LIJDLR

Volume III Issue IV

VICTIMS OF ALGORITHMIC HARM IN INDIA’S WELFARE SYSTEM: ARTICLES 14 & 21 REMEDIES

Volume III Issue IV /

VICTIMS OF ALGORITHMIC HARM IN INDIA’S WELFARE SYSTEM: ARTICLES 14 & 21 REMEDIES Wasif Rahman Khan, Research Scholar, Chanakya National Law University, Patna, Bihar, (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.216 India’s welfare delivery increasingly relies on digital and automated systems for identification, eligibility verification, record linkage, and benefit disbursal. While these tools promise efficiency, they can also cause wrongful exclusions at scale due to data mismatches, opaque backend processing, and automated classifications treated as final. This paper conceptualizes those affected as victims of algorithmic harm in the welfare state and argues that constitutional enforcement under Articles 14 and 21 can supply an effective remedy framework even in the absence of a dedicated AI statute. Article 14’s anti-arbitrariness and equality principles support enforceable duties of intelligible reasons, reviewability, and non-discriminatory impact in automated welfare administration. Article 21’s dignity-linked procedural fairness requires notice, meaningful opportunity to contest, and time-bound access to correction and redress because welfare exclusion can threaten subsistence and health. The paper proposes a constitutional minimum for high-impact welfare automation: notice of automated action, intelligible reasons, access to relevant personal data used, practical correction pathways, meaningful human review with override power, and interim relief pending review. It then outlines judicial and policy remedies: speaking-order requirements, disclosure directions, auditability and record-keeping standards, independent impact assessments, procurement controls to prevent black-box outsourcing, and specialized grievance mechanisms. Data connectivity and proprietary obstacles can impede transparency and successful redress, as demonstrated by a case study of Telangana’s Samagra Vedika “entity resolution” system. In order to increase delivery through automation without turning poverty into a compliance failure or welfare rights become unquestionable database outputs, the article ends with a Victim Remedy Framework specifically designed for welfare situations.

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PROTECTING DIGNITY IN CYBERSPACE: A CRITICAL ANALYSIS OF JUDICIAL RESPONSES TO DIGITAL SEXUAL EXPLOITATION IN INDIA

Volume III Issue IV /

PROTECTING DIGNITY IN CYBERSPACE: A CRITICAL ANALYSIS OF JUDICIAL RESPONSES TO DIGITAL SEXUAL EXPLOITATION IN INDIA Ankit Yadav, Ph.D. (Law) – Research Scholar, University School of Law & Legal Studies (USLLS), Guru Gobind Singh Indraprastha University (GGSIPU), Delhi (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.215 The advent of digital technologies has transformed communication and access to information, but it has also given rise to a disturbing increase in cyber-enabled crimes, disproportionately affecting women and children. Online sexual harassment, cyberbullying, image morphing, and the circulation of child sexual exploitative and abuse material (CSEAM) are becoming alarmingly widespread, often slipping through the cracks of traditional legal mechanisms. In response to these emerging harms, the Indian judiciary has assumed a crucial role in safeguarding constitutional values, particularly dignity, privacy, and personal security, within the digital sphere. This paper critically examines judicial responses in India to the growing threat of digital sexual exploitation, with particular reference to significant judicial interventions and landmark decisions, including Shreya Singhal v. Union of India, In Re: Prajwala Letter and Just Right for Children Alliance v. S. Harish, among others. These decisions collectively reflect the evolving approach of the judiciary towards enhancing platform accountability, compelling state action, and strengthening protections against online sexual abuse, especially in relation to the criminalisation, circulation, and consumption of CSEAM. Through judicial directions on content regulation, technological safeguards, and preventive mechanisms, courts have contributed to shaping a responsive legal framework aimed at victim protection and digital safety. Drawing on a doctrinal analysis of Articles 21 and 19(2) of the Indian Constitution, this study explores how the judiciary has sought to balance freedom of speech with the pressing necessity of curbing online sexual offences, particularly those involving CSEAM. It further evaluates the broader implications of judicial interventions on regulatory and institutional frameworks, positioning the Indian judiciary as a pivotal force in fostering a safer, dignity-centered, and constitutionally compliant digital environment for women and children in India.

