CALL FOR PAPERS – Page 12 – THE LAWWAY WITH LAWYERS JOURNAL

Constitutional Implications of Emerging Technologies in Corporate Practices in India

thelawwaywithlawyers@gmail.com March 9, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-9 ISSUE NO:- 9 ,MARCH 20, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Constitutional Implications of Emerging Technologies in Corporate Practices in India Rolin Fernandes 2nd Year LL.B IFIM Law School, Bengaluru Abstract: The incorporation of novel technology into business operations in India bears significant constitutional ramifications that intersect with ethical considerations, regulatory frameworks, and fundamental rights. This abstract explores the complex interplay between technological innovation and constitutional ideals, with particular attention on privacy, data protection, equality, and freedom of expression. In the age of data-driven corporate activities, the right to privacy, guaranteed by Article 21 of the Constitution, becomes crucial. After the Supreme Court’s historic ruling in Justice K.S. Puttaswamy (Retd.) & Anr. v. Union of India (2017), privacy was acknowledged as a basic right, mandating strict data protection laws and regulatory supervision to protect people’s private information. Furthermore, concerns regarding algorithmic biases, discrimination, and fairness in corporate decision-making processes are raised by the junction of technology and equality under Article 14. The constitutional requirement to guarantee non-discriminatory practices is emphasized by cases like the State of Karnataka v. M.K. Balakrishna (1995), particularly when businesses use AI, machine learning, and big data analytics. Article 19’s guarantee of the freedom of speech and expression applies to corporations as they use social media, digital communication channels, and online platforms. In the context of developing technologies, striking a balance between corporate expression and moral principles and legal requirements—as highlighted in S. Rangarajan v. P. Jagjivan Ram (1989)—becomes imperative. Introduction: Global corporate practices have been profoundly altered by emerging technology, which has also changed company structures, industries, and social conventions. The introduction of technologies such as big data analytics, blockchain, and artificial intelligence (AI) presents significant constitutional implications in India, where the corporate landscape is changing quickly. Businesses that use these advances to improve productivity, decision-making, and competitiveness face complicated legal and ethical issues that are entwined with fundamental constitutional ideas. This article examines the consequences of developing technologies on privacy, data protection, equality, and fundamental rights in Indian corporate practices as they relate to the constitution. Constitutional Framework: The constitutional framework is essential for protecting individual rights, guaranteeing accountability, and fostering responsible governance in the context of emerging technologies in Indian corporate practices. When evaluating the constitutional implications of technical breakthroughs in the corporate world, the fundamental rights guaranteed in the Constitution serve as a framework. Right to Privacy (Article 21): As data-driven technologies have proliferated in business operations, the right to privacy has become a crucial concern. The Supreme Court has interpreted Article 21 of the Constitution, which guarantees the right to life and personal liberty, to include the right to privacy. Large-scale data collection, processing, and utilization by corporations necessitates adherence to constitutional requirements of privacy and data protection. Right to Equality (Article 14): The incorporation of developing technology like artificial intelligence and algorithms into business decision-making processes raises worries about potential biases and discrimination. Article 14 of the Constitution forbids discrimination based on several factors and ensures equality before the law. Businesses need to make sure that the constitutional rights to equality and non-discrimination are not violated by the use of technology in recruiting, promoting, and allocating resources. Right to Constitutional Remedies (Article 32): People who feel mistreated by companies using new technology have the right to use constitutional remedies to get redress. The Supreme Court can use writs including habeas corpus, mandamus, prohibition, certiorari, and quo warranto to uphold fundamental rights, according to Article 32. This acts as a means of holding companies responsible for any transgressions of fundamental rights about the adoption and application of cutting-edge technologies. Equality and Non-Discrimination: New technologies can reinforce prejudice and discrimination, especially when it comes to financing, hiring, and resource distribution. The Constitution’s Article 14 does not entertain discrimination based on sex, race, caste, religion, or place of birth and promotes equality before the law. To promote justice and inclusion in corporate activities, corporations must make sure that their use of algorithms and automated decision-making processes does not violate these constitutional obligations. The intersection of the constitution and emerging technologies in corporate practices in India Regulatory Compliance and Constitutional Principles: Ensuring regulatory compliance becomes crucial as cutting-edge technologies like blockchain, artificial intelligence, and big data analytics become ingrained in business processes. Constitutional values—especially those concerning equality, privacy, and freedom—must direct the creation and use of regulatory frameworks. While addressing the particular issues given by emerging technology, regulatory authorities like the Reserve Bank of India (RBI) and the Securities and Exchange Board of India (SEBI) are vital in establishing standards that are consistent with constitutional ideals. Data Protection and Privacy: Large-scale data collection, processing, and storage by corporations gives rise to serious privacy and data protection problems. By creating thorough data protection guidelines and legal frameworks, the Personal Data Protection Bill, 2019, aims to allay these worries. Corporations are required to establish strong data protection measures, get informed consent, and respect individuals’ sovereignty over their data to ensure compliance with constitutional standards, including the right to privacy under Article 21. Algorithmic Bias and Discrimination: Algorithms and automated decision-making systems can reinforce prejudice and discrimination in the workplace, especially against underrepresented groups. Corporations are required by Article 14 of the Constitution to eliminate algorithmic bias and provide fair and transparent decision-making procedures. Article 14 ensures equality and non-discrimination. Enacting strategies like algorithmic audits, diversifying data collection methods, and engaging stakeholders can assist in resolving these issues and maintaining constitutional values. Corporate Social Responsibility (CSR) and Ethical Considerations: New technologies present businesses with never-before-seen chances to increase production, profitability, and efficiency. They do, however, also bring up moral conundrums and issues with societal duty. Corporate companies are required to ensure that their technology projects conform with the Directive Principles of State Policy, which establish constitutional ideals like as environmental sustainability and social fairness. It is possible to guarantee that

