LIJDLR

Volume IV Issue I

CYBER SECURITY LAWS AND ROLE OF JUDICIARY IN PROTECTING PRIVACY RIGHTS IN INDIA

Volume IV Issue I /

CYBER SECURITY LAWS AND ROLE OF JUDICIARY IN PROTECTING PRIVACY RIGHTS IN INDIA Arpit Tripathi, LLM student at DSNLU Visakhapatnam (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.15 The rapid digitisation of India’s socio-economic framework has intensified concerns regarding cybersecurity and the protection of privacy rights. Recognised as a fundamental right under Article 21 of the Constitution, the right to privacy attained definitive constitutional status through the Supreme Court’s landmark decision in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017). This judgment not only affirmed privacy as intrinsic to human dignity and personal liberty but also established the principles of legality, necessity, and proportionality to assess state intrusion. India’s cybersecurity regime is primarily governed by the Information Technology Act, 2000, and strengthened by the Digital Personal Data Protection Act, 2023. While the IT Act addresses cyber offences such as hacking, identity theft, and unauthorised access, the DPDP Act introduces a structured framework regulating data collection, processing, storage, and consent-based governance. Together, these statutes seek to ensure accountability of data fiduciaries and enhance digital security. The judiciary continues to play a pivotal role in balancing individual privacy with competing state interests, including national security and public order. Through constitutional interpretation and judicial review, courts have imposed procedural safeguards on surveillance mechanisms and reinforced limitations on arbitrary state action. This paper critically examines the evolving interplay between legislative measures and judicial oversight in shaping India’s digital privacy landscape, highlighting the need for robust enforcement and rights-oriented governance in the era of expanding digital infrastructure.

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CRITIQUING THE ‘NOTICE AND CONSENT’ FRAMEWORK WITHIN INDIA’S DPDP ACT, 2023 AND CONSUMER PROTECTION REGIMES

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CRITIQUING THE ‘NOTICE AND CONSENT’ FRAMEWORK WITHIN INDIA’S DPDP ACT, 2023 AND CONSUMER PROTECTION REGIMES Nitin Shukla, PhD Research Scholar, Faculty of Law University of Lucknow, Lucknow (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.14 The introduction of the Digital Personal Data Protection Act, 2023 (DPDP Act) is a landmark in the digital jurisprudence in India that transformed the country into a unified statutory framework, moving away from a disjointed regulatory framework of Information Technology Act, 2000, to a centralized one, based on the Notice and Consent approach. This research paper critically, in detail, and exhaustively critiques this framework, enshrined in the DPDP Act, Sections 5 and 6, by contrasting it with the parallel remedial framework of the Consumer Protection Act, 2019, in Section 7, the so-called Legitimate Uses exception. This paper is based on the thesis that the standard of a valid consent stated in the DPDP Act including the necessity of a free, specific, informed, unconditional, and unambiguous consent is quite high, but the realities of consent fatigue and limited rationality combined with the broadly defined statutory exemption would tend to diminish those requirements to a mere legal fiction. Moreover, the paper also points to a very important jurisprudential difference, namely, the centralization of the enforcement in Data Protection Board of India (DPBI) with penalties accruing to the State, but the absence of direct compensation to Data Principals in the form of harm definition is also identified. The legislative option unwittingly increases the CPA as the main source of individual remedial compensation on harms of privacy, namely under the category of “Unfair Trade Practices” and “Unfair Contracts.” By comparing and contrasting with the GDPR and the PDPA of Singapore, and looking at the new Indian case law such as the Ashwani Chawla v. Flipkart Internet Pvt. Ltd. This study explains the confusing dual-compliance environment in which mobile numbers of collection cases are now being determined as cases of consumer protection following recent rulings on this topic by Chandigarh Commission. This paper concludes that the convergence of these two regimes forms a requisite yet discordant system of checks and balances, in which the failures of the DPDP Act consent model should be compensated by the application of the consumer law principles of dark patterns and fiduciary responsibility in good faith.

