LIJDLR

Volume IV Issue II

FROM VICTIM TO VILLAIN: A FORENSIC AND LINGUISTIC INQUIRY INTO THE CONSTRUCTION OF CRIMINAL IDENTITY IN THE AGE OF DEEPFAKES

Volume IV Issue II /

FROM VICTIM TO VILLAIN: A FORENSIC AND LINGUISTIC INQUIRY INTO THE CONSTRUCTION OF CRIMINAL IDENTITY IN THE AGE OF DEEPFAKES Neha Goyal, Assistant Prof. at Indore Institute of Law (India) Siddharth Sinha, Assistant Prof. at Indore Institute of Law (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.192 Deepfake technology has transformed the creation and dissemination of digital content by enabling the generation of highly realistic synthetic audio, video, and images. While these tools have legitimate applications in entertainment, education, and accessibility, their misuse has created significant challenges for criminal law, evidentiary standards, and the protection of personal identity. This paper examines how deepfakes alter the construction of criminal identity by transforming victims into perceived offenders through fabricated but persuasive digital media. Using a doctrinal, comparative, and case study methodology, the paper analyses the Indian legal framework, including the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Sakshya Adhiniyam, 2023, the Protection of Children from Sexual Offences Act, 2012, and the Copyright Act, 1957. It further compares regulatory developments in the United Kingdom, the United States, and the European Union, with particular reference to the Online Safety Act 2023, the proposed NO FAKES Act, the DEEPFAKES Accountability Act, and the EU Artificial Intelligence Act. Drawing on case studies involving financial fraud, intimate image abuse, family court evidence, political manipulation, and reputational attacks, the study highlights the role of digital forensics and forensic linguistics in authenticating disputed content and exposing synthetic identities. The findings reveal significant gaps in Indian law, including the absence of deepfake-specific offences, limited platform accountability, and inadequate evidentiary protocols. The paper recommends targeted legislative amendments, specialised forensic-linguistic laboratories, AI-based verification systems, judicial training, and public awareness initiatives to strengthen victim protection, preserve evidentiary integrity, and restore trust in digital media.

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RIGHT TO SAFE TRAVEL ON HIGHWAYS AS AN INTEGRAL FACET OF ARTICLE 21: CONSTITUTIONALIZING ROAD SAFETY IN INDIA

Volume IV Issue II /

RIGHT TO SAFE TRAVEL ON HIGHWAYS AS AN INTEGRAL FACET OF ARTICLE 21: CONSTITUTIONALIZING ROAD SAFETY IN INDIA Anushri Joshi, LL.M., 2nd year, Student at BSM Law College, Roorkee, Uttarakhand (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.191 “A road, particularly a high-speed Expressway, must not become a corridor of peril due to administrative lethargy or infrastructural gaps.” – Supreme Court of India. The expansion of highways and expressways has transformed India’s transportation network, facilitating trade, connectivity, and economic growth. This infrastructural advancement has simultaneously intensified concerns relating to road accidents, unsafe highway conditions, and preventable fatalities. India records one of the highest numbers of road accident deaths globally, with National Highways accounting for a disproportionately high percentage of fatalities despite constituting only a small portion of the total road network. These accidents frequently arise not merely from individual negligence but from unsafe road conditions such as illegal encroachments, unsafe parking practices, inadequate lighting, defective road engineering, poor surveillance systems, and delayed emergency medical response. Traditionally regarded as an administrative or regulatory issue, road safety has acquired constitutional worth through judicial interpretation of Article 21 of the Constitution of India. The Supreme Court, in In Re: Phalodi Accident v. National Highways Authority of India, recognized commuter safety and the right to safe travel on highways as a vital part of the Right to Life and dignity guaranteed under Article 21. The Court observed that the State’s obligation extends beyond refraining from unlawful deprivation of life and includes a positive duty to create conditions where life is preserved and protected. The paper examines the constitutional foundations of highway safety through Articles 14, 19, and 21 of the Constitution, along with the Directive Principles of State Policy. It further analyses the statutory framework governing road safety, including the Motor Vehicles Act, 1988, the National Highways Authority of India Act, 1988, and the Control of National Highways (Land and Traffic) Act, 2002. Judicial developments in cases such as Maneka Gandhi v. Union of India, Municipal Council, Ratlam v. Vardhichand, and S. Rajaseekaran v. Union of India demonstrate the judiciary’s growing approach towards public safety, legal tort liability, and State accountability. The study also highlights persistent challenges including weak enforcement, infrastructural neglect, lack of institutional coordination, and inadequate trauma care facilities. It argues that authorities must prevent avoidable accidents rather than mere post-accident compensation. The recognition of safe travel as a constitutional guarantee signifies an important development in Article 21 interpretation, reaffirming that highways cannot be permitted to become “corridors of peril” due to administrative indifference or infrastructural failure.

