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Showing posts from May, 2026

Democracy in the Digital Age: Balancing Free Speech, Misinformation and State Regulation in India

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This Blog is Written by Aayush Pandey, 1st Year, BA LLB, SOA National Institute of Law (SNIL), Bhubaneswar. Introduction Freedom of speech and expression is one of the most essential pillars of Indian democracy. The Constitution of India guarantees this right under Article 19(1)(a), allowing citizens to express their opinions, criticize government policies, participate in political discussions, and share ideas freely. In the digital era, this constitutional protection has gained even greater significance because social media platforms and online forums have become major spaces for democratic participation and public discourse.  The rise of digital communication has transformed the way individuals engage with political and social issues. Platforms such as X, Instagram, YouTube, and WhatsApp enable citizens to instantly voice their opinions and reach a large audience. This has strengthened democratic participation by giving ordinary people the power to influence public debate. Howe...

Beyond Bars and Beyond Years: Re-examining Juvenile Personhood in Light of Article 21

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This Blog is Written by Arihant Chatterjee, 3rd Year, BBA LLB, Sister Nivedita University, Kolkata. Introduction  The term ‘Juvenile’ refers to a person who still possesses child-like qualities. ‘Delinquency’ refers to not adhering to social norms or not performing their duties properly, which may also include committing crimes or wrongs. ‘Justice’ refers to fairness, equity, and real respect given to people. It’s all about striving for moral righteousness in a world that is devoid of it. As per the Constitution of India, juveniles refer to people who have not attained the age of majority, meaning they are below 18 years of age and have committed a crime, whether heinous or not. They are referred to as juvenile offenders or juvenile delinquents. To cite an example, the minimum age for smoking in India is 18 years. Those who are below this age are referred to as minors or underage. The juvenile cases are tried in a juvenile court, which is a civil court but with different rules than...

Online Gaming in India: Legal Status and Regulations

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This Blog is Written by Namrata Jana, 3rd Year, BA LLB, Fakir Mohan University, Balasore. Introduction The digital revolution has significantly transformed entertainment and commerce in India, with online gaming emerging as one of the fastest – growing sectors in the digital economy. From fantasy sports and online rummy to eSports and casual mobile gaming, millions of users participate daily in virtual gaming platforms. With increasing smartphone penetration, affordable internet access and seamless digital payment systems, the industry has witnessed exponential growth.  Despite its economic potential, online gaming occupies a legally contested space. Gambling and betting fall within the legislative competence of states under the constitution of India, resulting in diverse and sometimes conflicting state- level regulations. At the same time, the digital nature of online platforms brings them within the regulatory scope of central legislation such as the Information Technology Act,...

From Monopoly to Stewardship: Reconceptualising Intellectual Property for a Sustainable World

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This Blog is Written by Jiya Sarkar, 3rd Year, BBA LLB, Sister Nivedita University, Kolkata. Introduction — India's IP Journey and Constitutional Framework One could contend that India's history of intellectual property perhaps provides what might be considered valuable insights into international IP reform for sustainability. India's transition from Patents Act 1970, which excluded product patents for pharmaceuticals, to TRIPS conformity via the Patents Act 2005, seems to illustrate the intertwined negotiations between the domestic policy objectives associated with its constitutional obligations, and international undertakings.  The right to life, as articulated in Article 21 of the Indian Constitution, has now been judicially interpreted as encompassing access to healthcare, creating what could be defined as a constitutional framework that expresses an inherent criticism of purely monopolistic approaches to important patents. Combined with the Directive Principles in Ar...

Beyond Death: The Unanswered Legal Fate of Your Online Identity

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This Blog is Written by Yamini Banerjee, BA LLB, JIMS EMTC, Greater Noida. Introduction The 21st century has seen the human life being beyond the physical world. Adding it all together, social media websites, email, cloud storage, and other digital resources constitute the virtual identity of a person. Starting with snapshots and personal discussions up to professional information and financial resources, people leave a vast digital footprint.  But a critical and commonly ignored legal issue emerges: what becomes of this online identity when one dies? Who is the owner of the Instagram account of the deceased person? Is access to private messages or deleting the account by legal heirs possible?  Through this case as a law student I find that there exists a major lapse in the Indian law. Traditional legal systems are quite capable of handling physical property, but are mostly ill-equipped to cope with the realities of digital life. A digital afterlife is a controversial idea t...