Author: Tejaswini Kaushal

Algorithms, Biases, and the Constitution: A Threat to the Golden Triangle?

Tejaswini Kaushal

Tejaswini Kaushal During the August 2023 B20 Summit, Prime Minister Modi advocated for a global framework to address the ethical use of artificial intelligence. He urged the implementation of a legislation in India to counteract the concerns of algorithmic bias. This discourse on algorithmic bias, especially in the context of a diverse nation like India, Continue reading

Regulatory Sandboxes: Catalysts for FinTech Innovation in India

Anurag Katarki

Introduction The fintech revolution in India is the product of intentional regulatory innovation, with the regulatory sandbox concept at its core. This framework serves as a testing ground for financial products, fundamentally reshaping India’s financial ecosystem. A regulatory sandbox, in essence, constitutes a controlled environment wherein firms may evaluate novel financial products with actual consumers Continue reading

Enhancing Transparency and Stability: SEBI’s New Rules on Real-Time Price Data in India’s Securities Market

Aagman Srivastav

Securities and Exchange Board of India (“SEBI”) recent guidelines, issued on May 24, 2024, restrict the real-time dissemination of price data to third-party platforms in India’s securities market. Aimed at curbing misuse and ensuring market stability, these measures require stringent compliance from market intermediaries and Market Infrastructure Institutions (“MIIs”). The regulations balance innovation in financial technology with investor protection, mandating legal agreements and annual assessments for data sharing. By permitting delayed public access to price information for educational purposes, SEBI seeks to enhance transparency while deterring speculative activities. This regulatory framework underscores SEBI’s commitment to fostering a fair and secure securities market environment.

The Fandom Chronicles: An Analysis of the Copyright Conundrum in Fan-Fiction & Fan-Art

Aaditya Bajpai & Shreya Bajpai

Fan fiction and fan art have generated a symphony of creation that has peaked as a boisterous revolt. They have advanced from the underground to the front, establishing a parallel narrative universe that dances on the verge of mainstream awareness and irreversibly alters how narratives are communicated. As a result of the fact that they are theoretically based upon original works of art, fan-art and fan fiction are officially considered to be examples of derivative works. What exactly is the source of the problem? A problem occurs whenever there is a danger to the original author’s right to maintain their exclusivity. In line with the law of intellectual property rights, every artist is given protection for their work. This is the reason why fan fictions provide a significant challenge to the copyright characteristics of the original artwork. Fan fictions are considered secondary art, and as such, they present a significant risk of copyright infringement.

Rising Menace Of Space Debris: Understanding the International Legal Jurisprudence to Regulate Space Debris and Subsequent Challenges

Digvijay Singh

There has been immense technological development in the space sector in the past few decades, which has created a situation where the sustainability of the space sector is in question. Space preservation becomes even more pivotal as it is intrinsically linked with our future; hence, this paper aims to explore the intricate nuances of space exploration and the subsequent debris generated from it, the Indian perspective, and the role played by the international legal system. This paper also reflects the failure of international law and the means that could be employed to redress the issue. The paper also presents a point of view of the third-world economies and argues for not only a sustainable space but for a consensus where the management of space debris also allows for equality.

When the Spouse is Watching: Addressing the Illegality of Cyber-Stalking as a Means of Obtaining Evidence

Alka Nanda Mahapatra & Harshita Gupta

How wise is it to cherish the fruits of a poisoned tree? This question has been discussed in several criminal procedure and evidence-related cases in the past years. There have been numerous instances where incriminating evidence has been produced, yet it is not admitted because it was obtained illegally. The law, prima facie at least, appears to conform with the “fruits of the poisoned tree” doctrine and tainted evidence is usually not admitted, be it a case of police brutality or violation of the due process of law to obtain necessary evidence or confession to put anyone behind bars. 

However, a very peculiar exception to this general rule is emerging in the family courts where the spouse is allowed, if not encouraged, to obtain evidence by whatever means necessary. In this light, the authors argue that admitting evidence obtained through cyber-stalking encourages violation of the fundamental rights of the spouse and, therefore, must not be permitted.

Highlighting the Implicit Misogyny in Imposing the Death Penalty on Rapists, in Light of the Movie ‘Bulbul’

Vedant Saxena

Abstract Anvita Dutt’s ‘Bulbul’ has been hailed by many as a marvel of modern horror. It follows the woeful tale of a young girl, Bulbul, who, upon being subjected to heavy physical and sexual abuse, undergoes a supernatural transformation and exacts revenge upon the abusive men of her village. With the movie attaining its driving Continue reading

Healing the Health Insurance Sector in India

Dr. Amit Randev & Dr. Akanksha Pratik Sonker

Introduction The World Health Organization (“WHO”) defines health as a “state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.”[1] The provision of universal health insurance coverage as part of the provision of affordable healthcare is included in the Sustainable Development Goals (“SDGs”)[2] (SDG Target 3.8). In fact, Continue reading

The Resurgence of Inheritance Taxation in India Boon or Bane?

Jagyansh Kumar

Abstract The debate over reintroducing inheritance taxation in India has gained attention due to comments by Congress Overseas Chairman Sam Pitroda. This tax, known as the death levy, would be levied on the property inherited by legal successors. While it aims to reduce inequality and boost revenue, critics argue it may be a double burden. Continue reading