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ODR IN E-COMMERCE AND CONSUMER DISPUTES: ROLE OF PLATFORMS AND LEGAL GAPS

thelawwaywithlawyers@gmail.com April 18, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-21 ISSUE NO:- 21 , April 18, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :- Agam Sharma ODR IN E – COMMERCE AND CONSUMER DISPUTES: ROLE OF PLATFORMS AND LEGAL GAPS ABSTRACT Online Dispute Resolution (ODR) has emerged as a pivotal mechanism for resolving consumer disputes in the digital economy. In India, the rapid growth of e-commerce has spurred legal mandates under the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020 to institutionalize ODR for consumer grievances. This paper examines the current legal framework for ODR in India’s consumer protection regime, analyses how major e-commerce platforms like Amazon and Flipkart implement ODR processes, and identifies key legal and institutional gaps, including issues of standardization, enforcement, data privacy, and digital inclusion, that hinder the ODR ecosystem. The discussion is informed by empirical data from government and industry reports, and a comparative analysis with the mature ODR frameworks of the European Union and Singapore. Finally, the paper offers recommendations for policy and regulatory reforms to strengthen ODR in India, aiming to make digital consumer justice more accessible, effective, and fair. Keywords: Online Dispute Resolution, E-commerce, Consumer Protection, Legal and Institutional Gaps INTRODUCTION: The proliferation of e-commerce in India has transformed the consumer marketplace, but it has also led to a surge in consumer grievances ranging from defective products and delayed deliveries to fraud and unfair trade practices. Traditional litigation or consumer court processes for such disputes are often time-consuming and costly, which can discourage consumers from pursuing redress. In this context, Online Dispute Resolution (ODR) i.e. the use of technology to facilitate out-of-court dispute resolution through methods like negotiation, mediation, or arbitration offers a promising alternative for timely and cost-effective justice. ODR enables consumers and businesses to resolve conflicts virtually, leveraging digital communication tools and platforms. The need for ODR in India is accentuated by the overburdened judiciary (with millions of cases pending) and the rising number of disputes born out of digital transactions. By handling high-volume, low-value claims efficiently, ODR can help fill the “access to justice” gap for consumers and also lighten the load on courts.[1] Recognizing these benefits, Indian lawmakers and regulators have begun embedding ODR mechanisms into consumer protection laws and policies. The Consumer Protection Act, 2019 and the associated Consumer Protection (E-Commerce) Rules, 2020 introduced important mandates to protect online consumers and encourage grievance resolution through technology. At the same time, major e-commerce platforms such as Amazon and Flipkart have developed their own internal systems to address customer complaints and disputes online, effectively functioning as private ODR systems for consumer issues. Despite these developments, significant legal and institutional gaps remain in India’s ODR landscape. There is a lack of standardization across platforms, uncertainties in enforcement of ODR outcomes, concerns over data privacy in online processes, and issues of digital inclusion for consumers who may lack the means or knowledge to use ODR. Addressing these gaps is crucial to realize the full potential of ODR. This paper provides a comprehensive analysis of ODR in e-commerce and consumer disputes in India, focusing on the role of legal mandates and platforms, and identifies what is missing in the current framework. Part I examines the provisions of the Consumer Protection Act, 2019 and the E-Commerce Rules, 2020 that lay the groundwork for ODR in consumer disputes. Part II analyses how leading e-commerce companies implement ODR or other grievance redress mechanisms to comply with these mandates and serve consumers. Part III discusses the legal and institutional gaps in the ODR ecosystem. Part IV compares India’s ODR approach with experiences in the European Union and Singapore, jurisdictions that have more mature ODR frameworks influenced by common law traditions and robust consumer protection regimes. Finally, Part V offers recommendations for policy and regulatory reforms in India to strengthen ODR. Through this analysis, the paper aims to highlight how India can bolster its ODR ecosystem to ensure consumer disputes in e-commerce are resolved efficiently and equitably in the digital age. Part I: ODR under the Consumer Protection Act 2019 and E-Commerce Rules 2020: The Consumer Protection Act, 2019 (CPA 2019) marked a watershed in updating India’s consumer law for the modern economy. Replacing the decades-old 1986 Act, the CPA 2019 strengthened the legal framework for consumer rights and explicitly incorporated technology-enabled dispute resolution mechanisms. Notably, the Act brought alongwith it the provisions for e-filing of consumer complaints and conducting hearings through video conferencing, enabling consumers to pursue disputes without being physically present at forums. This advancement reduces the burden on consumers and adjudicators alike by embracing digital communication. Furthermore, the CPA 2019 established consumer mediation cells attached to consumer commissions, signaling legislative support for alternate dispute resolution in consumer disputes. Under the Act, if both parties consent, consumer disputes pending in a Commission can be referred to mediation, a step toward institutionalizing ODR since such mediation can be conducted online via appropriate platforms. By recognizing the ‘role of technology in resolving consumer disputes’ and providing for mediation, the Act lays a statutory foundation for ODR in consumer matters. These measures were hailed as a significant step toward modernizing consumer justice and institutionalizing ODR for consumer disputes in India. Pursuant to powers under the new Act, the government notified the Consumer Protection (E-Commerce) Rules, 2020, which impose specific obligations on online marketplaces and retailers to protect consumers. These rules directly address the need for robust online grievance redress by e-commerce platforms. Under Rule 4, every e-commerce entity is required to establish an effective grievance redressal mechanism and appoint a Grievance Officer for consumer complaints. The Grievance Officer’s name and contact information must be publicly displayed on the platform, and the officer is mandated to acknowledge any consumer complaint within 48 hours and resolve it within one month of receipt. This time-bound requirement creates a legal obligation for e-commerce platforms to handle consumer disputes promptly via an online process – in effect, an ODR mandate. The E-Commerce Rules thus ensure that consumers have a direct and speedy channel to get their issues heard and resolved by the company. Additionally, platforms must

