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Vijay Kumar Verma, Research Scholar, Teerthanker Mahaveer University, Moradabad, Uttar Pradesh, India, and Dr. Radhey Shyam Jha, Professor, Uttaranchal University, Dehradun, Uttarakhand, India.

ABSTRACT

The Digital Personal Data Protection Act of 2023 marks a significant milestone in India’s evolving data governance framework, aiming to strike a balance between the fundamental right to privacy and the legitimate need for data processing in a digital economy. The Act, enacted in August 2023, establishes a comprehensive legal regime governing the collection, storage, processing, and transfer of digital personal data by introducing key concepts such as “data principal,” “data fiduciary,” and a consent-based processing mechanism, emphasizing individual autonomy over personal data. It grants individuals rights such as access to information, data correction and erasure, grievance redressal, and the ability to withdraw consent, while also requiring data fiduciaries to ensure lawful processing, data security, and breach notification, with significant penalties for noncompliance. Despite its progressive goal, the Act has faced criticism due to worries about extensive exemptions offered to government agencies, the Data Protection Board’s limited independence, and the potential erosion of openness rules. This study critically examines the structural framework, key provisions, and implications of the Act, highlighting both its strengths in enhancing data protection and its limitations in ensuring robust accountability. It also evaluates it in light of global standards such as the GDPR, emphasizing the need for stronger safeguards, clearer regulatory mechanisms, and effective enforcement to ensure meaningful data privacy protection in India’s rapidly digitizing society. 

Keywords: Digital Personal Data Protection Act, 2023; Data Privacy; Data Protection; Consent; Data Fiduciary; Data Principal; Right to Privacy; Cyber ​​Law; India; Data Governance; Information Technology Law

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This article is authored by Prakarsh Pandey, Advocate practicing before the Allahabad High Court, Lucknow Bench, Uttar Pradesh, India.

ABSTRACT

In India, for a long time, the concept of prosecution sanction has been followed as a substantive constitutional safeguard, requiring the executive to apply its mind to the propriety of prosecuting a public servant for acts committed in the discharge of official duty. The Supreme Court of India has also built an elaborate jurisprudence around this and treats sanctions not as a mere formality. However, Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the “BNSS”) has changed the existing position. It added a new proviso to 218(1) imposing a 120-day time limit for the decision on sanction. The main change is that it provides that upon such failure, it will be deemed to have sanction been given. This research article discusses how deemed sanctions are counterproductive in that they do not provide substantive protection to public servants and do not create any accountability for subsequent prosecutions. Therefore, deemed sanctions create an unsound constitutional basis for all subsequent trials.

Keywords: Deemed Sanction, Section 218 BNSS, Application of Mind, Prosecution Sanction and Public Servant Accountability. 

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This short article is written by Ayush Mishra, a LLB student of Asian Law College, Noida.

Abstract

Health law and medical jurisprudence together form a dynamic interface between the
disciplines of medicine and justice, addressing the ethical, legal, and regulatory challenges
that arise in healthcare delivery. This field explores how legal frameworks safeguard patient
rights, regulate medical practice, and ensure accountability in cases of negligence,
malpractice, and bioethical dilemmas. At the same time, medical jurisprudence provides the
evidentiary and scientific basis for adjudicating disputes, guiding courts in matters such as
forensic medicine, consent, confidentiality, and emerging issues like biotechnology and
digital health. The intersection highlights the need for interdisciplinary collaboration, where
law interprets medical complexities and medicine informs legal reasoning. By bridging these
domains, health law and medical jurisprudence not only protect individual and public health
but also strengthen justice systems in adapting to evolving medical innovations and societal
expectations. This interface underscores the pursuit of fairness, ethical governance, and
human dignity in the administration of healthcare and justice.

This short article is written by Dr. Pranjya Paramita Panda, Asst.Professor,Rourkela Law College, M.S. Law  University, coauthored by Anusmita Mahanta, a  4th Sem. LL.M. student from P.G. Dept. of Law, Sambalpur University.                                                                                                                                                                                                                                                                                         

Abstract

Digital privacy poses a new challenge in the technology-driven world. The right to Privacy, which is practised under Article 21 of our Constitution, is affirmed as a fundamental right and includes the protection of personal data or privacy of data. But now in this digital world, the major concern is for the security of data. Due to the proliferation of technology and the huge collection and storage of data, people are more aware of the risks and vulnerabilities related to their information and personal data. On one hand, the Right to privacy is a fundamental right, while on the other hand, data protection is a legal framework in this digital Era. Due to growth in digital technologies, it is very challenging nowadays to protect personal Data or Data Privacy, which ultimately leads towards a comprehensive law to regulate the same. And subsequently, in August 2023, the landmark legislation named the DPDP Act,2023, for data protection in India and handling digital data. Strict implementation of the Act will make this paradigm shift from right to privacy to personal data protection very safe and protected. Because nowadays privacy is not just about isolation, but it also refers to empowerment.