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ARTIFICIAL INTELLIGENCE: AN EFFECTIVE WAY TO STREAMLINE LITIGATIONS IN INDIA

Volume III Issue IV /

ARTIFICIAL INTELLIGENCE: AN EFFECTIVE WAY TO STREAMLINE LITIGATIONS IN INDIA Balaji N, PhD Scholar, Reva University, Bangalore (India) Dr. Nagaraja V, Professor, Reva University, Bangalore (India) Dr. Praneetha B S, Principal, Seshadripuram Law College, Bangalore (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.214 Artificial Intelligence has become key tool in today’s technologically driven world. It may be science, technology, space, medicine, commerce or accounts AI has become indispensible. This technology has indeed reduced burden on many sectors and also streamlined the procedure and helps in uniform documentation. The Courts in India have been facing the challenge with respect to over- loading of cases, burden on the Judges, under-staff and mainly documentation. Hence technology especially the AI as a tool can be a boon in reduction of these issues. The paper identifies the gaps in the procedure of the Court and tries to find ways to remove the gap by use of artificial Intelligence. The paper highlights why delays are caused and how the technology can support in easy functioning by reducing the burden on the stakeholders. The paper also analyses the laws relating to AI and its lacuna if any because in all over the world, the cases in the courts against the AI is increasing day by day, especially in the United States, Europe and now even in India. Increase in the cases in the courts also increases the concerns for the privacy of the individuals.

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GENDER IDENTITY IN THE METAVERSE: LEGAL GAPS AND SOCIETAL BARRIERS IN VIRTUAL SPACES

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GENDER IDENTITY IN THE METAVERSE: LEGAL GAPS AND SOCIETAL BARRIERS IN VIRTUAL SPACES Annie Sharon Lloyd, 4th Year BBA LLB student at Kristu Jayanti College of Law(India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.213 This article is a product of the intersection of digital sociology, law, ethics, and gender studies and discusses gender identity in the metaverse with a focus on the current legal loopholes and social obstacles that disproportionately impact non-cisgender people. First, we explain how interaction and avatar technology builds identity expression on platforms such as ZEPETO and VRChat. Research indicates that sophisticated avatar customization and applications such as voice changers enable users to navigate and validate their gender identities offline. However, most mainstream virtual environments limit gender choices, constrain subtle expression, and expose the users, especially women and gender-diverse people, to virtual harms such as misgendering, harassment, and virtual sexual assault. These harms, although digital, often have real psychological effects, but fall into grey zones of jurisdiction and enforcement. Second, we evaluate shortcomings of existing legal and regulatory structures, from tort law and data protection laws to intellectual property norms and their insufficiency in tackling the specific varieties of harm in virtual environments. The findings reveal grave inconsistencies in the application of privacy, consent, and responsibility in immersive environments. Most users complain that they have few remedies through ineffective internal complaint mechanisms or the unavailability of a court remedy. In light of these insights, the research proposes certain legal reforms and international policy coordination, as well as platform inclusive design guidelines, including varying gender options for avatars, voice and identity-sensitive options, safety-by-design mediated tools, and public education. These efforts seek to ultimately develop digital realms that recognize gender identity as a class protected by the law and foster and advance equality and safety across the metaverse. 

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BEYOND WESTERN PARADIGMS: THE KAUTILYAN TEMPLATE FOR CONTEMPORARY INDIAN STRATEGIC STATECRAFT

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BEYOND WESTERN PARADIGMS: THE KAUTILYAN TEMPLATE FOR CONTEMPORARY INDIAN STRATEGIC STATECRAFT Siddaroodh Gururaj Ravi, BBA LLB, 1st year student at Symbiosis Law School (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.212 This study fills a critical gap in International Relations (IR) scholarship by empirically testing an ancient, indigenous strategic framework derived from Kautilya’s Arthashastra, specifically the Four Upayas (Sama, Dama, Danda, Bheda). Moving beyond normative appeals for the inclusion of non-Western theories, the research rigorously operationalizes these classical strategies as observable, testable variables to provide a systematic explanation of India’s diplomatic choices. Using a structured, focused comparative case study methodology, the paper examines India’s foreign policy behavior towards two archetypal relational contexts: Bhutan (the Mitra or ally) and Pakistan (the Ari or enemy). It explicitly tests whether the Kautilyan framework offers superior explanatory and predictive power relative to Neoclassical Realism (NCR), a leading Western theory that integrates systemic and domestic variables. Findings underscore the continued relevance and distinctiveness of Kautilyan statecraft, revealing a relational and sequential logic that shapes India’s strategic toolkit, which is often obscured in dominant Western models. The paper contributes significantly to IR theory, strategic cultural studies, and practical foreign policy analysis by advocating greater methodological rigor in employing indigenous frameworks for understanding complex contemporary geopolitics.

