutritional deficiencies arise from food distribution practices that prioritize men and children, further compounded by economic hardships. Low literacy levels and limited empowerment restrict women's ability to seek and utilize healthcare services effectively. Early marriages and high fertility rates pose significant reproductive health risks, while the extended family system, although providing social support, imposes additional responsibilities on women. This study underscores the need for targeted interventions, including mobile health services, nutrition programs, educational initiatives, and culturally sensitive health policies to improve the health and well-being of Transhumant Gujjar women. By addressing the unique socio-cultural and economic factors within the Gujjar community, these measures can foster better health outcomes for tribal women in Kashmir. By putting these encounters within a human rights context, the paper highlights the invisibility of Gujjar women in policy discourses and the disappointment of prevailing schemes to endorse constitutional, International, and universal rights pledges. It contends that traditionally sensitive, rights-based interventions to be incorporated. The nutritional and educational programs, mobile health units, and other women’s empowerment initiatives that identify the exclusive experiences of transhumant Gujjar women. Addressing these biases and inequities is important to understanding health not merely as a medical worry, but as a fundamental human right grounded in equity, dignity, and justice.
Copyright (c) 2025 Journal of Legal Research and Polity (JLRP)
Dear Readers, It gives me immense pleasure to present the Special Issue (November 2025) of the Journal of Legal Research and Polity (JLRP) a dedicated edition reflecting our ongoing commitment to advancing inclusive, regionally grounded, and socially relevant scholarship. This special issue is a conscious accommodation for researchers of Jammu and Kashmir, offering a platform to amplify local academic voices and highlight research that resonates with the unique socio-legal realities of the region. It stands firmly in concurrence with the vision and mission of JLRP to promote rigorous, interdisciplinary inquiry that informs policy, strengthens justice, and deepens our understanding of law in context. This issue features a compelling scholarly contribution titled “Family Dynamics, Health Inequities, and Human Rights: Analyzing the Marginalization of Transhumant Gujjar Women in Jammu and Kashmir.” The article explores the intricate relationship between mobility, gender, and health within the Transhumant Gujjar community a semi-nomadic pastoral group whose seasonal migrations across the Himalayas shape their access to resources, education, and healthcare. The study critically examines how patriarchal family structures, economic vulnerabilities, and traditional practices intersect to perpetuate health inequities among Gujjar women. By situating these challenges within a human rights discourse, the paper reframes health as a fundamental right rooted in dignity, equity, and justice. It calls for rights-based, culturally sensitive interventions including mobile healthcare units, nutrition and literacy programs, and empowerment initiatives that acknowledge the distinct experiences of nomadic and tribal women. In bridging the domains of law, sociology, and public health, this contribution not only underscores the invisibility of tribal women in policy frameworks but also reinforces the role of legal research in shaping equitable governance. The study exemplifies the transformative scholarship that JLRP seeks to encourage one that challenges assumptions, uplifts marginalized voices and connects local realities with global rights commitments. As Editor-in-Chief, I extend my deep appreciation to the author for this important work and to all contributors, reviewers, and members of the editorial board for their unwavering dedication. May this special issue inspire further inquiry and advocacy for inclusive, justice-oriented policymaking in Jammu and Kashmir and beyond. The details of the papers published in this issue are furnished below. Sl. No. Name Affiliation Email Id. Title Page No. 1 Dr. Asma Jan Department of Social work, University of Kashmir janasmasw15@gmail.com Family Dynamics, Health Inequities, and Human Rights: Analyzing the Marginalization of Transhumant Gujjar Women in Jammu and Kashmir 1-10 Prof. Shazia Manzoor
Human Rights in the 21st Century: Navigating Technological, Social, and Environmental Challenges
