NUJS Journals West Bengal National University of Juridical Sciences
Not a member yet
453 research outputs found
Sort by
PRIVACY CONCERNS IN CBDC: A CASE STUDY INTO DIGITAL RUPEE
Get PDF"Arguing that you don’t care about the right to privacy because you have nothing to hide is no different than saying you don’t care about free speech because you have nothing to say."– Edward SnowdenOn October 7, 2023, the Reserve Bank of India came out with a concept note on Central Bank digital currency (Hereinafter referred as CBDC) for India. For a long time, printed money has been the predominant medium of currency exchange but now technology has made it possible to exchange money digitally. In such transactions, instead of using physical money, a digital value of money is transferred, with records kept by the banks. The latest addition to the world of online payment, CBDC, is a tokenised version of the physical banknote, which can be transferred from one party to another without any interference or participation from intermediaries like banks or other payment system operators. CBDCs are the government's attempt to counter private cryptocurrencies, which are gradually becoming popular among users. It brings a state-issued cryptocurrency that provides most of the advantages of a private cryptocurrency while still retaining the control in the hands of the government. However, just like a coin having two faces, this new introduction to the financial machinery of a State comes with its share of problems and concerns. One of the chief concerns revolving around CBDC is users' privacy. No user ever wants to use a system that poses privacy or confidentiality concerns, regardless of the transaction medium. CBDC, with its unique features, accentuates these risks to a level never seen before. There are two aspects to privacy concerns regarding CBDC. One relates to the government’s direct access to the data relating to users' spending patterns. The other relates to the actual security of the infrastructure and the data of the users that will be collected to facilitate CBDC in a country. Thus, in a world of increasing privacy concerns, it is vital to look at the design of the Indian CBDC, Digital Rupee, that the RBI plans to roll out and how it incorporates user privacy. This paper attempts to explore these aspects of the Digital Rupee and figure out the potential risks and various ways of mitigating them
Two Manuals, One Domain: A Closer Look at the Divergences and Inclusivity in Space Security Law
Get PDFThis short analysis takes a closer look at the ideologies, deliberative processes and content of McGill Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS project or McGill Manual) and the Woomera Manual on the International Law of Military Space Activities and Operations (Woomera Manual). After succinctly elucidating their divergences, it critically comments on the lack of inclusivity, specifically regarding consequential inputs the Global South, in their consultation and drafting exercises
IS A JUDICIAL APPOINTMENTS COMMISSION VIOLATIVE OF THE BASIC STRUCTURE OF THE CONSTITUTION OF INDIA ?
Get PDFThe 121st Constitutional Amendment seeks to scrap the collegiums
system of judicial appointments and the National Judicial
Appointments Commission Act establishes a commission featuring
representatives from both the executive and the judiciary to appoint
judges to the higher judiciary. Critics have already labelled the Acts
as violative of the independence of the judiciary which is part of the
basic structure of the Constitution. This Article attempts to examine
whether the Acts actually violate the basic structure of the
Constitution. I begin with a conceptual understanding of judicial
independence in Indian as well as international context. Thereafter,
the Article critically analyzes the provisions of the Acts with respect to
the various tests propounded by the Supreme Court to determine the
content of basic features. The Article concludes that the present Acts
might be prone to constitutional invalidity. However, the very concept
of a commission does not violate the basic structure as it is in
consonance with the principle of checks and balances and supplies
much needed accountability in the appointment scheme
IMPACT OF CLIMATE CHANGE ON SUSTAINABLE LIVELIHOOD AMONG PVTGS OF WEST BENGAL: A CASE STUDY OF LODHA AND BIRHOR
