LIJDLR

Volume IV Issue I

THE EVOLUTION OF PRIVACY AS A FUNDAMENTAL RIGHT IN THE AGE OF CYBER CRIME

Volume IV Issue I /

THE EVOLUTION OF PRIVACY AS A FUNDAMENTAL RIGHT IN THE AGE OF CYBER CRIME Tanmay Gujarathi, Advocate at Bombay High Court (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.128 This paper examines the development of privacy as a fundamental right in the context of rising cyber-crime and rapid digitalization. In the current digital world, huge amounts of personal data are produced, collected, and processed throughout day-to-day online activities, exposing individuals to increasing risks such as data theft, hacking, phishing, and cyber terrorism. The shocking rise in cyber-crime cases underlines the urgent need for strong legal safeguards to protect personal information and preserve individual autonomy. The paper looks into privacy not only as a negative right of exclusion but as a broad concept deep rooted in dignity, choice, and trust. It critically analyses the judicial recognition of privacy as a fundamental right under Articles 14, 19, and 21 of the Constitution, particularly through the landmark judgment in Justice K.S. Puttaswamy (Retd.) v. Union of India, which affirmed the right to privacy as inherent to life and personal liberty. At the same time, it acknowledges that this right is not absolute and may be reasonably restricted under law. The study adopts a doctrinal and analytical methodology, relying on constitutional provisions, judicial decisions, statutory frameworks, and secondary sources. Further, the paper classifies numerous forms of cyber-crimes and inspects India’s divided yet developing legal framework, as well as sector-specific legislation. It critically examines the Digital Personal Data Protection Act, 2023 as a major step toward establishing a comprehensive, rights-based data protection rule, while also recognising challenges relating to application, regulatory transparency, and potential state outreach. The paper concludes that protecting privacy in the digital era requires a balanced approach by combining strong legal frameworks, effective enforcement, technological safeguards, and public awareness, ensuring that privacy remains meaningful in an increasingly interconnected world.

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PROTECTION OF TRADITIONAL KNOWLEDGE IN INDIA

Volume IV Issue I /

PROTECTION OF TRADITIONAL KNOWLEDGE IN INDIA Anjali Patel, LL.M (IP), 2nd Semester, Student at Amity Law School, Amity University, Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.127 The traditional knowledge (TK), a set of medicinal formulations, agricultural practices, cultural expressions and ecological wisdom that has evolved in indigenous and local communities over centuries takes a controversial place in the modern intellectual property (IP) landscape. India, with one of the richest TK heritages in the world, especially in Ayurveda, Unani, Siddha, and Yoga has been in the forefront of the universality of TK protection. Bio-piracy, the systematic misappropriation of Indian traditional knowledge, where foreign organizations patent knowledge already existing in classical Indian literature, led to the establishment of the Traditional Knowledge Digital Library (TKDL), a searchable, multi-lingual, electronically structured searchable database, which was intended to serve as prior art in international patent courts. This paper evaluates critically the architecture, institutional structure, legal foundation, success and weaknesses of TKDL. It also examines the international legal tools applicable to TK protection such as the Convention on Biological Diversity (CBD), Nagoya Protocol, TRIPS Agreement, and WIPO Intergovernmental Committee (IGC) discussions, and outlines the most salient structural and political barriers to effective international TK protection. The approach to India is framed in terms of a comparative approach based on China, Brazil, South Africa, and Peru to locate the ways of reform. The paper concludes that although the TKDL is an essential defensive tool, India needs an integrated approach of a combination of robust sui generis positive protection law, reformed benefit-sharing systems, improved community management and a long-term effort to reform international law.

