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THE APPLICATION OF BIOMETRICS INFORMATION IN BANKING LAW

thelawwaywithlawyers@gmail.com January 7, 2026 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-29 ISSUE NO:- 29 , NOVEMBER 23, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Digital Number : 2025-23534643 CC BY-NC-SA Authored By :- Shivansh singh THE APPLICATION OF BIOMETRICS INFORMATION IN BANKING LAW ABSTRACT The application of biometric information in the banking industry has moved at a lightning pace over the last ten years. Banks globally have adopted biometrics for improved security, customer experience, and cost savings. But this is not without challenges. Biometric systems also pose serious risks when it comes to data privacy, regulatory compliance, ethical issues, and vulnerability to possible legal risks. The paper compares and contrasts the benefits and pitfalls of biometric data use in banking, aligns them with the regulatory structures employed within data protection, and summarises results of some of the largest research studies. The discussion ends by proposing best practices for balancing innovation and risk in biometric banking INTRODUCTION It all began in spy films: fingerprint scanning, retina scanning, and face recognition. It was like a dream that could only be realized in the movies. Today, all this is referred to as the simple term biometrics and is used in the security field actively. This type of access control and authentication is particularly commonly applied in the banking and finance sectors. As of 2023, the market for digital identification solutions, the primary building block of biometric technology, was valued at $34.5 billion. Experts forecast active development in the next few years, and the global market for biometric systems itself can hit $83 billion by 2027. There are growing concerns about how financial institutions in Ghana handle and protect biometric data. Biometric information like fingerprints or facial recognition is extremely sensitive, and banks must take serious steps to guard it against cyber threats. However, Ghana’s cybersecurity systems are still developing, raising doubts about whether local banks are fully equipped to fend off advanced cyberattacks. If such sensitive data were to be compromised, it wouldn’t just lead to financial losses for individuals it could also damage public confidence in the entire banking system. This concern is especially urgent given the rise in high-profile data breaches around the world, proving that even major institutions with strong security measures can still fall victim to cybercrime. On top of the security risks, there are also ethical questions around how biometric data might be used. While this technology is meant to improve security, it can also open the door to surveillance. For instance, facial recognition systems can track where people go and how they behave. In Ghana, where people are already becoming more aware and concerned about digital surveillance by both government and private entities, the use of biometric data by banks adds to those fears. There’s a real risk that this data could be used for purposes beyond what customers agreed to like monitoring movements or targeting individuals with marketing without their full knowledge or consent. Ultimately, banks have a serious ethical obligation to protect biometric data and use it responsibly. It’s not just about improving security; it’s also about respecting people’s privacy and ensuring their personal information isn’t misused. UNDERSTANDING BIOMETRIC DATA According to the Merriam-Webster Dictionary, Biometrics is defined as “the measurement and analysis of unique physical or behavioural characteristics (such as fingerprint or voice patterns), especially as a means of verifying personal identity” In the legal realm, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, defines biometrics under Rule 2(b) as “Biometrics means the technologies that measure and analyse human body characteristics, such as ‘fingerprints’, ‘eye retinas and irises, ‘voice patterns’, ‘facial patterns’, ‘hand measurements’ and ‘DNA’ for authentication purposes.” With the fast movements in biometric technologies, strong legal steps taken towards greater care to protect the privacy rights and data of the citizens were found quite inevitable. In the case of Aadhaar, India’s biometric verification system, stirred many legal debates that quite intricately reflected the need for strong legal frameworks on the use of this sort of data.. SURGE & OPERATION OF BIOMETRIC DATA In several industries, including banking, where security and fraud prevention are crucial, biometric authentication has become a game-changing technology. A move toward safer means of confirming people’s identities may be seen in Ghana, where banks are increasingly using biometric information including fingerprints, facial recognition, and iris scans. Biometric systems offer an apparently infallible method of preventing unwanted access to financial accounts by taking advantage of each person’s distinct physical characteristics. This change occurs at a time when fraudsters are posing a growing threat to the financial sector by taking advantage of readily compromised traditional authentication methods like passwords and PINs. However, since biometric information is unique to each person, it provides a better level of security, lowering the hazards The surge in biometric data has been driven by the growing demand for secure, convenient, and efficient identity verification methods across various sectors. Biometric technologies such as fingerprint recognition, facial recognition, iris scanning, and voice authentication have seen widespread adoption in areas ranging from law enforcement and national security to consumer electronics, banking, and healthcare. Governments have implemented large-scale biometric ID systems, such as India’s Aadhaar program, while private companies use biometrics to enhance user experience and protect sensitive data. The COVID-19 pandemic further accelerated the use of contactless biometric systems, especially facial and voice recognition, as alternatives to touch-based systems. This rapid growth is underpinned by advances in artificial intelligence and machine learning, which have significantly improved the accuracy, speed, and scalability of biometric recognition. Mobile devices now commonly include biometric sensors, enabling users to unlock phones, authorize payments, and access apps securely. In finance, banks use biometric authentication to prevent fraud and streamline services, while healthcare providers employ it to ensure accurate patient identification and data access. The operation of biometric data begins with the collection of unique biological or behavioural traits through specialized devices cameras for facial recognition, sensors for fingerprints, or microphones for voice patterns. These inputs are converted into a digital format known