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CHILDREN’S RIGHTS AND PROTECTION IN INDIA

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CHILDREN’S RIGHTS AND PROTECTION IN INDIA M. David Ziegan Paul, BA. LLB. (Hons), 3rdyear, Bharath institute of law, Chennai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.13 This paper are Children’s rights and protection remain central concerns in India, where nearly one-third of the population consists of individuals under the age of 18. Safeguarding their rights is not only a moral obligation but also a constitutional mandate, reinforced by international commitments such as the United Nations Convention on the Rights of the Child (UNCRC), which India ratified in 1992. Despite existing frameworks, children in India continue to face multiple vulnerabilities, including child labour, child marriage, trafficking, abuse, and lack of access to quality education and healthcare. These challenges hinder their growth, development, and ability to live with dignity. And the Right to Education Act, which provide strong legal backing for children’s rights. Initiatives such as ICDS (Integrated Child Development Services), mid-day meal schemes, and child helplines demonstrate efforts to ensure protection and welfare. However, gaps remain in terms of implementation, awareness, and accessibility, particularly in rural and marginalized communities. Issues like poverty, gender inequality, and lack of effective enforcement mechanisms further deepen the crisis of child protection. Strengthening child rights requires a multi-dimensional approach that combines legal enforcement, social awareness, community participation, and institutional support. There is also a need to integrate child-sensitive policies within broader development agendas to ensure holistic growth and equal opportunities for every child. Protecting children is not only about shielding them from exploitation and abuse but also about empowering them to thrive in safe, supportive environments. A comprehensive rights-based approach will ensure that children in India not only survive but also flourish, thereby laying the foundation for a more equitable and progressive society.

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RECASTING CRIMINAL PROCEDURE UNDER THE BNSS: EFFICIENCY OR EROSION OF DUE PROCESS?

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RECASTING CRIMINAL PROCEDURE UNDER THE BNSS: EFFICIENCY OR EROSION OF DUE PROCESS? Prapti Rajeev, B.A.LL. B, 4th year, Christ Academy Institute of Law, Bengaluru (India) Srisha B.R., B.A.LL. B, 4th year, Christ Academy Institute of Law, Bengaluru (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.12 The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is a significant shift in India’s criminal procedure by replacing the Code of Criminal Procedure, 1973. The BNSS, with the objective of providing efficiency, transparency, and speedy justice, brings with it digital procedures, rigid timelines, and increased powers of investigation. Though these reforms guarantee modernization and efficiency in criminal trials, they also form the subject of serious concerns about the erosion of procedural safeguards and constitutional entitlements of fair trial and liberty of an individual. This study identifies the conflict between administrative convenience and safeguarding basic rights, determining whether the new system actually delivers justice or sacrifices due process in the name of speed. Using a comparative and analytical approach, the analysis assesses critical provisions on arrest, detention, and evidence troupe, raising the issue of the scope of judicial oversight in the new system. The analysis ends by arguing that the success of the BNSS is not just a matter of procedural reforms but of their loyal implementation within the constitutional framework to ensure that efficiency strengthens, not weakens, the precepts of fairness, accountability, and the rule of law.

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THE FUTURE OF LABOUR RIGHTS IN THE GIG ECONOMY: BEYOND CONTRACTUAL CLASSIFICATION

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THE FUTURE OF LABOUR RIGHTS IN THE GIG ECONOMY: BEYOND CONTRACTUAL CLASSIFICATION K.Abitha, Pursuing LLM (BUSINESS LAW) at Government Law College, Coimbatore (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.11 The Rapid rise of the Gig Economy has redefined the contours of labour relations, challenging traditional notions of employment, control, and protection under labour law. Gig Workers often engaged as “Independent Contractors,” occupy an ambiguous space between employee and entrepreneur, resulting in limited access to social security, minimum wages, and collective bargaining rights. This paper confronts the reality of algorithmic management, digital surveillance, and platform dependency, this article examines the inadequacy of the binary classification of “employee” and “independent contractor” is.  To detect changing paradigms of protection, it examines international legal and policy responses, such as the “third category” or “worker” status implemented in countries like the United Kingdom and new changes in India’s Code on Social Security, 2020.  To ensure that technological advancement does not come at the expense of human welfare, the paper advocates for a rights-based approach based on the concepts of dignity, equity, and decent employment, going beyond simple contractual classification. The study, which emphasizes the role of regulatory innovation, collective representation, and digital accountability in shaping sustainable labour standards for the twenty-first century, envisions a future framework for gig work that integrates flexibility with fairness through comparative legal analysis and policy evaluation.

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‘ACTUS DEI NEMINI FACIT INJURIA’: A CRITICAL APPRAISAL IN TORT JURISPRUDENCE