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PUNISHMENT, DETERRENCE, AND REFORM: A CRIMINOLOGICAL EVALUATION OF SENTENCING POLICIES

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PUNISHMENT, DETERRENCE, AND REFORM: A CRIMINOLOGICAL EVALUATION OF SENTENCING POLICIES Gunjan Basrani, LL.M, 2nd Semester, Student at Jagannath University, Jaipur, Rajasthan (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.126 The question of whether punishments effectively achieve their intended purpose is the central premise of the criminal justice system and is deceptively straightforward. This study analyzes the three major justifications for punishing offenders: deterrence, incapacitation and rehabilitation, against empirical evidence found in both common law and civil law system sentencing practices. Significant criminological research indicates that the credibility of deterrent sentencing has been exaggerated. The rate of return benefits from incapacitation decreases rapidly as the imprisonment population grows larger (i.e., after a certain point, the rest of the population is not at risk from imprisonment). Finally, empirical rehabilitation programmes have been successfully shown to provide the best option for reducing recidivism and below is an analysis of three commonly discussed sentencing policy models – mandatory minimums, truth-in-sentencing, and restorative justice; and this paper concludes by proposing a graduated framework, which supersedes the socio-political influences of penalty populism by focusing on proportionality and empirical outcomes.

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BEYOND DECRIMINALISATION: A CRITICAL REAPPRAISAL OF ADULTERY IN INDIAN MATRIMONIAL LAW

Volume IV Issue I /

BEYOND DECRIMINALISATION: A CRITICAL REAPPRAISAL OF ADULTERY IN INDIAN MATRIMONIAL LAW Abhishek Jain, LL.M, Student at Amity Institute of Advanced Legal studies, Amity University Uttar Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.125 This study conducts an extensive doctrinal and constitutional examination of adultery law in India, documenting its progression from ancient religious and customary practices to colonial criminalisation and subsequent constitutional decriminalisation. Adultery was historically regarded as a moral and matrimonial transgression governed by personal laws; however, the introduction of Section 497 of the Indian Penal Code, 1860 (Now Replaced by the Bharatiya Nyaya Sanhita, 2023), redefined it as a gender-biased criminal offence based on Victorian morality and patriarchal concepts of marriage. The provision, which regarded women as passive entities and safeguarded male property rights, faced minimal opposition until its annulment by the Supreme Court in Joseph Shine v. Union of India (2018). This research will examine the legal journey of adultery from colonial law to Constitutional reinterpretation. It will trace the origin of adultery as a criminal offence under colonial law, analyze judicial approaches prior to decriminalization, and discuss the treatment of adultery under various personal and matrimonial laws. It concludes that while decriminalisation was a progressive step, comprehensive reform is necessary to align family law with constitutional values, ensuring dignity, autonomy, and non-adversarial dispute resolution in marital breakdowns.

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THE CONVERGENCE OF INTELLECTUAL PROPERTY AND COMPETITION LAW: NAVIGATING THE FRAND PARADIGM IN STANDARD ESSENTIAL PATENT LICENSING

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THE CONVERGENCE OF INTELLECTUAL PROPERTY AND COMPETITION LAW: NAVIGATING THE FRAND PARADIGM IN STANDARD ESSENTIAL PATENT LICENSING Devika Singh, LLM (IP), 2nd Semester, Student at Amity University, Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.124 This study explores the growing tension between competition law and intellectual property rights, especially in the context of Standard Essential Patent (SEPs). As industries worldwide move toward unifying technological ecosystems like 5G, 6G, and the Internet of Things. Interoperability has become a prerequisite for entering the market. This dependence creates a unique paradox: the exclusive monopoly granted by patent law often collides with Competition law’s mission to prevent market foreclosure. At the center of this debate lies FRAND commitment Fair, Reasonable, and Non- Discriminatory licensing terms designed to reduce the risk of “Patent-hold up” while also protecting against “Patent-hold out” by implementers. This essay looks closely at the controversial use of injunctive relief as a tool for asserting market power, and at the evolving legal standards for determining FRAND Royalty rates. By comparing recent judicial developments in the US, India and the EU, the study evaluates whether existing regulatory frameworks truly manage to balance he two competing goals: safeguarding open competition and preserving incentives for innovation. This paper argues for a global licensing framework for the Standard Essential Patent (SEPs), built on greater transparency in “essentiality checks” and supported by specialized mechanism for resolving disputes. Such an approach is presented as key to overcoming the current FRAND deadlock ensuring that technological progress is not stalled and that antitrust principles are not determined.

