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2002 research outputs found
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Data as a Determinant of Market Power in the Digital Economy: Factoring in Qualitative and Quantitative Considerations
No full textThe Revival of \u27Actual Damnification\u27 Rule: Deconstructing the Judicial Approach in India and England on Determining Commencement Of Liability in Contracts Of Indemnity
No full textConceptualising Public Trust in High-Risk AI Policymaking: A Comparative Analysis of Three Asian Cities
No full textHow do we develop trust in artificial intelligence (AI), which can threaten our fundamental rights or might cause physical harm? This article proposes a governance-centred framework and argues that trust in high-risk AI systems is a function not only of the features of the technology and personal traits but is also a function of trust in institutions under which they operate. The article tests and compares the validity of the framework using 3,600 online survey responses in Seoul, Singapore, and Tokyo. The results show the significant differences in patterns of institutional trust that directly affect the degree of trust in high-risk AI in the three cities
Editorial
No full textThis editorial explains why there is a dearth of scholarship on the interface between law and public policy and the ways in which the journal will endeavour to address this
Shifting Grounds of Accountability: How Governmentality Reduces the Commoning Practices of the Monpa Community in Arunachal Pradesh
No full textPastoralism is one of the traditional livelihoods of Monpa community that resides in western Arunachal Pradesh, India. They have been rearing yaks, an integral part of their culture and tradition, and managing summer and winter pasture lands as commons for grazing, However, the Monpa’s yak‑based livelihood is facing challenges as the number of villagers engaged in grazing related activities is reducing and the composition of livestock in the area is changing. To understand the reasons for these changes and its impact, an open‑ended questionnaire was used to interview herders, members of traditional village institutions and village panchayats, and elderly villagers who have been closely involved with grazing practices. We find that the priority and accountability of contemporary village institutions have shifted from managing local, natural resource‑based livelihoods to implementing government programmes for the socioeconomic development of locals. The presence of institutional mechanisms, with rules and regulations, is a prerequisite for the sustainable resource governance of commons. But this study finds that the outcome can be counter‑productive to the community’s interest if the objectives and priorities of institutions change and no one holds them accountable
Between Sovereignty and Commons: Legal Frameworks for Digital Data Governance in India
No full textThis legislative note critically examines the Indian Digital Personal Data Protection (DPDP) Act, 2023, with a focus on its provisions that imply data sovereignty and their implications for the governance of digital commons. Drawing on the seminal works on data commons, the note explores the conceptual and practical tensions between centralised data sovereignty, participatory, and decentralised models of data stewardship. While data sovereignty is often justified on grounds of national security and control, it may inadvertently hinder the development of inclusive and accountable frameworks for managing data as a public good
The Aadhaar Verdict and the Surveillance Challenge
No full textConventional responses to privacy protection, such as the notice-and-consent framework, are inapposite to a datafied world where ubiquitous data collection is facilitated by a range of advanced technologies. Such traditional frameworks also commonly vest the State with more leeway than private companies to access personal data, which amplifies privacy harms in case of State use of data. Despite the ominous possibility of State surveillance, the Indian judiciary has thus far grappled with the right to privacy through a narrow lens focused on individual privacy risks rather than structural moves towards a surveillance society. This article explores a different viewpoint by studying the structural effects of the Aadhaar project on privacy, which drastically differ from the individual harms that Indian privacy jurisprudence is equipped to address. It first introduces the Supreme Court’s engagement with the right to privacy through prior verdicts. It then explores the surveillance concerns raised by the petitioners in the Aadhaar verdict. This part examines the Supreme Court’s response to these surveillance challenges and its failure to address structural inroads on privacy through architectural design choices that deliberately prescribe low baseline protection. Finally, the article contrasts this approach with the more holistic perspective on citizen-State interaction evident in Justice Chandrachud’s minority view
Indian Secularism has Never Oppressed Any Faith. It has Only Protected Them All
No full textContrary to misconceptions, Indian secularism has not been oppressive of Hinduism, but has allowed it to flourish in public spaces. Only demanding that religion be kept out of state and electoral politics, it has promoted equality and fraternity between India\u27s citizens, thus serving Indian nationalism. Indian secularism has also protected Hindus and minorities alike
Gendering Dharma
No full textThe Dying Lineage: The Crisis of Political Power in the Mahabharata is the seventh monograph by well-known feminist historian Uma Chakravarti. The main thesis of the work is that the centrality of caste as a part of social infrastructure in India is not sufficient and one needs to bring the issue of “sexual governance” to understand social life (p 5). It introduces two new conceptual categories—“claste” (caste-cum-class society) and “sexual governance.
How US Tariffs are Threatening the Indian Readymade Garment Sector
No full textThe US has long been India’s most important market. No sector is likely to feel the blow as deeply as textiles and garment