Get PDFClimate change significantly threatens the sustainable livelihood of Particularly Vulnerable Tribal Groups (PVTGs) in South Bengal. The Lodha and Birhor are two PVTG in South Bengal. These communities, who are deeply intertwined with natural resources and traditional practices, are particularly susceptible to the adverse effects of climate variability and change. Erratic rainfall patterns disrupt agricultural cycles, leading to unpredictable crop yields and soil degradation. This instability undermines food security and economic stability, as agriculture remains a primary livelihood source for these groups. This study explores how alterations in climate patterns, such as rising temperatures, erratic rainfall, and increased frequency of extreme weather events, are impacting the agricultural practices, water resources, and overall socio-economic stability of these communities. This paper’s one of the aims is to identify the relationship between forest and the indigenous people (PVTG) due to climate change. The study deals with socio-economic activities of the PVTG have to survive themselves on the basis of changing climate. This article also highlights about a comprehensive understanding of the challenges faced by the community during lean periods and second part indicates that climate change exacerbates existing vulnerabilities, leading to severe consequences such as decreased agricultural productivity, heightened food insecurity, and forced migration. These changes threaten the traditional knowledge systems and cultural heritage of the PVTGs, making them further marginalized. Lastly the authors highlight the urgent need for tailored adaptive strategies to mitigate the adverse impacts of climate change on PVTGs in South Bengal. By addressing both the environmental and socio-economic dimensions of vulnerability, it is possible to enhance the resilience and sustainability of these marginalized communities in the face of a changing climate
SEPARATION OF POWERS, WITHIN AND WITHOUT: TWO ISSUES EMERGING FROM SETTLEMENT AND COMPOUNDING IN THE SEBI FRAMEWORK
Get PDFSecurities regulation is an atypical theater for debates on separation of powers, often understood to be a preserve of constitutional law. Yet, ‘agencies’ or specialized bodies for the regulation of the securities market hold a formidable mix of legislative, administrative and quasi-judicial powers that have a direct impact on commercial activity in society. This makes it vital to check the functioning of these agencies for adherence to principles geared towards ensuring a non-tyrannical and reasonably accountable exercise of governmental powers- a prominent example of which is the separation of these powers among different bodies or departments ofbodies. This imperative gains particular significance in areas of activity that are highly dependent on the ‘discretion’ of expert bodies, as opposed to a direct application of legislation. In a system faced with high levels of case pendency and blocked funds due to delays inadjudication, processes of compounding and settlement offer examples of precisely such agency ‘discretion’-driven processes, which are not only practically relevant to the efficient everyday functioning of commercial entities in India today but also involve the exercise of a complex mix of administrative and quasi-judicial, and occasionally legislative, powers by the Securities and Exchange Board of India (SEBI).
Bringing together these two strands- the abstract principle of the separation of powers and the practical functioning of the compounding and settlement processes in the SEBI framework- this essay shall assess the latter for conformity with the former. Finding the absence of such conformity in recent developments in the area, the essay shall show that the lack of adherence tothe separation of powers in these processes results in the blurring of incentives for commercial entities seeking out-of-court alternatives to long-drawn litigation against the securities regulator. This has an overall deleterious effect on the objectives of securities regulation, making it less certain and more risk-laden than envisaged by the text of the law. More broadly therefore, this essay shall advocate for a stricter adherence to the principle of separation of powers, both within SEBI and between other governmental authorities and SEBI, to create fertile grounds for its most efficient functioning
INTERNET FREEDOM: A 21ST-CENTURY HUMAN RIGHT
Get PDFIn 2016, the UN General Assembly passed a resolution regarding “The Promotion, Protection, and Enjoyment of Human Rights on the Internet,” which stated that “the same rights that people have offline must also be protected online.” The Internet is a powerful tool that provides people with a platform for learning, trading, communication, and more. It is no longer a luxury but an essential means to realizing socio-economic and other human rights. Internet access should be considered a basic entitlement because people need it to live a minimally decent life. Accepting this idea changes how we see the Internet from merely a technology to a basic right. Internet freedom is not merely an enabler of human rights in today’s digital world but must be recognised as a distinct human right. Despite its merits, Internet technology is a potential tool in the hands of the state for oppression if used for harmful purposes, such as surveillance and data interception. All of this together creates a conflict between Internet freedom, privacy, and security. The protection of freedom of Internet access can be realised by recognising it as a human right.