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DARK PATTERNS AND THE ILLUSION OF CONSENT IN E-CONTRACTS IN INDIA: A LEGAL ANALYSIS

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DARK PATTERNS AND THE ILLUSION OF CONSENT IN E-CONTRACTS IN INDIA: A LEGAL ANALYSIS Pavitha T, Guest faculty, Government Law College, Chengalpattu (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.123 A paradigm shift in the concept of contractual consent, especially in the digital arena, where electronic contracts have gained prominence, but the user consent is typically obtained through interface-based mechanisms, and the issue is whether such consent is informed or merely a product of the interface itself. The current legal regime in India, based on conventional contract and consumer protection laws, is based on the assumption of rational and volitional decision-making. Previous studies have shown the impact of interface-based design and behavioural influence in the decision-making process, especially in the digital arena, through the use of dark patterns. However, not much legal scholarship has been done on the adequacy of the current legal doctrines in India in dealing with the phenomenon of illusory consent in the digital arena. This study is based on a doctrinal research methodology, where the current legal position is analysed in the context of the phenomenon of illusory consent in the digital arena. It is evident from the analysis that the current legal position is not adequate in dealing with the phenomenon of illusory consent in the digital arena, and a shift is needed in the current legal position.

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IMPACT OF EDUCATIONAL QUALIFICATIONS IN LEGISLATIVE PERFORMANCE AND ETHICAL GOVERNANCE: LESSONS FROM INDIA AND GLOBAL DEMOCRACIES

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IMPACT OF EDUCATIONAL QUALIFICATIONS IN LEGISLATIVE PERFORMANCE AND ETHICAL GOVERNANCE: LESSONS FROM INDIA AND GLOBAL DEMOCRACIES Megha Chandra, B.A LL. B (H), 4th Semester, Student at Amity Law School, Amity University, Lucknow, Uttar Pradesh (India) Dr. Rohit Kumar Shukla, Assistant Professor at Amity Law School, Amity University, Lucknow, Uttar Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.122 Education has always been considered the basic criterion to get employment in almost all sectors. In the case of politics, especially democratic politics in India, there is no such educational criterion that one must meet to become a member of parliament or a member of the legislative assembly. The discussion concerning the need for compulsory education for political leaders in India is not a new one, but no consensus has been reached till today. People supporting the idea state that mandatory educational qualifications for leaders are a must for a country to have good governance, whereas people who oppose mandatory education for political leaders assert that mandatory education goes against the fundamental principles of democracy. This topic lies at the crossroads of democratic participation and the need for efficiency. According to studies, people with higher education possess better analytical abilities and technical knowledge to make efficient decisions; however, history shows that some leaders lacking proper education changed the lives of their nations with the power of foresight, empathy, and courage. In this research paper, we will discuss whether education plays an important role in the efficiency of political performance. What is more, does it make politicians more ethical? Through the study of the political history of India and comparative political histories from other regions around the world, we can prove that while formal education makes politicians, it does not contribute towards ethics and grassroots connectivity.

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FROM PUNISHMENT TO PROPORTIONALITY: A CRITICAL ANALYSIS OF DECRIMINALISATION OF MINOR OFFENCES IN INDIA

Volume IV Issue I /

FROM PUNISHMENT TO PROPORTIONALITY: A CRITICAL ANALYSIS OF DECRIMINALISATION OF MINOR OFFENCES IN INDIA Krati Patni, LLM, Student at Jagannath University Jaipur (India) Dr. Varsha Dhabhai, Associate professor at Jagannath University Jaipur (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.121 The criminal justice system of India has been struggling for years with the problem of an overly criminalised structure, which is a legacy of the colonial-era legal system and was further worsened over decades by the excessive inclusion of penal provisions in regulatory laws without much reflection. This article seeks to consider the decriminalisation of minor offenses in India not just as an option, but as a constitutional, humanitarian, and institutional need. In particular, the excessive criminalisation of minor offenses imposes a great deal of undue suffering on the marginalised segments of Indian society, which consist of young people, the poor, and religious minorities, along with communities from the Schedule Castes and Schedule Tribes of India. Based on data provided by the National Crime Records Bureau about prisons in India, recent changes introduced through the Jan Vishwas (Amendment of Provisions) Act 2023 and subsequent Acts of 2025 and 2026, innovative elements of the Bharatiya Nyaya Sanhita 2023, and major judgments such as those in Joseph Shine v. Union of India (2018) and Navtej Singh Johar v. Union of India (2018), this study analyses the various aspects of the decriminalisation controversy, its benefits, and its drawbacks. This is a critical examination of the argument that decriminalisation without adequate administrative infrastructure leads to deterrence vacuums. It argues that effective reform not only calls for stripping criminalisation statutes of incarceration provisions but also building adequate alternatives to fill this space. The article concludes with a framework for ethical decriminalisation.