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INTEGRATION OF ARTIFICIAL INTELLIGENCE IN CORPORATE MANAGEMENT: OPPORTUNITIES, CHALLENGES, AND ETHICAL IMPLICATIONS IN INDIA

Volume IV Issue II /

INTEGRATION OF ARTIFICIAL INTELLIGENCE IN CORPORATE MANAGEMENT: OPPORTUNITIES, CHALLENGES, AND ETHICAL IMPLICATIONS IN INDIA Adv. Akshat Chauhan, LLM (Corporate Law), Scholar at IILM University, Greater Noida (India) Ms. Garima Mohan Prasad, Assistant Professor at IILM University, Greater Noida (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.190 Artificial intelligence (AI) is increasingly transforming corporate management in India by influencing managerial decision-making, workflow automation, compliance monitoring, customer engagement, financial analysis, risk assessment, and strategic planning across diverse business sectors. In the Indian regulatory landscape, AI adoption is developing within a governance framework shaped by policy initiatives and soft-law guidance issued by NITI Aayog and the Ministry of Electronics and Information Technology (MeitY), alongside sector-specific oversight by regulatory authorities such as the Reserve Bank of India (RBI) and the Securities and Exchange Board of India (SEBI). The enactment of the Digital Personal Data Protection Act, 2023 has further established an important legal foundation for the lawful processing and protection of personal data used in AI-driven managerial systems. This paper examines the opportunities, challenges, and ethical implications associated with the integration of AI into corporate management practices in India. Adopting a doctrinal and analytical research methodology, the study relies on statutory materials, regulatory papers, policy documents, and corporate case illustrations to evaluate the growing role of AI in contemporary business governance. The paper specifically analyses regulatory instruments including the DPDP Act, 2023, SEBI consultation papers concerning responsible AI usage, RBI observations on AI deployment in regulated entities, and policy frameworks developed by NITI Aayog and MeitY . The study finds that AI can significantly improve operational efficiency, predictive decision-making, compliance management, customer responsiveness, resource optimisation, and strategic agility within corporations. However, it also identifies substantial concerns relating to algorithmic bias, opacity, cybersecurity vulnerabilities, workforce displacement, data governance failures, and accountability deficits arising from automated decision-making systems. The paper concludes that India’s corporate sector should adopt a governance-oriented model of AI integration that combines innovation with board-level oversight, privacy safeguards, explainability standards, impact assessments, cybersecurity preparedness, and meaningful human supervision to ensure responsible and ethically compliant deployment of AI technologies in corporate management.

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ALGORITHMIC CORPORATE GOVERNANCE IN INDIA: BOARD ACCOUNTABILITY FOR AI-DRIVEN BUSINESS DECISIONS

