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LONG ARTICLE – BRIDGING THE CHASM: AN ASSESSMENT OF IMPLEMENTATION GAPS, INSTITUTIONAL ACCOUNTABILITY, AND STATE RESPONSES UNDER INDIA’S POSH ACT

This long article is written by Karuna Kaushik, a postgraduate in Political Science from IGNOU and UGC NET qualifier in the same subject, the author is a freelance creative and academic content writer with an experience of about 10 years in the writing field, also having worked with organisations like Drishti IAS and GS Score, New Delhi. Currently, the author is pursuing MA History from IGNOU.

ABSTRACT

Following the Supreme Court of India’s Vishaka guidelines judgment of 1997, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) became a landmark social legislation to ensure constitutional rights of women to equality, dignity, and safe working conditions. This paper attempts to trace the journey, efficiency, challenges, and loopholes of the Act, and suggest measures for its effective implementation in the future. The paper follows a case-by-case journey approach to illustrate these points. This paper is, therefore, a critical examination of the implementational deficit of the POSH Act.

It underlines the persistent shortcomings, widespread non-compliance with mandatory Internal Committees (ICs), systemic neglect of Local Committees (LCs) that cover the informal sector, inadequate training of committee members, and absence of uniform procedures. Data indicates troubling disparities: while large companies increasingly report cases, smaller firms and the informal sector remain black holes of compliance, perpetuating the “zero-case paradox.” Fear of retaliation, entrenched cultural taboos, and low awareness further silence women, limiting the Act’s effectiveness as a protective framework.

The Supreme Court’s interventions, particularly in Aureliano Fernandes v State of Goa, have shifted enforcement from a complaint-driven to a state-monitored model, mandating compliance surveys, functional LCs, and digital integration via the SHe-Box portal. The paper concludes that bridging the chasm between law and practice requires a multi-pronged approach: legislative amendments to codify procedures and anti-retaliation protections, stronger penalties for non-compliance, mandatory standardized training, and cultural change initiatives. Only through systemic accountability, proactive governance, and social transformation can the POSH Act fulfil its original vision of ensuring safe, inclusive, and equitable workplaces for all women in India.

Keywords – Zero case Paradox, She-Box, Vishaka Guidelines, POSH Act 2013, judicial activism

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Issue 3

LONG ARTICLE- GENDER EQUALITY UNDER ISLAMIC LAW: A CONSTITUTIONAL AND JUDICIAL OUTLOOK

This long article is written by Mukesh Shukla, LL.M. (Law), Department of Law, M.A., (Criminology and Criminal Justice Administration), Department of Social Work, Faculty of (MSW), Lucknow University of Lucknow, Lucknow, Uttar Pradesh, India. 

Abstract

Gender equality under Islamic law in India represents a complex intersection of religion, personal law, and constitutional principles. Muslim personal law, primarily governed by the Shariat Act of 1937 and the Dissolution of Muslim Marriages Act of 1939, regulates matters such as marriage, divorce, maintenance, inheritance, and guardianship. While rooted in religious traditions, these laws have often been criticized for perpetuating patriarchal practices that restrict women’s rights. Practices such as polygamy, unilateral divorce (talaq), unequal inheritance, and child marriage have raised serious questions about justice and equality for Muslim women.

At the same time, Islamic teachings, in their essence, emphasize fairness, dignity, and respect for both men and women. The challenge arises when cultural traditions and narrow interpretations overshadow these principles, creating inequalities that contradict the spirit of Islam itself. Indian courts have played a pivotal role in addressing this imbalance, delivering landmark judgments on maintenance, custody, divorce, and women’s autonomy. These judicial interventions attempt to harmonize personal law with constitutional guarantees under Articles 14, 15, and 21, which ensure equality, non-discrimination, and dignity for all citizens.

The broader debate also includes the contentious issue of the Uniform Civil Code, which seeks to unify personal laws across religions while balancing community rights with individual freedoms. In this context, gender justice under Islamic law is not only a legal question but also a social, cultural, and constitutional challenge. It calls for sensitive reforms that protect religious identity while ensuring women’s rights and equality remain at the forefront of justice.