Balancing Privacy and Data Protection in a Connected World

thelawwaywithlawyers@gmail.com March 5, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-9 ISSUE NO:- 9 ,MARCH 5, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Balancing Privacy and Data Protection in a Connected World Authored by :- Samriddhi Sinha Abstract: Privacy and data protection have emerged as critical concerns in the digital age, with the increasing collection, use, and sharing of personal information online. This article explores the various dimensions of privacy and data protection, including legal frameworks, technological challenges, and ethical considerations. It examines key issues such as surveillance, data breaches, and the balance between privacy and security. Additionally, it discusses the role of individuals, governments, and businesses in safeguarding privacy rights and promoting responsible data practices. Keywords: Privacy, data protection, surveillance, data breaches, legal frameworks, technological challenges, ethical considerations. Introduction: In today’s interconnected world, the proliferation of digital technologies has revolutionized the way we communicate, conduct business, and interact with the world around us. From social media platforms to e-commerce websites, our daily activities generate vast amounts of data, much of which is personal and sensitive in nature. As a result, concerns about privacy and data protection have come to the forefront of public discourse and policymaking. The aim of this article is to delve deeply into the multifaceted aspects of privacy and data protection, examining the legal, technological, and ethical dimensions of these issues. By exploring key concepts and debates surrounding privacy and data protection, this article seeks to provide a comprehensive understanding of the challenges and opportunities in safeguarding individual privacy rights in the digital age. 2. Main Content: 2.1 Legal Frameworks: One of the primary means of addressing privacy and data protection concerns is through legal frameworks and regulations. Various countries and regions have enacted laws to govern the collection, use, and sharing of personal data. For example, the European Union’s General Data Protection Regulation (GDPR) sets stringent standards for data protection, including requirements for obtaining consent, data minimization, and the right to erasure. Similarly, the California Consumer Privacy Act (CCPA) provides California residents with greater control over their personal information. Legal frameworks play a crucial role in establishing the rights and responsibilities of individuals, organizations, and governments concerning the handling of personal data. They provide clear guidelines for data protection practices, including the obligations of data controllers and processors, the rights of data subjects, and the penalties for non-compliance. Moreover, legal frameworks help to harmonize data protection standards across different jurisdictions, facilitating the global exchange of information while ensuring adequate safeguards for privacy rights. However, despite the existence of legal protections, challenges remain in effectively enforcing and implementing these frameworks. Compliance with complex regulations such as the GDPR requires significant resources and expertise, particularly for small and medium-sized enterprises (SMEs) and startups. Moreover, the rapid pace of technological innovation often outpaces the development of new laws and regulations, creating gaps in protection and leaving individuals vulnerable to emerging threats. In response to these challenges, policymakers must continuously update and strengthen legal frameworks to address evolving privacy risks. This includes expanding the scope of existing laws to cover emerging technologies such as artificial intelligence (AI), biometrics, and the Internet of Things (IoT). Additionally, enforcement mechanisms must be enhanced to hold organizations accountable for data breaches and privacy violations, ensuring that individuals have meaningful recourse in the event of harm. 2.2 Technological Challenges: Despite the existence of legal protections, technological challenges pose significant obstacles to ensuring privacy and data protection. The widespread adoption of digital technologies, such as social media, mobile apps, and Internet of Things (IoT) devices, has created vast data ecosystems where information can be easily collected, analyzed, and shared. This presents challenges in terms of securing data against unauthorized access, as well as protecting against data breaches and cyberattacks. Technological advancements have transformed the way data is collected, stored, and processed, presenting both opportunities and risks for privacy and data protection. On one hand, innovations such as encryption, anonymization, and secure data storage help to safeguard sensitive information from unauthorized access and misuse. On the other hand, emerging technologies such as facial recognition, predictive analytics, and machine learning raise concerns about surveillance, profiling, and automated decision-making. Moreover, the growing prevalence of connected devices and smart technologies introduces new vulnerabilities and attack vectors, increasing the risk of data breaches and privacy violations. For example, insecure IoT devices can be exploited by hackers to gain access to personal data, disrupt critical infrastructure, or launch large-scale cyberattacks. As more devices become interconnected, the potential impact of security breaches becomes increasingly severe, posing significant challenges for privacy and data protection efforts. Addressing these technological challenges requires a multi-faceted approach that combines technical solutions, industry best practices, and regulatory oversight. Organizations must implement robust security measures, such as encryption, authentication, and intrusion detection, to protect against cyber threats and data breaches. They should also adopt privacy-enhancing technologies and data protection measures, such as data minimization, purpose limitation, and privacy by design, to ensure that personal information is handled responsibly and ethically. Furthermore, collaboration between stakeholders is essential to address the complex interplay between technology, policy, and society. Governments, industry associations, and civil society organizations must work together to develop and promote standards, guidelines, and best practices for privacy and data protection. This includes fostering a culture of security and privacy awareness among users, empowering them to make informed decisions about their personal data and digital privacy rights. 2.3 Surveillance: Surveillance practices, both by governments and private entities, raise significant privacy concerns. Government surveillance programs, such as mass data collection and monitoring, have sparked debates about the balance between national security and individual privacy rights. Similarly, the widespread use of surveillance technologies by businesses, such as facial recognition and location tracking, has raised questions about consumer privacy and consent. Surveillance is a pervasive feature of modern society, enabled by advances in technology and the proliferation of digital communication networks. From closed-circuit television (CCTV) cameras