THE CONSTITUTIONAL CONTOURS OF NON-CONNECTIVITY: REIMAGINING THE “RIGHT TO BE OFFLINE” AND “DIGITAL ANONYMITY” UNDER ARTICLE 21

thelawwaywithlawyers@gmail.com January 7, 2026 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-29 ISSUE NO:- 29 , NOVEMBER 28, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Digital Number : 2025-23534643 CC BY-NC-SA Authored By :- Darshan.S College: Sri Jagadguru Renukacharya College of Law Bangalore THE CONSTITUTIONAL CONTOURS OF NON-CONNECTIVITY: REIMAGINING THE “RIGHT TO BE OFFLINE” AND “DIGITAL ANONYMITY” UNDER ARTICLE 21 Abstract: As India transitions into a “Digital First” state, the mandatory nature of digital IDs and pervasive data collection creates a new constitutional tension. This paper explores whether the Right to Privacy, as established in K.S. Puttaswamy (2017), encompasses a reciprocal “Right to be Offline.” It further analyzes the “Right to Digital Anonymity” against the backdrop of the Digital Personal Data Protection (DPDP) Act, 2023 and the 2025 Rules, arguing for a constitutional “Opt-Out” mechanism to preserve human dignity in the algorithmic age. Keywords: Article 21, Right to Privacy, Digital Governance, Right to be Offline, Digital Anonymity, DPDP Act, Human Dignity Introduction The Indian Constitution was conceived as a transformative charter, capable of adapting to social, economic, and technological changes while preserving the core values of liberty, dignity, and equality. Article 21, which guarantees the right to life and personal liberty, has been the principal vehicle through which this transformation has occurred. Judicial interpretation has expanded its scope far beyond mere animal existence to include the right to live with dignity, autonomy, and meaningful choice. In the contemporary era, however, this constitutional guarantee faces a novel challenge arising from the rapid digitisation of governance. India’s transition towards a “Digital First” or “Digital-by-Default” governance model marks a structural shift in how citizens interact with the State. Welfare delivery, identity verification, financial transactions, and access to public services are increasingly mediated through digital platforms. While these initiatives promise efficiency, transparency, and inclusion, they also risk creating new forms of exclusion that are less visible but constitutionally significant. The dependence on digital infrastructure presumes access to technology, digital literacy, stable connectivity, and willingness to participate in data-driven systems—assumptions that do not reflect India’s socio-economic realities. The constitutional concern is not digitisation per se, but compulsion. When digital participation becomes the sole gateway to basic rights such as food, healthcare, pensions, and legal identity, the right to life risks being transformed into a conditional entitlement. This raises a fundamental question: can the State, consistent with Article 21, require citizens to be continuously connected, identifiable, and traceable in order to survive with dignity? This paper situates this question within the framework of the Right to Privacy as recognised in Justice K.S. Puttaswamy (Retd.) v. Union of India (2017). It argues that privacy is not merely a right to control information, but a broader guarantee of decisional autonomy and freedom from forced exposure. From this foundation, the paper develops the concepts of a “Right to be Offline” and a “Right to Digital Anonymity” as necessary constitutional safeguards in an algorithmic state. These rights are presented not as barriers to technological progress, but as essential conditions for preserving human dignity in a digital democracy. 1.The Digital-by-Default Governance Model in India The Indian State’s embrace of digital governance has been both ambitious and expansive. Flagship initiatives such as Aadhaar, Unified Payments Interface (UPI), and DigiLocker represent a paradigm shift in administrative functioning, moving governance from physical interfaces to digital platforms. This “Digital-by-Default” model assumes that technology is the most efficient and desirable medium for State-citizen interaction. However, when examined through a constitutional lens, this assumption reveals significant structural tensions. Aadhaar has emerged as the foundational digital identity infrastructure in India. Although originally conceived as a voluntary means to improve welfare targeting, Aadhaar has gradually become embedded across multiple sectors, including banking, telecommunications, taxation, and social welfare. Despite judicial pronouncements limiting its mandatory use, the lived reality for many citizens is one of indirect coercion. Authentication failures, biometric mismatches, and lack of connectivity have resulted in exclusion from essential services, particularly for vulnerable populations such as the elderly, disabled, and rural poor. Similarly, the widespread adoption of UPI has transformed India’s financial ecosystem. While digital payments promote convenience and traceability, they also marginalise those who rely on cash due to lack of smartphones, digital literacy, or trust in technology. The gradual discouragement of cash transactions creates an environment where economic participation increasingly depends on digital compliance rather than individual choice. DigiLocker further exemplifies the shift towards digital identity management. By digitising official documents such as educational certificates and driving licences, the State aims to streamline access and reduce fraud. However, when physical documents are treated as inferior or insufficient, citizens are effectively compelled to enter digital ecosystems irrespective of consent or capability. Collectively, these initiatives reflect a governance philosophy that prioritises efficiency over choice. The constitutional issue arises when digital systems are not offered as options but imposed as defaults. In such a framework, the absence of offline alternatives transforms administrative modernisation into a form of structural exclusion, raising serious concerns under Article 21’s guarantee of life with dignity. Article 21 and the Centrality of Choice At the heart of Article 21 lies the principle that life and liberty must be meaningful, not merely symbolic. The Supreme Court has consistently held that the right to life encompasses more than physical survival; it includes the conditions necessary for human dignity, autonomy, and self-determination. Choice is a central component of this constitutional vision. Without choice, liberty becomes illusory and dignity hollow. In K.S. Puttaswamy, the Court explicitly recognised that privacy is grounded in individual autonomy and the freedom to make personal decisions without undue State interference. This recognition has profound implications for digital governance. If privacy protects the individual’s control over personal information and life choices, then a governance model that eliminates non-digital alternatives directly undermines this protection. When access to essential services such as food distribution, healthcare, pensions, or identity verification is contingent upon digital authentication, the individual is deprived of meaningful choice. Consent in such circumstances is not voluntary but compelled by necessity. The constitutional harm arises not

Shifting Paradigms in Law: Theory, Policy and Practice

thelawwaywithlawyers@gmail.com December 12, 2025 0 Comments

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BEYOND THE CELL: PERSPECTIVES ON JUSTICE REFORMS

thelawwaywithlawyers@gmail.com November 6, 2025 0 Comments

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FROM MARGINS TO MAINSTREAM: OVERCOMING EDUCATIONAL AND SOCIAL BARRIERS FOR CHILDREN OF SEX WORKERS IN INDIA

