Thursday, May 26, 2022

The Promise of Machine Learning For the Courts in India

- Sandeep Bhupatiraju, Daniel L. Chen & Shareen Joshi Artificial Intelligence and Machine Learning offer new opportunities for improving the decision-making capacity and productivity of the Indian judiciary. First, algorithmic analysis of legal data can provide human decision-makers with timely alerts of biases at critical decision-making moments, and also propose...

Counterproductive Regulation of Assisted Reproductive Technologies: A Review of the Assisted Reproductive Technologies Bill, 2020

- Prabha Kotiswaran and Sneha Banerjee This article critically engages with the Assisted Reproductive Technologies (Regulation) Bill, 2020 (‘ART Bill 2020’), which is set to draw curtains on a regulatory journey of more than a decade and a half to culminate in a highly restrictive approach. Engaging with the provisions...

Separating Crime From Punishment: What India’s Prisons Might Tell Us About Its Criminal Process

- Abhinav Sekhri Since the 1980s, the judiciary has perceived prisons in India as a site of rehabilitation and has focused on addressing prison reform through piecemeal managerial directives. Simultaneously, the criminal process has steadily incarcerated more persons as undertrials. Worryingly, these trends have been progressively worsening for the last...

Local Governance, National Agendas, And Transnational Corporations: India’s 100 Smart Cities Mission

- Mariana Valverde, Bethamehi Joy Syiem, Shivangi Mishra and Prasad Khanolkar The implementation of the Modi government’s ‘100 Smart Cities Mission’ was well behind schedule even before the COVID-19 pandemic hit; so proper evaluation of the actual results awaits future researchers. However, the national plan, as well as the information...

A Case For Different Standards in Age Determination Proceedings

-Shivani Misra, Dr. Anup Surendranath Introduction Age is an important indicator of criminal liability in cases that involve children in conflict with law and minor victims. It determines the mode of trial and the quantum of punishment. For a person accused of an offence against a minor, the age of the...

The Law of Constitutional Characterization

– Laurence Claus Independent courts express what is law, but cannot enforce their judgments. When announcing limits on what those in power can do, constitutional courts have cause to give the most convincing reasons they can for those in power to defer to the courts’ judgments. Where a written constitution has...

The Path To Recognition of Data Protection in India: The Role Of The GDPR and International Standards

The esteemed author is a Professor of Law, Vrije Universiteit Brussel (VUB) and Co-Director, Brussels Privacy Hub,Brussels, Belgium. The author is grateful to the editors and the anonymous reviewers for theirhelpful comments.

Counterproductive Regulation of Assisted Reproductive Technologies: A Review of the Assisted Reproductive Technologies Bill, 2020

– Prabha Kotiswaran* and Sneha Banerjee** Abstract This article critically engages with the Assisted Reproductive Technologies (Regulation) Bill, 2020 (ART Bill 2020) which is set to draw curtains on a regulatory journey of more than a decade and a half to culminate in a highly restrictive approach. Engaging with the provisions of...

And Then There Were None…The Dismantling of the Appellate Body and the Future of International Trade Dispute Settlement

-Moushami Joshi*   The World Trade Organization is facing a deep institutional crisis. Its appeal’s court and crown jewel—the Appellate Body—has been rendered inoperable as a result of U.S. objections to appointments of members (or judges) that hear disputes. Objections to appointments has meant that retiring Appellate Body members have not...

Child Witness: Countering Vulnerability by Relaxing Rules

-Pallavi Agarwal* Introduction Reports of child sexual abuse and cyber-crimes have become a regular sight in the contemporary times. It is these cases which encounter the...

Legislative Critique on the DNA Technology Bill, 2019: Preventing Bodily Incursion and Parliamentary Excursion

– Ishita Soni* An individual’s DNA (deoxyribonucleic acid) can be collected from human cells emanating through bodily substances such as saliva, blood, nail clippings, and hair...

The (Mis)Application of the Group of Companies Doctrine in India

– Soumil Jhanwar Introduction The applicability of the ‘Group of Companies’ doctrine under the Indian Arbitration Act, 1996 was affirmed in the (in)famous Chloro Controls...

Reflections on International Human Rights Litigation and Climate Change

– Pranav Ganesan* Abstract: In this article, I reflect on the challenges and prospects of litigating insufficient climate action by States using international human rights law,...

Federal tensions in India’s COVID-19 response: The case of the many Epidemic Acts

-Kevin James and Akshat Agarwal* The colonial-era Epidemic Diseases Act, 1897 (EDA) played a big part in the Indian response to the ongoing Covid-19 pandemic....

The Curious Case of Derivative Action Arbitrations in India

- Ameya Vikram Mishra* and Satya Jha** The general rule recognised across jurisdictionsis that if a wrong is alleged to be committed against a company,...

Questioning the Standard of Judicial Review in the Maratha Reservation Judgement

– Ishika Garg Introduction The Supreme Court struck down the Maharashtra State Reservation (of seats in educational institutions in the state and for appointments in public service...

Data Portability as a Competition policy tool for Social Media Platforms

- Ankit Kapoor The last decade has seen global regulatory intervention against the anti-competitive conduct of dominant social media platforms, particularly Facebook. Recognizing the immense...

The Need for the Empirical Determination of Games of Chance and Skill

Recently, a Division Bench of the Bombay High Court sought a reply from the State authorities on the allegation that a game application called Ludo Supreme was engaged in gambling activities. The author posits an argument that there must be an objective measure to analyse whether the outcome of a game depends predominantly on chance or skill.