LEGAL WRITING IN THE BLOCKCHAIN TECHNOLOGY ERA: E- CONTRACTS

thelawwaywithlawyers@gmail.com April 12, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-21 ISSUE NO:- 21 , April 12, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com AUTHORED BY :- Kosonogova Olga LEGAL WRITING IN THE BLOCKCHAIN TECHNOLOGY ERA: E- CONTRACTS Abstract. The paper deals with the problem of validity of legal documents in the modern conditions of the digital era. The differences between two types of a contract created on the blоckchain platform – Ricardian contracts and Smart contracts – are discussed. Ricardian contracts are legally binding agreements, while Smart contracts are not. Ricardian contracts are both machine-readable as well as human readable, while Smart contracts are machine-readable but not necessarily human-readable. It is argued that prior to Ricardian contracts, to avoid fraud and conflict in the crypto industry was not an easy task. Ricardian contracts guarantee more security to investors and users of blоckchain technology. Keywords :- · Blockchain Technology, Smart Contracts, E-Contracts, Legal Framework, Digital Signatures Introduction The development of modern technologies has given lawyers an opportunity to make their documents much more secure, easily drafted and effective. The digital agreements or e-contracts are getting more and more popular in the modern legal environment. The most popular digital contracts are considered Smart Contracts and Ricardian Contracts. Both are based on the blockchain technology but have some differences. Let us consider the advantages and disadvantages of these digital contracts. Smart Contracts In the blockchain industry, Smart Contracts act as contracts to provide trust during an exchange. You can use these contracts to exchange money, shares, property, and other assets on the internet. You can do that by defining obligations between two parties and executing them through computer code. They are an essential part of the process on the blockchain network where the parties remain anonymous. The core characteristics of a Smart Contract: Executes on its own based on the instructions provided in the computer code Self-verifying and auto-enforcing Immutable, which means you can’t edit the terms Cost savings The only issue with Smart Contracts is that they are not legally binding agreements, which is why, if anything goes wrong, it is hard to prove a case against fraud or scam in the court of law as it is not a legally binding agreement. Ricardian Contracts Ricardian Contract is a form of digital documents that act as an agreement between two parties on the terms and condition for an interaction between the agreed parties. What makes it unique is that it is cryptographically signed and verified. Even when it is a digital document, it is available in a human-readable text that is also easy to understand for people (not only lawyers). It is a unique legal agreement or document that is readable for computer programs as well as humans at the same time. With blockchain platforms, these contracts can now easily hashed, signed, and can be saved on the blockchain. History Smart contracts were first proposed in 1994 by Nick Szabo, an American computer scientist who conceptualized a virtual currency called “Bit Gold” in 1998. Ricardian Contracts were initially introduced as part of the Ricardo Payment System back in 1995 by Ian Grigg, who is considered as one of the pioneers of financial cryptography. Ricardo Payment System was developed by Systemics Inc. and called in the honor of David Ricardo, a prominent British economist whose free trade views became public policy in Britain. Ricardo is a three-party payment system common to Internet banking and DGCs. One user pays another user, by settling through a single server trusted by both users to manage value. Using Ricardo, Systemics and partners have built trading systems, contract markets, secure messaging, and other applications. All these applications derive their underlying security from Ricardo’s secure open transactions. Benefits of Ricardian Contracts Ricardian contracts made some new possibilities on the blockchain networks. Some of its applications as well as benefits include: It allows the legally-enforceable transfer of physical assets as well as rights on the blockchain network, which was not possible with Smart Contracts. When smart-contracts were also used for the same purpose, but they can’t legally-enforce the transfer. Ricardian Contracts can save effort, costs, and time you may have to invest when a dispute arises. The machine-readable legal contracts are not open to any interpretation, which is the main drawback of human-readable legal contracts. Lawyers can interpret the content based on their liking, which may result in a conflict. Ricardian Contracts are a significant step forward in adding more transparency to the blockchain network. Ricardian Contracts (SC) vs. Smart Contracts (RC) Purpose SC: Execute the terms of an agreement RC: Record the terms of an agreement as a legal document Flow SC: Automate actions on the blockchain-based applications RC: It can also automate operations on the blockchain-based applications Validity SC:It is not a legally binding document RC: It is a legally binding document or agreement Versatility SC: They can’t be Ricardian Contracts RC: Any Ricardian Contract can be a Smart Contract as well Readability SC: Smart contracts are machine-readable but not necessarily human-readable SC: Ricardian Contracts are both machine-readable as well as human-readable The fundamental differences between Smart contracts and Ricardian Contracts The fundamental difference between both of the contracts on blockchain platforms is the type of agreement. One (Ricardian contracts) records the agreement between multiple parties, while the other (Smart Contracts) executes whatever is defined in the agreement as actions. Ricardian Contract is a legally valid contract, while Smart Contracts are not. It turns a human-readable legal contract into machine-readable code that can be executed by the software. Ricardian contracts can become an important part of agreements on blockchain and can replace Smart Contracts, as they