thelawwaywithlawyers@gmail.com November 5, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-29 ISSUE NO:- 29 , NOVEMBER 5, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Digital Number : 2025-23534643 CC BY-NC-SA Authored By :- Ms. Anusuya B, II LL.M (IPR), St. Joseph’s College of Law Bangalore FROM MARGINS TO MAINSTREAM OVERCOMING EDUCATIONAL AND SOCIAL BARRIERS FOR CHILDREN OF SEX WORKERS IN INDIA Abstract: The Children born to sex workers in India occupy vulnerable social and educational positions in society. They are victims of structural discrimination, legal ambiguity, and economic destitution, they are often even denied access to basic rights, particularly education. While Indian Constitution provides for equality before law (Article 14), free and compulsory education (Article 21A), and the protection of children and weaker sections (Articles 15(3), 39(e)-(f) and 46), but these guarantees remain largely unfulfilled in practice. This paper combats the educational and social exclusions of such children with an interdisciplinary approach of constitutional analysis and empirical evidence from field studies, NGO reports, and jurisprudence. It also examines how stigmas, institutional exclusions, and the absence of affirmative policies make the group marginalised. The paper provides for solutions through enforcement of constitution articles, case precedents, case studies of red-light areas and policies, challenging state agents, teachers, and civil society to envision each child’s dignity, irrespective of their parentage. Key Words: Marginalisation, Inclusion, Equality, Social Barriers and Enforcement. (Article 15(3)), the right to education (Article 21A), and directives for uplifting weaker sections (Article 46), these children continue to be excluded from the very systems which was designed to empower them.1 The scale of this issue is urgent, with Conservative estimates suggesting India has over three million sex workers.2 A research by the National Human Rights Commission (NHRC) in 2017 established that children of red-light areas have greater school dropouts, are humiliated at school, and frequently face police harassment or custodial violences.3 They even lack basic documents such as birth certificates or Aadhaar cards, depriving them of their education, health, and government schemes.4 Teachers and peers are often seen treating these children as ‘contaminated’ by a presumed immorality of their mothers’ profession.5 As a result, many of these children either conceal their identities or drop out early to avoid being ridiculed, particularly from urban slums.6 The law, while being progressive in letter, remains conservative in implementation. Despite the presences of several acts like the Protection of Children from Sexual Offences (POCSO) Act, 2012, and the Juvenile Justice (Care and Protection of Children) Act, 2015, children of sex workers are rarely recognized as a vulnerable group in policies. They fall through the cracks of schemes aimed at the urban poor or Scheduled Castes/Tribes, because their primary marker of being born to a sex worker, is neither documented nor institutionally recognized.7 1 The Constitution of India, Articles 14, 15(3), 21A, 39(e)-(f), 46. Government of India. 2 National AIDS Control Organisation (NACO). India HIV Estimations 2020: Technical Report. Ministry of Health and Family Welfare, Government of India, 2021. 3 National Human Rights Commission (NHRC). A Study on the Situation of Children of Sex Workers in India. New Delhi: NHRC, 2017. 4 Apne Aap Women Worldwide. Invisible Lives: Education and Access to Services for Children of Sex Workers. Field Report, 2020. 5 Sharma, R. “Stigma in Schools: Children of Marginalized Communities in Urban India.” Journal of Education and Society, vol. 11, no. 2, 2018, pp. 47–63. 6 Prerana. Barriers to Education for Children in Red-Light Areas. Mumbai: Prerana Trust, 2019. 7 National Commission for Women. Status of Women and Children in Red Light Areas of India. NCW Report, 2018. This paper addresses this silence. It seeks to map the lived experiences of children of sex workers through a legal-empirical lens and raise critical questions: How can India’s constitutional promise of justice and dignity be extended to these children? What are the challenges facing the implementation of inclusive education policies? What community- based models are already emerging as successful? What is the state, judiciary, and civil society’s role to play? In answering these questions, this report aims not simply to prescribe the problem but to invoke a transformation of the system—one that recognizes that all children, regardless of heritage, are owed equal dignity, educational possibility, and full citizenship rights. 1. Understanding the Ground Reality The children of sex workers in India are not merely socio-economically disadvantaged; they are institutionally invisible. Despite occupying a demographic that is acutely vulnerable, they seldom figure in national surveys or government databases, resulting in the erasure of their needs from mainstream education policy. To understand their exclusion, one has to begin by studying the empirical facts which mark their day-to-day life. 1.1 Demographic and Educational Landscape India is estimated to have over 3 million sex workers, concentrated in major urban red-light districts such as Mumbai’s Kamathipura, Delhi’s GB Road, and Kolkata’s Sonagachi.8 Many of these women are migrants, trafficked persons, or individuals pushed into sex work due to poverty and abandonment. Their children numbering in hundreds of thousands lived either in brothels, makeshift lodgings nearby, or shelters managed by NGOs. A 2019 Prerana Trust 8 National AIDS Control Organisation (NACO). India HIV Estimations 2020. Ministry of Health and Family Welfare, Government of India, 2021. report in Mumbai places the estimate that over 70% of kids in red-light districts do not complete secondary school.9 Admission is generally marred with documentation gaps of their birth certificates, residency proof, or parents’ identification making normal admission requirements for schools were absent for the majority of children. As per a survey done by Apne Aap Women Worldwide in Bihar and Delhi, 62% of sex workers’ children had no official identification and therefore did not qualify for RTE Act benefits or midday meals.10 1.2 School-Based Exclusion and Stigma Even when they are enrolled, such children undergo institutionalized discrimination at school. Teachers, unaware or biased, are bound to treat them as morally “stained” because of their mothers’ vocation. Stigma comes in insidious modes—seating assignments separating them, hesitation to involve them in group tasks, and fewer amounts of teacher attention.11 Peer bullying encouraged by social stigmas, creates an environment that is psychologically hostile. A 2018 ethnographic survey in Kolkata’s red-light districts found that sex workers children were 3.5 times more likely to be expelled or suspended from school due to alleged behavioural issues, despite similar academic performance compared to other students.12 1.3 Domestic Instability and Economic Pressures 9 Prerana. Barriers to Education for Children in Red-Light Areas. Mumbai: Prerana Trust, 2019. 10 Apne Aap Women Worldwide. Invisible Lives: Education and Access to Services for Children of Sex Workers. Field Report, 2020. 11 Sharma, R. “Stigma in Schools: Children of Marginalized Communities in Urban India.” Journal of Education and Society, vol. 11, no. 2, 2018, pp. 47–63. 12 Basu, P. “Shadow Learners: Exclusion and Resilience in Kolkata’s Red-Light Areas.” Indian Journal of Child Development, vol. 6, no. 1, 2018, pp. 19–34. School attendance is further disrupted by unstable and unsafe home conditions. The majority of children develop in tiny brothel rooms shared with clients, and they are exposed to sexualized environments at an early age. For adolescent girls, the chance of being coerced into the trade is remarkably high. Save the Children (2017) indicated that nearly 45% of 13– 18-year-old girls in red-light districts were exposed to pressure to generate income for the family, which pushed them to begin work or trafficking early.13 Economic insecurity also forces the majority of boys from school to get into informal work— street vending, mechanic workshops, or drug selling. Early entry into the labor market truncates their schooling and traps them in poverty cycles. 1.4 Health, Nutrition, and Identity Barriers Malnutrition, poor sanitation, and lack of access to medical care are common in red-light areas. Kids in brothel settlements are 2.8 times more likely to have chronic malnourishment than urban slum peers, a UNESCO report (2014) indicates.14 This immediately affects cognitive ability and school performance. The absence of any registration of birth—a right under both the UN Convention on the Rights of the Child (Article 7) and India’s Civil Registration System—is to disown citizenship to numerous children. To deny citizenship is to deprive them of Aadhaar, ration cards, school admission, scholarship, and even admission into juvenile justice guarantees.15 1.5 Psychological Toll and Aspirational Collapse 13 Save the Children India. Vulnerability Mapping in Red Light Areas of India. New Delhi: SC India, 2017. 14 UNESCO. Teaching and Learning: Achieving Quality for All – EFA Global Monitoring Report 2014. Paris: UNESCO Publishing. 15 National Commission for Protection of Child Rights (NCPCR). Children Without Identity: A Study of Birth Registration in Marginalized Areas, 2019. Aside from material deprivation, the worst is its psychological impact. Chronic exposure to violence, stigma, and monitoring results in what psychologists would term “aspirational collapse”—loss of hope that there might be something better. A qualitative survey by the Centre for Equity Studies (2020) reported that over 60% of adolescent girls residing in brothel households had suicidal tendencies or clinical depression but less than 2% had ever accessed mental