New phenomena in the twenty-first century have presented unprecedented tests of human rights, driven by rapid advancement in technology, persistence of social injustice and worsening environmental challenges. The current paper will undertake an inter disciplinary approach to evaluate the interconnected nature of these problems, with the aim to strengthen human-rights models to respond to the changing realities on the world. The latest technological advancements another artificial intelligence (AI) and the advanced monitoring have caused serious concerns about the privacy, freedom of expression, and reputation. The fact that not only corporations, but also governmental agencies collect a great amount of personal data that is facilitated by AI, poses a threat to personal autonomy; an instance of such risk lies in the Chinese social credit system that can potentially lead to totalitarian control (Human Rights Watch, 2020). These risks have been further compounded by the increase in deepfakes as reputations are at stake, which highlights the need to develop ample legal protections. The marginalised groups of people like migrant workers, refugees, and LGBTQIA +, still face a culture of discrimination especially in conservative domain where legal and social barriers still exist (ILGA, 2023). In the Indian subcontinent, discrimination in the caste, class, and gender identity compromises equal grants of rights, even though policies ensure the protection of discrimination in the constitution of India (Amnesty International, 2023). The complexity of the climate crisis adds to these challenges, and the 2022 declaration of a clean and healthy environment as a human right by the UN further highlights the urgency of dealing with climate displacement and the right to indigenous land following years of denial of the reality of the human impact on climate change (UN General Assembly, 2022). In the same vein, the criminal-justice field is a dangerous area that is characterised by custodial violence, inordinate delays in the procedure of undertrial prisoners, and debates on capital punishment, which are all detrimental to the core right to dignity and life (NCRB, 2023). The accountability is established through international documents like the Universal Declaration of Human Rights (UDHR) and other mechanisms at a regional level, like the European Court of Human Rights, but it is substantially different across these mechanisms (OHCHR, 2023). The fact that India is present in international forums represents a sign of dedication, but it, at the same time, exposes deficiencies in national action (MEA, 2023). Digital divide further makes equitable access to rights a challenging process: many of the rural populations lack the digital access to benefit the advantage of e-governance (World Bank, 2023). Cyberbullying, especially when it affects females, indicates the necessity of gender-sensitive legal solutions that should be prioritized (UN Women, 2023).
Tracing the Evolution of Technological Governance - A Historical Perspective on the Rise of Artificial Intelligence and Its Societal Impact
Artificial Intelligence (AI) has evolved from symbolic logic systems and Cold War surveillance tools into today’s generative models that shape global labour markets, education systems, and democratic processes. This paper traces the historical evolution of technological governance by examining how AI has been regulated, resisted, and reimagined across key periods, from the industrial and cybernetic eras to the rise of algorithmic control and contemporary governance crises. Employing a genealogical-historical methodology rooted in Foucauldian analysis, this study reframes AI not as a singular technological innovation, but as a layered sociotechnical phenomenon embedded in systems of epistemic and political power. Drawing from global academic literature and policy developments, it identifies four critical phases in AI’s regulatory history and evaluates their societal impact, especially on labour, education, ethics, and governance. The paper criticizes cognitive unfairness, misleading techno-solutionism, and the prevalence of Western-centric AI paradigms that stifle voices from the Global South. It examines the fragmented world of contemporary regulation, from China's algorithmic limits to India's Responsible AI initiative and the EU AI Act, while also highlighting innovation and inequity. In order to solve persistent governance flaws, the paper proposes a shift toward inclusive, adaptable, and pluralistic AI policy founded on moral foresight, democratic engagement, and global justice. By reasserting the importance of history in shaping future governance trajectories, this study contributes to a more reflexive and accountable approach to managing AI’s societal role.
In India homosexual relation was a crime till 2018 but marriage between homosexual couple is still not legally recognized by the Indian law. Homosexual couples can have a physical relationship and live together although they cannot marry each other. In India marriage is a religious tradition rules by different customs of different religions. And religions only consider a heterosexual marriage performed between a man and a woman. In a country where marriage is a sacrament practice, it is not possible to recognize same-sex marriage under personal laws. It can only be legalized under the Special Marriage Act which recognizes marriages that are not acceptable under personal laws. The people of the LGBT community should get the right to marry their partner and all the right that are available to the partners after marriage. This is guaranteed to them by the Constitution of India. Legal recognition of homosexual marriage is not a big issue when their relationship is considered legal. One argument given by the opponents of same-sex marriage is that marriage is performed to have a family although the homosexual couples cannot have a family. However, if their marriage got legal recognition, they could have a family because after that they can adopt a child.
