NUJS Journals West Bengal National University of Juridical Sciences
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An Analysis of Post-Modern Free Expression: A Philosophical Argument for Press Freedom in India in the era of Digital Revolution.
Get PDFThe discourse on press freedom in the context of post-modern free expression, particularly within the digital revolution era in India, is multifaceted. The philosophical argument for press freedom is grounded in the democratic imperative that a free press serves as a check on power and a means of ensuring horizontal accountability. This is further complicated by the technological transformations brought about by digitalization and convergence, which have altered the press's traditional role and regulatory environment . Contradictions arise when considering the normative justifications for press freedom. While some argue that press freedom should be seen as a negative liberty, free from regulation , others highlight the need for a fair value of communicative liberties, suggesting that media institutions should contribute to both individual self-determination and collective self-government In the Indian context, the principle of journalistic freedom is challenged by media polarization and the shifting allegiances of media organizations, reflecting a complex interplay of political, economic, and societal factors . In summary, the philosophical argument for press freedom in India during the digital revolution must reconcile the traditional democratic role of the press with the realities of a rapidly changing technological and regulatory landscape . It must also address the practical challenges faced by the media in maintaining independence and serving the public good amidst political and market pressures . The analysis suggests that a nuanced approach is required, one that respects the foundational principles of free expression while adapting to the contemporary context of digital media and its attendant complexities
AN INCONVENIENT TRUTH FOR INTERNATIONAL TRADE: THE BHOPAL CASE REVISITED, THE CONTRIBUTION FROM INDIA TO INTERNATIONAL PRIVATE LAW
Get PDFThis paper primarily analyses the contribution of the Indian legal system for international law and the doctrine of forum non conveniens, which is a piece of American legislation mostly utilised to fend off accountability of faulty management governance from American companies. We look into the historical background of multilateral organisations, the Indian legislation to remediate the unfairness to the local communities affected by the Bhopal disaster, and particularly to the lawsuit brought in the Southern District of New York by the government of India to explain the legal argument of this doctrine applied to transnational lawsuits. We conclude that the doctrine of forum non conveniens is a judicial retrogression for legal remedies involving the protection of the national and international environment, local ecosystems, human health and the unborn. As a result, Bhopal local communities experienced injustice, inequality and health insecurity in a century of sustainable practices thus far. The Bhopal tragedy and that dismissed transnational litigation in the American jurisdiction illustrated that we all have a fiduciary and custodianship role to secure health and environment safety for future generations. Thus, we argue that the doctrine of forum non conveniens may have no place in the present times of transnational corporate liability and misconduct against the local and global environment. The Indian government being defeated by a defunct doctrine in the mid-80s illustrates forum non conveniens as a doctrine of anachronistic nature in the times of climate change
DISSENTING JUDGEMENT OF JUSTICE PAL AND ITS ENDURANCE IN PRESENT-DAY
Get PDFThe essay is centred around the dissenting opinion ofJustice Radha Binod Pal during the Tokyo Trials and its relevance to International Law. Being an Indian jurist, he challenged the legitimacy and fairness of the tribunal. He critiqued the concept of “Victor's Justice” and the selective prosecution of Japanese leaders while safeguarding the allied power for the same actions. It raised critical questions about impartiality and retroactive justice. Justice Pal emphasised adherence to the principle of legality (nullum crimen sine lege) and cautioned against the political manipulation of international tribunals. This dissent has since been foundational in discussions on judicial independence, fair prosecution standards, and universal justice, influencing later international legal frameworks. Justice Pal’s dissent in Japan is seen as a defence against victor-imposed narratives, reflecting a legacy of advocating for equality in global justice practices
TRADITIONAL KNOWLEDGE AND ITS CONTRIBUTION TO PROMOTE COUNTRY’S ART AND CULTURE: WITH SPECIAL REFERENCE TO WEST BENGAL
