LIJDLR

Human Rights

THE DANGLING SWORD OF ARTIFICIAL INTELLIGENCE INFRASTRUCTURE ON HUMAN RIGHTS

Volume IV Special Issue I /

THE DANGLING SWORD OF ARTIFICIAL INTELLIGENCE INFRASTRUCTURE ON HUMAN RIGHTS Ms. Maitreyee Sanjay Raut, Assistant Professor, KES Shri Jayantilal H. Patel Law College, Mumbai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.31 Artificial Intelligence has emerged as one of the most transformative technologies of the twenty-first century, influencing sectors such as education, agriculture, healthcare, law enforcement, traffic regulation and public administration. However, the rapid growth of AI is not merely a digital phenomenon; it is supported by large-scale physical infrastructure in the form of data centres. These data centres generate substantial heat and require continuous cooling, often through the use of clean freshwater. This raises a serious research problem: whether the increasing dependence on AI infrastructure is placing disproportionate pressure on scarce natural resources, particularly potable water and electricity, and whether such pressure may affect the enjoyment of basic human rights. This paper adopts a doctrinal and analytical research methodology, relying upon research papers, reports, articles, legal instruments and authoritative human-rights sources. It analyses the relationship between AI infrastructure, water consumption, electricity demand, fossil-fuel dependence, environmental degradation and corporate accountability. The paper finds that unchecked expansion of AI data centres may affect the right to safe and clean drinking water, the right to health, the right to information and the right of local communities to participate in decisions that affect their resources. It further argues that technological development cannot be treated as sustainable merely because it is innovative. The paper recommends mandatory human-rights and environmental impact assessments, greater transparency in corporate water and energy usage, public participation in approval processes, adoption of sustainable cooling technologies, and stronger State regulation. It concludes that AI development must be balanced with ecological responsibility and human-rights protection.

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AI AND HUMAN RIGHTS PROTECTION

Volume IV Special Issue I /

AI AND HUMAN RIGHTS PROTECTION Adv. Uchita G. Barve, 3rd Semester S. Y. LLM Student at Kes College of Law, University of Mumbai, Mumbai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.27 The rapid evolution of technology has profoundly transformed modern life, with Artificial Intelligence (AI) emerging as one of the most influential technological developments. By processing vast datasets, predicting outcomes, and assisting decision-making, AI enhances efficiency, accuracy, and productivity. While these advancements promote social and economic development, they also raise significant human rights concerns. The widespread use of AI introduces challenges such as privacy violations, mass surveillance, algorithmic bias, job displacement, cybercrime, and the misuse of deepfakes. Vulnerable groups, particularly women and children, face increased risks of online exploitation, harassment, and non-consensual content. These concerns necessitate a careful evaluation of whether existing legal frameworks are sufficient to regulate AI without hindering innovation. AI tools like ChatGPT, Google Gemini, and Google Translate have transformed and reshaped education, workplaces, healthcare, and governance. Innovations such as virtual court hearings and telemedicine have improved accessibility and efficiency. However, in medical and judicial contexts, AI may also threaten professional autonomy and human judgment. Despite its benefits, AI poses risks such as overreliance, reduced physical activity, and threats to employment. For instance, large-scale automation in countries like China has reduced reliance on human labour. Additionally, AI’s ability to access and misuse personal data, including through platforms like Google Photos, raises serious concerns about privacy and dignity. In India, initiatives such as Bhashini, Kisan E-Mitra, and Aarogya Setu demonstrate AI’s positive impact. However, robust legal and ethical frameworks are essential to ensure that AI development aligns with human rights principles, safeguarding dignity, equality, and freedom. This paper examines the intersection of AI and human rights in India. It evaluates AI’s impact on privacy, equality, dignity, and freedom of expression, reviews national and international legal frameworks, and highlights the urgent need for ethical governance and balanced regulation.

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HUMAN RIGHTS PROTECTION IN THE AGE OF ARTIFICIAL INTELLIGENCE: COMPARATIVE STUDY OF MODERN DEMOCRACIES