Synthetic Faces, Real Disrepute: Deepfake and the Quest to Safeguard Celebrity Rights and Reputation
Deepfake, the technology which once belonged to the science fiction, has now emerged as a legal dilemma, threatening identity and reputation of the individuals, by stealing unique characteristics like face, voice etc, with just a click. This synthetic performance created by neural networks has redefined the boundaries of digital manipulation, as they generate digital imitation by using real footage or existing performance of a person. Deepfakes can be used for various innocuous purposes such as for creating parodies, create more engaging content, convert the content into multiple languages and generate such content that is easily accessible to the differently abled (Pavis, 2021). But the latest and most common use of the technology has got reduced to various malicious purposes such as stealing someone's identity and spreading misinformation. Amidst these systematic realities, one of the most concerning legal infringements is the violation of Right to Reputation, which is an integral part of Article 21 of the Constitution, which was also reaffirmed in the case of Subramanian Swamy v. Union of India (2016) 7 SCC 221. This aspect becomes more alarming when it is narrowed down to the context of celebrities owing to their heightened public visibility, economic value attached to their persona and their abundant digital presence. For instance, the global cricketing legend Sachin Tendulkar in 2024 fell prey to the use of this technology as a video of him promoting an online gaming app went viral. To worsen the situation, in that deepfake video he suggested that his daughter Sara Tendulkar, also a popular social media figure, had earned Rs. 1.8 lakh per day making predictions on that gaming app. Considering his large fanbase, not only was he subjected to cyber bullying due to promotion of such illegal app, hampering his reputation, but also due to such identity fraud, his audience was at a high risk too of believing him and registering on such suspicious application. Such identity fraud does not only violate technology laws, but it also infringes personality rights by unauthorized use of personal attributes like name, voice etc. This paper scrutinizes the vicious insinuation of deepfakes on the reputation of celebrities and also examines how various other rights such as right to sexual privacy, publicity and personality are hampered. It also aims to align the concept of individual identity evolving from John Locke’s Theory of Identity and other relevant theories, amidst contemporary technological advancements. Lastly, it also comes up with certain recommendations to combat the existing challenges and balance celebrity rights against malicious usage of deepfake models, while preserving and upholding the constitutional values and morality.
Reforming India’s Legal Framework for Environmental Crimes: Integrating Technology and Global Best Practices for Climate Justice
Environmental crimes, including illegal mining, pollution crimes and wildlife trafficking, undercut India’s climate agenda, undermine the safety and security of vulnerable communities and compound climate injustice. Even with the legislative protection of acts, such as the Environment Protection Act (1986) or the National Green Tribunal (NGT), enforcement mechanisms themselves create a legitimate impediment to accountability. This paper investigates India's regulatory processes to examine how effective they can be as tools to prevent environmental crimes and how closely those regulatory processes align with principles of climate justice. The legal analysis of statutes and NGT rulings are supplemented by case studies (such as the Bellary illegal mining issue or the Ganga Pollution) that help highlight the issues of enforcement as well as the severity of penalties or monitoring. Examining international instruments like the European Union's Environmental Crime Directive and enforcement initiatives of the United States Environment Protection Agency (EPA) shows best practice in compliance and prosecution. The paper sets out options for reform, including the establishment of specialist environmental courts and examples of technology-driven approaches (e.g., satellite monitoring and using blockchain for product supply chain transparency) that could enhance enforcement. Given the disproportionate impact on Adivasi and coastal communities, the paper argues that strong regulation can improve equity in climate action. The paper relies on (1) recent data from the Ministry of Environment, Forest and Climate Change; (2) UNEP reports (2023 to 2025); and (3) expertise and best practices obtained through Interpol's Environmental Crime Programme to provide concrete recommendations. With an emphasis on global learning and technology, the research framework aims to inspire a reshaped legal framework that reinforces accountability and adheres to the conference's theme of rethinking environmental law and policy for climate action.
Climate Justice and Human Environmental Rights
Climate Justice forms a crucial aspect in the realization of human rights. Climate justice refers to the equitable right of all human beings to access a clean, safe and healthy environment. Environmental degradation poses a serious threat to the existence of human rights. Environmental pollution resulting in several health issues such as respiratory, cardiovascular and other problems, impacts the Right to Life guaranteed to all citizens under Article 21 of the Indian Constitution. This can be curtailed by the collective effort of the legislative, executive and judicial organs of the nation in imparting climate justice to every member of society, specifically to the marginalized and vulnerable groups wherein the effects are more severe. This concept depicts the interrelation of human well being and ecological development, thereby emphasizing the lengths to which environmental degradation can severely impact human rights. Refugees are forced to leave their houses because of floods, droughts, rise in sea levels and other climate disasters. They are forced to face challenges for basic needs such as food, clothing, shelter, healthcare, etc. Indigenous rights are important as many of such communities have traditional knowledge and experiences, that can help in informing mitigation strategies and climate adaptation. In the international arena, instruments such as the Stockholm Declaration, Rio Declaration, United Nations Framework Convention on Climate Change and Kyoto Protocol highlight the synthesis between environment and human rights. Thus, there is a necessity to integrate the procedural and substantive law in such a manner which ensures consonance with the international instruments that reflect on climate justice. In this regard the role of citizens is not only limited as to merely being the subjects and entities of the government in the implementation of policies, but they must also engage in active participation to reduce the environmental hazards on an individual level in order to provide for sustainability. Climatic change due to degradation is a direct consequence of negligent human activities. It is therefore necessary to inculcate self consciousness among citizens to the growing needs of society and contribute to the effective utilization of natural resources, ultimately resulting in climate justice. This paper aims to delve into the concept of climate justice, highlighting the shared responsibilities of governments and citizens in addressing the disproportionate impacts of climate change on vulnerable populations.