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FROM INDEPENDENCE TO ACCOUNTABILITY: REFORMING JUDICIAL APPOINTMENTS

Volume III Issue IV /

FROM INDEPENDENCE TO ACCOUNTABILITY: REFORMING JUDICIAL APPOINTMENTS Mayur Mahajan, B.B.A. LL.B.(H) 2nd Year, Jaipur National University, Jaipur (India) Labdhi Tervecha, B.B.A. LL.B.(H) 2nd Year, Jaipur National University, Jaipur (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.211 Judicial appointments represent a vital democratic mechanism, balancing judicial independence with public duty and transparency. This paper examines appointment systems throughout a couple of jurisdictions, reading how democracies navigate tensions among protective judicial impartiality and making sure democratic legitimacy in selection methods. Through comparative constitutional analysis of govt appointments, legislative confirmations, judicial carrier commissions, and hybrid fashions, this study identifies key demanding situations: political interference, inadequate range, opaque selection criteria, and declining public believe in judicial institutions. examining reforms in India, the UK, South Africa, Canada, and America, the have a look at evaluates high-quality practices in advantage-primarily based choice, time period limits as opposed to lifestyles tenure, and citizen participation mechanisms. The studies argue in opposition to the fake dichotomy of independence as opposed to accountability, featuring instead an included framework wherein both ideas support each different. This evaluative model emphasizes transparency, inclusiveness, merit evaluation, and institutional safeguards in opposition to political manipulation and judicial insularity. The observe contributes empirical evidence and normative arguments for reimagining appointment approaches that preserve judicial legitimacy amid cutting-edge democratic challenges.

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GUARDING LIBERTY OR CHOKING DISSENT? PREVENTIVE DETENTION AND THE RIGHT TO PROTEST IN INDIA

Volume III Issue IV /

GUARDING LIBERTY OR CHOKING DISSENT? PREVENTIVE DETENTION AND THE RIGHT TO PROTEST IN INDIA Maitra Varun Chotia, PhD Research Scholar, Central Sanskrit University, New Delhi (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.210 The strain between civil liberties and state security in India has become more acute in the recent years, with the special preventive detention laws becoming more and more in conflict with the basic right to dissent. This paper looks into the way in which the preventive detention system in India, which is based on Article 22 of the Constitution and laws such as the National Security Act (NSA) and Unlawful Activities (Prevention) Act (UAPA) have been applied to dissenters and whether this application is consistent with constitutional protections and international standards. The paper uses a doctrinal and comparative approach and examines Indian constitutional clauses (Arts. 19, 21, 22), major Supreme Court judgments, and recent statistics on UAPA/NSA detentions. It also evaluates the opinions of other jurisdictions (e.g. the U.S.). First Amendment and UK Public Order/ anti-terrorism legislation) and other human rights tools. The results show, there is a trend: preventive detention has historically been insulated by the Indian courts against the normal due-process standards, despite the expansion of other rights (e.g. the due process of Maneka Gandhi). Recent scholarship records a dramatic increase in the number of dissent prosecutions – more than 10,000 UAPA arrests and 800+ cases of sedition in 2014-24 – frequently on flimsy evidence. According to critics, the preventative detention system of India allows up to six months of detention without trial (which can be renewed at court) on vague grounds of unlawful activities and is commonly used against activists and journalists. Comparative law reveals, e.g., that the law of free speech in the United States guarantees controversial advocacy except where the advocacy tends to imminent violence, and that the European human rights law demands that any detention must have a high necessity and proportionality. The paper concludes that preventive detention institution in India places unreasonable emphasis on a risk-averse security paradigm at the expense of dissent, and suggests reforms: improved statutory definitions, increased controls (judicial and legislative), regular review, and increased protection of Article 22 guarantees. This work places the discussion in the context of Indian and international systems, which makes it an addition to the current academic debate on the topic of national security versus the right to dissent in a constitutional democracy.