This paper explores the importance of access to the Internet, emphasising that its recognition as a human right is essential for the realisation of other rights. It also highlights that access to the Internet requires protection beyond what traditional approaches to freedom of expression can provide, and this protection can only be granted by recognising it as a human right in its own right
DEMYSTIFYING THE TERM HUMAN TRAFFICKING: INTERNATIONAL LAW AND MUNICIPAL INCORPORATION
Get PDFOne of the significant development on the issue of combating human
trafficking in last few decades was adoption of Trafficking Protocol and
arriving at universally accepted definition of the term. Different jurisdictions
of the world adopted this definition by incorporating within municipal
instruments. India, too incorporated this definition within our penal statute
with minor variations. However, such minor change in the definition will
have a major impact on addressing the issue of human trafficking. This paper
tried to explore the concepts of trafficking and attempted to explain all its
components. It also critically evaluates legislations and incorporation of the
definition. Researcher argues that omission on the part of the legislature to
incorporate comprehensive definition will violate not only international law
but also have an adverse impact on combating trafficking in India
Evaluating India's Police Accountability Framework: Internal and External Mechanisms
Get PDFThis paper examines the dual framework of police accountability in India, focusing on internal and external mechanisms designed to address misconduct, corruption, and misuse of power within law enforcement agencies. The study begins by exploring the historical roots of India’s police system under the Indian Police Act of 1861 and the colonial structures that have shaped contemporary practices. It then analyzes the effectiveness of internal accountability by analyzing provisions of Indian Police Act 1861. The paper further explores external mechanisms—including judicial oversight, the role of non-governmental organizations (NGOs), human rights commissions, and media influence—that aim to ensure police accountability to the public.
Despite the existence of these mechanisms, challenges persist, including political interference, limited resources, and public distrust. Drawing on recent data and case studies, this paper highlights the urgent need for reform to enhance transparency and autonomy within the police force while ensuring accountability through strengthened oversight structure
[IN] ADEQUACY OF THE DPDP ACT VIS-À-VIS RIGHT TO PRIVACY AT WORKPLACE
Get PDFThe world is witnessing a digital revolution. Algorithms are steadily sneaking into all aspects of our lives influencing our day to day affairs. The steady increase in datafication of the small mundane realities of life makes one fear about the rise of surveillance not only by the state but private entities as well. In India, though the Puttaswamy Judgment recognised the right to privacy particularly informational privacy as part of Article 21, the enforcement of the Digital Personal Data Protection Act [“DPDP Act” or “the Act”] is still awaited. The DPDP Act, as per its Preamble tries to strike a balance between the right to privacy and the right to process data. However, the Act does not define ‘privacy’. This raises the suspicion- whether the act is adequately equipped to protect privacy? India’s privacy framework will be applicable on myriad sectors such as healthcare, digital governance, compliance by corporate houses et cetera. This paper is an attempt to investigate into the aspect of how far the DPDP secures the right to privacy especially informational privacy at workplace. This investigation is significant not only in the background of rise in the use of monitoring tools but also because of skewed employee-employer power dynamic. This paper tries to understand the potency of the Indian data protection law in the background of employee privacy by firstly understanding various provisions that affect privacy at workplace in general and thereafter shift the focus to Section 7(i) of the Act. We delve into the history of the provision in this regard and do a comparative analysis with the similarly placed provision in the General Data Protection Regulation and Personal Data Protection Act, Singapore. Thereafter,we shall offer some suggestions on how data privacy can be better protected at workplace by making suitable amendments to the certain provisions in the Act and thereafter provide a conclusion
AN ANALYSIS OF THE EFFECTIVENESS OF INDIAN DATA PROTECTION LAW IN SAFEGUARDING HEALTHCARE DATA
Get PDFThe Indian healthcare sector is on a trajectory to become a USD 50 billion industry by 2025, driven by advancements in digital innovations such as telemedicine, medtech, and artificial intelligence. While these technologies significantly enhance healthcare management and are necessary for medical research, they also introduce critical concerns regarding patient data privacy. The increasing involvement of for-profit companies in acquiring large healthcare databases presents new challenges in safeguarding patient confidentiality and raises ethical issues regarding the commercialization of sensitive data. Healthcare data has become a gold mine for big data companies, serving as the cornerstone of the P4 (predictive, preventive, personalized, participatory) medicine model. Recognizing that breaches in data confidentiality can expose millions of patients to potential exploitation is vital for framing effective governance rules. This paper aims to analyze the capacity of Indian laws to deal with current patient data protection challenges. The paper delves into the practical and ethical concerns, specifically related to the harvesting and analysis of anonymized data and the misuse of consent, emphasizing the need for patients to maintain control over the use of their electronic health data at every level. It further discusses the proliferation of Internet of Healthcare Things (IoHT)-based medical devices and wearables as a significant compliance challenge. Lastly, this research offers recommendations for the development of a regulatory framework that balances the benefits of data utilization with the imperative of protecting patient privacy