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‘ACTUS DEI NEMINI FACIT INJURIA’: A CRITICAL APPRAISAL IN TORT JURISPRUDENCE Vivek Danduboyina, 1st Year -Semester: I, Maharashtra National Law University, Nagpur (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.10 The maxim Actus Dei Nemini Facit Injuria, meaning “an act of God does injury to no one”, occupies a significant position in tort jurisprudence as a defence absolving liability where harm is caused exclusively by extraordinary natural forces beyond human control. Rooted in Roman law and developed through English common law, the doctrine reflects the foundational principle that the law does not impose liability for events that human foresight and prudence cannot reasonably anticipate or prevent. This research critically examines the jurisprudential basis, scope, and contemporary relevance of the maxim within modern tort law. Adopting a doctrinal research methodology, the study relies on judicial precedents from Indian and English courts, statutory provisions, and scholarly commentary. It analyses leading cases such as Nichols v. Marsland (1876) and Greenock Corporation v. Caledonian Railway Co. (1917), along with Indian decisions including Ramalinga Nadar v. Narayana Reddiar (1971), to evaluate the judicial standards governing the defence. The research identifies key limitations in the application of the maxim, including ambiguity in defining what constitutes an “extraordinary” natural event, inconsistency in judicial interpretation, exclusion of hybrid or human-induced uncontrollable events, and tension between fairness to defendants and compensation for victims. The study further highlights the doctrinal overlap between the maxim and related principles such as force majeure, strict liability, and insurance frameworks, which has reduced its independent operational significance. The paper concludes that while Actus Dei Nemini Facit Injuria retains symbolic and theoretical value in affirming that the law does not demand the impossible, its practical relevance in contemporary tort jurisprudence has narrowed. A calibrated reinterpretation aligned with modern disaster management and liability principles is therefore necessary.

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THE FUTURE OF MINORITY RIGHTS IN BANGLADESH: PROSPECTS AND CHALLENGES IN THE POST-SHEIKH HASINA ERA

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THE FUTURE OF MINORITY RIGHTS IN BANGLADESH: PROSPECTS AND CHALLENGES IN THE POST-SHEIKH HASINA ERA Dr. Anil Kumar Dixit, Professor, Career College of Law, Bhopal (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.09 This research paper examines the future of minority rights in Bangladesh in the aftermath of Sheikh Hasina’s ouster from power on August 5, 2024, following unprecedented student-led protests. The study is framed in the context of a post-Sheikh Hasina era, where the turnover of political power is likely to bring new political and legal priorities. Specifically, the research seeks to provide an understanding of the challenges facing minority rights holders-Hindus, Buddhists, Christians, and Indigenous peoples-within this transitional moment. Issues under consideration include communal violence, structural discrimination, and continued socio-economic marginalization. The study will inquire whether the existing legal and constitutional frameworks provide meaningful protection, noting that past assessments have found many of these protections to be aspirational, unenforced, or disconnected from prevailing political conditions. In analyzing this competing context, the research evaluates how minority rights were ostensibly secured under a Sheikh Hasina–dominated government that emphasized a secular framework, while also questioning whether the post-Hasina transition will sustain, reform, or dismantle these foundations. Additionally, the study will broaden its evaluation to include ongoing perpetrators of minority rights violations in the economic and societal spheres-such as land grabbing in Indigenous peoples’ territories, exclusion from economic opportunities in both public and private sectors, and cultural erasure through attempts to redefine national identity in exclusionary terms. Ultimately, this research situates minority rights within Bangladesh’s current political transition and assesses the potential pathways for legal and social protections in a post-conflict and post-authoritarian context.

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ALGORITHMIC ONLINE DISPUTE RESOLUTION AND THE FUTURE OF NEUTRALITY: CAN DIGITAL PLATFORMS REPLACE HUMAN ARBITRATORS?

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ALGORITHMIC ONLINE DISPUTE RESOLUTION AND THE FUTURE OF NEUTRALITY: CAN DIGITAL PLATFORMS REPLACE HUMAN ARBITRATORS? Kriti Agrawal, 8th Semester Student Pursuing BBA.LLB from Maharashtra National Law University, Chhatrapati Sambhajinagar (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.08 The increasing institutionalisation of Online Dispute Resolution (ODR) reflects a structural transformation in contemporary systems of alternative dispute resolution. While early models of ODR were largely confined to facilitating communication, document exchange, and procedural coordination, recent platforms increasingly deploy algorithmic systems capable of predicting dispute outcomes, recommending settlements, and, in limited contexts, autonomously resolving disputes. This technological evolution raises fundamental concerns for arbitration law, particularly in relation to the principle of neutrality, which has historically derived its legitimacy from human judgment, ethical responsibility, and procedural accountability. This paper undertakes a doctrinal and socio-legal examination of whether algorithmic ODR systems can meaningfully satisfy the legal and constitutional requirements of arbitral neutrality. Drawing upon Indian arbitration jurisprudence, statutory obligations under the Arbitration and Conciliation Act, 1996, and international instruments such as the UNCITRAL Technical Notes on Online Dispute Resolution, the paper critically interrogates the widely held assumption that algorithmic decision-making is inherently objective or impartial. It demonstrates that neutrality in arbitration is not merely the absence of bias, but a normative construct shaped by discretion, contextual reasoning, transparency, and accountability. The paper further argues that claims of algorithmic neutrality are largely illusory, as such systems remain deeply influenced by human design choices, institutional incentives, and historically contingent datasets. The delegation of adjudicatory functions to opaque digital systems is shown to undermine due process guarantees, particularly the requirement of reasoned decision-making and the availability of meaningful judicial review. While recognising the efficiency and accessibility gains offered by ODR, the paper concludes that algorithmic systems cannot replace human arbitrators without eroding the normative foundations of arbitral justice. A carefully regulated hybrid framework, preserving substantive human oversight, is proposed as the only legally sustainable model for the future of digital arbitration.