HATE SPEECH VS. FREE SPEECH: A CONSTITUTIONAL AND LEGAL BALANCING ACT

thelawwaywithlawyers@gmail.com October 28, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-28 ISSUE NO:- 28 , October 28, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :-Sudipta Bhattacharjee Institution: Shyambazar Law College (Affiliated to University of Calcutta) HATE SPEECH VS. FREE SPEECH: A CONSTITUTIONAL AND LEGAL BALANCING ACT Abstract In contemporary legal discourse, the conflict between hate speech and freedom of expression presents a complex challenge, particularly within pluralistic democracies. On one hand, freedom of expression is a bedrock of democratic governance and public discourse; on the other, hate speech threatens the dignity, safety, and equality of vulnerable groups. This article aims to examine the legal framework surrounding hate speech and freedom of expression, both in India and internationally. Through an analysis of constitutional principles, judicial precedents, important and relative statutes and international instruments, the article explores the legal and philosophical tensions at the intersection of these rights, ultimately advocating for a balanced approach grounded in constitutional morality and human dignity. Keywords: Pluralistic Democracy, Chilling effect, UN Strategy, Accountability etc. ● Introduction : There is no universally accepted definition of hate speech. However, common elements across jurisdictions include expressions that incite hatred, discrimination, or violence based on identity markers such as race, religion, ethnicity, gender, or nationality. In general, people have a common viewpoint which may oppose to each other and sometimes the vagueness arises there. In spite of it, in this 21st century, the basic awareness and knowledge from the people are highly demanding and appreciated. Definition : According to the United Nations Strategy and Plan of Action on Hate Speech (2019)(1): – “Hate speech is any kind of communication in speech, writing or behavior that attacks or uses pejorative or discriminatory language with reference to a person or a group on the basis of who they are— in other words, based on their religion, ethnicity, nationality, race, colour, descent, gender or other identity factor.”(1) Foot note: (1) United Nations Strategy and Plan of Action on Hate Speech, 2019. The lack of a precise definition often leads to over breadth or vagueness, raising concerns about misuse or overregulation. The European Court of Human Rights(2), while upholding certain hate speech laws, insists on the need for narrow and clearly defined legal thresholds(2). ▪ Constitutional Framework in India: Article 19(1)(a)[i] of the Indian Constitution guarantees to all citizens the right to freedom of speech and expression. This right is a cornerstone of individual liberty and democratic engagement. However, this right is not absolute; Article 19(2) allows the State to impose reasonable restrictions on the freedom of speech and expression in the interests of: Sovereignty and integrity of India Security of the State Friendly relations with foreign States Public order Decency or morality Contempt of court Defamation Incitement to an offence Thus, hate speech can be curtailed if it threatens public order or incites an offence. The principle of equality under Article 14 reinforces the argument that hate speech targeting particular communities undermines constitutional morality and must not be permitted to override the dignity and rights of others. Essential Nature of Free Speech: In some precedents the concept was cleared by the honorable Supreme Court of India. Some of them are: Foot Note : (2) Garaudy v. France (2003) European Court of Human Rights App No. 65831/01 [i] Universal’s The Constitution of India (bare act) by Lexis Nexis In S. Rangarajan v. P. Jagjivan Ram(3)[ii], the Court asserted that free expression can only be restricted when it poses a real and imminent danger to public order. In Romesh Thappar v. State of Madras(4), the Supreme Court held: “Freedom of speech and of the press lay at the foundation of all democratic organisations.” This decision drew upon the Brandenburg v. Ohio(5) principle in U.S. law, which protects speech unless it is: “Directed to inciting or producing imminent lawless action and is likely to incite or produce such action. A landmark ruling came in Shreya Singhal v. Union of India(6) [iii], where the Supreme Court Struck down Section 66A of the IT Act for being vague and overbroad. Held that only incitement, and not mere advocacy or discussion, can justify curtailment of speech. ▪ Statutory Framework on Hate Speech in India: Foot Notes : (3) S. Rangarajan v. P. Jagjivan Ram [1989] 2, SCC 574. (4) Romesh Thappar v. State of Madras [1950] AIR 124, SCR 594 (5) Brandenburg v. Ohio [1969] 395, U.S. 444 (6) Shreya Singhal v. Union of India [2015] SC 329 [ii] SCC Online < https://www.scconline.com > accessed on October 24, 2025 [iii] Manupatra < https://mobile.manupatra.in > accessed on October 24, 2025 Although the Indian Constitution does not define hate speech, several provisions of the Indian Penal Code (IPC) penalize hate speech-related offences; those are as following : Section 153A IPC [iv] Criminalizes promotion of enmity between groups on grounds of religion, race, place of birth, etc. Section 153B IPC Targets assertions prejudicial to national integration. Section 295A IPC Punishes deliberate acts intended to outrage religious feelings. Section 505(1) & 505(2) IPC Covers statements that create public mischief and promote enmity. These laws provide a legal basis and eminent or effective viewpoints for curbing hate speech, though they are sometimes criticized for being vaguely worded and prone to misuse. On other hand, in some Landmark Judgements, the Court also obtained several views: Pravasi Bhalai Sangathan v. Union of India(7) : The Court acknowledged the threat of hate speech but deferred to the legislature, stating that new guidelines or definitions should emerge via legislative action, not judicial overreach. Foot notes : [iv] K. Kannan and Anjana Prakash, The Indian Penal Code, 2021 (7) Pravasi Bhalai Sangathan v. Union of India [2014] SC 1591, AIR 2014 Subramanian Swamy v. Union of India(8) The Supreme Court upheld the criminal defamation law and observed that dignity is a constitutional value, thereby validating restrictions on speech that harms reputation. Amish Devgan