Cyber Crimes Against Women: An Indian Law Perspective

thelawwaywithlawyers@gmail.com February 20, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-7 ISSUE NO:- 7 , FEBRURY 20, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Cyber Crimes Against Women: An Indian Law Perspective Authors: Karnika Seth Book Reviewed by Mr. Radha Ranjan This book is written keeping in view the Indian Perspective. The author has written this book spanning over five chapters. It is been highlighted increased cyber-crimes is taking place in the country due to lack of awareness of different cybercrimes in the country. This aims to give a legal perspective in combating cybercrimes in India by analysing the different legal provisions prevalent. The book is written by Dr. Karnika Seth who is a renowned cyber lawyer and is a founding partner at Seth and Law Associates which is a law firm in New Delhi. The bifurcation of chapters is stated as below: Chapter 1: Introduction: The author gives a bird’s eye view of various legislations which are useful in combating the crimes against women under the Indian Penal Code, 1860, Information Technology Act, 2000, POSH Act, 2013, etc. It is said women are more vulnerable in becoming victims of cybercrime. The objective of committing cyber-crimes has been amalgamation of various factors: financial gain, sexual exploitation, and illegal gain. Chapter 2: Different Cybercrimes targeting women: The author has made different categories of various cyber-crimes such as Hate speech, harassment on social media, Voyeurism, cyberstalking, transmitting of obscene material, cyber defamation, morphing, virtual rape, Revenge porn, etc. Their respective legislative provisions and their penalties are highlighted. Chapter 3: Cyber-crimes against girl child: This chapter primarily deals with cyber-crimes against girl child, whereas the previous deals with women. Various provisions have been dealt with, i.e. Section 67B of the IT Act, 2000, etc. New cybercrimes have been dealt with such as sexting, online grooming and cyberbullying. Various International Conventions have been dealt with such as Convention on Rights of Child and CEDAW. Chapter 4: Case Studies on cybercrimes against women on India: The author has dealt with various case laws and case studies pertaining to cybercrimes against women with special reference to India. The following statutes have been dealt with, i.e. Indian Penal Code, 1860, Information Technology Act, 2000, Protection of Child from Sexual offences, 2012, etc. Chapter 5: Legal remedies to protect women against the cybercrime: The author intends to provide productive suggestions as to how to tackle the menace of cybercrimes against women. Legal remedies have been put forth by the author if a person is a victim of cybercrime. RESEARCH GAP AND PATH BREAKING INNOVATIVE RESEARH There are several research gaps presently in this book which is stated as below: The author hasn’t done a comparative analysis with various countries in order to provide holistic understanding of this subject. Really less scholarly or secondary sources of data has been referred to in understanding the nuances of cybercrime. Only few conventions have been cited such as CEDAW and CRC. Whereas the gap remains the author hasn’t mentioned about the Budapest Convention which is also called the Convention of Cybercrime doesn’t find its place within the book. The cybercrimes mentioned in the book is limited, there are other cybercrimes which haven’t been discussed in detail since the cyberspace is dynamic and evolving. In “Cybercrimes Against Women: An Indian Law Perspective,” Karnika Seth provides an incisive and captivating examination of the particular difficulties encountered by women in the digital sphere in light of Indian law. By carefully analysing legislative frameworks, case studies, and social norms, the author provides a thorough analysis of the nuances related to women being victimised online in India. Furthermore, Seth’s investigation on the sociocultural elements influencing cybervictimization offers insightful information about the underlying causes of gender-based cyberviolence. She contributes to our knowledge of the underlying societal injustices that support online harassment, cyberstalking, revenge porn, and other kinds of digital abuse against women by placing cybercrimes within larger gender dynamics and power systems. The book also emphasises the significance of multifaceted strategies that include cultural activities, technology advancements, and legislative changes in order to effectively tackle cybercrimes against women. Seth is a promoter of a multifaceted approach that emphasises victim assistance, education, and prevention in addition to the penal parts of cybercrime. In the fields of gender studies and cyber law, “Cyber Crimes Against Women: An Indian Law Perspective” is regarded as a classic. For legislators, lawyers, academics, and activists promoting gender equality and digital justice in India and beyond, Seth’s meticulous research and her sophisticated comprehension of social dynamics and legal complexity make this book a must-read. Seth’s work is an important and relevant resource for directing future research, policy, and advocacy efforts in this crucial topic of women’s safety and inclusion in digital environments. Mr. Radha Ranjan B.A. L.L.B. L.L.M Ph.D. Doctoral Research Scholar, Central University of South Bihar, Gaya (NAAC Accredited A++) (UGC-NET Law and Criminology Qualified) LL.M: National Law School of India University, Bengaluru LL.B.: Banaras Hindu University, Varanasi Residential Diploma in Client Satisfaction: Pontificia Universidad Católica De Chile BA (Hons.) in Spanish Language: The English and Foreign Languages University, Hyderabad

EXPLORING GENDER-INCLUSIVE LANGUAGE IN LEGISLATIVE DRAFTING: PROMOTING EQUALITY AND REPRESENTATION

thelawwaywithlawyers@gmail.com February 16, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-7 ISSUE NO:- 7 , FEBRURY 16, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com EXPLORING GENDER-INCLUSIVE LANGUAGE IN LEGISLATIVE DRAFTING: PROMOTING EQUALITY AND REPRESENTATION – Shristi Ranjan BSc LLB Gujarat National Law University 1 | P a g e ABSTRACT The goal of this research is to examine the role that language plays in promoting discrimination and inequities. This paper specifically discusses the use of gender-neutral legal language while crafting laws and the importance of doing so. It demonstrates how readily language can cause discrimination and inequality through specific examples and a comparative analysis that considers six different countries. This study offers a practical means of eliminating biases and offering greater and broader protection for human rights. It focuses specifically on gender neutral legal language. Every one of these experiences offers workable solutions to the issue of language-based discrimination, adding a distinct perspective to the discussion of legal language and drafting. Furthermore, while relevant issues exist in the various systems under discussion, the issues themselves have shown to be a suitable beginning point for an improvement in drafting and favouring equality and non-discrimination. The aim of the paper is to show that adopting alternatives to the legal language that is more gender inclusive can be a possible and effective measure to curb the long-standing societal prejudices towards marginalised genders. 2 | P a g e INTRODUCTION In the context of legislative drafting, language holds immense power and importance. A power that can shape and influence the behaviour of the society and at the time of necessity, holds the ability to uphold justice. But beyond the supposedly neutral language that makes up rules and regulations, there frequently exists a hidden world of prejudices and presumptions that can support inequalities. This research aims to investigate the role of gender-inclusive language in legislative drafting, its importance in promoting equality, and its ability to reshape the very foundation of legal systems. Gender prejudices have always been embedded in the judicial system, which has been a mirror of cultural norms. Traditional legislative texts have unintentionally excluded non-binary, transgender, and genderqueer people by using terminology that is gender-binary and does not accurately reflect our shifting understanding of human diversity. The absence of gender-inclusive language in legislative drafting fails to acknowledge the complexity of gender and promotes structural imbalances that harm marginalized people. When language is not consistent with the inclusive values that contemporary societies try to uphold, discrimination and unequal treatment develop deep roots in legal systems. The necessity to review and change legal language has taken on an unprecedented relevance in a time of increased awareness of gender diversity and a desire for equity. The use of terminology that is gender inclusive has the power to eliminate past prejudices, recognise the flexibility of gender, and guarantee that everyone in society, regardless of gender identity, is protected by the law. By assessing its current state, identifying best practices, and recommending strategies for its successful implementation, this research intends to get a thorough understanding of gender inclusive language in legislation writing. By doing this, it aims to bridge the gap between legislative language and societal advancement, promoting a more inclusive legal system. HISTORICAL BACKGROUND The historical evolution of gendered language in Indian legislation shows the colonial influences and current social conventions that have shaped legal frameworks. Gendered language, which excludes non-binary people and reinforces traditional gender roles has both 3 | P a g e repeated and maintained gender inequities throughout history. This section digs far into the past, charting the development of gendered language in Indian law. Indian legal systems were greatly impacted by British law while under British colonial rule. The gendered language of the English legal system made its way into the drafting of Indian legislation, thereby reinforcing patriarchal standards. The pronouns “he,” “him,” and “his” were frequently used in gender-neutral contexts with the assuming a male default.1 Laws from the colonial era, such the infamous “Sati Regulation” of 1829 and the “Age of Consent Act” of 1891, were framed in terminology that was gendered and mirrored the patriarchal prejudices of the day. These legislation further consolidated traditional gender roles by influencing the legal discourse on women’s rights and gender relations.2 Prior to independence, there was a surge in efforts to change the language used to create laws. Notably, social reformers like Dr. B. R. Ambedkar and supporters of women’s rights worked to modify language to be more inclusive. There is a rising understanding of the necessity for equal language, as seen by the adoption of gender-neutral terminology in some laws.3 After gaining independence, India embarked on a journey to establish a just and inclusive legal framework. The Indian Constitution itself, while revolutionary in many respects, still bore traces of gendered language. Although the Constitution’s preamble speaks of gender equality, the use of masculine terms like “he” and “his” continued to persist in various articles.4 An intentional attempt has been made in recent years to eliminate gender biases in the writing of legislation. In order to replace exclusive gendered terminology with more inclusive alternatives, many changes and legal reforms have been made. Gender-neutral wording is used in the “Domestic Violence Act” of 2005, for example, which acknowledges that both men and women can be victims and perpetrators of domestic violence.5 1 Choudhury, Cyra Akila. “Unsettling the Archival Politics of Legal History: Of Sultanas and Sati in Colonial India.” Journal of Law, Culture & the Humanities, vol. 9, no. 2, 2013, pp. 194-213. 2 Sarkar, Tanika. “Spectres of ‘Women’ and ‘Nation’ in Indian History.” Gender & History, vol. 21, no. 3, 2009, pp. 577-601. 3 Degraef, Véronique. “Signs. Journal of Women in Culture and Society, Vol 13, N° 2, Hiver 1988.” 1988. 4 Basu, Srimati. “Constitutional Practices and Gender Justice: A Feminist Reading of the Indian Constitution.” Economic and Political Weekly, vol. 33, no. 4, 1998, pp. WS9-WS16. 5 Desai, Tripta. “The Struggle for Gender Justice: Some Reflections on Indian Law.” Indian Journal