Key words: Gender Justice, Islamic Law, Muslim Personal Law, Women’s Rights, Equality under Constitution, Judicial Interpretation

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LONG ARTICLE- EXPLORING THE IMPACT OF ARTIFICIAL INTELLIGENCE IN COMBATING CYBERCRIME: A COMPARITIVE ANALYSIS OF INDIA AND THE GLOBAL CONTEXT

This long article is written by Divyansh Verma, M.A., Criminology and Criminal Justice Administration, Faculty of Art, Lucknow University of Lucknow, UP, India & Neeraj Kumar, LL.M. (Law), Faculty of Law, BBA University (A Central University) Lucknow, UP, India,

Abstract

The rapid expansion of digital technologies has created both opportunities and challenges, particularly in the realm of cybersecurity. As cybercrime evolves in complexity and scale, traditional methods of defense have proven insufficient to counter emerging threats such as phishing, ransomware, and large-scale network intrusions. This study explores how advanced technological tools are being adopted to strengthen cybercrime prevention and investigation, with a particular focus on comparing India’s progress with global practices. While many developed nations have integrated sophisticated solutions into government and private-sector systems, India’s adoption has been slower, hindered by infrastructural constraints, regulatory uncertainty, and limited technical expertise. Nevertheless, recent initiatives-ranging from policy reforms to the establishment of dedicated cybercrime units-highlight growing recognition of the need for stronger defenses. The research identifies a key gap: global literature provides extensive insights into large-scale implementation and operational successes, yet little work examines how these strategies can be adapted to the Indian context. This comparative approach aims to highlight differences in adoption, analyze the challenges unique to India, and suggest ways to integrate international best practices into local frameworks. Ultimately, the study contributes to bridging the divide between conceptual discussions and practical enforcement, offering insights that are crucial for policymakers, law enforcement agencies, and technology developers alike. By situating India within a broader global context, the research underscores the importance of building context-specific strategies that combine technological innovation with legal, institutional, and social considerations.

Keywords: Cybercrime, Digital Security, Comparative Study, Law Enforcement, Policy Framework

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LONG ARTICLE – BEYOND THE GIG: REFORMING SOCIAL SECURITY AND LABOUR LAWS FOR INDIA’S PLATFORM WORKERS

This long article is written by Ravichandra Iti, a IV B.A.LL.B Student of KLE Law College Bengaluru.
Abstract
The rise of the gig economy in India has redefined traditional employment structures, creating opportunities for flexible work while also raising serious concerns about job security, wage stability, and social protection. Unlike regular employees, gig workers are classified as “independent contractors”, excluding them from conventional labour law protections related to minimum wages, health benefits, insurance, and retirement security. This legal ambiguity has led to significant vulnerabilities, particularly for workers engaged in ride-hailing, food delivery, and digital freelancing. This research critically examines India’s evolving labour law framework, with a particular focus on the Code on Social Security, 2020, which attempts to incorporate gig and platform workers into the social security net. The study evaluates the effectiveness, limitations, and enforcement challenges of this legislation in providing universal access to essential protections such as provident funds, gratuity, health insurance, and pension schemes. Furthermore, this paper explores the role of digital platforms as potential contributors to social security mechanisms, addressing the ongoing debate about whether platform companies should be legally required to contribute to social security funds for their workforce. It investigates the comparative legal approaches in other countries, such to draw insights for strengthening India’s regulatory approach.
The study also emphasizes the importance of collective bargaining rights, the role of trade unions, and potential judicial interventions in securing fair treatment and social protection for gig workers in India. By highlighting the gaps, opportunities, and future directions for labour law reforms in the gig economy, this research contributes to the ongoing discourse on worker rights, fair labour practices, and the future of social security in India’s digital workforce.
Keywords– Gig Economy, Platform Workers, Social Security Code 2020, Wage Security, Employment Classification, Social Protection Policies, Labour Rights in Digital Economy, Hybrid Regulatory Model, Worker Welfare Schemes, Implementation Challenges, Labour Market Reforms

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Issue 3

LONG ARTICLE- ALGORITHMIC BIAS AND SUBSTANTIVE EQUALITY: RETHINKING ARTICLE 14 IN THE AI ERA

This long article is written by Kartikey Mishra and Namrata Mishra.
ABSTRACT
Artificial Intelligence continues to penetrate the heart of India’s governance and legal systems. As an example, in the case of AI-enabled facial-recognition systems, currently deployed to record student attendance in Telangana, to fintech services that aid in scoring an algorithmic credit rating, and judges using ChatGPT to help them with bail matters, technology is influencing who receives rights, opportunities, and justice. Algorithms are supposed to be efficient and fast, yet they also introduce an undetectable threat: that of reproducing existing inequalities by introducing hidden data and design bias. This is not just a technical issue, it is a constitutional issue in a country where caste, gender and class divisions are still very strong and institutionalized. This paper states that Article 14 of the Indian Constitution needs to be re-examined according to the constitutional harms of algorithmic bias. The pre-existing tests of reasonable classification, and arbitrariness, which were important during their time, have not kept up to date in regard to systemic discrimination caused by hidden and automated decision-making. Drawing on the Supreme Courts jurisprudence of substantive equality as depicted in cases such as E. P. Royappa v. State of Tamil Nadu and Navtej Singh Johar v. Union of India, this paper engages with a framework that renders algorithmic bias a violation of constitutional equality. The analysis situates India within global debates on AI regulation, referencing the European Union’s AI Act, Brazil’s draft AI bill, and discussions on compute sovereignty across the Global South. Ultimately, the paper contends that embedding substantive equality into AI governance is constitutionally necessary if technological progress is to advance rather than undermine justice in India.
Keywords: Algorithmic Bias; Substantive Equality; Social Divisions; Artificial Intelligence; Indian Constitution.