Volume IV Issue II /

ALGORITHMIC CORPORATE GOVERNANCE IN INDIA: BOARD ACCOUNTABILITY FOR AI-DRIVEN BUSINESS DECISIONS Nayana M. S, LL.M, 4th Semester, Student at J.S.S Law College (India) Usharani M.C, Professor at J.S.S Law College (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.189 The increasing integration of Artificial Intelligence (AI) into corporate governance structures has transformed the manner in which companies undertake decision-making, risk assessment, compliance management, and strategic planning. While algorithmic systems enhance efficiency and predictive capabilities, they simultaneously create complex legal and governance concerns relating to transparency, accountability, fiduciary obligations, and regulatory oversight. This paper critically examines the legal implications of algorithmic corporate governance in India, with particular emphasis on the accountability of corporate boards and directors under the Companies Act, 2013. The study specifically analyses whether the fiduciary duties prescribed under Section 166 of the Act extend to AI-assisted decision-making processes and whether directors may be held responsible for harms arising from opaque or biased algorithmic systems. The research adopts a doctrinal and comparative methodology based upon statutory interpretation, judicial precedents, regulatory materials, and academic scholarship. In addition, the paper undertakes a comparative analysis of the European Union AI Act framework to evaluate evolving international standards concerning AI governance and corporate accountability. The study further examines issues relating to data governance, consumer protection, algorithmic bias, and regulatory compliance in AI-driven corporate operations. The paper argues that the existing Indian corporate governance framework remains insufficient to address the unique risks posed by algorithmic governance systems. It proposes the introduction of AI-specific corporate governance obligations, enhanced disclosure standards, board-level oversight mechanisms, algorithmic audit requirements, and clearer statutory liability principles to ensure responsible and accountable deployment of AI technologies within corporate entities.

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A CONSTITUTIONAL PERSPECTIVE ON THE RIGHT TO DECENT WORK: A COMPARATIVE STUDY OF INDIA, SOUTH AFRICA, BRAZIL

Volume IV Issue II /

A CONSTITUTIONAL PERSPECTIVE ON THE RIGHT TO DECENT WORK: A COMPARATIVE STUDY OF INDIA, SOUTH AFRICA, BRAZIL Adv. Charu Sharma, Practicing Advocate at Jawali, Himachal Pradesh (India) Shubham Upadhaya, LL.M. Scholar at Faculty of Legal Sciences, Shoolini University, Solan, Himachal Pradesh (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.188 This study examines the constitutional status of the right to decent work in India, South Africa, and Brazil, three major democracies of the Global South that confront persistent labour-market inequalities and significant informal employment. The concept of decent work derives from international legal and policy frameworks, particularly the International Labour Organization’s Decent Work Agenda and Articles 6 to 8 of the International Covenant on Economic, Social and Cultural Rights. The research addresses a key gap in comparative constitutional scholarship by analysing the extent to which these jurisdictions recognise, protect, and enforce decent work as a justiciable socio-economic right. Using a doctrinal and comparative methodology, the study evaluates constitutional provisions, judicial decisions, labour legislation, and recent policy developments between 2018 and 2025. The findings reveal that India protects elements of decent work indirectly through Articles 14, 21, and the Directive Principles of State Policy, but does not expressly guarantee an enforceable right. South Africa provides stronger textual protection under Section 23 of its Constitution, although implementation remains uneven, particularly for migrant and informal workers. Brazil constitutionally recognises labour rights under Articles 6 and 7, yet labour deregulation and continuing informality have weakened effective protection. The study concludes that constitutional recognition must be complemented by robust enforcement mechanisms, stronger labour institutions, and inclusive protection for gig, migrant, and informal workers.

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THE DOCTRINE OF FORCE MAJEURE IN THE AGE OF SMART CONTRACTS: A COMPARATIVE ANALYSIS OF JUDICIAL INTERPRETATION AND ALGORITHMIC EXECUTION

Volume IV Issue II /

THE DOCTRINE OF FORCE MAJEURE IN THE AGE OF SMART CONTRACTS: A COMPARATIVE ANALYSIS OF JUDICIAL INTERPRETATION AND ALGORITHMIC EXECUTION Abhishek Kumar, LL.M, Gujarat National Law University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.187 The rise of blockchain technology and smart contracts has created a structural dissonance at the heart of commercial law, as the deterministic inflexibility of code meets the flexible equity of centuries of contract law. Perhaps nowhere is this dissonance more pronounced than in the application of force majeure, a concept whose very definition relies on human interpretation, foreseeability, and judicial intervention. This paper undertakes a comparative legal analysis of the role of force majeure in traditional contract law and its potential, or lack thereof, in the algorithmic framework of smart contracts. By applying the landmark decision in the Indian Supreme Court case of Energy Watchdog v CERC (2017), as well as the English and American common law tradition, and emerging regulatory frameworks in the United Kingdom, the European Union, and India, it is submitted that the automation gap, or the inherent inability of code to respond to unforeseen circumstances without external data input, fundamentally challenges the contractual balance which force majeure has traditionally been intended to address. Furthermore, it is submitted that the concept of harmonious construction, traditionally applied in contractual interpretation, has the potential to provide a framework by which flexibility can be integrated in algorithmically enforced contractual obligations. The paper concludes by proposing a Legal-by-Design framework, recommending the inclusion of a requirement in smart contract law that dispute resolution, code governance, and legislative frameworks address code as a form of contractual expression, as opposed to its totality.