Technological Progress vs. Human Rights: Privacy, Free Expression, And Reputation in the Era of AI And Deepfakes
The 21st century technology has totally transformed the way we socialize, communicate and participate in the society. Technology has become an integral part of the exercise of fundamental rights - altering the whole tenor of what liberty, dignity, and accountability mean in the modern world. With all these digital platforms, AI, and synthetic media, we have new ways to jump in and make money and trade knowledge, but it also opens up new cracks through which people can be vulnerable. Technology has drastically changed our perception of human rights; privacy, expression, and reputation are top of our list. In the digital era, people are aggregating and archiving personal information at an unparalleled pace via social media, surveillance and artificial intelligence, thus setting up a genuine contest between state security and privacy. AI-enabled surveillance tools - including predictive policing, facial recognition and mass surveillance - tend to discourage dissent and force people into self-censorship, ultimately eroding our freedom of expression. At the same time, deepfakes are destroying the right to reputation by allowing people to create hyper-real but false content that can destroy credibility, mislead, and disrupt democratic discourse. Even if courts and lawmakers are trying to keep up with privacy rights, data protection laws, and defamation rules, they still can't keep up with all the emerging threats. The right to privacy is in a losing battle against mass surveillance, data harvest mishaps and those algorithmic "profiles" that blur the lines between consent and brain-washing. AI is accelerating the development of surveillance that can dictate our behaviour, suppress people's thoughts and speech, causing some to keep their heads down, others to scream in terror. And deepfakes - which use machine learning - get to the heart of who we are, by creating almost-unrecognizable fake content that spreads lie, sows distrust and undermines democracy. These issues transcend borders; thus, we truly need internationally applicable legal rules and standards, firm ethical standards. Yes, new tools allow us to get connected and to learn faster, but they also raise significant concerns about the extent to which we are in fact free, about government surveillance, about the restrictions on free speech, and about the ways in which our reputation can be damaged. In my paper, I'll examine the right to privacy online, the chilling effect of AI-powered spying on people's free speech rights, and how deepfakes can harm people's reputations. I'll take a look at the current laws and court cases and the hot debates in this arena and then propose how we can strike a balance between growing the tech and defending our human rights. This paper explores the intersection of technological advancement and human rights, emphasizing the critical need to establish governance frameworks that balance technological innovation with the preservation of human autonomy, integrity, and dignity. The bottom line? We're not interested in hating tech; we're just interested in making sure that it develops in a way that reinforces the global human-rights system, not undermines it.
Legal Pluralism in South Asia: The Sustainable Role of Customary Law in Modern Legal Systems
This research explores the phenomenon of legal pluralism in the South Asian legal system with special emphasis on the continued relevance aspect and resilience of customary law within modern legal frameworks. Despite the formal establishment of state-tuned legal systems derived largely from colonial legacies and aftermath post-colonial codification, customary norms—rooted in diverse indigenous traditions with religious practices, and community eccentric adjudication which continue to shape the lived legal realities of millions across the region. So, by drawing on comparative analyses from jurisdictions in India, Bangladesh, Pakistan, Nepal, and Sri Lanka basically this study evokes the complex interplay between state made law and non-state powerful orders & customs. The paper examines how customary law works both in complementing and in time of political tension with formal legal systems particularly in areas such as personal laws land tenure regardless resolution and access to justice. This paper further investigates how courts and legislatures negotiate the legitimacy and admissibility of customary norms, principles and how such negotiations are influenced by factors including identity politics, rural-urban sub divides, gender dynamics and legal reform agendas for a long time. This paper further investigates how courts and legislatures negotiate the legitimacy and admissibility of customary rituals including principles and how such negotiations are influenced by factors including identity politics, religion, rural-urban sub-divides, gender dynamics, social justice and legal reform agendas for a long time. It further highlights how customary governance and indigenous regional jurisprudence interact with formal laws how legal hybridity shapes normative authority representing pluralism and how these frameworks collectively influence state legitimacy of pluralistic society and access to justice.