UNION TERRITORY OF JAMMU & KASHMIR & ANR. Vs. RAJA MUZAFFAR BHAT & ORS.

thelawwaywithlawyers@gmail.com October 14, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-28 ISSUE NO:- 28 , October 14, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By:- S. Visalatchi UNION TERRITORY OF JAMMU & KASHMIR & ANR. Vs. RAJA MUZAFFAR BHAT & ORS. Authored By:- S. Visalatchi ABSTRACT The Supreme Court’s decision in Union Territory of Jammu & Kashmir & Anr. v. Raja Muzaffar Bhat & Ors. (2025) marks a crucial milestone in India’s environmental jurisprudence. The case addressed the legality of environmental clearances (ECs) granted for sand mining projects in the Shaliganga Nallah of Budgam District, Jammu and Kashmir, without conducting scientific replenishment studies. The Court upheld the National Green Tribunal’s decision to annul such clearances, emphasising that District Survey Reports (DSRs) are valid only when supported by empirical replenishment data. This judgment reaffirms the constitutional principles of sustainable development, precautionary action, and inter-generational equity, ensuring that environmental governance remains grounded in scientific integrity rather than administrative convenience. By holding state authorities accountable for procedural and scientific lapses, the Court strengthened the environmental rule of law and underscored that ecological protection is a fundamental aspect of the right to life under Article 21 of the Constitution. The decision also bridges statutory mechanisms under the Environment (Protection) Act, 1986, and the EIA Notifications of 1994, 2006, and 2016, making them practically enforceable. Ultimately, the ruling reinforces India’s commitment to the global framework of sustainable resource management under the Rio Declaration and the Paris Agreement, and serves as a powerful precedent against unscientific and unsustainable mining practices across the country. Key words : Environmental clearance; District Survey Report (DSR); Replenishment study; Sustainable development; Precautionary principle; Public trust doctrine; Inter-generational equity; Environmental rule of law. INTRODUCTION Environmental protection has evolved into one of the most critical constitutional and judicial concerns in India. Rapid industrialisation, urbanisation, and unscientific extraction of natural resources especially riverbed sand mining have caused alarming ecological degradation. This case, Union Territory of Jammu & Kashmir & Anr. v. Raja Muzaffar Bhat & Ors. (2025), epitomises the continuing tension between development and sustainability, and the judiciary’s determination to enforce scientific and precautionary principles in environmental governance. The judgment focuses on the indispensable requirement of replenishment studies before granting environmental clearances (ECs) for sand mining projects. It affirms that District Survey Reports (DSRs) the foundation for granting such clearances are valid only when they are backed by scientific replenishment data. The case thus strengthens India’s environmental jurisprudence by reaffirming the principles of precaution, sustainable development, and inter-generational equity. The ruling not only revisits the framework laid down under the Environment (Protection) Act, 1986, and the successive Environment Impact Assessment (EIA) Notifications of 1994, 2006, and 2016, but also connects them with earlier landmark rulings such as Deepak Kumar v. State of Haryana and State of U.P. v. Gaurav Kumar. It establishes that mere administrative compliance is insufficient—scientific integrity must underlie every decision affecting the environment. CITATION AND CAUSE TITLE Citation: Union Territory of Jammu & Kashmir (previously State of Jammu & Kashmir) & Anr. v. Raja Muzaffar Bhat & Ors., (2025) INSC 1025, decided on 22 August 2025. Long Cause Title: In the Supreme Court of India, Civil Appellate Jurisdiction, Civil Appeal No. 8055 of 2022 with Civil Appeal No. 68 of 2023 and Diary No. 1007 of 2025 Union Territory of Jammu & Kashmir & Anr. ………………………………………..(Appellants) -Vs.- Raja Muzaffar Bhat & Ors. ……………………………………………………………….(Respondents) Short Cause Title: UT of J&K v. Raja Muzaffar Bhat, (2025) INSC 1025. JUDGES AND OPINIONS The judgment was delivered by a Division Bench: Justice Pamidighantam Sri Narasimha Justice Atul S. Chandurkar The opinion of the Bench was unanimous; there was no dissenting judgment. The Court authored a detailed, reportable decision that spans the regulatory and legal evolution of environmental clearance norms and their application to sand mining operations. The Bench commended the National Green Tribunal (NGT) for its vigilance in enforcing the EIA regime and upheld the Tribunal’s decision to annul the environmental clearance granted to the project proponent. The Justices underscored that the District Survey Report (DSR), in absence of a replenishment study, lacks scientific validity and cannot serve as a basis for environmental clearance. SUMMARY OF FACTS The dispute emerged from three mining projects proposed along the Shaliganga Nallah in Budgam District of Jammu and Kashmir: Block 1:Driegam Bridge Downstream – Shaliganga Nallah Bed Mining Project Block 2:Banderpora Upstream – Shaliganga Nallah Bed Mining Project Block 4:Panzam Bridge to Trumbi Bridge (Lalgam) Downstream The project proponent applied for environmental clearance (EC) to extract minor minerals (sand and gravel) for use in a four-lane bypass project around Srinagar City, awarded by the National Highways Authority of India (NHAI). Initially, in January 2022, the Jammu & Kashmir Union Territory Expert Appraisal Committee (J&K UT EAC) rejected the proposals, citing over-exploitation of the sites and depletion of resources due to illegal mining. The Committee also observed that the District Survey Report (DSR) for the area had not been prepared according to prescribed guidelines and lacked essential replenishment data. However, after the project proponent obtained a “Fit for Mining Certificate” from the Geology and Mining Department in February 2022, the EAC revisited the proposal and recommended it for clearance. The State Environment Impact Assessment Authority (SEIAA) subsequently granted environmental clearance on 19 April 2022, but restricted the mining depth to one metre, acknowledging the absence of replenishment data. Aggrieved by this clearance, environmental activist Raja Muzaffar Bhat filed an appeal before the National Green Tribunal (NGT), arguing that: The EC was granted without addressing the earlier grounds for rejection. The DSR violated Rule 4(iv) of the J&K Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016. Mining was approved despite lack of replenishment studies and disregard for guidelines. The project proponent had already violated EC conditions by using heavy machinery. The NGT found the EC to be in violation of the Environment (Protection) Act, 1986, and relevant EIA Notifications, and accordingly set aside the clearance. The Union Territory of J&K and the project proponent appealed the NGT’s order to the Supreme Court. JUDGMENT OF THE SUPREME COURT Core

