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freedom of speech

DENIED IDENTITY: EXAMINING THE INFRINGEMENT OF FUNDAMENTAL RIGHTS THROUGH THE BAN ON CASTE DECAL FOR VEHICLES

Volume II Issue II /

DENIED IDENTITY: EXAMINING THE INFRINGEMENT OF FUNDAMENTAL RIGHTS THROUGH THE BAN ON CASTE DECAL FOR VEHICLES Lakshay Gupta, Student of B.B.A.LLB at Christ Deemed to be University Delhi, NCR campus Shaivi Agnihotri, Student of B.B.A.LLB at Christ Deemed to be University Delhi, NCR campus Download Manuscript ABSTRACT Caste and religious decals on cars have drawn a lot of attention, particularly considering the Uttar Pradesh police’s recent enforcement campaign against them. Numerous court rulings and orders have emphasised the ban on these decals, highlighting issues with social harmony and public order. Nonetheless, objections to these prohibitions have been made, pointing out that the Indian Constitution’s fundamental rights have been violated. Three fundamental rights—Article 14 (Equality before the law), Article 19 (Freedom of speech and expression), and Article 21 (Protection of life and personal liberty)—intersect with the ban on caste and religious decals. Since Article 14 guarantees equality and the protection of the law, banning these decals might be unfair and discriminatory. It is implied that prohibiting these decals may limit expression, association, and identity assertion whereas, Article 19 protects the freedoms of speech, association, and movement. The protection of the right to life and liberty, which includes autonomy and dignity, is provided by Article 21. This right may be jeopardised by restricting speech and upholding discrimination. These prohibitions are still in effect despite legal challenges, and violations are subject to fines under certain provisions of the Motor Vehicle Act. But since the Act doesn’t specifically forbid caste or religious decals, it’s unclear whether the fines levied for their display are justified. Furthermore, the Act usually permits small modifications, such as stickers, provided they don’t change the fundamental design of the vehicles. The prohibitions on religious and caste decals seek to address social issues, but to be justified as constitutional, they must pass the reasonableness test. Navigating this complicated issue requires striking a balance between societal interests and individual freedoms to protect both that is our fundamental rights and advance inclusivity and social harmony. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 215-225. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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LETTING BYGONES BE BYGONES: IMPLEMENTING THE RIGHT TO BE FORGOTTEN IN INDIA

Volume II Issue I /

LETTING BYGONES BE BYGONES: IMPLEMENTING THE RIGHT TO BE FORGOTTEN IN INDIA Gayathri G, Law Student. Download Manuscript ABSTRACT With India’s expanding digital landscape, this paper intends to evaluate how the Right to be Forgotten, a concept that gained considerable recognition through European regulatory frameworks, aligns with India’s legal, cultural, and technological environment. The primary focus is thus limited to the application of this right to the cyber domain. India’s privacy laws are critically analysed to determine whether the essence of this right can be accommodated. The paper also delves deeper into challenges in execution, like the juxtaposition of the contrasting Right to freedom of expression, a fundamental right guaranteed by the Indian Constitution, and the Right to be Forgotten. Recent legal cases involving privacy rights and online information are examined critically alongside international judgements to gauge how Indian courts view the concept. This paper contributes insights into adapting the Right to be Forgotten to India’s unique circumstances, considering implications for individuals, online platforms, and society. It explores the intersection of privacy, digital rights, and free expression. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue I, Page 560-573. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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FREEDOM OF SPEECH AND SOCIAL NETWORKING SITES: RIGHTS, RESTRICTIONS AND FUTURE PROSPECTS

Volume I Issue II /

FREEDOM OF SPEECH AND SOCIAL NETWORKING SITES: RIGHTS, RESTRICTIONS AND FUTURE PROSPECTS Mohd Fahed, Student, B.A. LL. B, Faculty of Law, Jamia Millia Islamia. Download Manuscript ABSTRACT The use of social media sites like Facebook, WhatsApp, Twitter, Instagram, YouTube, and others to read and share news and information has increased due to advancements in technology. A social network can be created in the virtual world using a variety of online communication channels using social media, which is a mobile and web-based technology. People from different parts of the country can access information posted by users from other parts of the world because of social media technology. Freedom of speech is the unrestricted ability of any person to express ideas and seek, receive, and give information through any means, regardless of boundaries. Every citizen in a democratic nation like India has the freedom to use social media to express themselves and spread information. We can upload something to social media, uplink it, comment on it, like it, share it, etc. because we have this freedom. The freedom of expression offered by these social media platforms is complete or unrestricted, but how are we as internet users using it? The paper examines how the government can balance censorship or regulation of social networking sites and peoples’ freedom of speech and expression. In conclusion, the paper argues for the necessity of reforming the legal framework governing speech regulation on social networking sites in India. It proposes that the government should adopt a more precise and specific definition of hate speech, narrowing down the scope of prohibited content. Additionally, it advocates for the establishment of an independent and transparent regulatory body responsible for overseeing the enforcement of speech regulations on social media platforms. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 434- 450. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content INTELLECTUAL PROPERTY THEFT- A NATIONAL SECURITY ISSUE FREEDOM OF SPEECH AND SOCIAL NETWORKING SITES: RIGHTS, RESTRICTIONS AND FUTURE PROSPECTS HARMONIZING DIVERSITY: THE QUEST FOR A UNIFORM CIVIL CODE LEGALITY OF EUTHANASIA IN INDIA: RIGHT TO DIE WITH DIGNITY ANALYSIS ON MECHANISM OF CORPORATE GOVERNANCES IN INDIA VICTIMS PLIGHT: NEED FOR GROWTH OF VICTIMOLOGY IN INDIA

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