Climate Fallout: How India's Most Vulnerable Lose Land, Livelihood and Rights
Climate change has reached a critical juncture, where its implications can no longer be overlooked. It has become a pressing global challenge demanding urgent and equitable responses to safeguard vulnerable populations and human rights. Rising seas, eroding coastlines, extreme heatwaves, and intensifying floods threaten livelihoods, homes, and the basic rights of marginalized communities. Even when environmental degradation affects all, the poor remain least equipped to cope, suffering disproportionately. By examining the interplay of ecological hazards and social vulnerability, this study highlights how India’s most affected people and regions are losing land, income, and dignity in ways often invisible to policy and governance. Through this lens, the paper underscores the urgent need for inclusive strategies, equitable resilience, and systemic reform. It offers a critical exploration of the human fallout of climate change, revealing the stakes for those who have contributed least yet bear the heaviest burden.
Sexual Harassment at Workplace: POSH Act from Law to Action
India aspires to become one of the major economies of the world, for which it needs to harness its women power, who constitute half of its population but a major deterrent to women joining the workforce is the fear of sexual harassment at the workplace. Sexual Harassment is any unwelcome sexually tinted behavior which creates a hostile work environment. It is a form of gender discrimination and violates the right to equality, life, and the right to practice any occupation, which are fundamental rights guaranteed by the Constitution. With an objective to prevent and redress such harassment, the government enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013, known as the POSH Act (Department of Expenditure, n.d.). In my paper, I would begin with a brief background that led to the promulgation of the Act and then analyse its main provisions. I would then delve into the various nuances of sexual harassment, the employer's duties to ensure a safe workplace, and the procedures to be followed in the event of any harassment incident. Next, I would examine the current situation in light of a few landmark cases of sexual harassment. Finally, I would discuss some suggestions for improvements in the law and its implementation, which can make the workplace more secure for women, contributing to development of the individual, society, and the nation.
Criminal Justice and Human Rights: A Discussion of Custodial Violence, Pretrial Detention and Capital punishment
The interaction between criminal justice systems and basic human rights poses one of the greatest challenges in modern legal approach, especially with regards to safeguarding human dignity into the punitive means. This paper looks at three critical areas in which the working realities of criminal justice often collide with accepted human rights standards: custodial violence/abuses of dignity, prolonged pre-trial detentions and unreasonable delays in the administration of justice, and the death penalty in the context of the right to life. Custodial violence constitutes a serious attack on the inherent dignity of the individuals within criminal justice system. However, cases of torture and physical and psychological intimidation continue to be recorded in prisons across the world despite constitutional protection or other international principles relating to human rights. This tendency erodes the point that human dignity can never be used to remove any human being no matter whether the criminal allegations against them or the fact that they are criminally convicted. The discussion shows that not only does custodial violence denies individual rights, but it alienates the population and undermines the status of the judicial institutions and suffers an institutional brutality syndrome. Another substantial human rights concern is the problem of under trial prisoners and lengthy delays of receiving justice cooked. Unreasonably lengthy pre-trial detention impairs the presumption of guilt and the right to timely trial of a case, presenting the paradox where a person is punished before his or her guilt is proved. Data shows that in most courts, the number of under sentenced suspects is higher than the convicted offenders bringing into perspective the inefficiencies of the system that converts detention into effective punishment. The delays will have a disproportionate impact on disadvantaged groups who cannot provide themselves with decent legal assistance, which further aggravates social inequalities in the justice system. Capital punishment is perhaps one of the most controversial combinations of criminal justice and the rights theme, and questions directly the right to life. The following debates focus on whether the issue of state-sanctioned killing can ever align with human rights, especially with the concerted number of wrongful convictions being recorded as well as the irreversibility of capital punishment execution. The discussion focuses on developing international norms, the elements of arbitrariness in working with death penalty, and the increasing world consensus about abolition. It adopts a multidisciplinary approach in combining a legal analysis, human rights jurisdiction and the empirical data whether these criminal justice practices suit the international human rights norms or not. Findings show that structural reforms towards bringing criminal justice systems in line with human rights obligations need to be put in place, which include more rigour in oversight mechanisms, judicial transformation to speed-up trials and comprehensive back-up to capital punishment. This study finds that sustainable reform of criminal justice must recognize the conflict that exists between these aims of punitive goals and human rights protections. There is a need to deal with the causes of the problems, not with mere incidents, a focus should be put on rehabilitation instead of focusing on retribution, and at the same time, not compromise safety for the population. Representing a growing body of evidence about criminal justice reform, the findings can serve as policy guidance to achieve human rights-conforming criminal justice systems.