INDUSTRIAL DEMOCRACY IN TRANSITION: EVALUATING THE IMPACT OF THE INDUSTRIAL RELATIONS CODE, 2020

thelawwaywithlawyers@gmail.com October 11, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-28 ISSUE NO:- 28 , October 11, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By : Adv. Monica Madaan Co Authored by:- Arryan Mohanty INDUSTRIAL DEMOCRACY IN TRANSITION: EVALUATING THE IMPACT OF THE INDUSTRIAL RELATIONS CODE, 2020 Abstract This paper explores the transformative dimensions of industrial democracy within the Indian context through a rigorous assessment of the Industrial Relations Code, 2020. We initiate our discourse by scrutinising the fundamental construct of industrial relations, underscoring the intricate interplay among employers, employees, and governmental entities and their pivotal role in fostering workplace equilibrium and advancing workers’ rights. The impetus for reform was catalysed by the intricacies and disjunctions inherent in prior labour legislation, which frequently impeded adherence and inadequately mirrored the contemporary realities of the labour market. The Industrial Relations Code, 2020, positioned as one of the quartets of labour codes instituted by the Indian government, endeavours, to amalgamate and streamline principal legislative frameworks, encompassing the Trade Unions Act, 1926, the Industrial Employment (Standing Orders) Act, 1946, and the Industrial Disputes Act, 1947. Its prominent attributes consist of expedited provisions for the acknowledgement of trade unions, simplified mechanisms for the resolution of disputes, broadened applicability criteria for layoffs and retrenchments, alongside the introduction of fixed-term employment arrangements. This investigation evaluates how these reforms aspire to reconcile the dual objectives of facilitating business operations while safeguarding workers’ rights. We examine whether the Code engenders authentic industrial democracy or inadvertently fortifies managerial authority. By analysing its prospective ramifications on collective bargaining, job security, and the involvement of workers, we seek to ascertain whether this legislative transformation empowers labourers or diminishes their agency in the decision-making processes. Ultimately, this manuscript enriches the prevailing discourse surrounding labour reforms by examining how the Industrial Relations Code, 2020, may potentially redefine the future of work in India. Introduction An organisation operates through the combined contributions of two essential elements: technology and human resources. A defining feature of all industrial societies is their dependence on wage employment. In nations like India, a large population is searching for stable job opportunities and better industrial conditions. Nevertheless, effectively managing a workforce presents a complicated and demanding challenge. In the current environment, effective human resource management is crucial for the seamless operation of any organisation. Poorly managed employer-employee relationships can lead to misunderstandings and create toxic work environments. Such mismanagement can result in high employee turnover, increased indiscipline, lower productivity, and escalating operational costs, among other market-related challenges. The notion of industrial relations is formed by industry and relations. It pertains to the link between employers and employees within a work environment. In this sense, an industry includes any productive endeavour involving individuals or groups participating in production. Economically, it falls under the secondary sector and consists of essential elements like land, labour, capital, enterprise, materials, finances, human resources, and machinery. The word relations refers to the interactions and connections between the workforce and management in the industrial setting. Therefore, industrial relations delineate the overall relationship between employees and their employers, often from the broader interactions between trade unions and organisational leadership. In any organisation, different types of relationships naturally arise between employees and their employers, among the employees themselves, and even among employers. These interactions promote growth, cooperation, and a positive work environment across all organisational levels. Several key participants shape the structure of industrial relations, including workers, management, the government, employers’ associations, trade unions, and judicial entities like courts and tribunals. Industrial relations are a formal platform that encourages communication and collaboration among these groups within an agreed-upon set of norms and professional boundaries. Although numerous scholars have provided various definitions of industrial relations based on their viewpoints, a shared understanding is that it includes all interactions between employers and employees, influenced by legal, economic, and social factors. These relationships are not isolated but are greatly influenced by government policies, labour laws, and broader societal conditions. One viewpoint posits that industrial relations signify the overall dynamics between workers and management, primarily resulting from interactions between unions and management. Another perspective views it as the systematic administration of the employer-employee relationship, recognising the diverse factors and engagements that shape this professional connection. In the broader scope, industrial relations refer to the interactions among trade unions, employers, employees, and government entities. Labour and industrial laws together provide the framework for employment regulations. Employment law pertains to the legal structure that governs workplace relationships and the rights of employees. Labour law focuses explicitly on issues related to industrial relations and employment standards. Since labour is included in the Concurrent List (List III) of the Indian Constitution, the Central and State governments hold the power to legislate in this domain. Before 2020, India had an extensive array of labour laws, over 100 at the state level and more than 40 at the central level, each addressing different facets such as dispute resolution, employee welfare, social security, and wages. This multitude of laws resulted in administrative inefficiencies and obstructed the effective execution of labour welfare initiatives. The fragmented legal framework confused and posed a significant obstacle to adequately addressing workers’ rights. Recognising these issues, the Second National Commission on Labour (2002) emphasised simplification. It pointed out that inconsistent definitions and outdated provisions did not meet contemporary societal requirements. The Commission advocated integrating central labour laws into a cohesive code to enhance clarity, facilitate enforcement, and streamline the legal framework. In response to these recommendations, the government put forth four reformative bills in 2019 to consolidate 29 existing central laws. Among these was the Industrial Relations Code, 2020, which aimed to unify various disparate regulations into a coherent statute. These bills underwent scrutiny by the Standing Committee, leading to the introduction of revised bills in 2020. The Industrial Relations Code, 2020, signifies a significant reform as it standardises the regulations governing labour unions, employment conditions, and mechanisms for conflict resolution across various industries. It delineates the processes for resolving workplace disputes and aims