Union of India Vs K.A Najeeb

thelawwaywithlawyers@gmail.com April 7, 2025 0 Comments

Case:- Union of India Vs K.A Najeeb Court:- Supreme court Year:- 2021 the decision was made Date of Judgment:- 1 February 2021 Bench:- Justice N.V Ramana, Justice Surya Kant, and Justice Aniruddha Bose Petitioner:- Union of India Respondent:- K.A. Najeeb Authored by:- Raj Ubed Introduction:- In 2010,the defendant, K.A. Najeeb, affiliated with a fundamentalist organization, was accused of facilitating a physical violence on teacher Joseph in Thodupuzha, Kerala. In 2015, The (N.I.A) take into custody of respondent under the (UAPA). The NIA challenged the apex court of Kerala that is High Court’s 2019 bail judgment, citing trial delays. After many apples in the special court of NIA but refused bail under U.A.P.A regulations, they submitted Special Leave Petition (SLP) in the apex court of India to challenge the judgement of High Court of kerala. The Investigation Agency’s position was based on under the Section of U.A.P.A Section 43D(5), which prohibits Bail is not given under the Act. The apex court of India rejected N.I.A request, citing the respondents’ constitutional right in Article 21 right to a speedy trial. However, the Court of justice did not define a basic threshold for similar instances in the future. The bench of Justices of apex court is Surya Kant, Aniruddha Bose and NV Ramana maintained power of fundamental courts to give bail to people facing prosecution or detention under the severe UAPA. The court’s finding in this case raises further doubts concerning UAPA and bail law in general. This essay will provide an outline of UAPA and Section 43D(5), but will focus on analyzing a specific Instance. This case analysis utilizes Prof. Ujjwal Kumar Singh’s idea of “ordinary and extraordinary laws” to discuss the “overlapping” of ordinary and extraordinary laws. Critics argue that Investigative agencies are given inordinate authority to support convictions and create a “suspect community.” This enhances the state’s coercive powers. Case facts The respondent is active participant of the terrorist group name as (PFI) popular front of India, the respondent was arrested on doubt of being a main conspirator in a pre-planned attack on victim of Newman college in Thodupuzha. The injured person included an insensitive query about a certain faith on a question paper. The responder and other activist of PFI, an fundamentalist Islamic organization, attacked the victim in retaliation for religious sentiments hurts. In year 2010 July 4, the victim was begin an assault by a gang carrying a common object while walking home with his mother and sister about 8 a.m. PFI activist used choppers, cutting tools, and a hatchet to halt the injured person vehicle, detain, and PFI activist cut off his right palm. Homemade Bombs were thrown at passers- by to instill fear and prevent all people from helping the injured person. The injured person wife eventually submit an official complaint opposed to culprits. A thorough interrogation is disclosed that being an assault was the type of a larger operation involving meticulous preparation, many not successful, and they started to help of weapons like lethal. As a result, was topic to U.A.P.A prohibitions. Despite being majority of the respondent’s co-Conspirators being convicted by the NIA special court, the accused was designated as an absconder. The two to eight years punishment was given to co- assused of hard imprisonment in all. After being apprehended by the NIA, Najeeb was held in judicial custody for nearly five years without a trial or decision. The respondent appeal for bail six times between 2015 to 2019 claiming it was comparable to other co-accused who had been acquitted or granted bail. The respondent’s pleas were denied due to their alleged knowledge and involvement in the incident. Due to this, he did not qualify under 43D (5) section for bail under U.A.P.A, which allows judges to deny bail is founded on reasonable doubt and does not apply to accused individuals. The Respondent appealed to the HC of kerala for the 3rd time against the N.I.A Court denial of bail. In a controversial verdict, the HC allow bail to the respondent, finding they could not be imprisoned for a lengthy amount of time. It was improbable that the trial would start soon and significant misery if it did not. The court drape the bail decision, prompting N.I.A to submit an request, arguing that the High Court made an error. Legal issues 1. Can the statutory requirements under Section 43D(5) of the UAPA be removed due to a violation of Article 21? 2. In cases where the suspect is presumed guilty, is the court required to refuse bail? 3. Is it possible to contest the court’s bail ruling without any particular justification? Arguments Argument by Appellant The appellant contended that the bail given to the respondent in this particular case was faulty because it did not comply with UAPA Section 43(D)(5). The attorney emphasized that in cases when the accused is presumed guilty, the courts are required to deny bail. In the current case, it was further argued that the respondent’s years-long fugitive status made it more logical for the courts to deny bail. Finally, in response to the trial’s postponement, the attorney in this instance made the claim that NIA had submitted a second affidavit to question 276 witnesses. Argument by Respondent The majority of the co-accused have either been found not guilty or have received sentences of no more than eight years in prison, as the respondent’s attorney pointed out. In addition to the previously indicated problem, the respondent had already served more than five years in jail, which is against the Constitution’s Article III guarantees of equal access to justice and a speedy trial. Additionally, the respondent’s attorney made the case that the Supreme Court shouldn’t get involved unless there is an exceptional situation with the accused having been granted bail by the High Court. Court Decision The Supreme Court concluded that even if the accused was deemed prima facie by the N.I.A. guilty, under U.A.P.A Section 43D(5) that permitted am refusal of bail. However, the conditions of many statute

THE EXPANDING HORIZONS OF ARTICLE 21: A STUDY IN JUDICIAL CREATIVITY.

thelawwaywithlawyers@gmail.com April 3, 2025 3 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-21 ISSUE NO:- 21 , April 3, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com AUTHORED BY :- Taniya Kundu THE EXPANDING HORIZONS OF ARTICLE 21: A STUDY IN JUDICIAL CREATIVITY. Abstract Article 21 of the Constitution of India, originally envisaged as a narrow protection against executive action without authority of law, has over time evolved into a repository of substantive rights. Judicial interpretation has progressively expanded its scope to include rights essential for the full development of human personality, such as the right to livelihood, health, privacy, education, and a clean environment. This paper examines the transformative journey of Article 21, analyzing its expansive interpretations and its pivotal role in securing human dignity. Keywords Article 21, Fundamental Rights, Right to Life, Judicial Activism, Constitutional Law, Human Dignity. Introduction The Constitution of India guarantees certain fundamental rights that form the bedrock of the democratic structure. Among these, Article 21 holds a distinctive position. It provides that “No person shall be deprived of his life or personal liberty except according to procedure established by law.” Initially, the interpretation of this article was restrictive, as seen in A.K. Gopalan v. State of Madras.[^1] However, subsequent judicial pronouncements, particularly in Maneka Gandhi v. Union of India,[^2] marked a paradigm shift, expanding the meaning of “life” and “personal liberty” to encompass a variety of rights necessary for leading a meaningful existence. This paper traces the trajectory of Article 21, highlighting how the Supreme Court has used it as a springboard for recognizing diverse human rights, thereby making the Indian Constitution a living document responsive to the needs of the society. Introduction of Article 21: Article 21 of the Indian Constitution guarantees the protection of life and personal liberty to every individual. It provides that no person shall be deprived of their life or personal liberty except according to a procedure established by law. Originally given a narrow interpretation, Article 21 has undergone a remarkable expansion through judicial creativity. The Supreme Court has interpreted “life” to mean a life of dignity, not just mere animal existence, and “personal liberty” to include a wide range of rights essential for living a meaningful life. Today, Article 21 serves as the foundation for various rights such as the right to livelihood, health, education, privacy, clean environment, and speedy trial, among others. It applies to both citizens and non-citizens and remains a cornerstone for human rights protection in India. Thus, Article 21 reflects the spirit of a welfare State and ensures that the State acts fairly, justly, and reasonably when affecting individual freedoms. Horizons under Article 21 on India Constitution: Article 21 of the Indian Constitution has undergone a dynamic transformation since its inception. Originally interpreted narrowly, it merely protected against deprivation of life and personal liberty without the authority of law. However, judicial creativity has expanded the horizons of Article 21 far beyond its literal meaning. The Supreme Court has recognized that “life” under Article 21 is not mere animal existence, but a life imbued with dignity, freedom, and all basic necessities. Personal liberty too has been interpreted to include various rights essential for a meaningful human life. Through landmark judgments, the judiciary has continuously broadened the scope of Article 21, embracing rights such as the right to livelihood, education, health, privacy, shelter, clean environment, and speedy justice. Thus, the expanding horizons of Article 21 reflect the progressive spirit of constitutional interpretation and the growing recognition of human dignity as the foundation of a just society Original Interpretation: A.K. Gopalan (1950). In the first major test, A.K. Gopalan v. State of Madras (1950), the Supreme Court took a formal view of Article 21. Gopalan had been detained under the Preventive Detention Act, 1950, and argued that the detention violated his fundamental rights, including Article 21. A six-judge bench of the Court upheld the detention law almost in full. Critically, it held that “procedure established by law” simply means any procedure that a legislature enacts; there is no independent requirement that the law be fair, just or reasonable. By reading Article 21 in isolation, the Court rejected the notion of “due process” in substantive form. The Gopalan majority treated the various fundamental rights as separate silos, refusing to read Articles 14 or 19 into Article 21. The practical effect was that Article 21 offered no safeguard beyond checking that the detention order had been issued under some law; any law, however arbitrary, could sustain deprivations. In short, Gopalan confirmed that Article 21’s “procedure established by law” did not require judges to apply the American-style due process test. This narrow understanding stood for nearly three decades. The Maneka Gandhi Revolution (1978). The jurisprudence took a decisive turn in Maneka Gandhi v. Union of India (1978).Audi alteram partem which means hare the other side . Its a principle of natural justice the court have stressed that life and liberty can’t be curtailed without following fair procedure – procedurak fairness is a core of Article 21 .Maneka’s passport was impounded by the government without giving reasons, and she challenged it under Articles 14, 19 and 21. A historic Supreme Court ruling by Justice Bhagwati overruled Gopalan. The Court held that Article 21 must be read in tandem with other fundamental rights, forming a constitutional “golden triangle” of Articles 14, 19 and 21. In Maneka’s case the Court explicitly stated that the “procedure” established by law under Article 21 “must be just, fair, and reasonable” – it cannot be arbitrary or oppressive. Any law depriving a person of life or liberty must satisfy the tests of reasonableness and not violate equality or other fundamental rights. This was a fundamental shift: the Court declared that Article 21 demands substantive due process of law, despite the absence of that term in the text. Maneka Gandhi opened the door to an expansive, purposive reading of Article 21, firmly tethering it to the constitutional ethos of justice and individual dignity. Bandhua Mukti Morcha emphasized that Article 21