Get PDFAbstract: West Bengal as well as India is rich in culture and home of many indigenous communities. Indigenous communities hold some traditional practices and the products of the practices are made with natural resources which is nevertheless to say environment friendly and sustainable. These products and art forms which are results of traditional knowledge represents India’s art and culture. Traditional knowledge has a role to play in promoting India’s art and culture because most of the traditional art forms including crafts, music, dance forms are traditional practices of a community, to be specific Indigenous community and India is the home of many tribes and indigenous communities. These traditional practices if safe guarded in a proper mechanism can play a pivotal role in promoting country’s art and culture. Adoption of TRIPS agreement in 1995 made a big change in IP framework and other legislative initiatives in India in order to fulfil the obligations undertaken at the global multilateral bodies. The Indian IP framework had to be suitably amended to harmonize it with the new TRIPS provisions. The immediate effect of TRIPS was in India, the amendment of the Patents Act, 1970. Yet the protection of this traditional knowledge in India is not prominent, there is lack of proper protection mechanisms. If it is not protected now then the country may lose some of its important traditional knowledge and traditional cultural expressions. India as well as West Bengal is rich in its inherent culture and home of many indigenous tribes. These tribes are sometimes referred as PVTGs i.e., particularly vulnerable tribes and they are the direct stake holders of traditional knowledge. Lodha, sobor and Birhor tribes are generally found in West Bengal mainly in the districts of Purulia, Bankura, Paschim Medinipur, Alipurduar and Jhargram. The study focuses on to the various aspects of traditional knowledge protection and its connection with country’s art and culture along with a study on traditional knowledge in West Bengal.
Keywords: traditional knowledge, traditional cultural expression, protection, patent, indigenou
DATA HARVESTING IN THE HEALTHCARE INDUSTRY: AN INTERSECTION OF “TELEMEDICINE CONSULTATION” AND DIGITAL PERSONAL DATA PROTECTION ACT, 2023
Get PDFIn the realm of scientific innovation, the progression of new inventions invariably hinges upon the acquisition of specific datasets, as technological advancements are intricately intertwined with the availability of data. Particularly within the domain of medical healthcare, profound strides have been accomplished through the utilization of data-driven methodologies. However, it is imperative to acknowledge the array of concerns that accompany the practice of Data Harvesting. This research paper meticulously enumerates these concerns while concurrently expounding upon the legal frameworks that govern the process of Data Harvesting, with a distinct focus on data obtained within the telemedicine spectrum given under the Telemedicine Practice Guidelines of 2020. Notably, the focal point rests upon the Digital Data Protection Act of 2023, a legislative measure that delineates the parameters dictating the storage and utilization of data by both Data Fiduciaries and affiliated third-party service providers. Further, central to this paper's discourse is the dual emphasis on the potential of leveraging data to propel medical progress, while simultaneously safeguarding the inviolable privacy rights accorded to patients. To sum up, this paper highlights how medical progress and data work together, emphasizing the importance of protecting patients' privacy. The study endeavors to forge new pathways for responsible data utilization keeping ethical considerations at the affront
BALANCING INNOVATION WITH INTEGRITY: ETHICAL AND SOCIAL DIMENSIONS OF AI IN BLACK BOX MEDICINE
Get PDFPersonalised medicine using advanced AI systems brings many benefits and significant challenges, mainly related to explainability. These AI systems, often called “Black-box” systems, make decisions without clear, understandable reasons. This lack of interpretability conflicts with the moral responsibilities of medical professionals, who must base decisions on rational, understandable criteria to maintain patient trust. The trade-off between the high predictive power of deep learning models and their lack of transparency poses a critical dilemma in clinical settings. Explainability in AI is crucial for several reasons in medicine. It ensures treatments are safe and effective, helps doctors trust and use AI recommendations, can uncover new medical insights, supports patient understanding and consent, and is essential for making well-informed decisions in serious medical situations. Algorithmic bias further complicates the implementation of Black-box medicine. If the data used to train these systems is flawed or biased, the AI’s results will also be biased, leading to unfair and inaccurate medical decisions. Bias can come from various sources, like historical inequalities or the underrepresentation of certain groups in the data. This can lead to AI systems that do not work well for everyone, especially minorities or marginalised groups. To address this, we need better data practices and regular checks for bias. Further, ensuring equitable access to AI-driven healthcare solutions is critical. Disparities in technology and healthcare infrastructure access between developed and developing nations and urban and rural areas must be addressed to prevent increasing healthcare inequalities. While AI in medicine has great potential, we need to tackle the issues of explainability, bias, and access to ensure it is used responsibly and fairly in healthcare