12 years of Nirbhaya case ,has anything changed ?

thelawwaywithlawyers@gmail.com February 16, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-7 ISSUE NO:- 7 ,FEBUARY 16, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com 12 years of Nirbhaya case ,has anything changed ? Abstract The issue of rape culture in societies, particularly in countries like India, remains a pervasive and deeply rooted challenge. Despite legislative reforms and high-profile cases like the Nirbhaya incident that prompted legal changes, the prevalence of sexual violence continues. The article highlights post-Nirbhaya legal amendments and subsequent cases, such as the Hathras and Unnao incidents, illustrating the persistent challenges in ensuring women’s safety. It calls for a comprehensive approach, suggesting measures like improving city safety, ensuring workplace and public transportation safety, implementing digital and cybersecurity measures, and proposing legal reforms. The article emphasises the need for societal changes, promoting enthusiastic consent, challenging toxic masculinity, and adopting a more inclusive and intersectional perspective. Recognizing the historical context of rape as a weapon of oppression, the article stresses the importance of listening to survivors, rejecting rape jokes, and engaging in active bystander intervention. It concludes by urging society to be proactive in addressing rape culture, fostering open conversations, and advocating for collective efforts to create a safer and more equitable environment for everyone. keywords Rape, Nirbhaya, case, legal, year, sections, courts, women, safety, sexual, brutal. INTRODUCTION A country like India who faced approx 200 years of cruelty , exploitation and salevry and got independence 77 years ago . Lots of law has been formed for every society and community even for individuals , but the question is are we really free ? Do we have freedom to move around freely ? Lots of questions are unanswerable logically but at least we can keep on asking questions until or unless every woman or man is safe in this country . Talking about women safety in our country women are not safe outside nor at home . So what is the point of all these women empowernment schemes ? According to the National Crime Records Bureau (NCRB), India reported 4,45,256 rape cases in 2022 a terrable data which is approximate 4% increase from 2020. This is an average of three rape cases per day, or about 87 cases per day.States like Rajasthan, delhi , Haryana , Uttar pradesh still have large numbers gender based crimes which includes specially women. The Nirbhaya Case Fact of the case On the chilly evening of December 16, 2012, a 23-year-old woman and her companion attended a movie, concluding their evening around 8:30 pm. Opting for an auto, they arrived at the Munirka bus stand, where they boarded a chartered bus en route to Dwarka, its white exterior concealing the impending horrors. Inside the bus, six individuals were already present when, suddenly, the lights plunged into darkness. The atmosphere turned ominous as three men directed abusive language towards the woman’s companion, sparking a heated altercation that escalated to a brutal assault with an iron rod, inflicting grave injuries. In the wake of the altercation, the assailants callously robbed the traumatized couple before subjecting the woman to a horrifying sequence of brutal rapes, each assailant taking turns. The victim endured both unnatural sexual acts and sustained severe injuries to her private parts due to the vicious use of an iron rod. Following the heinous acts, the perpetrators callously stripped the woman of her dignity and belongings, callously discarding both victims naked near National Highway no. 8. In a further display of cruelty, the accused attempted to run over the defenceless pair with the bus before making their escape. The incident stands as a harrowing testament to the depths of human depravity and the urgent need for justice and societal change. Protest for justice On 21 December 2012 India woke up with anger and grievance at India Gate and Raisina Hill, the latter being the location of both the Parliament of India and Rashtrapati Bhavan, the official residence of the President of India. Thousands of protesters clashed with police and battled Rapid Action Force units Demonstrators were baton charged. shot with water cannons and tear gas shells, and arrested. countless protests took place throughout the country. More than 600 women belonging to various organisations demonstrated in Bangalore. Thousands of people silently marched in Kolkata. Protests occurred online as well on the social networking sites Facebook and WhatsApp, with users replacing their profile images with a black dot symbol. Tens of thousands signed an online petition protesting the incident. The scenario of the country was heartbreaking, every protester was screaming for justice, but the three pillars of Indian democracy were silent and had no answer for all the questions people were asking them . ISSUES RAISED Whether the offenders should be punished with life imprisonment or death penalty? Whether the minor should also be punished for this heinous act or should be sent to juvenile home? Whether the scope of Section 375 should be expanded? ● Whether the rape laws present in the IPC should amended for good? PETITIONERs ARGUMENT The petitioner asserts that the case, having undergone a robust trial in the subordinate court, witnessed a parallel affirmation of the judgement by the High Court upon the respondent’s appeal. Pursuant to Article 137, the learned counsel representing the accused sought recourse in the Supreme Court through a review petition, contending that the judgement was marred by errors of fact. In an attempt to introduce a defence highlighting the absence of the offenders at the crime scene and disputing any link between the perpetrators and the crime, the petitioner’s assertions were dismissed by the court, which relied on the substantiated documents and proofs submitted by the state. Subsequently, the counsel pursued a Curative Petition, seeking relief for the aggrieved party even post the final judgement. However, the Supreme Court, guided by considerations for the nation’s welfare, the imperative to deter future crimes, and the preservation of judicial integrity, rejected the plea. The final recourse employed was a Mercy Petition, filed before the President of India, who possesses the