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JUDICIAL REFERRAL TO ADR UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE, 1908: DISCRETION, COMPULSION, AND CONSTITUTIONAL LIMITS

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JUDICIAL REFERRAL TO ADR UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE, 1908: DISCRETION, COMPULSION, AND CONSTITUTIONAL LIMITS Aujlaan Hamid, LL.M Scholar from Kashmir University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.07 Section 89 of the Code of Civil Procedure, 1908 represents a legislative effort to institutionalize alternative dispute resolution (ADR) within the Indian civil justice system as a response to mounting judicial pendency. Conceived as an enabling provision, Section 89 empowers courts to refer disputes to ADR mechanisms where elements of settlement appear to exist. However, its practical application has generated significant constitutional and procedural concerns, particularly regarding the erosion of judicial discretion, voluntariness of participation, and party autonomy. This paper critically examines the transformation of Section 89 from a discretionary judicial tool into a quasi-mandatory procedural step in trial court practice. Through doctrinal analysis and judicial interpretation, especially the jurisprudence developed in Salem Advocate Bar Association and Afcons Infrastructure Ltd, the study explores how mechanical and unreasoned referrals to ADR risk converting facilitation into indirect compulsion. The paper further analyses the constitutional implications of such practices under Articles 14 and 21 of the Constitution of India, highlighting concerns of arbitrariness, denial of access to justice, and dilution of procedural fairness. It argues that while ADR serves an important complementary role, its legitimacy depends upon preserving informed consent, suitability assessment, and reasoned judicial application. The paper concludes by advocating a model of structured judicial discretion that reconciles efficiency with constitutional discipline, ensuring that ADR remains a genuine alternative to adjudication rather than an imposed procedural diversion.

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LEGAL FOUNDATIONS OF REVOLUTIONARY CHANGE: A DOCTRINAL AND POLICY ORIENTED STUDY OF CONSTITUTIONAL AND INSTITUTIONAL TRANSFORMATION IN BANGLADESH

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LEGAL FOUNDATIONS OF REVOLUTIONARY CHANGE: A DOCTRINAL AND POLICY ORIENTED STUDY OF CONSTITUTIONAL AND INSTITUTIONAL TRANSFORMATION IN BANGLADESH Maksudur Rahman Alif, 4th semester student at Bangladesh Army International University of Science and Technology, Bangladesh Download Manuscript doi.org/10.70183/lijdlr.2026.v04.06 The July Movement of 2024 in Bangladesh is not only an upheaval of the political nature, but also a complete legal break that re-articulated the structure of constitutional power and institutional legitimacy. This article questioned the Movement as a revolutionary process in which legality, legitimacy, and popular sovereignty came to compete with each other in a manner that undermined authoritarian power bases. By contextualizing the uprising in the issues of doctrinal contestations regarding revolutionary legality, the paper will be addressing Kelsen Grundnorm, Schmitt concept of constituent power, Fuller procedural morality, and Rawlsian aspects of public justification. With this prism, this paper examines the possibility of revolutionary legality to maintain long-term legitimacy beyond the short-term horizon of the regime overthrow. The analysis is conducted on two levels which are inter-linked, i.e. the doctrinal one and the policy-oriented one. The doctrinal aspect looks at the intellectual premises of constitutional break and succession, and the policy aspect looks at the institutional reform in the third republic in the judiciary, electoral administration and administrative accountability. Special emphasis is placed on the dangers of authoritarian entrenchment during transitional constitutionalism, frailty enforcement and how civil society, youth’s mobilisation and Diaspora activism change. Analogies with other South Asian and world revolutionary experiences would help in the critical evaluation of the experiences of Bangladesh. The paper posits that the July Movement cannot be successful unless the authoritarian order is toppled and legality established with essential qualities of transparency, participation and accountability in the processes. The article integrates theory and practice and thus makes a contribution to South Asian constitutional theory, and in offering an analytical framework to assess revolutionary constitutionalism in transitions states.

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