INDIAN CONSTITUTION AND MEDIA IS MEDIA TRIAL ENDANGERING JUDICIAL INDEPENDENCE IN INDIA?

thelawwaywithlawyers@gmail.com March 27, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-20 ISSUE NO:- 20 , MARCH 27, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :- Ankita Ghosh INDIAN CONSTITUTION AND MEDIA IS MEDIA TRIAL ENDANGERING JUDICIAL INDEPENDENCE IN INDIA? Abstract Media trials have become one of the most integral parts of news landscape in the contemporary scenario. Media plays critical role in making public informed regarding a wide arrays of matters. However, its impact on both judiciary and society raises some important questions concerning fairness, rule of law and ethics. Judicial bodies are responsible for running trials to decide specific cases. When media runs such trials on its own before judgement of court, these are called media trials and in some cases, they portray accused or mere suspects as criminals, which violate the law completely. Media trials often highly influence public opinions about the accused or even about the victims by creating an environment of mob-lynching. In a few cases, trial court judges are sometimes bound to take into account the media criticisms and their trials as the extra-judicial trial conducted by media already ends up forming public opinions in a particular way that influences the witnesses and their testimony. The judges therefore, stay under extreme pressure and although media criticisms do not necessarily influence the final decisions made by the judges, these trials affect the perceptions of public and also pressurize the victims that sway their statements. The article has provided a detailed analysis of the ways media trials are interfering with judicial proceedings in India and the adequacy of the present legal framework in governing media behaviour. Keywords: Janta Adalat or Public Court, NBSA or News Broadcasting Standard Authority, Contempt of Courts Act, 1971, Article 19(1)(a), Fair Trial, Article 21, Administration of Justice Introduction Media Trials, as the name suggests, are trials that the Media conducts in any case even before the court trials take place. The process of trial by the media in India gained momentum in late 20th to early 21st century, though it was active in this country since 18th century when newspapers used to play a significant role in influencing public opinions and shaping their thought processes. However, these earlier instances were more focused on ensuring justice through campaigns rather than being focused on sensational trials. A major transformation took place with the emergence of alternative means of disseminating information, one of which is Television. Television took a dominant position in 1990s as the news channels started gaining the attention of a big audience by bringing live-coverage of the on-going high-profile cases. This marked a shift towards dramatization in the reporting of judicial proceedings. There exists a significant difference between the opinions of people supporting uncensored and free media and those prioritising the Right to Privacy for fair trial. Media has already asserted itself as “Janta Adalat” or Public Court and has started exercising its power to interfere with judicial proceedings. Now, the question arises regarding the extent to which this media trial procedure influences the judicial system and the actual scope of it in so influencing. In most cases, media trials result in the generation of prejudiced public views regarding a case, and it affects the judicial functioning of a State. Indian Constitution and Media Freedom Media is considered to be the 4th pillar of democracy in India, and freedom of the Press and Media revolves around Freedom of Expression and Speech guaranteed under the Article–19(1)(a) of Indian Constitution. As per Article-19(1)(a) of the Indian Constitution, the media is responsible for ensuring fair expression and speech to create awareness and shape societal views in a positive way. Although Press Freedom falls within the ambit of Article-19(1)(a) of Constitution, the scope of freedom is often crossed, especially when the media takes suo moto coverage of information of the victim and the accused through various mass-media modes, having a detrimental pre-judicial impact on judges as well as the public. It is true that media coverage in a positive way could enhance public confidence and trust in the judicial system and its outcomes. It is sometimes argued that media, by enhancing the pressure on the judges through professional questioning media can ensure their accountability, resulting in a significant increase in legitimacy of the courts. However, in some cases, media trials compel the judges to make decisions in accordance with the follow-up of the media criticisms. In past decades, an exponential growth in the influence of media has been witnessed in process of accessing justice in a number of cases related to murder, corruption, terrorist activities and much more. It is pertinent here to note that media often ends up degrading the reputation of mere suspect and sometimes tagging these people guilty before judges even before they take cognizance of the cases by emphasising one-sided delegations to attract more viewers rather than trying to discover the reality. Thus, it influences the verdicts of the judges, limiting the scope of fair trials. The right of fair trial has been mentioned impliedly under Right-to-Life, which is protected by Article-21 of Indian Constitution. Hence, media trials often interfere with fair-trial procedures in a detrimental way, causing a violation of Article 21. In this regard, a few cases could be analysed to shed light on the ways media trials often infringe human rights and the importance of fair trials of the accused. The case of “Aryan Shah Rukh Khan Vs Union of India” could be taken into consideration to determine the ways media could sway the opinions of the public at large that could have potential impact on judicial decisions. In this case, Aryan Khan was detained on the suspicion that he was possessing prohibited drugs during a raid by Narcotics-Control Bureau. This detention of the son of a Bollywood star piqued the interest of media, and some channels started reporting on his personal character, family history and his probable engagement in the aforementioned case. Despite the absence of strong evidence supporting his involvement in the case,