CONSTITUTIONAL VALIDITY OF RESTITUTION OF CONJUGAL RIGHTS

thelawwaywithlawyers@gmail.com February 15, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-7 ISSUE NO:- 7 , FEBRURY 15, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com CONSTITUTIONAL VALIDITY OF RESTITUTION OF CONJUGAL RIGHTS CONSTITUTIONAL-VALIDITY-OF-RESTITUTION-OF-CONJUGAL-RIGHTS Nandini KT B.B.A.,LL.B(Hons.) CMR University, School of Legal Studies ABSTRACT In a world that’s moving towards independence and more emphasis on individual freedom and privacy,there are still laws that holds on traditional values,there is a massive debate on whether it is the right time to give up those laws and evolution of such laws.One such traditional law is the Section 9 of Hindu Marriage Act,1955 which talks about restitution of conjugal rights.Restitution of conjugal provides that where either the husband or the wife has without reasonable cause withdrawn from the society of other, the aggrieved party may apply to the District Court by filing a petition for Restitution of Conjugal Right.The significance of conjugal rights in a marriage is recognized by numerous provisions of Indian personal law. “Restitution of Conjugal Rights” is a legal clause that enables the offended party to restore cohabitation against a spouse who withdrew without cause. It’s frequently thought of as a strategy to keep a marriage intact. Marriage imposes various marital obligations and grants each spouse legal rights under all matrimonial laws.There are two opposing views in the debate over whether or not this regulation is constitutional. One is the conventional perspective, which maintains that marriage is a social institution held together by conjugal rights. Contrarily, the present viewpoint views marital rights as being intrusive, unlawful, and in violation of fundamental human rights. A kind of personal liberty infringement and consequent violation of their right to life is the court’s involvement in the enforcement of the spouse’s right to have their married status restored.Thus,this article will focus on the violations of fundamental rights by Section 9 of Hindu Marriage Act,1955 and will also discuss the differences in the Indian Personal Laws. KEYWORDS: Restitution, Reasonable Cause, personal liberty, Conjugal Rights INTRODUCTION – HISTORICAL OVERVIEW OF RESTITUTION OF CONJUGAL RIGHTS For Indian matrimonial law, which has its roots in Jewish law, the remedy of restitution of conjugal rights is novel. Up until the British introduced it, the remedy was unknown to Hindu Law. In actuality, it is the sole matrimonial remedy that was made available to all communities in India under general law during the British era. After independence, the Hindu Marriage Act of 1955 included this remedy. According to Paras Diwan, neither the Dharmashastra nor Muslim law established any provisions for the remedy of restitution of conjugal rights. The idea of restoring conjugal rights has its roots in feudal England, where unfortunately a man’s wife was seen as a chattel, much like his other possessions. In the 1867 decision of Moonshee Buzloor Ruheem v. Shumsoonissa Begum, where these acts were treated as grounds for specific performance, the idea of restitution of conjugal rights was introduced to India.The Privy Council initially enacted it in India in 1866, and it eventually made its way into the personal laws through judicial interpretation and legislative action. RESTITUTION OF CONJUGAL RIGHTS Marriage is regarded as the most holy rite in Hindu Law. Both the husband and the wife are required to fulfill specific rights and obligations as a result of the Saptapadi ceremony during their marriage. These obligations and rights are known as conjugal rights, and they include things like living together as husband and wife, having children, raising a family among other duties.The idea of restitution of conjugal rights is unleashed by Section 9 of The Hindu Marriage Act, 1955. Section 9 can be interpreted as a means of preserving the sanctity of a marriage and as an extension of Section 23’s Subsections (2) and (3), which encourage court-ordered reconciliation. According to Section 9 of the legislation, the aggrieved party may file a petition for restitution of conjugal rights at their discretion if either the husband or the wife withdraws from the other’s company and society without a valid reason.He may submit a petition to the district court, and if the district judge is persuaded that the information in the petition is accurate and there is no valid reason why the application should not be granted, the district judge may issue a decree of restitution of conjugal rights.The following criteria must be met in order to get a decree: The other spouse has left the petitioner’s society. There isn’t any reasonable justification for such a withdrawal. The respondent has the burden of evidence if they claim a valid basis for doing so. The petition’s assertions have been accepted by the court. There are no legitimate reasons to reject issuing the decree. Burden of Proof According to a legal norm known as the burden of proof, the parties must show that a claim is true or false based on the facts and supporting evidence. The petitioner has the initial onus of proof in a case of restitution of marital rights. The petitioner must demonstrate that the respondent left the petitioner’s social circle without justification. The onus of proof transfers to the respondent to establish that the petitioner’s departure from society was due to a justifiable excuse or cause if the petitioner is successful in carrying its burden. Only when a husband and wife are legally wed and one of them has irrevocably left the other’s society without good cause is this right granted.The necessity of regaining conjugal rights is a topic that generates debate every year. While some see it as a terrible release, others see it as a beneficial cure. Both are combined in it. While it is a tool used to protect marriages, which are considered to be more sacramental than a contract or any other thing in countries like India, it is a negative relief because it forces a person to stay with the other person against his or her will, violating their right to personal liberty. On the other hand, it is considered to

