NUJS Journals West Bengal National University of Juridical Sciences
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THE CACOPHONY OF DATA – TRANSPARENCY VIS-À-VIS PROTECTION
Get PDFA cognizant question, that every day we are dealing in is – What kind of world we want to live in? not only asking but also, we are responsible to answer it. The idea of Data is presently a concoction of power and currency in along with knowledge as the material coherence is our aspirations. “…law has to mandatorily keep up with the changes happening in terms of technology ..” -Dr. Menaka Guruswamy, which primarily hints towards the provider and controller of the administer adjacency which includes big global giants (enterprises) including Alphabet Inc., Meta platforms, Inc. etc., who are further being addressed as “private bureaucrats” by Prof. Balkans.Law vests the power to regulate these invaluable, ambiguous and humongous resources, in an entirety with the executives more in a practical scenario as the makers of every term and condition that any application comes into play daily at a global level.On one hand out of the bunch of dormant information or data that is sitting in the cloud, being the constantly changing superfluous asset, with an exponential rise in complexities and lesser insight of effective usage by industry personnels that result in mayhem.According to lead executives of Accenture (MNC), CloudFirst Technology Pvt. Ltd., Trustpilot & StreetEasy – the whole idea to bridge a silo’ inside an organisation is all about creating window of data transparency which is the underlying fuel that makes run the entire organisation to an entire lifecycle view of product and its usage, that gives a clear and detailed view that benefits business, customer and general public.“…we lose the freedom to be human” – Tim cook, as he rightly stated being apprehensive about our fundamental freedom of speech and expressions, which is at stake, alongside raising turmoil of exclusive copyright, for which global software developers are concerned about its checks and balances
245TH LAW COMMISSION REPORT ON ARREARS AND BACKLOG: WELCOME STEP OR MISSED OPPORTUNITY
Get PDFDelay of justice is a deep and pervasive problem in India. India’s legal system
has the highest backlogged cases of any country in the world. The rot blights
both higher and the subordinate level judiciary. This, however, raises questions
on the guarantee of access to justice which is integral to the Constitution. The
245th Report of the Law Commission of India, which was published in July
2014, suggests a framework of intervention to get away with the delay courts in
India are beset with. The 245th Report is laudable in respects like that of
pitching for creation of additional judicial (wo)man power. However, in yet
many respects, the Report falls foul in that the Commission has missed an
opportunity to suggest broader and system wide reforms in tackling the rot.
For, the creation of additional judicial manpower alone, or for that matter, the
woman power as they call it, will not act as a solace to India’s judicial system
which is suffering from the huge backlog of cases. Outlining the constitutional
mandate of the access to justice, this paper critically evaluates the 245th Report
of the Law Commission. Besides, the paper is an attempt to identify some of the
other grey areas the Commission should have looked into in the Report but has
missed. As a corollary and in the context of those identified grey areas, the
paper offers suggestions as measures for a wider judicial reform vis-à-vis
delays and backlog
UNLOCKING INNOVATION IN RENEWABLE ENERGY: THE ROLE OF INTELLECTUAL PROPERTY IN ADVANCING SOLAR, WIND, AND BIOENERGY TECHNOLOGIES
Get PDFThe present research studies the important role that intellectual property may play in spurring innovation and growth in renewable energy sectors, including bioenergy, wind, & solar energy. In essence, this is to understand how IP regimes might foster technology development, attract investment, or address energy-related issues with a view to a global perspective. This study uses a multidisciplinary approach combining legal research, case studies, and empirical data to analyze the nexus between IP systems and renewable energy technologies. It explores patent trends, licensing practices, and how IP policies affect innovation. The research pointing that strong IP protection spurs innovation because inventors have financial incentives for inventions. Other challenges include cost implications of filing for patents, restrictive licensing, and unequal access to IP. This may affect the technology flow. Some proffered solutions include open-source models of IP and mechanisms for transferring or sharing technology. These findings stand to benefit policymakers and other stakeholders in informing what IP policies may be pursued-"balancing the dynamic between innovation and accessibility," toward a quickened transition to renewable energy across the world. It thereby contrasts the intertwining of intellectual property law with renewable technologies in the context of the scholarly and pragmatic dialogues surrounding sustainable development and energy innovation.