Shield or Sword? The Double-Edged Law of Atrocities
This article majorly deals with how the question that whether the objective for which the ‘The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989’ was enacted, are being fulfilled or has the act fallen short of its expectations. The intent behind enacting such legislation was to ensure social justice for the historically marginalized communities and provide them protection against the caste-based violence that such communities face. However, it would not be wrong to say that over the time, this legislation has become a topic of public debate and has been caught in the crossfire between protecting the basic human rights of the marginalized communities and the allegations of people using this as a means to threaten the fundamental rights of other people. The concerns are so critical that the Supreme Court in the case of Subhash Kashinath Mahajan v State of Maharashtra (2018) had to acknowledge some flaws in the act and even diluted certain provisions. The apex court introduced safeguards such as – before registering the FIR, the police was required to conduct a preliminary inquiry into the matter and find out if the complaint holds any weight at all. Section 18 of this act is another controversial provision that has always been on the radar of critics; this provision prohibits anticipatory bail for any offense under this act. The SC acknowledged that such provision can very easily lead to increase in number of false accusations and undue harassment of the accused. However, the changes had to be restored following massive protests against the judgment. While it is important to acknowledge the discrimination and harassment faced by the marginalized communities, one cannot turn a blind eye towards the gross misuse of this act, especially when the statistics evidently call for serious reforms. According to a very alarming data released by the Rajasthan Police, around 40% of all the POA Act cases filed in the state were found to be false[1]. It shows how this act is being wrongly invoked to settle personal scores or to extract money. In this paper, I have also tried to challenge the overgeneralized perception that the provisions of this act are only used to register false complaints. Although the conviction rates are low, factors like poor investigation, procedural lapses, caste-based power dynamics, etc. cannot be overlooked. By weighing both the sides and following an approach of balanced exploration, this paper aims to come to an even-handed solution which could safeguard the human rights of the SC/ST individuals and at the same time not infringe upon the fundamental rights of others.
Dear Readers, It gives me immense pleasure to present Volume 2, Issue 2 (October 2025) of the Journal of Legal Research and Polity (JLRP) on the theme “Evolving Dimensions of Human Rights in the 21st Century: Challenges and Opportunities.” This issue marks a significant milestone in our journey not only in terms of the diversity and depth of scholarly papers received but also as a testimony to our growing global presence and institutional progress. We are delighted to announce that JLRP has been officially assigned the ISSN (Online): 3107-7161, within just three months of application. This achievement reflects our consistency, editorial rigor, and commitment to maintaining high publication standards. Moreover, this issue witnesses’ contributions from international scholars, indicating that JLRP is steadily gaining recognition as a credible platform for academic platform on contemporary legal and policy issues. The theme of this issue is Human Rights in the 21st Century is both relevant in real time and vital. As technology reshapes societies, traditional notions of rights and freedoms are being constantly redefined. From AI surveillance, data privacy, and deepfakes, to climate change, gender justice, and digital inequality, this era challenges us to reinterpret and reaffirm the core values that form the foundation of human dignity. The sub-themes explored in this issue ranging from the Right to Privacy in the Digital Age to Climate Justice and Environmental Human Rights reflect the multidimensional nature of human rights today. They remind us that the scope of rights must transform itself with changing times, addressing not only the visible injustices but also the emerging vulnerabilities shaped by technology, environmental degradation, and systemic inequalities. At JLRP, we believe that scholarly engagement can play a transformative role in bridging the gap between law and lived realities. By encouraging interdisciplinary and comparative perspectives, we aim to foster dialogue among academics, practitioners, policymakers, and students to reimagine the human rights discourse in the 21st century. We take this opportunity to thank all authors, reviewers, and members of the editorial board for their valuable contributions and continued support. Each paper in this issue contributes uniquely to the ongoing dialogue on rights, justice, and the rule of law.