DATA PRIVACY UNDER THE INDIAN LEGAL SYSTEM

thelawwaywithlawyers@gmail.com March 25, 2025 3 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-20 ISSUE NO:- 20 , MARCH 25, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :- Anamika Das DATA PRIVACY UNDER THE INDIAN LEGAL SYSTEM ABSTRACT Data privacy is individuals’ right to control their personal information. Information privacy is another name for data privacy. In the modern world data is an asset for every human being. Data is a collection of facts such as numbers words descriptions of things. But nowadays many evil people are misusing people’s data. If people do not have control over their data evil people can use it in many ways like they can use personal data to fraud or harass someone they can selling data or they can track a person’s activities and many more things. The Digital Personal Data Protection Act 2023 (also known as the DPDP Act or DPDPA 2023) plays an important role in data privacy. It recognizes the right of an individual to their data and the need to process and search personal data for new lawful purposes and matters connected therewith or incidental thereto. The primary aim of this article is to look into various provisions and the legal fame worth in India relating to data privacy. This article also talked about what is data, why there is a need for data privacy, how people can misuse other people’s data, and the importance of data privacy. This article also gives a deep understanding of the Digital Personal Data Protection Act 2023. Keywords:- Data privacy, right, data protection, personal data, digital, court, act, information, right INTRODUCTION Data privacy is a very essential right of people in the digital world. Data is the collection of facts, such as numbers, measurements, observation, and even just description of things. Data privacy generally means the ability of a person to determine for themselves when, how, and to what extent personal information about them is shared with or communicated to others. Under the digital personal data Protection, Act 2023 only includes those data which is digital. It does not include other forms of data. Every user has the right to know how much a company holds their data. They also have the right to access their data. A company cannot use people’s data without their permission. If a person wants, they can ask the company to delete their data and the company needs to do it. If the company refuses to do so, that person can file a suit against that company. Background On 24th August 2017, A nine-judge bench headed by Chief Justice J. S. Khehar gave a landmark decision on the right to privacy. In 2018, The Srikrishna Committee submitted the draft Personal Data Protection Bill. The draft bill is introduced in Parliament but lapses due to the dissolution of the Lok Sabha. Again in 2022 the government withdrew the bill and introduced a new draft, the Digital Personal Data Protection Bill. And in 2023 the DPDP Act was passed by Parliament and received presidential assent, becoming a law. The law came into effect on August 11, 2023, after being passed by both houses of Parliament and receiving the President’s assent. What is data? According to the Digital Personal Data Protection Act 2023 section 2(h) data means a representation of information, facts, concepts, opinions, or Instructions in a manner suitable for communication, interpretation, or processing by Human beings or by automated means. This act balances the rights of individuals to protect their data with the necessity of processing such data for lawful purposes. Why there is a need for data privacy Data is the oxygen of the digital world. Everything is surrounded by Data in the digital world. Anyone can take our identity by our data. That’s why data privacy is very important. Data privacy safeguards our personal identity, rights, and digital freedom and ensures that sensitive data like Social Security numbers, bank account details, addresses, health information, and locations remain secure. One one will be able to use people’s data without their consent Or sell anyone. Data privacy also creates a trustful bond between the individual and the organization. If there is no data privacy, people’s emails could be hacked and their identities could be stolen and their medical conditions could be shared without their consent, their banking data could be hacked. This call can cause mental, physical, and financial harm. Challenges in data privacy Data principals and data fiduciaries both parties face some challenges in data privacy. According to the Digital Personal Data Protection Act 2023, Data Fiduciary means any person who alone or in conjunction with other Persons determines the purpose and means of processing personal data and Data Principal means the individual to whom the personal data relates and Where such individual is a child, includes the parents or lawful guardian of such a child And a person with disability includes her lawful guardian, acting on her behalf. Cookies often record user’s activities. In some websites, there is an alert for cookies and in some websites, there is no alert system for cookies policy. In this way, the Data principal’s behavior is often tracked online. In some websites, there is a lack of transparency about the website policy. Even the data fiduciary also faces many problems like they unable to communicate with the users about how much data they are taking, how much data they are going a store, and in which way they are going to use users’ data. Some third parties also try to hack data leading to a massive data breach; even some insider employees can use users’ data inappropriately. That’s why the data principles and data fiduciaries need to be alert about their data. Data privacy Laws that govern data around the world California Privacy Rights Act (CPRA): The California Privacy Rights Act (CPRA) was passed in November 2020. Amending the recently passed California Consumer Protection Act (CCPA) 2018. It governs companies and individuals that