Volume IV Special Issue I /

HUMAN RIGHTS PROTECTION IN THE AGE OF ARTIFICIAL INTELLIGENCE: COMPARATIVE STUDY OF MODERN DEMOCRACIES Dr. Sukdeo Ingale, Asst. Professor, Department of Law, Vishwakarma University, Pune (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.24 Artificial Intelligence (AI) technology has the potential to transform governance, law enforcement, public administration and access to justice. While existing scholarship has largely emphasized risks such as privacy violations, algorithmic bias, mass surveillance, intellectual property concerns, automated profiling and exclusion, there is increasing recognition that AI can also be deployed as a tool for the protection and promotion of human rights. This paper undertakes a comparative legal study of selected modern democracies, namely the United Kingdom, the United States of America, Canada, Australia and India, to examine how AI-based systems are being used or regulated in relation to human rights enforcement. The study adopts a doctrinal and comparative methodology, relying on legal instruments, policy frameworks, judicial developments and scholarly literature to analyse AI applications in access to justice, equality, non-discrimination, welfare delivery, transparency and humanitarian response. The paper further examines challenges arising from AI deployment, including algorithmic bias, lack of transparency and explainability, fragmented regulation, digital divide and inadequate remedies for AI-generated harms. It recommends mandatory human rights impact assessments, explainable and accountable AI systems, effective grievance redressal mechanisms, inclusive public consultation, human supervision in consequential decisions, protection of vulnerable groups and stronger international cooperation on AI governance. These recommendations are directed towards ensuring that innovation does not weaken constitutional values, democratic accountability or substantive equality. The central argument of the paper is that AI has significant potential to advance human rights, but its effectiveness depends upon a suitable rights-based legal framework, transparent governance norms, ethical design, institutional accountability and meaningful human oversight wherever rights and liberties are affected.

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CRIMINAL ATTRIBUTES EMERGING FROM CRIME MAPPING: A HUMAN RIGHTS PERSPECTIVE

Volume IV Special Issue I /

CRIMINAL ATTRIBUTES EMERGING FROM CRIME MAPPING: A HUMAN RIGHTS PERSPECTIVE Sri Meena S, 4th semester B. A. L. L. B Student at government law college, Madurai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.15 In the 21st century, the utilization of artificial intelligence (AI) on employment, public services, surveillance significantly developed the socio-economic landscape. At the International level, cases such as the Dutch child benefits scandal and the use of the crime mapping in U.S. courts reveal serious governance failures in algorithmic decision-making. In the Indian context, the deployment of the CMAPS by the Delhi Police in the Jahangirpuri area has raised significant human rights concerns. The use of facial recognition technology has contributed to disproportionate arrests of Dalits and Muslims. In further, discriminatory recruitment algorithms in industrial AI applications such as Amazon’s hiring system, underscore issues of privacy violations, algorithmic bias, and unfair attribution. All these incidents are given clear picture about the violation of AI driven crime mapping in International and national human rights regime. Indian Constitution guarantees the human rights to protect the marginalized people from unfairness, discrimination, deprivation. From an ethical perspective, AI decision-making must be grounded in transparency, accountability, human dignity rather than merely technical preference. Through the analytical, multi-disciplinary, philosophical and humanitarian approaches, paper examines how AI governance must be anchored in ethical obligations and universal principles, highlights the requirement of human supervision on AI, challenges posed by AI-driven criminal attribution due to legal vacuum. Furthermore, the paper emphasizes that true development lies in restoring the public trust, safeguarding human rights and ensuring the remedial justice (ubi jus ibi remedium). Finally, the paper proposes remedial measures including technical safeguards, curriculum reform through awareness, and the formulation of strategic policy guidelines for effective governance.

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LAW IN THE AGE OF ARTIFICIAL INTELLIGENCE (AI): A FUNDAMENTAL PERSPECTIVE: AI AND HUMAN RIGHTS PROTECTION

Volume IV Special Issue I /

LAW IN THE AGE OF ARTIFICIAL INTELLIGENCE (AI): A FUNDAMENTAL PERSPECTIVE: AI AND HUMAN RIGHTS PROTECTION Dhrishti Haresh Bhindora, SYLLM ,3rd Semester, Business Law,Jayantilal H. Patel College of Law (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v4sil.12 The rapid evolution of Artificial Intelligence has significantly influenced legal systems worldwide, reshaping social structures and legal processes. Over the past two decades, Artificial Intelligence based technologies have been adopted in legal research, judicial administration, governance, surveillance, welfare delivery, and automated decision-making, directly affecting individual rights and obligations. Although Artificial Intelligence is promoted as enhancing efficiency and institutional effectiveness, its increasing integration within legal frameworks raises serious concerns relating to transparency, accountability, fairness, employment displacement, and the protection of fundamental human rights and personal data. The impact of Artificial Intelligence varies across generations due to differences in digital literacy, economic access, physical capability, and exposure to automated systems. Older generations often face exclusion as essential services become digitized, while younger generations experience continuous data monitoring, algorithmic profiling, and automated assessments with limited awareness or informed consent. These generational disparities present distinct human rights challenges requiring focused legal examination. This paper analyses Artificial Intelligence from a foundational legal perspective, focusing on equality, dignity, privacy, and access to justice within the Indian constitutional framework. Using doctrinal and analytical methods, it evaluates whether existing constitutional values, statutory safeguards, and judicial principles adequately regulate technological advancement. It argues that Artificial Intelligence must function only as a supplementary tool to human judgment, ethical reasoning, and constitutional morality, preventing excessive dependence that undermines human autonomy and legal accountability.