JUDICIAL BACKLOG: A CONTEMPORARY LEGAL ISSUE IN INDIA

thelawwaywithlawyers@gmail.com September 30, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-27 ISSUE NO:- 27 , SEPTEMBER 30, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :- Ayanika Mour B.A.Llb , 4th Year Department Of Law, University Of Calcutta (Hazra Campus) JUDICIAL BACKLOG: A CONTEMPORARY LEGAL ISSUE IN INDIA Abstract This article attempts to point out the relevance of judicial backlog. Judicial backlog is the problem facing by the Courts at present. Court backlog refers to the situation where unresolved legal cases that have been filed but not decided resulting from a situation where the rate of new cases files and pending cases exceeds the rate of cases being resolved or disposed of by the court system. The goal of this article is to examine the causes, consequences, various reforms and recent developments regarding judicial backlog, to promote equitable justice to all and a more efficient judicial system. This article further analyzes the present situation of Judicial system in India. Key words – Judicial Backlog, Judicial System, Supreme Court, High Court, Fast-Track Court, Subordinate or District Courts, Alternative Dispute Resolution, Judges. Introduction – Esteemed judiciary is a cornerstone of India’s constitutional democracy. It is currently battling a crisis of monumental proportions which is a persistent and growing backlog of cases that threatens the fundamental principle of timely justice. As the millions of cases are pending in the Supreme Court, High Courts and Subordinate Courts; the phrase “justice delayed is justice denied” resonates more profoundly than ever, eroding public faith and efficiency within the legal system. In India Judicial backlog is one of the most pressing problems facing by the court system at present. It threatens the faith in institutions, burdens the poor disproportionately, compromises fundamental rights and even impairs economic growth. This article will delve into its root causes, the devastating consequences for citizens and the economy and the urgent need for comprehensive judicial reforms to alleviate the immense burden on India’s justice delivery system and ensure the swift administration of law. Delay of cases in the Judicial System – Judicial delays can be considered as a significant challenge to the Indian Courts. For the delay in justice there are backlog of ongoing cases and overworked courts. The legal system in India is burdened by the volume of court proceedings, inadequate judicial resources and inadequate infrastructure. And litigants are enduring protracted waiting times which erodes their trust in the legal system and denies justice to those who need it. There are various factors which contribute to this problem of protracted judicial procedures. India has disproportionate number of judges compared to its population due to a chronic shortage of judges this problem has become worse. The current situation of the high courts and lower courts regarding vacant post is concerning. Increasing the number of judges and expediting the nomination process is required to ensure the justice is administered promptly. Complexity of the legal system is also a main factor which contributes to the extension of court delays. In our legal system outdated legislation and ineffective procedural impediments make it even worse. There are several laws which have not been even repealed or amended resulting in unnecessary complications and obstacles in the litigation procedure. Modernizing the laws and streamlining legal processes are essential steps to reduce court workloads and enhancing judicial effectiveness. Dimensions of the problem – Scale of Pendency – As of recent data India has over 50 million plus cases pending across Judicial hierarchy; Supreme Court, High Courts and Subordinate or District Courts. The bulk of this pendency nearly 85 to 90% is in subordinate or district courts of India. Special mention– Thousands of cases have been pending for decades, some even for over 30 years. Judges per capita –India’s judge to population ratio is about 21 judges per million people. Various expert bodies like law commission of India have recommended raising this to about 50 judges per million to bring courts closer to international standards. Vacancies and resource deficits – There a significant proportion of sanctioned and unfilled judicial positions. Other Courts stuff like clerks, stenographers, support personnel and infrastructure like courtrooms, record rooms, digital technology are also stretched. Nature of the cases – Cases range from simple civil disputes to serious criminal matters all types of cases are pending in India. Some categories mainly land or property disputes government litigation etc. form a large proportion of pending matters. There are many cases which are old, with witnesses no longer available, evidence lost etc. Judicial backlog in India – Supreme Court– 87,000 pending cases as of July 2025 of which a majority are at the admission stage. High Courts– 6.2 million pending cases, with states like Uttar Pradesh and West Bengal facing the heaviest load. District or Subordinate courts –Total 47 million cases are pending, accounting for nearly 85% of the backlog. Long delays– Over 1,80,000 cases pending for more than 30 years with the Calcutta High Court alone holding 94% of cases pending over 50 years. Causes of Judicial backlog – 1. Structural Causes – Shortage of judges and staff –In India the ratio of judges is very low and many positions are vacant. Inadequate infrastructure – Digital infrastructure and human resources like registrars, support staff beyond just judges and physical infrastructure like courtrooms, record rooms, transport are inadequate in our judicial system. 2. Procedural or Legal Causes – Complex procedures – The Civil Procedure Code, 1908 and Criminal Procedure Code, 1973 have not kept pace with the demands and volume of cases. Many aspects of the procedural codes allow for repeated adjournments, appeals etc. Frequent adjustments, delays, re-hearings – Lawyers often seek adjournments, evidence or witnesses may be missing, files may be misplaced or transfer of judges result in delays. These are the various factors of causing pending cases. Multiplicities of appeals– The Appeal system itself contributes to delay as cases go up to several layers before final adjudication. 3. Socio-cultural Causes – Rise in litigation – With growing