INDIA’S LANGUAGE CRISIS : NAVIGATING MULTI-LINGUALISM IN A MODERN NATION

thelawwaywithlawyers@gmail.com March 20, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-20 ISSUE NO:- 20 , MARCH 20, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :- Shikha Tiwari INDIA’S LANGUAGE CRISIS : NAVIGATING MULTI-LINGUALISM IN A MODERN NATION Abstract Language plays a crucial role in shaping individual and group indentities, it is a fundamental tool for communication. Each nation have their national language but India is a multilingual country therefore it has not any national language. According to 2011 census , India has 22 official languages, and over 19,500 dialects are spoken across the country. While linguistic diversity can be seen as a sign of India’s culture richness, it also poses some challenges for the country. Some non-states against Hindi since the pre –independence because they think that their regional language will be lost. In other hand, English language is taught in all states , so Can we not lose regional languages because of English? One of the biggest problem with linguistic diversity in India is the lack of a common language. Hindi is a Official language of the union under Article343 of constitution, many states have their official languages, which lead communication barriers between people from other states.In this article, discussed the language issue before independence to currently issue. It also discussed about that what is the three language policy? This article highlights the need for effective language policies that promote linguistic diversity, bridge communication gaps,and ensure equal participation in society. And what is the political impact of language issue? India should have a common language for job and easily travelling every part of India. Keywords- Linguistic diversity, Official Language, eighth schedule, National Education Policy, south states, Three Language Formula. ——————————– ———————————————————————————————————- 1.Introduction:- India is one of the world’s most linguistically diverse countries and some estimates say thousands of languages are spoken here. The language issue in India has been a diverse and challenging issue. The language issue is a senstive and complex matter, and the policies and comprise make during that period a aimed to strike a balance between promoting linguistic diversity and fostering national unity. Linguistic diversity posed challenges for national consolidation with the debate over the union’s official language state’s linguistic reorganisation. 2. What are the constitutional provisions of language:- Part XVII of the Indian constitution deals with the official languages in Article 343 to 351 .These provisions cover Language of the Union , Regional languages, Languages of judicial and texts of laws, and special directive. Official language- The Eighth sehedule to the constitution consists of the following 22 languages-Assamese, Bengali, Gujarati, Hindi, Kannada, Kashmiri, Konkari, Malayalam, Manipuri, Marathi, of Nepali, Oriya, Punjabi, Sanskrit, Sindhi, Tamil , Telugu, Urdu, Bodo, Santhali, Maithili , and Dogri. It can be noted that there is no fixed criteria for any language to be considered for inclusion in the Eighth sechdule. Hindi was adopted as the Official language of Union by the constituent Assembly of India on 14th September 1949 and with the adaption of the Indian constitution on 26 january, 1950, Hindi became the Official language of the Union. Article 343 ; The official language of the Union shall be Hindi in Devanagari script. The form of numerals to be used for official purposes of the Union shall be the international form of Indian numerals. This article also states that English will continue to e used as an official language for 15 years from the commencement of constitution. However , the President may authorize the use of Hindi language in addition to the Engilsh language for any of the official purposes of the Union. Article 344; Provides for the constitution of a commission by the President on expiration of five years from the commission of the constitution. Regional languages- Article 345; Provides that a state may by adopt any one or more languages in use the state or Hindi as the language or languages to be used for all or any of the official purposes of that state. Article346; It is about the official language for communication between the states and between the states and Union. The article states that the “authorised” language will be used. However, if two or more states agree that their communication shall be in Hindi, then Hindi may be used. Article 347; President can direct any language that shall also be officially recognized throughout that State or any part of the state. Language of the Judiciary- Article348(1) Until Parliament by law provides English should be used in the following areas all proceeding in the Supreme Court and in every High Court, the authoritative texts of all bills and ordinances shall be in English language. Article348(2) provides further that notwithstanding the provisions of Article 348(1a), the Governer of state may, with the previous consent of President , authorise the use of Hindi or any other language used for any official purpose , in proceeding in the High Court. Special Directives- Article 350 Language to be used in representations for redress of grievences. Article 350A facilities for the instruction in mother-tongue at the primary stage. Article 350B provides for the establishment of a special officer for linguistic

CYBER TRAFFICKING OF CHILDREN IN INDIA: EMERGING LEGAL CHALLENGES AND THE NEED FOR REFORM

thelawwaywithlawyers@gmail.com March 14, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-20 ISSUE NO:- 20 , MARCH 14, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :- Deepshikha Kumari CYBER TRAFFICKING OF CHILDREN IN INDIA: EMERGING LEGAL CHALLENGES AND THE NEED FOR REFORM ABSTRACT Child traffickers now use digital channels to recruit, entice, and exploit youngsters, going beyond more conventional approaches. New legal and enforcement issues are brought about by the growth of cyber trafficking in India, particularly through social media, messaging applications, and the dark web. The IPC, IT Act, POCSO, and ITPA are among the Indian laws that deal with trafficking and cybercrime individually, but there is a clear dearth of comprehensive legislation that specifically addresses online child trafficking. In this article, current legislative frameworks are critically analyzed, enforcement loopholes are highlighted, and growing trends of child trafficking in India are examined. It makes the case for victim-centered reforms, improved digital policing, and a more integrated legal strategy to counteract this changing crime. In order to improve India’s response to this contemporary type of trafficking, the paper makes legal and policy recommendations based on recent case studies and international best practices. Keywords: Cyber Trafficking, Child Trafficking, Online Exploitation, Digital Platforms, Legal Challenges, Law Reform. INTRODUCTION In India, child trafficking is a serious problem as children are used for forced labor, sexual exploitation, and the trade in organs, among other things. An estimated amount of children in India are at risk of human trafficking as a result of social inequality, poverty, and illiteracy. Digital technology’s quick development has changed how people interact, communicate, and obtain information. Regrettably, the digital revolution has also opened up new channels for illegal activity, such as the horrible crime of child trafficking. Child trafficking is a contemporary kind of exploitation that has become a serious problem in India. Traffickers utilize the anonymity and accessibility of the internet to entice, coerce, and torture children. Children’s vulnerability in the digital age is a serious issue since they frequently don’t realize the dangers of interacting with people online. Traffickers exploit this weakness by targeting and abusing youngsters using messaging apps, social media sites, and other internet resources. Such exploitation has terrible repercussions, leaving victims with severe psychological damage and chronic suffering. The Indian legal system finds it difficult to keep up with the changing nature of cyber trafficking, even with legislation like the Protection of Children from Sexual Offences (POCSO) Act, the Information Technology (IT) Act, and the Immoral Traffic (Prevention) Act (ITPA) in place. For law enforcement organizations and legislators, the absence of unified legislation that addresses internet child trafficking presents serious obstacles. To find the loopholes in enforcement and prosecution, this study will critically examine the current legislative frameworks and investigate the new trends of child trafficking in India. This research will make the case for a more comprehensive and victim-centered strategy to combat cyber trafficking by referencing recent case studies and worldwide best practices. It will also provide recommendations for legislative and regulatory changes to improve India’s response to this contemporary form of exploitation. 1.1 Background India’s quick digitalization has produced many advantages, such as better connection and simpler access to services and education. Nevertheless, it has also opened up new channels for illegal activity, the most alarming of which is child trafficking via the internet. Due to the widespread usage of cell phones, encrypted messaging applications, and dark web platforms, child traffickers are now able to take advantage of minors for forced labor, sexual abuse, and illicit adoptions without ever having to come into physical contact. India, one of the digital economies with the quickest rate of growth, has particular difficulties in regulating cyber activity since technology is developing faster than the law. Although traditional trafficking has long been acknowledged and dealt with by legal systems, cyber trafficking is still a developing concern that is frequently undetectable and challenging to track down. 1.2 Research Problem and Significance The current legal framework in India lacks specific provisions and a coherent strategy to effectively combat cyber trafficking of children, despite having laws such as the Protection of Children from Sexual Offences (POCSO) Act, 2012, the Information Technology Act, 2000, and sections of the Indian Penal Code. The lack of comprehensive legal tools and efficient enforcement systems that can handle the internet aspects of trafficking is the research challenge. This study is important because there is a pressing need to shield children who are at risk from this anonymous, cross-border crime. India runs the risk of becoming a haven for cyber trafficking networks that continue to elude capture and punishment in the absence of prompt legal reforms. 1.3 Objectives and Scope of the Study To examine current child trafficking trends and patterns in India, including victim demographics and trafficker tactics. To look at the increase in cyber cyber trafficking, examining how technology makes it easier to take advantage of weaker people and the consequences for law enforcement.3. To evaluate how well India’s current legal and policy frameworks are working to prevent child and cyber trafficking. To determine the socioeconomic elements that make children more susceptible to human trafficking, especially when poverty and illiteracy are present. To offer suggestions for enhancing victim assistance programs, preventative tactics, and law enforcement’s anti-trafficking initiatives. The study’s scope will include both child and cyber trafficking, with an emphasis on the Indian context and similarities to worldwide patterns. It will entail a thorough examination of the body of existing research, case study analysis, and stakeholder interviews with survivors, NGOs, and law enforcement. The study intends to offer a comprehensive viewpoint on the difficulties and prospects for intervention in this crucial sector by covering both the established and new facets of trafficking. 2 Understanding Cyber Trafficking of Children 2.1 Definition and Forms of Cyber Trafficking Cyber trafficking of children refers to the exploitation and recruitment of children for illegal purposes through digital means, including the internet, social media, dark web, and messaging platforms. Unlike traditional trafficking, where physical movement is