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BEYOND ABSOLUTISM: REASSESSING STATE IMMUNITY IN INDIAN AND INTERNATIONAL LAW IN THE AGE OF COMMERCIALIZATION AND HUMAN RIGHTS ACCOUNTABILITY

Volume IV Issue III /

BEYOND ABSOLUTISM: REASSESSING STATE IMMUNITY IN INDIAN AND INTERNATIONAL LAW IN THE AGE OF COMMERCIALIZATION AND HUMAN RIGHTS ACCOUNTABILITY Anshika Pandey, B.A.LL.B Student at Galgotias University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.267 The doctrine of absolute state immunity is well entrenched on the principle par in parem non habet imperium and in the doctrine of sovereign inviolability, and is seriously under challenge from globalization, the increasing role of states in commerce and the heightened human rights scrutiny. This paper calls for a rethinking of absolute immunity in terms of sovereign acts (jure imperii) and commercial acts (jure gestionis) and provides specific exemptions for the breach of jus cogens norms. In India, suits against foreign states are regulated by Section 86 of the Code of Civil Procedure, 1908 which mandates consent of the Central Government, unless the activity is commercial. Indian courts have gradually developed a restrictive approach in commercial contexts, although Mirza Ali Akbar Kashani v. United Arab Republic is better understood as a procedural baseline rather than as a restrictivist precedent. In that case, the dispute arose from a tea-supply contract with the United Arab Republic’s Ministry of Economy, Supplies and Importation Department, and the Supreme Court held that Section 86(1) CPC applied and barred the suit for want of Central Government consent. The later restrictivist development is more accurately reflected in decisions such as Ethiopian Airlines v. Ganesh Narain Saboo, where immunity was denied to a state-owned carrier engaged in commercial activity. It is further supported by constitutional remedies provided under Article 21 and 32 of the Indian Constitution, though India has not ratified the UN Convention on Jurisdictional Immunities of States (UNCSI) of 2004 which narrows the scope of immunity for contracts, torts and property and provides little protection for human rights claims. This vacuum is seen internationally in the case of Germany v. Italy (ICJ, 2012) and Jones v. Saudi Arabia (2006) where immunity was upheld against allegations of grave breaches and torture. On the basis of comparative practice, in particular the broad waiver for commercial cases under the Foreign Sovereign Immunities Act, and precedents in India, like Harbhajan Singh Dhalla, it examines the pro and con arguments surrounding restrictive immunity, namely, the principle of comity and the concept of commercial certainty, against the danger of immunity and some tension with constitutional principles under the guise of Article 51(c). It suggests the need for a State Immunity Act with automatic commercial waivers, the addition of jus cogens exceptions and time-bound procedures under Section 86 and also, India’s accession to UNCSI with human rights reservations. Finally, the paper urges a balance of state sovereignty and accountability and substantive justice.

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MENSTRUAL HYGIENE IN THE TIMES OF DISASTER IN INDIA: A SOCIO-LEGAL STUDY

Volume IV Issue II /

MENSTRUAL HYGIENE IN THE TIMES OF DISASTER IN INDIA: A SOCIO-LEGAL STUDY Tridipanna Sarmah, LL.M (Criminology and Criminal Law), 4th Semester, Student at Department of Law, Tezpur Central University, Assam (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.259 Menstrual health is a fundamental aspect of woman’s life. Safe and hygienic menstrual hygiene management is essential for protecting women’s health, dignity, and overall well-being. However, menstrual hygiene is often overlooked during disaster in India. When disaster strikes, minimum relief standards primarily focus on basic survival needs such as food, water, and shelter while the menstrual hygiene needs of women and adolescent girls are often neglected. The lack of sanitary products, privacy, safe sanitation facilities, and proper waste disposal not only affects health but also compromises dignity. The traditional or cultural norms of the society still reinforce negative perspective towards menstrual health and menstrual hygiene management. This study investigates the condition of menstruation hygiene management during disasters in India. It will also examine the socio-cultural, economic and institutional factors contributing to its non-prioritisation. The study further explores the legal and policy framework that shapes menstrual hygiene governance with other notable state-level initiatives. Despite the existence of disaster management laws in India, there are no specific provisions addressing menstrual hygiene.  The famous jurist John Rawls, in his book A Theory of Justice, emphasises that a just society must ensure fairness in the distribution of resources and opportunities. This paper argues that menstrual hygiene should be recognised as a core element of disaster management policy. This paper also critically examines the legislative gaps and calls for better laws, policies, and awareness to ensure that menstrual hygiene is not as a luxury health issue but a matter of human rights even during disasters.