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Issue 3

LONG ARTICLE – ALGORITHMIC ACCOUNTABILITY AND THE LAW IN INDIA: GOVERNING AI IN AUTONOMOUS AND CRITICAL SECTORS

This long article is written by SUMITHRA S, co authored by  RUTHRA B 

Abstract: The governance of AI systems used in independent and vital industries like healthcare, finance, defense, and public administration is the main focus of this paper  which examines the boundaries of algorithmic accountability in India. It looks at the doctrinal, ethical, and legal aspects of accountability, placing AI governance within industry-specific regulatory frameworks, emerging jurisprudence, and constitutional principles. The study examines the effectiveness of legislative measures, court rulings, and policy directives in mitigating the risks associated with multi-stakeholder AI ecosystems and opaque decision-making processes. It also explores explainability, transparency, algorithmic audits, and liability distribution among developers, operators, and end users, emphasising the practical and normative requirements for responsible AI deployment. In order to propose a comprehensive governance model, the paper makes policy recommendations that include algorithmic impact assessments, adaptive compliance frameworks, and the integration of ethical and human rights protections. This study adds to the continuing conversation on AI accountability in India by combining legal theory, regulatory practice, and interdisciplinary insights, providing workable frameworks to balance technological advancement with social protection.

Keywords: Algorithmic Accountability, AI Governance, Autonomous Systems, Liability, Transparency, Explainable AI, Indian Legal Framework, Critical Sectors, Policy Recommendations, Ethical Oversight.

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SHORT ARTICLE – LIMITED ACCESS TO CONTRACEPTION AMONG TRIBAL WOMEN IN KERALA

The short article is written by K GOPIKA, an LL.M student at the Department of Law, Central University of Kerala.

ABSTRACT

In the State of Kerala boasts some of the best health indicators in India, disparities in reproductive health persist among its tribal (indigenous) populations.This study analyses the extent of knowledge gaps and low contraceptive use among tribal women, how these gaps are caused by cultural and infrastructure barriers, and suggests focused interventions using data from Wayanad district. A cross-sectional study of 2,495 tribal women from Paniya, Kurichiyar, Adiya, Kattunaicken, and other tribal groups, aged 15 to 49, revealed that only roughly 26.4% of them currently use contraceptives, compared to roughly 58.5% of the rest of Kerala’s population. Key determinants include tribe group, education level, living conditions, and fertility desires; cultural practices regarding menstruation, decision-making dynamics, and infrastructural deficits further limit access; and more than half of the respondents had poor knowledge of contraceptives, with oral contraceptive pill use being particularly low (4.8%). This paper makes the case for culturally sensitive educational outreach, improved service delivery, community participation, and measures to reduce social vulnerability.

KEYWORDS:

TRIBAL WOMEN, KERALA, WAYANAD, CONTRACEPTIVE USE, KNOWLEDGE, FERTILITY INTENTIONS, HEALTH DISPARITIES, CULTURAL BARRIERS.

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SHORT ARTICLE – THE ILLUSION OF AUTHORITY: UNDERSTANDING DIGITAL ARREST IN INDIA

This short article is written by N. Likhitha Prasad, an LLM Student of Jain (Deemed-to-be-University) School of Law, Bengaluru. 

ABSTRACT

The rapid growth of digital technologies and internet penetration in India has opened up once-in-a-lifetime opportunities for communication, commerce, and governance. However, in tandem with these benefits, cybercrime has reared its head as a serious threat. One of the most noted forms of this phenomenon is called “Digital Arrest” – a sophisticated scam that relies on fear, authority and psychological manipulation to extort funds from unsuspecting individuals. In incidents of Digital Arrest, criminals impersonate law enforcement officers, customs officials, or other government authorities, and individuals are falsely implicated of committing crimes, such as narcotics trafficking, money laundering, or other cyber offenses, and subsequently intimidate them in real time via video calls, surveil them at home, all the while threatening to arrest them or seize their property unless they produce financial payment as falls to clean their name. 