IPR IN THE DIGITAL ERA

thelawwaywithlawyers@gmail.com February 10, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-7 ISSUE NO:- 7 , FEBRURY 10, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com IPR IN THE DIGITAL ERA Abstract: In this article, we’ll explore why IP matters, the different types of intellectual property, and how to guard your creations in the digital age. So, whether you’re a content creator, a business proprietor, or just someone interested in the world of intellectual property, read on to discover why it’s so important to safeguard your ideas and creations in the present digital landscape. Key words: Intellectual Property Rights, Digital Intellectual Property, digital world, safeguard Introduction: Intellectual Property Rights (IPR) is legal safeguards granted to individuals or for their creative or inventive works. These exclusive rights, encompassing patents, copyrights, trademarks, and trade secrets, empower generators to control the use of their intellectual creations, thereby fostering invention. Patents give formulators exclusive rights to their inventions for around 20 years, while copyrights guard the original workshop of authorship for a specified duration. Trademarks guard symbols and names, enabling consumers to identify the source of goods or services. Also, trade secrets involve private business information that offers a competitive advantage. In India, IPR protection is vital for stimulating invention, profitable growth, and artistic development, with laws similar to the Patents Act, Copyright Act, and Trademarks Act in place to regulate and uphold these rights. Enforcement of these laws is vital for maintaining a fair and competitive atmosphere for generators, innovators, and businesses. Intellectual Property and Intellectual Property Rights : Refers to unique creations of the mind, similar to inventions; cultural workshops; designs; and symbols, names, and images that are used in commerce. The description of intellectual property rights is any rights associated with impalpable means possessed by a person or company and defended against use without concurrence. Impalpable means can be appertain to as non-physical property, which also includes the right of power in intellectual property. Illustration of IPR Trademarks Brand Patents nonpublic information workshop of authorship Business or trade names Inventions Database rights Design rights sphere names Artificial design Computer software Moral rights ensigns marketable secrets Service marks elaboration of IPR The conception of guarding intellectual creations can be traced back to ancient societies, but the formal development of ultramodern intellectual property laws began in the 17th century. Background of IPR: The Statute of Monopolies (1624) was a pivotal turning point in the elaboration of intellectual property law passed. The Statute of Anne (1710) in 1710 the Parliament of Great Britain passed an act that was first brand regulated by the Government and Court Industrial Revolution and Patent System. The Industrial Revolution brought numerous technological changes due to which more formalized styles were introduced to cover artificial invention. The patent system provides the abecedarian institutional foundation of the Industrial Revolution. Internationalization of Intellectual Property Protection As global trade expanded, the need for transnational norms in intellectual property protection became apparent. In 1883 saw the signing of the Paris Convention for the Protection of Industrial Property. 20th Century Developments: The 20th century saw the establishment of major transnational associations devoted to intellectual property, similar to the World Intellectual Property Organization (WIPO) in 1967. Agreement on Trade-Related Aspects of Intellectual Property Rights (passages) was espoused to harmonize intellectual property laws encyclopedically. Digital Age Challenges With the arrival of the digital age, new challenges surfaced for intellectual property protection, especially in the realms of brand and patents. The Internet and digital technologies have needed ongoing adaptations to intellectual property laws to address issues like online pirating and digital rights operations. Digital IPR: Intellectual Property in digital format. Businesses produce, handle, and store some type of Digital Intellectual Property, like prints, software, databases, videotape, audio, and numerous further. All these are used by businesses for marketing products, launching new brands, company secret formulas, and rendering. These are the Digital means. Detailed Explanation of “Digital Asset” It’s a mask term to cover everything that a company, person, or other holds their right in the form of digital format. Film and Video Software Graphics Drawing Original Music Brand Publication Websites Photos DRM, Digital Rights Management technologies insure brand by guarding the content, controlling access to the work, and icing safe payment for access. DRM didn’t allow the illegal stoner to pierce and your date is defended by the username and word, licensing agreement. Another way to cover digital intellectual property is through Technical Protection Measures. It allows publishing companies to secure and cover content similar to music, videotape, and textbook from unauthorized druggies. In the moment’s digital period along with trademarks, patents, and imprints, digital tools are also introduced to guard digital intellectual property such as Cryptography, Digital Watermark Technology, Digital hand Technology, Electronic Marking, and Security Features of Operating Systems. Detailed word on all the tools is as follows Cryptography It’s the oldest medium employed to insure the security and sequestration of information over the network, involving translated information that’s unfit to be read, only a licit stoner can decipher and read the information. Digital Watermark Technology: A Digital watermark, just analogous to a television totem, fits into the digital document with certain patterns or signs, which show the applicable details of power or brand authorization. This is substantially used in the multi-media world. The legal proprietor can remove the watermark with the proper algorithm. Digital hand Technology this is substantially used for digital products and it includes sender/ receiver date, day, time, identity, unique canons, marking, and eventually binding software for specific clients. Digitally inked fingerprints make sure that data is authentic and help unauthorized copying. Electronic Marking System automatically induces unique marks which are tagged on every document dupe. Used to cover brand as well as electronic publishing where documents are published. Security Features of Operating System Windows 2000 Professional, Windows 2000 Garcon, and MS- SQL Garcon operating systems incorporate unique security and integrity features for securing lines and data. Digital IPR Review: Digital intellectual property protection styles, like garbling, encryption, and watermarking, have enhanced security against