Keywords:  Fundamental Rights, Privacy, Challenges, Data Protection, Technology

This short article is written by Bhavanya E K, a BBA LLB (Hons.) 3rd year student of Dhanalakshmi Srinivasan University Trichy, Tamil Nadu. 

Abstract

India needs to move away from the current “take, make, throw” system and adopt a circular economy, a model where materials are reused, repaired, and recycled so that almost nothing is wasted. This paper looks at how India can make this shift through stronger laws and policies. It studies the existing legal framework and highlights key challenges such as poor waste segregation, weak enforcement, and the under-recognition of informal waste workers. Suggesting practical solutions, where, by treating waste as a valuable resource, India can not only create employment and reduce pollution but also take a major step towards achieving the vision of a clean, sustainable, and prosperous circular economy.

Keywords: Circular Economy, Waste to Wealth, Solid Waste Management Rules 2016, Extended Producer Responsibility (EPR), Informal Waste Workers

This short article is written by R.Madhumitha, a student of The Tamilnadu Dr.Ambedkar Law University (SOEL). 

ABSTRACT:

Preventive detention is a unique concept validated by laws like the National Security Act and a controversial aspect of our Indian constitution. It permits detention without charge or trial in order to remove certain threats to individual liberty and national security. The executive power under these laws and Indian constitution’s fundamental rights are inherently conflicted subject matter examined in this article. This article also covered the foundation of preventive detention in constitutional aspects, its evolution in earlier days, procedural protections afforded to detainees, and other landmark judicial interpretations. At last it evaluates the current legal system which balances individual liberty and national security. 

KEYWORDS:

Preventive Detention; National Security; Article 22; Personal Liberty; Indian Constitution; Judicial Review.

This short article is written by S Keerthana, a student of The Tamil Nadu DR Ambedkar Law University, Taramani, Chennai. 

ABSTRACT

The context of federalism is much complex in the country’s governance. This gathers the varied autonomous bodies into a single union umbrella of union/federal. Federalism concentrates upon the unity and distribution or decentralization of power between the national and the states. The citizens of the federal state share will act on the authorities of the two governments whose position and powers are very well defined but they aren’t in the watertight containers. The article 370 in the constituent assembly had a significant role to give them a special status due to their historical setback. The abrogation happens to be a concept of being discussed as the constituent assembly declared not to modify the special status without the special constituent assembly. National security laws are general guiding principles to the country’s diplomatic, intelligence, military, social and criminal foundations. 

KEYWORDS: 

Federalism, decentralization, watertight containers, constituent assembly, national security and relations.

This short article is written by K. RANJITH, a student of School Of Excellence In Law, TNDALU. 

ABSTRACT:

India’s approach to corporate insolvency resolution has evolved from the framework established under the sick industrial companies act, 1985 to the current system governed by the Insolvency and Bankruptcy Code, 2016. The board of industrial and financial reconstruction was created to facilitate the revival of sick industrial companies. However, its effectiveness was compromised due to more delays, complicative procedures, and insufficient participation from creditors. The Insolvency and Bankruptcy Code established the National Company Law Tribunal as the adjudicating authority, leading to a streamlined resolution process with fixed timelines. The shift from BIFR to NCLT was intended to improve asset value and promote economic stability. This article critically examines the transformation from BIFR to NCLT and it also evaluates the impact on companies’ insolvency resolution in India.

KEYWORDS: 

Corporate Insolvency, BIFR, NCLT, Revival, Sick industries, Resolution.

This short article is written by Aanchal Agarwal, a student of Bharati Vidyapeeth New Law College, Pune.

ABSTRACT

Marital rape remains one of the most silenced violations in India. It hides behind domestic walls, masked by the idea of marital duty and emotional loyalty. Even after the introduction of the Bharatiya Nyaya Sanhita 2023, the law continues to exempt husbands from punishment for non-consensual intercourse with their wives. This article is written from a place of empathy and reflection. It questions why the law hesitates to acknowledge that consent does not vanish after marriage. Through emotional reasoning and legal awareness, it argues that the absence of criminalisation is not just a legislative gap but a moral failure.

Keywords

Marital Rape, Consent, BNS 2023, Gender Justice, Silence, Law and Autonomy

This short article is written by Abhirath Narasimhan of RV University, School of Law. 

Abstract

Littering and improper Waste Management are a major problem in India. The paper performs a comparative analysis between the cities of Indore and Bengaluru. Bengaluru struggles with poor waste management despite having strict penalties while Indore is one of the cleanest cities in India in addition to having strict penalties. Using this analysis, combining sociological theory and realist jurisprudence it is concluded that imposition of stricter penalties and conducting awareness campaigns cannot bring change. Civic Pride and Durkheim’s Organic Solidarity are central concepts in decoding the problem of littering. Culture and household values are critical in shaping public attitude. Karl Llewellyn’s realist view that law must consider lived realities and social behavior, not just exist on paper is essential in demystifying the stubborn habit of poor waste management. For lasting impact, the state must act not as an enforcer, but as a leader.

Key words:  Solidarity, Pride, Culture, Cleanliness, Realist