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IMPACT OF IMMIGRATION POLICIES ON HUMAN RIGHTS: A COMPARATIVE ANALYSIS WITH FOCUS ON INDIA

Volume IV Issue II /

IMPACT OF IMMIGRATION POLICIES ON HUMAN RIGHTS: A COMPARATIVE ANALYSIS WITH FOCUS ON INDIA Pratibha Tewatia, B.A. LLB. (H), 7th Semester, Student at Amity University, Gurugram, Haryana (India) Sanya Singh, B.A. LLB. (H), 7th Semester, Student at Amity University, Gurugram, Haryana (India) Tanvi Jain, B.A. LLB. (H), 7th Semester, Student at Amity University, Gurugram, Haryana (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.216 Growing movement across borders increasingly tests national laws aiming to uphold government authority while meeting global duties to protect people. India, notable for sending many abroad yet also receiving large numbers, faces challenges as its outdated rules fail to match modern patterns of forced or voluntary relocation. Whether present policies secure basic freedoms for those crossing into the nation – be they asylum seekers, displaced individuals without citizenship, or laborers – is explored here through local judicial principles alongside worldwide standards. Beginning with India’s present framework under the Immigration and Foreigners Act, 2025, while situating the Foreigners Act, 1946 and related predecessor laws in their repealed historical context, the analysis then turns to the Citizenship (Amendment) Act, 2019 and safeguards embedded within Article 21 of the Constitution. Instead of general assumptions, examination follows structure found across U.S., Canadian, and EU immigration models, then extends into policies practiced by several Middle Eastern nations. Rather than isolated rulings, judgments issued by India’s highest court align beside findings from global judicial bodies. Following this path, benchmarks originate in the 1951 Refugee Convention, tied further to foundational agreements drafted under UN authority on human rights. The results indicate that India’s laws on migration carry deep-rooted flaws – such as rules frozen in time, uneven application across regions, and shifting conditions for staying – which place at greater risk communities like the Rohingya along with people without legal status. Although key decisions by the Supreme Court have applied constitutional safeguards under Article 21 even to foreigners, hurdles built into processes still weaken actual ability to claim these protections. This work suggests fragmented court actions fail to address core issues; instead, coherence may emerge through legislation matching national policies to global human rights standards. A single legal structure could reflect such alignment more effectively than scattered rulings.

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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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MINORITY RIGHTS AND THE POSITION OF WOMEN IN INDIA: A CONSTITUTIONAL ANALYSIS

Volume IV Issue I /

MINORITY RIGHTS AND THE POSITION OF WOMEN IN INDIA: A CONSTITUTIONAL ANALYSIS Shunmuga Sundarakumar G, Assistant Professor, Government Law College, Tirunelveli (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.133 The protection of minority rights constitutes a fundamental pillar of India’s constitutional framework, reflecting its commitment to pluralism, secularism, and social justice in a diverse society. The Constitution guarantees a range of rights aimed at safeguarding minority communities, including equality before the law, non-discrimination, freedom of religion, and cultural and educational autonomy. However, within these communities, women occupy a particularly vulnerable position due to the intersection of gender and minority status, which exposes them to multiple and overlapping forms of discrimination. This paper adopts doctrinal method and undertakes a constitutional analysis of minority rights in India, with a specific focus on examining the position and protection of women within minority communities. The study critically analyses key constitutional provisions such as Articles 14, 15, 21, and 25 to 30, alongside the evolving jurisprudence developed by the Supreme Court of India in landmark decisions. The analysis reveals that despite the existence of a robust constitutional and legal framework, minority women continue to face persistent challenges, including discriminatory personal laws, socio-economic marginalization, limited access to education and healthcare, lack of political representation, and heightened vulnerability to violence and discrimination, especially during communal tensions. The paper argues that a significant gap exists between formal legal guarantees and their effective implementation on the ground. It concludes that achieving substantive equality for minority women requires a gender-sensitive, rights-based approach that harmonizes minority rights with constitutional values. Strengthening legal awareness, reforming discriminatory practices, and ensuring effective policy implementation are essential to advancing the protection and empowerment of minority women in India.

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