 
THE AI-COPYRIGHT CHALLENGE: AUTHORIAL, INFRINGING AND CULPABLE ATTRIBUTES OF AI MODELS
Get PDFThis research article examines the convergence of Artificial Intelligence and copyright law, with particular emphasis on the ramifications thereof on generative AI and text-data mining (TDM). The fundamental objective is to deliver a thorough descriptive, critical, and normative analysis of the intersection between these two domains. The research provides a comprehensive evaluation of legal difficulties by identifying probable grey areas within the current legal framework. The Gen-AI model poses copyright challenges at input and output stages. At the input stage issues that crop up relate as to how the copyright law treats the situation wherein prompts contain reference to copyright protected material; another concern is when copyright protected data is used to train the AI Model; further at the stage of execution, post prompt commands the AI model scanning huge data including copyrighted material and making copies; at what stage infringement occurs and who can be held liable; at the output stage wherein the process culminates into an art, who can be regarded as the author. Should the act of training the model with copyrighted material be exempted? Can the Model be held liable for infringing the material when producing copies? Can it be regarded as an author or joint author for that matter? These are some of the complex and intriguing questions that need urgent attention, arising in the contemporary technological environment at the very centre of which is the fact of AI Model using copyright protected material as a part of training process, wherefrom all the aforementioned issues arise. This paper also examines the practical and theoretical ramifications of these concerns, intending to guide both contemporary and future governance in India. The target audience comprises regulators, policymakers and scholars involved in AI and copyright law, as well as offering significant insights for legal professionals and intellectual property right owners adapting to the changing legal environment. The study aims to propose interpretations that significantly enhance current deliberations and policy debates in this swiftly evolving legal domain
Singing Bowl an unsung handicraft of Bankura, West Bengal, India
Get PDFBankura district has long cultural heritage in making of beautiful and world-famous handicrafts. Terracotta, Dokra, Stone Curving, Wood Curving, Weaving is few examples among them. But besides these well-known handicrafts, ‘Singing Bowl’ remains unsung to everybody. It is an outstanding handicraft making of alloy at various places of this district and the state of West Bengal. This bowl can have made from bell and brass metal.
In the past, these bowls were use in worships of God, for holistic rituals, and domestic use. But presently this bowl is using in medical sound therapy and music. For the sound therapy and sound healing this bowl become an international interest of trade.
The study shows that, in Pukhuria moza of Simlapal block, Bankura District currently around 250 households engaged in making of Singing Bowl. The artisans have to work hard throughout the year to meet the ever-increasing global needs but their economic condition remains unsatisfactory.
Therefore, in this work we are trying to understand the making and marketing process of the singing bowl, economic dichotomies between artisans and traders and also to find a sustainable way to attain the sustainable livelihood for all
RIGHT TO PRIVACY IN DIGITAL ERA IN BALANCING SECURITIES AND INDIVIDUAL LIBERTIES
Get PDFIn the digital age, the right to privacy has become a major and divisive topic in current legal and social debates. The extraordinary advancement of digital technology has revolutionised the accumulation, storage, and utilisation of personal data, frequently testing the limits of individual privacy. Concurrently, apprehensions regarding national security, cybercrime, and terrorism have prompted governments and organisations to adopt comprehensive surveillance techniques and data- gathering practices, engendering a precarious balance between safeguarding public security and preserving individual liberties.
The digital age presents a dual challenge: protecting privacy rights while fulfilling the legitimate demand for security in a connected world. Advanced digital innovations offer tremendous possibilities for progress, yet they also spark serious concerns about potential misuse, mishandling of personal records, and heightened surveillance capabilities.