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BALANCING BARS AND BENEFITS: THE TWIN GOALS OF EXCLUSION AND EFFICIENCY UNDER SECTION 29A OF IBC 2016

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BALANCING BARS AND BENEFITS: THE TWIN GOALS OF EXCLUSION AND EFFICIENCY UNDER SECTION 29A OF IBC 2016 Dev Shroff, 5th year, Student at Gujarat National Law University (India) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.209 The Insolvency and Bankruptcy Code, 2016 (“IBC”) was enacted as a transformative legal framework aimed at consolidating and streamlining India’s insolvency and bankruptcy laws. Its primary objectives include ensuring timely resolution of stressed assets, safeguarding the interests of creditors and other stakeholders, and fostering a culture of credit discipline and efficient corporate governance. Within this framework, Section 29A was introduced in 2017 as a disqualification clause designed to prevent promoters, erstwhile management, and other undesirable persons from regaining control of the corporate debtor during the corporate insolvency resolution process (CIRP). The intent was to protect the integrity of the process, ensure only bona fide resolution applicants participate, and thereby maintain creditor confidence in the system. Yet, while Section 29A represents an important gatekeeping mechanism, its practical operation has raised complex questions about its scope, proportionality, and consistency with the IBC’s objectives. Judicial scrutiny in landmark cases such as Swiss Ribbons and ArcelorMittal has upheld its constitutional validity and clarified some aspects of its application. However, these judgments have also revealed—and in some instances created—areas of continuing ambiguity regarding retrospective application, the scope of “related parties” and “control,” and the balance between exclusionary safeguards and market efficiency. These ambiguities have led to protracted litigation, inconsistent tribunal decisions, and potential deterrence of genuine bidders, which together risk undermining the Code’s foundational goals. This research is important because it moves beyond the settled question of constitutionality and interrogates the evolving jurisprudence and real-world impact of Section 29A in the post-Swiss Ribbons and post-ArcelorMittal period. By critically examining Indian case law over the last nine years, the study aims to generate insights that can guide policymakers, courts, and practitioners toward more coherent application of Section 29A. This work is novel in its exclusive focus on the post-judgment phase of Section 29A’s evolution and its emphasis on harmonising exclusionary intent with resolution efficiency, thereby contributing to a more predictable and effective insolvency framework in India.

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IS IT CHECK AND BALANCE OR CHECKS WITHOUT BALANCE: ANALYSING THE EROSION OF SEPARATION OF POWERS IN PRACTICE

Volume III Issue IV /

IS IT CHECK AND BALANCE OR CHECKS WITHOUT BALANCE: ANALYSING THE EROSION OF SEPARATION OF POWERS IN PRACTICE Shivendu Harihar, student of LL.M (Criminology) in Department of Law and Governance, Central University of South Bihar and has completed his LL. B (Hons.) from Faculty of Law, Banaras Hindu University. Dr. Deo Narayan Singh, Assistant Professor in Department of Law and Governance, Central University of South Bihar (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.208 This Article focuses on the key aspects of the theory of separation of power. Separation of power in its actual sense has been differed from what we see in practicality. This article gives an overview of how the separation of powers came as a theory of checks and balance and now it has overturned as the checks without balance. The Author has tried to discuss the role of different organs of the government or different pillars of the Constitution in the Indian context in maintaining an equilibrium, but in today’s context where different pillars are trying to overpower the other pillars, it becomes formidable to justify whether the theory in book succeeded in its proper implementation or failed to gain its rightful dues in the practical world. The Article has tried to portray in its actual sense, why there is need of checks and balances and how it is getting eroded by excessive overreach of power.

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ENCOUNTER DERIVED BY PUBLIC SENTIMENTS: WHETHER PART OF CRIMINAL JUSTICE SYSTEM

Volume III Issue IV /

ENCOUNTER DERIVED BY PUBLIC SENTIMENTS: WHETHER PART OF CRIMINAL JUSTICE SYSTEM Sadhvi, LL.M student in Department of law and Governance, Central University of South Bihar (India). Dr. Deo Narayan Singh, Assistant Professor in Department of Law and Governance, Central University of South Bihar (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.207 The article talks about the complex relationship between the encounter or extra judicial killings by law enforcement agencies and relative public sentiments, exploring how encounter has been influenced by the popular opinion, being legitimatized and at times being challenged for its validity in the Indian Criminal Justice System. A troubling dynamic is being witnessed due to the convergence of public opinion, political expediency, and law enforcement culture where these extra judicial killings have been normalized in spite of clear constitutional violations and legal prohibitions. The author’s prime focus is to analyse the driving factors behind these fake encounters where public sentiments are involved and its reason for variations at regional level through out India. Our Criminal Justice System is the outcome of Adversarial justice System where every person has the right to produce evidence in his favour and to defend himself with all the fair opportunities, and encounter takes away all such opportunities so it must be in accordance with law.

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