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ALGORITHMIC MANAGEMENT IN THE GIG ECONOMY: CHALLENGES TO LABOUR RIGHTS IN INDIA

Volume IV Issue II /

ALGORITHMIC MANAGEMENT IN THE GIG ECONOMY: CHALLENGES TO LABOUR RIGHTS IN INDIA Souvik Ghosh, LL.M. (Business law), Student at Amity University, Kolkata (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.186 The gig economy has rapidly expanded in India due to the growth of digital platforms such as Uber, Ola, Swiggy, and Zomato. These platforms have created new earning opportunities by connecting workers and customers through mobile applications and digital technologies. Although gig work is often presented as flexible and independent, it has also created serious concerns regarding labour rights and worker protection. One of the most important developments in this sector is algorithmic management, where digital systems and automated technologies are used to supervise workers, assign tasks, monitor performance, determine earnings, and evaluate productivity. This paper examines how algorithmic management affects labour rights in India’s gig economy. It analyses issues such as worker surveillance, income instability, lack of social security, weak bargaining power, legal uncertainty, and absence of collective representation. The study also looks at how effective the Code on Social Security, 2020 is in protecting the rights and welfare of gig and platform workers in India. The research is based on a doctrinal and analytical approach using secondary sources such as books, research articles, government reports, and legal documents. It studies how digital platforms and technology are changing the nature of employment and labour relations in the modern economy. The paper finds that while the gig economy has created new job opportunities and supported the growth of India’s digital economy, it has also increased problems such as job insecurity, irregular income, and lack of proper labour protection. Many gig workers continue to work without basic benefits like social security, health insurance, paid leave, or stable working conditions. The study further observes that existing labour laws are still not fully equipped to deal with the challenges created by platform-based work and algorithmic management systems. Therefore, the research highlights the need for stronger labour regulations and better implementation of social security measures for gig workers. It also stresses the importance of making algorithmic systems more transparent so that workers can better understand how decisions related to wages, ratings, incentives, and work allocation are made. Overall, the study argues that the future of platform-based work in India should not focus only on technology and economic growth, but also on fairness, worker dignity, accountability, and social justice.

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THE CONSTITUTIONAL TRILEMMA: EXECUTIVE OVERREACH, POLITICAL MISTRUST, AND THE SUPREMACY OF INFORMAL POWER-SHARING IN SOMALIA

Volume IV Issue II /

THE CONSTITUTIONAL TRILEMMA: EXECUTIVE OVERREACH, POLITICAL MISTRUST, AND THE SUPREMACY OF INFORMAL POWER-SHARING IN SOMALIA Mohamed Abdullahi Ismail, Faculty of Law, Mogadishu University Mogadishu, Somalia Download Manuscript doi.org/10.70183/lijdlr.2026.v04.185 This research article provides a critical legal analysis of the protracted constitutional crisis in the Federal Republic of Somalia, currently exacerbated by the unilateral transition from the 2012 Provisional Constitution to a newly amended framework. While the 2012 document enjoyed a degree of broad-based political consensus, the study posits that the current review process is trapped in a “Trilemma” involving Executive Overreach, systemic Political Mistrust, and a profound Crisis of Federal Consensus. A primary focus of this paper is the recent constitutional amendments initiated by the Federal Government, which signify a fundamental shift in the Somali governance model. The study examines the legal implications of these amendments, which have encountered significant Statutory Resistance from key Federal Member States (FMS), specifically Puntland and Jubaland. From a jurisprudential perspective, the article argues that the exclusion of these sub-national entities undermines the principle of Cooperative Federalism and violates the spirit of Article 142, which safeguards the status of existing states. This unilateralism has resulted in a state of Legal Fragmentarily, where the amended constitution lacks universal legitimacy across the federation. Furthermore, the paper explores how this institutional deadlock is reinforced by the persistent dominance of the 4.5 clan-based power-sharing formula, which functions as the de facto Grundnorm over the written law. The research demonstrates that while formal constitutional articles are frequently bypassed, any breach of the informal clan equilibrium triggers immediate systemic instability. The article concludes that for Somalia to achieve Constitutional Supremacy, it must reconcile the tension between central executive ambitions and the autonomy of Federal Member States. Without a comprehensive political settlement, the new amendments risk deepening the national divide rather than providing a stable legal foundation.