Artificial intelligence in Alternative Dispute Resolution

thelawwaywithlawyers@gmail.com February 10, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-7 ISSUE NO:- 7 ,FEBUARY 10, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Artificial-intelligence-in-Alternative-Dispute-Resolution- Abstract: This article’s main aim is after COVID-19 digital usage is more compared to the past. Using technology in all day-to-day activities why not in the legal industry? Humans make mistakes or disputes arise over time then for justice to go to court the filing of cases has increased in recent times these have caused a burden on judges to solve. To solve petty cases and other Alternate Dispute Resolution (ADR) is the best solution to get justice in a short period, use of AI in Alternative Dispute Resolution (ADR), so too will new AI regulations impact Alternative Dispute Resolution (ADR), among other reasons, because Alternative Dispute Resolution (ADR) is earlier exercising Artificial Intelligence (AI) and will gradually use Artificial Intelligence (AI) in the future. Suitable Artificial Intelligence (AI) regulations should therefore profit Alternative Dispute Resolution (ADR), as the executive approaches in both fields participate in multiple of the same aims and values, such as promoting responsibility. Keywords: Artificial intelligence (AI), online dispute resolution, Alternative Dispute Resolution (ADR) Introduction: The pandemic pushed us to consider our relationship with technology and embrace it in our work. The rapid-fire relinquishment of innovative technology leads to the question of whether Artificial Intelligence (AI) will make other inroads into Alternate Dispute Resolution (ADR). Aspects of machine literacy are formerly integrated with advocates’ practices and Alternative Dispute Resolution (ADR). Algorithms help advocate exploration issues in a bit of the time it would have taken in the library. Judges have started to incorporate Artificial Intelligence (AI) to help with sentencing opinions. Legal technology start-ups claim the capability to read case issues. Massive document review systems can be expedited significantly. Machine education and Artificial Intelligence (AI) have progressed so far that their integration into the arbitral process seems inevitable, with the only question being a matter of time and degree. Working process of Artificial Intelligence(AI) in Alternative Disputes Resolution (ADR): Artificial Intelligence (AI) can work in 2 ways Artificial Intelligence (AI) can be a tool for the neutral AI can be the neutral itself in the first system – AI can help in examining documents, exploration, and standard drafting. Artificial Intelligence (AI) can also be used to make an estimation of the issues, evaluate damages, determine untruths, and propose probable results. Therefore, mortal decision-makers could consult the AI on an aiding base for simplified and speedy Alternative Dispute Resolution (ADR) proceedings. In the alternate system – Both parties can be asked to put forward their last, best offer, and the algorithm would look into its database and see which offer is closest to its model result. This would also prompt the parties to put rational offers so that the Artificial Intelligence (AI) chooses their offer over that of the other party’s. This design plays to algorithmic specialties and shuns subjective questions that might trip it. Pros and Cons of Artificial Intelligence in Alternative Dispute Resolution: Pros and cons of Artificial Intelligence (AI) in Alternate Dispute Resolution (ADR) are mentioned as follows: Amplification of the Process: The easiest way of using an AI would be at the first stage of the session. The machine may answer questions and address queries as to how the Alternate Dispute Resolution (ADR) process would do. A robotic machine can repeat analogous material multitudinous times without growing irascible as a human neutral might. Time Effective: One of the objectives of Alternative Dispute Resolution (ADR) is to save time in comparison to litigation. Still, attorneys are frequently burdened with no way – ending attestation and exploration work, which is to be finished in a veritably short time frame. An Artificial Intelligence (AI) can organize data analysis and exploration and hence, lessen the burden on individuality. Cost-Effective: Although the primary setup would be huge, once the Artificial Intelligence (AI) becomes functional it would be a much cheaper choice than traditional human-based resolution. Disclosing Sensitive Details: Some people might be more content sharing their private information with a robot rather than a person. A robot cannot judge anyone which might make people open to that change. Attestation: Alternate Dispute Resolution (ADR) is a shorter process as compared to litigation, which makes AI particularly salutary in lowering the attestation workload. AI can help in quickly assessing and choosing the material documents, or for making summaries of the documents. Drafting: Judges spend a lot of time drafting standard sections of arbitration awards, similar to – the parties, procedural history, and the clause of arbitration, governing law, party’s positions, and the cost of arbitration. No scope for Bias: The judgments given by an Artificial Intelligence (AI) system would not be affected by human sins such as partiality, unfairness, immoderation or just having a bad day or being tired. It also takes care of other human inclinations, similar to relying on the first piece of information entered or being told by the external surroundings or the other cases the arbitrator dealt with. No Conflict of Interest: Where robots are assigned rather than human judges, there would be no grounds for querying the judges on grounds of partiality or a conflict of interest. No Scope for Errors: There are chances that Human Arbitrators can make misdoings in understanding, translating, attestation, selection of authority, decision timber, etc. Using Artificial Intelligence (AI) at several stages or in different jobs can help in barring the shortages in the process of arbitration. Replacing attorneys: It’s an intimidating outlook for legal professionals that the technology which was first developed to help them may one day deprive them of their jobs! There would only be a need for smaller people to make the Artificial Intelligence (AI) system functional and the employment rate of intercessors, and judges would drop. Challenges and Ethical Considerations: The use of Artificial Intelligence (AI) in Alternative Dispute Resolution (ADR) must be precisely managed to address these ethical firms. Ensuring the integrity of Artificial Intelligence (AI) algorithms is vital,

LEGALITY OF CAPITAL PUNISHMENT

thelawwaywithlawyers@gmail.com January 22, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-7 ISSUE NO:- 7 , JANUARY 22, 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com LEGALITY OF CAPITAL PUNISHMENT – Koushlendra Singh Bhadoriya B.A LLB School of Legal Studies (L.N.C.T UNIVERSITY) ABSTRACT Capital Punishment is famously known as death penalty, it is considered as one of the Supreme punishment awarded to an offender. Death penalty is a punishment in which a person is deprived from his life by the due process established by law means its a lawful act by which a person’s life is taken away and this crucial act is a consequences of his offence that has been committed by him. Many countries and societies still uses this punishment for punishing various offenders who has committed serious crimes while many countries have abolished this because they thought that it is an evil practice. There were many debates on the topic of capital punishment. Whether it is right or wrong, whether it is needed or not, capital punishment is an ancient phenomenon that has been going on for ages, and this punishment is used to deter individuals from doing offenses in society and to make peace, law, and order in society. 1.INTRODUCTION 1.1 OVERVIEW Capital punishment is also known as the death penalty; this is the most severe punishment that can be awarded to a person for committing a crime. The death penalty is only given to those offenders who have committed a very heinous crime; otherwise, there are many other ways in which a person can be punished by the law. To maintain law and order in society, it’s important to punish the offender according to the crime that he has committed. If the crime is not that grave in nature, then the offender may only be subjected to imprisonment or a fine, or in some cases, both can be awarded to the offender with respect to the circumstances of the case. Its a debatable topic whether capital punishment is immoral, unnecessary, or needed for securing society’s interest when someone has performed an atrocious crime. There were many cases that came before the apex court of the nation about the constitutionality of capital punishment, and the court said that capital punishment is constitutionally a valid punishment, but it has to be served to the offender in the rarest of the rare scenarios. There were many crimes listed in many acts of our nation, and every crime has its own consequences according to the law when committed. Some of the crimes listed in the act’s are not that grave in nature; they are more likely to be ordinary in nature, while some crimes that have been discussed in our penal code are of very high intensity, such as murder, rape, etc. The intensity of the crime here is the most important factor that is responsible for the punishment that has been awarded to the offender. If the offense that has been committed is ordinary in nature, then it will amount to a simple punishment such as a very short term of imprisonment, a fine, or both, but if the offense is severe in nature, then it is up to the courts to decide the intensity of the punishment with respect to the prevailing laws of the nation. 1.2 HISTORICAL BACKGROUND When we talk about the historical background of capital punishment, it can be traced back to the eighteenth century B.C. in the Code of King Hammurabi of Babylon, wherein the king “Hammurabi” codified the death penalty for 25 different crimes. This is all the codification of capital punishment, made just to deter the public from committing various crimes that were taking place in Babylon at that time. The death penalty can also be outlined in the Draconian Code in Athens, which made the death penalty compulsory for all types of crimes committed. If we talk about the historical background of the death penalty with respect to India, then it can be traced back to the period where our present India is divided into many princely states and territories of various kingdoms. Each of the kingdoms has its own rules and regulations that help the kings govern their princely states. Many of the kingdoms have the death penalty, which is to be given to the offender in various ways, but after the invasion of Britishers, the scenario changed, and there was the establishment of the first law commission during colonial rule in India by the East India Company under the Charter Act of 1833. The first law commission was presided over by Lord “Thomas Babington Macaulay.” The first law commission drafted the Penal Code for India, which is Indian Penal Code 1860 Act Number 45 of 1860, which contains the codified provision of the death penalty.The death penalty is not a new punishment; it has been in the law for ages. Many rulers have various methods of giving the death penalty to those who have committed offenses that amount to capital punishment. Many people agree that it is an inhumane practice, while many others are in favor of it. The death penalty is a punishment that has a severe impact on society, as it is not an easy task to take someone’s life, but on the other hand, it is important to punish the offender because there are crimes that are too severe in nature, such as genocide, terrorist attacks. Here, we can’t compromise the security of the people living in society, and for delivering justice, it’s important to implement harsh punishment on the offender who has performed a very serious crime. 2.LEGAL FRAME WORK 2.1 LAWS GOVERNING CAPITAL PUNISHMENT IN INDIA Any type of punishment or penalty that is being imposed on the offender is imposed on him by the courts, and these courts impose the penalty or punishment according to the procedure established by law. There was much legislation passed by the parliament, and there was also much legislation being introduced by the British. The