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RETHINKING CONSTITUTIONAL REMEDIES UNDER ARTICLE 32 AND ARTICLE 226 FOR GENERATIVE AI- CAUSED FUNDAMENTAL RIGHTS VIOLATIONS

Volume IV Issue I /

RETHINKING CONSTITUTIONAL REMEDIES UNDER ARTICLE 32 AND ARTICLE 226 FOR GENERATIVE AI- CAUSED FUNDAMENTAL RIGHTS VIOLATIONS Kaveri, LL.M (Constitutional law and Administrative Law), 2nd Semester, Student at Gujarat National Law University, Silvassa (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.120 It can read faster, think faster, comprehend faster- “Gen- AI” clearly has reduced human effort, a little too much. Gen- AI’s rise in recent times is era defining and as it goes, everything comes with its own unique challenges. To address this, Gen-AI needs to be legislated first, properly regulated. But there needs to be (initially) a practical redressal system for Fundamental Rights Violations caused by Generative AI technology. For this, we do have Article 32 and Article 226, but not without its own grey areas. As GenAI systems, operated by corporate entities, increasingly cause reputational, discriminatory, and financial harms, the existing legal frameworks particularly the definition of ‘State’ under Article 12 and traditional writ remedies do not give a complete answer to the problem at hand. The judgement in Kaushal Kishor v. State of U.P. (2023) has established that Article 19 and Article 21 can be enforced against Private entities, but how does one build a “chain of causation” in Gen-AI fundamental rights’ violations, for aggrieved party to bring several parties into defendant/respondent side. This article posits that the Indian Constitution possesses the inherent dynamism to bridge this gap and our Judiciary can answer these challenges and bring clarity to it, via Judicial Interpretation and some Judicial Creativity. We should evaluate if private entities exercising ‘functional sovereignty’ via GenAI can be brought under an expanded Article 12 ambit. And could the courts recognise a new constitutional tort of AI-based reckless or simple negligence?

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INTELLECTUAL PROPERTY RIGHTS IN FASHION INDUSTRY: NAVIGATING CREATIVITY AND COMMERCE

Volume IV Issue I /

INTELLECTUAL PROPERTY RIGHTS IN FASHION INDUSTRY: NAVIGATING CREATIVITY AND COMMERCE Saisha Sinha, LLM, Student at Damodaram Sanjivayya National Law University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.119 The fashion industry, a dynamic blend of creativity, commerce, and culture, thrives on innovation and distinctiveness. However, the protection of intellectual property (IP) within this sector remains complex and often inadequate. This research explores the multifaceted role of Intellectual Property Rights (IPR) including copyright, design, trademark, patent, and geographical indications in safeguarding creative assets in the global and Indian fashion industries. Through analysis of landmark cases such as Rajesh Masrani v. Tahiliani Design Pvt. Ltd., Louis Vuitton Malletier v. Atul Jaggi, and Christian Louboutin v. Yves Saint Laurent, the paper underscores how IP frameworks shape brand identity, preserve originality, and combat counterfeiting. Comparative insights from India and France highlight the divergence in legal protections, with France offering robust IP and haute couture regulations, while India faces challenges of weak enforcement, fragmented laws, and the rise of fast fashion and digital piracy. The study further emphasizes contemporary issues such as sustainability, consumer awareness, and the growing counterfeit market, urging the need for comprehensive IP reforms and international cooperation. Ultimately, it argues that a stronger, adaptive, and technology-integrated IPR regime is vital to nurture creativity, ensure fair competition, and secure the long-term economic and cultural value of the fashion industry.

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