It is an immense pleasure to publish the inaugural issue of the Journal of Legal Research and Polity (JLRP). The details of the issue are Volume 1, Issue 1, and the year of publication is 2025. This edition focuses on the theme of “Artificial Intelligence: Its Governance and Impact in Society.” This issue focuses on the issues which have been intersected by law and AI, and which further demands our attention, critical analysis, and scholarly dialogue to enhance the use of AI into a secure and well-being manner. The use of AI has grown so rapidly that soon it will form a part of our daily life. Science and technology have made artificial intelligence which can think like human beings and has more intelligence quotient than any human being with a reasonable higher level of intelligence. There is no unique acceptable definition of artificial intelligence available. Artificial Intelligence (A.I) is an algorithm or software that thinks like humans by mimicking the human brain, an artificial model which thinks like humans. How AI works: Data->training-->Foundation Model->adaption-->Tasks For better understanding the concept we need to go into the details of artificial intelligence like how it functions, what jobs it can perform etc. Artificial intelligence can perform any tasks like data analysis, interpretation, brainstorming, calculating, computing etc. under any pressure and ensure timely submission of the same. I extend my gratitude and congratulation, on behalf of the JLRP team, to all the contributors for their commitment to academic excellence and valuable insights. We invite legislators, readers, scholars, independent researchers, and other stakeholders of society to provide their valuable feedback and contribute to this growing discourse.
Copyright (c) 2025 Journal of Legal Research and Polity
Mitigating Job Displacement in the Age of AI – A Policy Perspective from India
The utilization of artificial intelligence has been escalating globally. Artificial intelligence (AI) denotes the capacity of computer science and technology to execute complex tasks in an easier and faster manner which were traditionally carried out by humans. The advent of AI has facilitated the execution of our tasks more swiftly, effortlessly, and intelligently. The tasks encompass problem-solving, decision-making, elucidation, and other intricate activities that an intelligent individual would require considerable time to complete. The employment landscape in India encompasses several industries, including education, healthcare, information technology, and manufacturing. The integration of artificial intelligence accelerates and simplifies our tasks over all these sectors, however concurrently it impacts the employment landscape. The numerous detrimental implications include data and privacy infringement, employment displacement, among others. Simultaneously, we must also adopt AI during the industrial revolution. This research seeks to determine the potential for the coexistence of artificial intelligence and the mitigation of job displacement.
Artificial Intelligence in Legal Practice – Transforming the Profession or Threatening Tradition?
Artificial intelligence significantly enhances efficiency and productivity across various sectors by automating tasks and optimizing processes. It enables deeper insights from data analysis, improving decision-making in areas like Healthcare, Education, Transportation, Finance. Furthermore, Artificial Intelligence is driving innovations in areas like personalize learning and developing new technologies, shaping the future of various industries. Artificial Intelligence (AI) is rapidly reshaping legal practice, promising outstanding efficiency gains but raising profound questions about professional tradition and ethical safeguards. Artificial Intelligence is changing the way of lawyers. This Research paper explains if these changes are good or bad. On the one hand, AI tools can make legal work much faster. They can help with research, reviewing contracts, Drafting and pleading, summaries the case texts, providing cases related bare acts and planning for court cases. On the other hand, AI raises concerns. It could threaten lawyers' skills, the data privacy and security of client information, ethical consideration, transparency, explainability, accuracy, reliability, IPR related issues, deepfake or misinformation or fairness in our courts. We found that Artificial intelligence is very good at handling the simple and routine task which can lead to the lower the legal cost and helps more people to get legal aids. Moreover, if we don't watch it closely, AI can also have hidden biases, and people might not check its work carefully enough. We believe that to use Artificial Intelligence in good way, we need a clear regulation and ways to test if the AI is transparency and accurate. By mixing the new technology with old ethical standard procedures of courts, we can get the fruits of AI without hampering our justice system.
Mind Over Machine: Who is Controlling Whom?
Many people all over the globe are witnessing a drastic change in the use of technology. In the past few years, the advent of Artificial Intelligence (AI) took a great role in the human life. At the end of 2022 when ChatGPT was released, overnight it became a hot topic of discussion. This upgraded form of AI has the advance capacity which can create independent thoughts like humans and can have detailed personal communications with individuals. This phenomenon put a great impact in the world in which we live, both individually and collectively. The tools like ChatGPT, Google Gemini etc. is ten times smarter than the general AI. These tools become so popular that within a short span of time the craze to use such tools is increasing rapidly amongst different professionals. It is being used across various fields like doctors use it for patient diagnosis, business professionals to monitor market trends, and educators to enhance teaching and learning. It may sound good but the actual reality is different. In the contemporary period AI is becoming more potent that can even influence the human mind. Peoples are facing deepfake videos, AI generated voices which have been used in revenge porn, creating political conflicts, and also has its adverse influence in international relations. Based on the notion, this paper analyses the impact of Artificial Intelligence (AI) in the humanity. Firstly, this paper seeks to highlight the extent of AI and its use in various field and how the people of different professions use this tool for their own benefit along with the dark side and its negative influence in the human society. By the excessive use of AI people become dependent on it and getting influenced by the AI generated videos (Deepfakes), voices, news and even in the case of personal communication with AI Bot. Secondly, this paper tries to mention the evolving nature of AI and how AI develops itself and becoming more potent day by day. Finally, this study has tried to uphold the influence of Artificial Intelligence (AI) on human society and at present how the mind of people has been controlled by machine (AI).