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THE PROLIFERATION OF HATE SPEECH IN THE AGE OF RIGHT TO FREE SPEECH

Volume IV Issue II /

THE PROLIFERATION OF HATE SPEECH IN THE AGE OF RIGHT TO FREE SPEECH Ms. Ankita Agarwal, Assistant Professor at School of Law, IFTM University (India) Dr Manisha Matolia, Associate Professor at School of Law, IFTM University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.184 It is difficult to determine when and where to draw the boundary between “hateful speech” and “freedom of expression.” For a true democracy, the former is absolutely necessary, whereas the latter is the exact opposite barrier. In this work, the author examines this deference using pertinent case law and customs. Limitations on “freedom of speech,” which is fundamental to a democratic society, are scrutinized. “Hateful speech” is no longer considered “freedom of speech” when it violates laws that forbid the propagation of hatred and/or the incitement of violence.A very complicated and sensitive subject, hate speech includes any form of communication that differs from a person or a group based on some features like race, color, ethnicity, gender, sexual orientation, nationality, religion etc. The laws pertaining to “hateful speech” have proven challenging to enforce in the modern era because there are new ways to express oneself every day due to greater connectedness. This paper explores the concept of “hateful speech” in its broadest sense, how it varies from “freedom of speech and expression,” and how the spread of “hateful speech” has hurt the nation. This paper aims to examine the meaning of hate speech and the point at which freedom of speech and expression crosses into unlawful speech, and to determine how a constitutional balance may be maintained between hate speech laws and Articles 14, 19(1)(a), 19(2), 21 and 25 of the Constitution of India so as to prevent misuse of powers. For this paper, the research methodology will be comparative and doctrinal or non-empirical. Primary and secondary data are the two types of data that the present study analyses.

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RETHINKING INDONESIA’S DEMOCRATIC SYSTEM: WHY IS A CONSTITUTIONAL MONARCHY WORTH CONSIDERING?

Volume IV Issue II /

RETHINKING INDONESIA’S DEMOCRATIC SYSTEM: WHY IS A CONSTITUTIONAL MONARCHY WORTH CONSIDERING? Ardhes Blandhivay Leuanan, Master of Laws, Student at Padjadjaran University, (Indonesia) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.183 This article critically analyses Tom Ginsburg’s thesis on constitutional monarchy as a counter-majoritarian institution and tests its relevance to the diagnosis of Indonesia’s democratic crisis during the period 2014-2026. The study employs a normative comparative legal method with a comparative constitutional analysis approach to key 2018-2026 literature and to empirical data from V-Dem, Freedom House, and the Economist Intelligence Unit; the conceptual approach is emphasised because the discussion engages doctrinal categories rather than primary empirical fieldwork. Although the literature on Indonesia’s democratic backsliding is abundant, scholarly debate has rarely seriously considered non-republican alternative state-design models, even though Ginsburg and his colleagues at the Universities of Chicago and Northwestern have developed a systematic thesis arguing that constitutional monarchy functions as a stakes-reducing device and as crisis insurance that supports democratic stability. The findings are threefold. First, the constitutional monarchies of Northern Europe, Japan, and Spain correlate strongly with stable liberal democracies; second, the causal mechanism lies in the separation of a symbolic head of state from an executive head of government, which closes the narrative space available to populist-authoritarian leaders; third, Indonesia already possesses a living precedent in the Special Region of Yogyakarta, which functions as a juridical constitutional monarchy within the body of the Republic. Although a full national conversion to constitutional monarchy is unrealistic, the functional logic articulated by Ginsburg can guide the strengthening of Indonesia’s counter-majoritarian institutions, with Yogyakarta serving as a constitutional experiment that warrants serious study.

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