LAW AND INEQUALITY

thelawwaywithlawyers@gmail.com March 4, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-20 ISSUE NO:- 20 , MARCH 4, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com AUTHORED BY :- ZUNAIRA PARVEEN LAW AND INEQUALITY ABSTRACT This chapter discusses the concept of class in an important subfield, the sociology of law. Class, a pivotal institution of society, was central to and experience. While acknowledging the value of contemporary research that documents a deeply tex tured, paradoxical, and nuanced analysis of the role of law in society, the third part argues for theorizing the link between experience and context, including the role of social class, and presents a research agenda for a sociology of law, where there lationship between law and class is considered both as institution and experience. This article explores the complex relationship between law and social inequality, examining how legal systems both reflect and reproduce disparities in wealth, race, gender, and power. While law is often viewed as a neutral framework for justice, it frequently operates in ways that reinforce existing hierarchies. Drawing on historical and contemporary examples, the article analyzes how legislation, judicial decisions, and legal institutions contribute to structural inequality. It also investigates efforts to use law as a tool for social change, highlighting the role of legal activism and policy reform in addressing systemic injustice. By interrogating the dual role of law—as both a mechanism of oppression and a potential avenue for equity—the article underscores the importance of critically engaging with legal systems in the pursuit of a more just society. INTRODUCTION In this article we review the ways in which class has been conceptualized and used to explain the role of legal institutions in society. Though always controversial in American social science, class is nonetheless central in thought and theorizing about society, including its legal institutions. In the past two decades, theories of class and social structure have been endlessly critiqued, and the importance of class as a research concept reduced to the point of near extinction. Class is only now beginning to be reconsidered-as one more anchor of personal identity like gender, race, and ethnicity. The contemporary tum from structural theory toward interpretive studies of experience emphasizes nuanced descriptions of actors’ orientations to law in a particular context, but it has offered little to explain the interaction between individual agency and continuing patterns of political or economic hierarchy. Understanding the structural foundations of class continues to be important in the postmodern world. Class describes an individual’s position with respect to the central economic and cultural institutions of society and, in turn, relates that position to the social resources available to the individual. Just as new ways have been found to bring the state back in or to create a new institutionalism that acknowledges the importance of complex continuing patterns in social life-but purged of deterministic claims-so class must be reconceptualized. Indeed, our review of sociolegal research shows that class has continued to be an important, if largely implicit, concept not only making possible a clearer understanding of the distributive effects of economies but also providing a key to understanding power in contemporary society. We show here that class, as a marker for the distributive effects of law, has been of great importance in sociolegal studies. In the 1970s, structural theories LAW AND INEQUALITY ARTICLE BY ZUNAIRA PARVEEN began to decline in importance. In the sociology of law, the importance of class was diminished still further by the weight of arguments of neo-Marxists and others that law is an ideological force, not a straightforward reflection of resource inequality or a simple instrument of domination. The interpretive and postmodern turn in sociology is reflected in contem porary sociolegal research on legal culture and legal consciousness, and on narrative and discourse about law. The critique and decline of grand theory did not undercut interest in the concrete distributive consequences of law, the bread and butter of the field, but the shift did sever these studies conceptually from their roots in general theories of society. The second part of this chapter de scribes the shift as well as the conceptual limits of this paradigm: Agency alone will not provide an understanding of the group-life of a society or its institutions or the ways in which class continues to form an important bridge between those contingencies that comprise elements of an actor’s own understanding of action and those of which the actor is unaware Finally, the third part of the chapter presents a research agenda for a sociology oflaw where the tension between structure and agency, class and law, frames the undertaking. Using recent studies as examples, we show why the institutions of class continue to explain dimensions of inequality and hierarchy and how incorporating a nuanced, agency-sensitive concept of class will contribute to the development of sociology of law and to class theory. THEORY AND THE PROBLEM OF LAW AND INEQUALITY The sociology of law has always drawn on theories prevailing in the discipline. Early sociology of law was shaped by mainstream theories, including con flict, structural-functional, and grounded theories of society (Dahrendrof 1959, Parsons 1964, Glaser & Strauss 1967). Conflict and structural-functional the ories have been particularly influential in the sociology of law. Both were derived from nineteenth century social theory of industrial society in which class structure was understood as fundamental, as a source of both order and conflict. The purpose of the state was to make the differentiation of social roles at the heart of class structure work smoothly (structural-functional theory) or to contain the inevitable conflict that resulted from inequality created by class structure (conflict theory). Marxist conflict theory also viewed the state as an instrument of the ruling class or some combination of dominant classes (Marx & Engels 1950). In all of these theories of the class-state, the law legitimates state authority, enabling the state to carry out its purposes (see Evans 1963). Almost all early sociology of law accepted this fundamental ordering of class, law, and the state. Weber’s theory of legal