CONSTITUTIONAL MORALITY: A CHALLENGING FRAMEWORK

thelawwaywithlawyers@gmail.com September 26, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-27 ISSUE NO:- 27 , SEPTEMBER 26, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :- Anushree Gayen 4th Year , Department Of Law, University Of Calcutta (Hazra Campus) CONSTITUTIONAL MORALITY: A CHALLENGING FRAMEWORK Abstract: In any country laws are important and essential to uphold the social harmony and do common good around all over its area. In some circumstances, the concept morality assists as a defining object along with the rule of law. Any Constitution of a country creates the principles thorough which the people of that country are to be produced at the national level. This framed the three branches of the government such as legislative, executive and judiciary and simplified their respective functions, duties and acquaintances with the simple citizens. Basically, the concept Constitutional morality states that every person should be treated equally regardless of their sex, custom, religion etc. Like this concept demands that men and women should be treated equally and the women should not be objectified as a property of their husband and also it does not want any conflict between the citizens. So, overall, the concept Constitutional morality is a very crucial and important for achieving a socially, culturally, traditionally and politically moral society. Keywords: The Constitution, Morality, Law, Judicial system, Equality, Fundamental rights, Rule of law, Supreme Court of India. INTRODUCTION: Constitutional morality states to context to the fundamental principles of the Constitution, that comprise justice, liberty, equality, fraternity, secularity and the rule of law. This is a leading principle which assures that the works of the government and public line up with the standards and subject of the Constitution, rather than normally its written words. Constitutional morality is more discrete than statutory laws, that are static and can be unswervingly administered. It mandates esteem for the values of the Constitution although they combat with particular social norms, beliefs or practices. This intends to keep the integrity of democracy and assure the protection of fundamental rights. Constitutional morality is precisely enduring and acting in accordance with the principles of the Constitution in its genuine nature. It adds a liability to a comprehensive and independent political procedure which pleases both individual and social interests. The term ‘Constitutional Morality’ is not defined anywhere of our Indian Constitution but the term ‘morality’ is used some places in our Constitution such as two times in Article 19 and in Article 25 and Article 26. MEANING AND HISTORICAL ORIGINS: The perception of Constitutional Morality was at first familiarized by British Historian George Grote. This British historian applauded Cleisthenes’ democratic reforms in primeval Greece. In India, Dr. B.R. Ambedkar accentuated the value of the constitutional morality in the Constituent Assembly debates in 1948. He also refers that constitutional morality must be sophisticated to endure democracy. Dr. B.R. Ambedkar observed The Constitution of India as not just an important legal article but an instrument to administer democratic values in the societal norms. According to Dr. B.R. Ambedkar, “Constitutional morality is not a natural sentiment. It has to be cultivated. We must realize that our people have yet to learn it. Democracy in India is only a top dressing on an Indian soil which is essentially undemocratic.”1 He even said that Constitutional morality is inherently put together with The Constitution of India and also added that without morality the procedure would even cause irregularity. The judiciary system of India by its operation has been put forward a lot of principles and concepts determining the welfare and safekeeping of the citizens. Constitutional morality is one of those concepts introduced by the Indian Judiciary system which increasingly advanced over the last 10 years. It makes this term into a life-changing and continuing principle. In Kesavananda Bharti vs. State of Kerala2, The Apex Court stated to the Greek Historian Grote on the term Constitutional morality at the time of determining the power of the parliament to amend the basic structure of The Constitution of India. The concept of Constitutional morality has also propounded by the American legal philosopher Ronald Myles Dworkin whose assumption is based on the notion that the law is not only required to depend on formal rules, but also moral doctrines fundamentally. IMPORTANCE OF CONSTITUTIONAL MORALITY: 1 A quote from Annihilation of Caste Goodreads, https://www.goodreads.com/quotes/692976-constitutional morality-is-not-a-natural-sentiment-it-has-to (last visited Sept. 18, 2025) 2 Kesavananda Bharti vs. State of Kerala, AIR (1973) 4 SCC 225 The concept Constitutional morality is essential for lot of reasons which are following…. Preserving Democracy- The concept Constitutional morality intensifies the democratic framework of the nation by assuring that governance is established in justice, equality and respect for fundamental rights. Promoting and encouraging social justice- This concept safeguards minority rights and clashes with discriminatory practices, although they have social or religious acceptance. • Intercepting Majoritarianism- The concept Constitutional morality restrains the perils of majority superiority in society, assuring that laws and policies are made to safeguard every person, not just those in power or the preponderance. Guiding Judicial Interpretation- It assists the judiciary system in comprehending the Constitution of India in a manner which keeps up its essential doctrines and values particularly when statutory laws fall short of transporting justice. Esteems Indian’s Diversity- This assures a fair analysis of all groups. The National Education Policy (NEP), 2020 stimulates mother-tongue education, promoting cultural comprehensiveness. Fosters progressive reforms- The term Constitutional morality promotes affirmative social variations, like the permanent authority for women officers in The Indian Army in 2020. SOURCES OF CONSTITUTIONAL MORALITY: The sources of the concept Constitutional morality are following…. The Constitution- The essence of the concept Constitutional morality lies in Fundamental Rights of The Constitution of India (Articles 12-35), Directive Principles of State Policy of The Constitution of India (Articles 36-51) and Fundamental Duties under The Constitution of India. Constituent Assembly Debates- The conversations by Dr. B.R. Ambedkar and others endure to affect the enforcement of Constitutional morality. Ancient Frameworks- India fights against the colonial rule and actions for getting justice to build