This study addresses the meaning, modus operandi and legal implications of digital arrest scams in an Indian context, as well the various cyber techniques deployed by criminals, ranging from caller ID spoofing, phishing, counterfeit documents to the impersonation of a judicial or law enforcement authority. The paper carefully examines the social, psychological and economic implications for victims of digital arrest, beyond just loss of financial funds, but also severe mental trauma, social dislocation and extreme cases of victim suicides. The legal analysis relies on the  Information Technology Act, 2000, and Bharatiya Nyaya Sanhita, 2023, exploring just how existing laws deal with crimes of cheating, impersonation, forgery, and extortion in digital spaces. The courts and others have reinforced in multiple ways that there is no legal basis for arrest via online means; hence, “digital arrest” can only be viewed as fraudulent. Despite the fact that the government has established a number of channels for victims to report such illegal behavior, notably through the Indian Cyber Crime Coordination Center (I4C) and the National Cyber Crime Reporting Portal and the 1930 telephone helpline.  Despite recent specific warnings to the public, the issue continues to worsen, as seen in reference to the thousands of crores of rupees in financial loss.

This research promotes deeper discussion about the potential to strengthen law enforcement capacity, increase cyber literacy, forge effective international cooperation and establish victim support initiatives through analysis of case studies and statistical information. In conclusion, the study concludes that the challenge of preventing or defending against digital arrest scams will require societal shifts to alertness or resilience that should include legal and technological means as well as literacy in the digital ecosystem, through societal awareness and action.

Keywords: Digital Arrest, Cybercrime, Impersonation, Online Fraud, Cybercriminals

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SHORT ARTICLE – THE RIGHT TO PRIVACY IN DIGITAL AGE: NAVIGATING EVOLVING VULNERABILITIES AND LEGAL FRAMEWORK

This short article is written by Dr. Puranjan Prasad Paul, Assistant Professor, Faculty of Law, The ICFAI University Tripura

Abstract: The shift into the digital age has utterly transformed the concept of privacy, moving it beyond old-fashioned concerns to face complex new challenges. The core issue is how massive data collection, powerful Artificial Intelligence (AI), and pervasive social media now threaten our personal space. Historically, privacy has evolved from a simple property issue into a recognized fundamental human right. The article highlights key digital dangers: vast surveillance by corporations and governments, the inherent unfairness of algorithmic bias, and the slow erosion of individual freedom through data profiling and the “chilling effect” on free expression. It then examines global legal responses, specifically analyzing the GDPR, the CCPA, and India’s DPDP Act, noting their strengths and weaknesses. To fully protect privacy, the article ultimately proposes a holistic approach involving “privacy-by-design,” demanding more transparency, implementing robust technical safeguards, and fostering international cooperation to secure our data in an interconnected world. 

Keywords: Right to Privacy, Digital Privacy, Social Media Privacy, DPDP Act

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SHORT ARTICLE- WOMEN AND ARTIFICIAL INTELLIGENCE: GENDERED DIMENSIONS OF INNOVATION, ETHICS, AND POLICY

This short article is written by CHANDRANI CHAKRABORTY, Legal Research scholar, Motherhood University, Roorkee, Uttarakhand.

Abstract
Artificial Intelligence (AI) is increasingly embedded in social, economic, and political systems. Yet its development and deployment are marked by persistent gender disparities. Women are systematically underrepresented in AI research, policymaking, and corporate leadership, while at the same time facing disproportionate harms from algorithmic bias. This paper interrogates the gendered dimensions of AI through three interlinked themes: (1) women’s participation in AI development, (2) gendered impacts of AI systems, and (3) governance frameworks for inclusive innovation. It traces the historical and structural factors that have led to the underrepresentation of women in science and technology, including educational inequalities, workplace discrimination, and unpaid care work. It then examines how biased training data, opaque algorithms, and unregulated deployment produce discriminatory outcomes in fields such as healthcare, recruitment, predictive policing, and content moderation. Using case studies from the European Union, India, and international organizations, the paper assesses current policy responses and highlights their limitations in addressing systemic inequities. It argues for a feminist framework of AI governance grounded in intersectional data audits, participatory design, algorithmic transparency, and substantive representation of women as co-creators of technology. Such an approach moves beyond tokenistic inclusion and reframes women not as vulnerable subjects but as active producers of AI knowledge. By centering gender justice in AI ecosystems, policymakers can ensure that technological innovation advances substantive equality and human rights rather than reproducing old hierarchies in new digital forms.
Keywords: Women; Artificial Intelligence; Algorithmic Bias; Feminist Technology; Digital Rights; AI Governance; Gender Justice.

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