Defamation Laws in India: Balancing Reputation and Free Speech

thelawwaywithlawyers@gmail.com February 27, 2025 0 Comments

THE LAWWAY WITH LAWYERS JOURNAL VOLUME:-20 ISSUE NO:- 20 , FEBUARY 27, 2025 ISSN (ONLINE):- 2584-1106 Website: www.the lawway with lawyers.com Email: thelawwaywithelawyers@gmail.com Authored By :- Drishti Singh Defamation Laws in India: Balancing Reputation and Free Speech Abstract Defamation laws in India are designed to maintain a balance between an individual’s right to protect their reputation and the fundamental right to free speech. It has been stated that these laws are governed by both civil and criminal provisions, with defamation being addressed under the Indian Penal Code (IPC), 1860 and tort law. It has been defined under Section 499 of the IPC, while Section 500 prescribes penalties, including fines and imprisonment. It is often observed that while these laws aim to prevent false and malicious statements, they frequently come into conflict with Article 19(1)(a) of the Indian Constitution, which ensures freedom of speech and expression. Courts have been known to play a significant role in interpreting these laws to ensure that legitimate criticism and discussions in the public interest are not suppressed. However, concerns have been raised regarding their misuse, particularly in silencing dissent and journalism. This article discusses the evolution, key judicial pronouncements and challenges of India’s defamation laws, emphasizing the need for a fair balance between protecting reputation and upholding democratic freedoms. Keywords– 1.Defamation laws 2.Indian Penal Code (IPC) Section 499 & 500 3.Freedom of speech 4.Reputation protection 5.Article 19(1)(a) of the Constitution 6.Judicial precedents Introduction: The Conflict Between Reputation and Free Speech We are the people of the country where people easily defame another person without thinking about how they’ll feel and react to that statement. It’s not easy for everybody to bear these kinds of statements. Freedom of speech and expression is a fundamental right of the democracy which is defined in article 19(1)(a) of the Indian Constitution but our right is not absolute in nature. Here are some restrictions and duties like protection against Defamation Laws. While everyone should have the Right to express their feelings and words at the same time they’ve to focus on not defaming anybody with their words. Defamation laws are here to protect human dignity but simultaneously people misuse it for their own purpose and it is a very bad interpretation of any law where people don’t even understand the rules of the laws. Making a right balance between free speech and reputation is a continuing challenge for the legal framework of the Indian government. Understanding Defamation: Meaning and Legal Provisions in India Defamation is a spoken or written false statement that affects people’s reputation. There are two branches of governing legal framework of Defamation in india. The first one is Civil Defamation where a person who is defamed can take monetary compensation through a lawsuit. Another one is criminal Defamation Governed by Section 499 and 500 of the Indian Penal Code 1860), defamation is a punishable offense with up to two years of imprisonment, a fine or both. Criminal vs. Civil Defamation: Key Differences Civil Defamation is a tort or wrongful ACT, there’s a compensation in monetary terms and plaintiff must prove the harm,also cause financial damages At the same time Criminal Defamation is a criminal offence under IPC sec. 499&500 and there’s a provision of imprisonment up to 2 years or fine,here prosecution must prove intent to harm reputation and it’s based on criminal conviction. Here civil Defamation is all about compensating the victim, criminal Defamation is to penalize the accused and make it a more severe legal action. Section 499 and 500 IPC: Defining Defamation and it’s punishment is defined in section 499 IPC: Definition of Defamation is defined as if anybody make or publish any false statement that intend to harm a person’s dignity or reputation then he or sheeis liable under Defamation case However here are some exceptions list,such as public servants fair criticism, Judicial proceedings fair reports and truthfulness for public good. Section 500 of IPC punishment for Defamation is defined here, the punishment includes simple imprisonment of up to two years,a fine or both. in spite of the fact that the aim of the laws to protect people’s dignity but abused by Some people try to silence journalists and opposing parties. Evolution of Defamation Laws in India: A Historical Perspective Our Defamation Laws are taken from the English common laws,which focuses on a strong views on protection of reputation as a vital component of social norms.During the colonial period, The British introduced rules of criminal defamation to silence resistance, particularly when the people were trying to protect against the British government. These laws changed after independence,in article 19(2) of the Indian constitution that permitted limits to be defined on freedom of speech and expression for limitations such as Defamation. With time,courts have found a middle path between a person’s dignity and freedom of speech and expression. Judicial Interpretation: Balancing Free Speech and Reputation There are some landmark judgements that have made India’s Defamation jurisprudence,such as; The very first case is Romesh Thappar v. State of Madras (1950) – In the leading case the court held that free speech limitations must be narrow and reasonable. The second case which is related to Defamation is Sukran v. Manoharan (1976) – In this case the court Clarified that honest criticism of public officials does not constitute defamation. The third case is Subramanian Swamy v. Union of India (2016) – criminal defamation, ruling that the right to reputation is part of the right to life under Article 21 of the constitution. So these were the cases which were the good example to balance our constitutional rights with the defamation laws in India. The Hon’ble Supreme Court’s View on Criminal Defamation In the case Subramanian Swamy v. Union of India (2016), the Hon’ble Supreme Court upheld Sections 499 and 500 of indian penal code,reasoning that: The right to reputation is a fundamental right under Article 21 of the Indian constitution. Criminal Defamation is