INVENTOR RIGHTS UNDER INDIAN PATENT LAW: A FOCUS ON THE 2024 AMENDMENTS
Get PDFThe latest development in Indian patent law is the Indian Patent (Amendment) Rules 2024, recently issued by the government, which introduces several significant changes. One of the most notable is the introduction of the Certificate of Inventorship. This paper aims to explore the evolution of inventor rights in India, evaluating the progression from earlier legislation to the present. A key focus of this study is the newly introduced Certificate of Inventorship, which represents a substantial shift in how inventors are recognized and credited for their contributions. Inventors, MSMEs, and investors are the major stakeholders benefiting from this amendment, as it provides official recognition for their new and innovative ideas, acknowledging their invaluable contributions to the intellectual landscape. The paper seeks to assess whether this amendment aligns with the IP laws of the USA, the highest-ranked country in the International Intellectual Property Index. Additionally, this study aims to determine whether the 2024 amendments enhance India's standing in the global intellectual property landscape. Lastly, the paper examines the consequences of these changes, assessing their relevance within the broader scope of Indian patent law and their potential influence on the innovation landscape in India
Developing Principles of Corporate Human Rights Due Diligence for Outer Space Use and Exploration: A Critical Evaluation
Get PDFCorporations are predicted to dominate outer space use and exploration for the foreseeable future. With tentative plans in development for humans to live and work permanently on celestial bodies, what responsibilities will corporations have to observe human rights? It is thought that reform of outer space law is needed to embrace non-state actors to not only delineate their precise legal status but also their rights and responsibilities in outer space. Not only would this pronouncement of rights and responsibilities provide transparency and certainty for corporations but also for ‘humankind’ as business enterprises such as SpaceX, Blue Origin and the Sierra Nevada Corporation endeavour to make the first leap to establish human communities on celestial bodies. This article will consider the extent to which corporations will need to embed human rights due diligence in their activities on celestial bodies and what measures they will need to adopt to assess, mitigate and remediate human rights violations. Scholars’ confusion surrounding the interpretation of due diligence in the UN Guiding Principles on Business and Human Rights will be considered with the aim of proposing what standard of conduct will satisfactorily meet the ‘responsibility to protect’ threshold for corporations in outer space
A TRANSFORMATIONAL APPROACH TOWARDS COLLATERIZATION OF INTELLECTUAL PROPERTY
Get PDFAlmost everyone is familiar with the mortgaging of immoveable property under the Transfer of Property Act and also with pledge and hypothecation of movables but Collaterization of Intellectual Property Rights is a seed which yet to germinate in its full capacity. The author in this Article has therefore dealt with the Collaterization of Intellectual Property Rights delving upon its benefits and challenges. One of the ways of IP financing is through IP backed loans which can be very beneficial for Big Companies which have different Intellectual Property as their assets but there are many challenges faced by Companies in this process of Collaterization primarily being that of Valuation of the IP asset. Lack of expertise in this field like lack of experts in IP Valuation in India poses a major problem. Consequently, if the asset is not valued properly and not given appropriate rating by the Credit rating agencies then investors would be reluctant in investing in such assets of the Intellect.
Law in India relating to IP Collaterization is in a nascent stage of development as compared to the law in US, Singapore, Malaysia and Indonesia. In India, though various statutes do make a passing reference to Collaterization of Intellectual Property like the SARFAESI Act, 2002, the Companies Act, 2013 but none of the statutes deal with the intricacies of the subject. In this realm the researcher has mainly focused on the following research questions:
What are the challenges faced in the process of IPR Collaterization in India?
What is the Regulatory framework regarding IPR Collaterization?
How has the other jurisdictions dealt with the same?
Keywords: Intellectual Property, Collaterization, Securitization, challenges, Regulatory framework