This situation highlights the intricate relationship between privacy and security, especially as governments and corporations traverse the legal and ethical limits of personal data utilisation
HARNESSING THE POWER OF DATA ANALYTICS IN THE FIELD OF ENVIRONMENTAL LAW
Get PDFThe intersection of environmental law and data analytics presents a transformative opportunity to revolutionize the way we understand, address, and mitigate environmental challenges. By leveraging advanced data analysis techniques, including machine learning, geographic information systems, and data visualization, environmental law practitioners can unlock new insights, optimize compliance, and drive more effective policy outcomes. This paper explores the emerging field of Environmental Law and Data Analytics, highlighting its potential to enhance enforcement, inform policy decisions, and promote sustainability. The advanced analytics and its application to environmental regulations, compliance, and enforcement is further studied. Through case studies and expert analysis, the demonstration on how data-driven approaches can strengthen environmental governance, improve public engagement, and ultimately protect the planet for future generations is examined. Environmental law and data analytics are increasingly intersecting in ways that could transform how we address ecological challenges. The paper also considers the legal and ethical implications of these new data-centric methods, including privacy concerns and questions of data ownership. We argue that while data analytics offers powerful new tools for environmental protection, thoughtful governance frameworks are needed to ensure these technologies are used responsibly and equitably. By bringing together insights from environmental science, law, and data science, this interdisciplinary analysis aims to spark discussion on how we can harness the power of data to create more effective and adaptive environmental regulations for the 21st century
A COMPARATIVE ANALYSIS OF THE RIGHT TO BE FORGOTTEN IN EUROPE AND INDIA
Get PDFThe Right to Be Forgotten has become a important feature of digital privacy law which shows the growing necessity to manage the challenges which is created by internet’s expansive reach. Right To Be Forgotten gives the individuals the ability to request to remove the personal information that may negatively impact their character or struggling to balance privacy concerns with Freedom of Expression. In Europe, The Right To Be Forgotten is strongly established and specifically following the implementation of the General Data Protection Regulation (GDPR) and the leading judgement Google Spain SL v. Agencia Española de Protección de Datos (AEPD) and Mario Costeja Gonzalez. This basic structure offers clear guidance on how to adapt the right to privacy with public interest consideration and emphasis context specific adjudication. In India, the approach to Right to Be Forgotten is still in its developmental stage. Although, Indian courts has given reference of Right to Be Forgotten in certain cases and it has been included in draft data protection legislation, the State is in lack of the comprehensive legislative framework similar to the General Data Protection Regulation (GDPR). Indian jurisprudence has started to recognise the Right to Be Forgotten particularly in cases which are concerning the protection of sexual offence victims and individuals who are acquitted for their crimes but inconsistent enforcement preserve due to the absence of a central regulatory authority. The comparative analysis argues for the formal adoption and implementation of Right to Be Forgotten within India and advocating for a legal structure that effectively balances the right to privacy with free speech. The analysis which enhance the necessity for strong data protection policies to secure individual privacy in this digital world
LEGITIMACY CRISIS IN INVESTOR – STATE INTERNATIONAL ARBITRATION SYSTEM: A CRITIQUE ON THE SUGGESTED SOLUTIONS& THE PROPOSAL ON THE WAY FORWARD
Get PDFIn recent years, investor – state arbitration system (ISA) has
received a lot of attention and criticism in academic
writings. A section of stakeholders have labeled this system
as machinery for advancing foreign investors interests at the
expense of the host state interests. It is contended that the
system is overshadowed with flaws and lacks the necessary
values of a legitimate adjudicative system. The often cited
flaws in the system includes: lack of mechanism to avoid
inconsistent decisions, lack of rules to ensure impartial and
independent adjudication process, confidentiality of
proceedings despite the fact that the disputes are public in
nature and expensive adjudication process. Furthermore the
system is condemned for encroaching on governments’
regulatory powers.
In the efforts to remedy the situation, a number of solutions
have been suggested by different stakeholders.The most cited
solutions include; consolidation of related disputes; invoking
res judicata and lispendens principles; use of mediation /
conciliation technique; adopting the margin of appreciation
standard in interpretation of BITs and creating an appellate
structure at ICSID. Another suggestion has been creating a
standing international investment court.
The purpose of this article therefore is to make a critical
analysis of the solutions suggested. The main objective is to
find out whether the suggested solutions are strong enough
and capable of addressing all flaws in the ISA system. To get
a satisfying answer to this question the article proceeds by
looking at the strengths of each suggested solution and
identify the possible weaknesses which befalls them.
In the last part the article proposes its own
recommendations. It is concluded that in order to serve the
system from collapsing, establishing a single permanent
court with permanent members stands out to be the panacea
to all legitimacy issues haunting investor – state arbitration
system