LAWS PERTAINING TO THE RIGHT TO DIE, ESPECIALLY EUTHANASIA IN INDIA

thelawwaywithlawyers@gmail.com January 22, 2024 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-7 ISSUE NO:- 7 , JANUARY 22 , 2024 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com LAWS PERTAINING TO THE RIGHT TO DIE, ESPECIALLY EUTHANASIA IN INDIA – Angelin Subiksha Government Law College, Vellore ABSTRACT In India, the issue of the “Right to Die” is still deeply entwined with moral and legal difficulties. This study explores how the law has changed in relation to this delicate subject. To provide a nuanced understanding of the present legal status of the “Right to Die”, particularly with regard to Euthanasia in India, the paper carefully examines arguments made by supporters and opponents and judicial precedents, drawing upon significant Supreme Court rulings such as Aruna Shanbaug and Common Cause. It also highlights the difficulties in navigating this complex issue. KEYWORDS Right to die, Indian penal code, Section 306, Section 309, Article 21, Euthanasia, Suicide, Living will, Right to life, Abetment to suicide, Mercy killing. INTRODUCTION Human rights are universal rights that every human is entitled to without any discrimination. The right to life is one of the significant human rights. The right to life is protected by Article 21 of the Indian Constitution as one of the fundamental rights. It reads as follows “No person shall be deprived of his life or personal liberty except according to procedure established by law”. This right is applicable to every person including foreigners and it cannot be suspended even during the emergency period. The Court through its judgements concluded that the Right to life comprises the right to a clean environment, right to privacy, right to shelter etc and expanded the scope of Article 21. However, there has always been a difference of opinion when it comes to adding the right to suicide and the right to Euthanasia under the right to life. DIFFERENCE BETWEEN SUICIDE, MAID, AND EUTHANASIA Suicide means deliberately taking one’s own life by various methods. The common methods of suicide are hanging and poisoning. Suicidal thoughts can arise because of psychological stress or physical illness. Notably, many of the attempted suicides were a quick reaction to the negative happenings or situations in life. It is distressing that these impulsive suicide attempts might have been averted if the individuals had taken some time, as most of the problems cited as the reason for suicide are resolvable. Section 309 of the Indian Penal Code Section 309 of the Indian Penal Code, 1860 continues to be one of the controversial provisions of IPC. Anyone found guilty of attempting suicide faces a simple imprisonment sentence of up to one year, a fine, or both. However, Section 115 of the Mental Healthcare Act of 2017 provides an exception to section 309 of IPC by insisting the government not to punish but provide care, treatment and rehabilitation to the person to reduce the risk of recurrence of attempt to commit suicide. Bharatiya Nyaya Sanhita (BNS), the new criminal bill passed as a replacement for IPC implies that attempting suicide with the intent to compel or restrain any public servant from discharging his official duty is punishable under Section 226. Medical Assistance in Dying (MAID) involves consuming or injecting lethal drugs by oneself with the assistance of someone, usually a medical professional, to end one’s life. Another name for it is physician-assisted suicide. In India, it is illegal and punishable under Section 306 of the IPC as abetment of suicide with fine and imprisonment which may extend to 10 years. In order to constitute abetment under this section, the accused must have intended to aid, instigate, or abet the deceased to commit suicide. Euthanasia means ‘mercy killing’. The term owes its origin to Greek words ‘Eu’ (good) and ‘thanatos’ (death). Euthanasia is taking the life of a person or hastening their death in order to put an end to the pain and suffering caused by terminal illnesses. TYPES OF EUTHANASIA Active Euthanasia – A fatal drug is injected into the body of a person in this type, resulting in their death Passive Euthanasia – In the case of a patient on artificial life support, the support will be withdrawn, resulting in death Voluntary Euthanasia – When a patient chooses to end their life, they do it voluntarily at their will Non-voluntary Euthanasia – If the patient is unable to give consent, Euthanasia is performed with the family’s or relatives’ approval. Indirect Euthanasia – Medications that reduce unbearable pain but shorten the patient’s lifespan will be administered to the patient JUDICIAL PRECEDENTS REGARDING ‘RIGHT TO DIE’ State vs. Sanjay Kumar Bhatia, 1985 – Due to excessive emotionalism, a young man made an attempt at suicide. The Delhi High Court said that, ‘in this age of votaries of Euthanasia , the continuance of punishing attempt to suicide is an anachronism unworthy of a human society like us’ and held Section 309 constitutionally invalid. State of Maharashtra vs. Maruti Shripati Dubal, 1986– A police officer attempted to self immolate by pouring petrol on himself and lighting matchstick. Prior to this he met with an accident that caused him a head injury and made him mentally unstable. The High Court of Bombay held the Section 309 of IPC is discriminatory, arbitrary, and unconstitutional and quashed the criminal proceedings against him. Chenna Jagadeeshwar vs. State of Andhra Pradesh, 1988 – A doctor murdered his four children and attempted suicide along with his wife. The provision punishing attempt to suicide was challenged and argued that Article 21 includes ‘Right to die”. The High Court of Andhra Pradesh rejected the argument and upheld the constitutional validity of the provision in issue. Naresh Marotrao Sakhre vs. Union of India, 1994 – A writ petition was filed before the High Court of Bombay requesting declaration of Section 306 as unconstitutional. The Court stated that, since suicide or suicide attempt is not an offence, a person who has committed suicide or attempted to commit suicide is not considered to be a principal offender and the analogy that if