Data privacy and protection in Artificial Intelligence (AI) play a crucial role. AI has been in use across all the sectors like employment, education, legal, research and development, healthcare, etc. Although often perceived as objective and neutral, AI can perpetuate or even intensify existing societal inequalities through algorithmic bias. This paper examines the operational tools of AI, pinpointing critical sources ranging from inconsistent training modules to opaque design architectures characterized as black boxes, and investigates their practical drawbacks. Focusing particularly on the Indian scenario, this paper underlines the limitations of current ethical legal frameworks in addressing these challenges and underscores the pressing need for robust governance. Through a comparative lens, it analyses regulatory responses in jurisdictions such as the European Union AI law GDPR, United States laws like California Consume Privacy Protection Act 2018, and United Kingdom Data Protection Act,2018, drawing lessons for India’s emerging AI policy landscape. With the concluding points and a holistic set of recommendation ranging from technical safeguards and legislative reforms to ethical design principles and international collaboration this paper aims to contribute to the ongoing global discourse on ensuring AI system are transplant, accountable and line up with principle of justice and equity.
The Role of Machine Learning in Cyber-Security
The present defense system lacks combating force to deal with the cyber threats that have been getting more technically developed and creativity in committing of the crime. Machine learning (ML) technology, which is another aspect of artificial intelligence, has been a firm player in abetting the commission of crime. The best thing about machine learning is that it does not require much human surveillance and can analyze large databases and give solutions. Despite the odds of machine learning, this can also be useful in combating cyber-crime. This paper carefully looks at the different aspects of machine learning (ML) that can be used in providing cybersecurity. Machine learning can be used in detecting advanced threats, analyzing complex malware, viruses, anticipating cyberthreats and monitor human behaviour for forecasting or otherwise which is complex, naturally unpredictable and does not have any straight cut jacket formula. It also critically examines the challenges encountered by machine learning like biasness, vulnerability towards cyber-attack and ethical challenges. On perusing the recent case studies, it reveals how machine learning has changed the modern day cybersecurity dimensions. The paper emphasizes the need for collaborative, interdisciplinary initiatives to mitigate the risks linked to machine learning deployment and to ensure its responsible and ethical application.
Deepfake Evidence And Criminal Trials – Challenges To Justice In the AI Era
The emergence of deepfake technology, synthetic media created a profound challenge to the credibility of digital credibility in adjudications. Deepfakes have capability to fabricate content to be used for evidence, manipulate surveillance footage, or produce deceiving substantiation statements, thereby threatening the integrity of the judicial process. This paper explores the technological underpinnings of deepfakes and their implicit abuse in judicial proceedings. Though we have introduced Bharatiya Sakshya Adhiniyam 2023 this Act does not have retrospective effect and the cases filed before 1st July 2024 are still guided under the erstwhile Indian Evidence Act, 1872. This paper evaluates India’s current legal framework, particularly the Indian Evidence Act, 1872 and Information Technology Act 2000, and highlights the insufficiency of these laws in addressing synthetic media contents. A relative analysis with the United States and the European Union demonstrates that India lags in both regulation and enforcement mechanisms. This paper emphasizes the need for legislative reform, judicial training, forensic invention, and public mindfulness for fair trial. In this digital era where visual and audio content can no longer be taken on their face value, securing the authenticity of electronic evidence is a challenge to secure justice.
The spread of deepfake technology brings with it difficulties like threats to democratic integrity, privacy, and the detection of truth. Artificial intelligence, specifically deep learning and generative adversarial networks (GANs) is used in deepfakes to alter audio-visual content in a way that makes it hard to tell what is real and what is not. Creative advancements in communication and entertainment have been made possible by this advance technology, but it also creates opportunities for harmful applications like damaging reputation, identity theft, political disinformation, and deepfake consensual or non-consensual pornography. This article examines the creation and identification of deepfakes from a technological and legal perspective. It evaluates the effectiveness of detection tools in comparison to deepfake generation tools through a comparative analysis. The ethical obligations are analysed considering the legal ramifications, which include freedom of speech, digital consent, and privacy rights. To close the technological and legal gaps in confronting deepfakes, the article's conclusion calls for a multidisciplinary strategy that brings together engineers, legal professionals, and legislators.