Judiciary Editorial Consolidation (November) 2023

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EDITORIAL
CONSOLIDATION
NOVEMBER 2023
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Content
z Electronic First Information Report.........................................................................................................1
z Re-instate Adultery as a Crime................................................................................................................2
z Petty Organized Crimes...........................................................................................................................3
z Terrorist Act Under UAPA........................................................................................................................5
z All India Judicial Services.........................................................................................................................6
z Restructuring of Supreme Court of India................................................................................................7
z Contempt of Court in India.....................................................................................................................8
z The Aftermath of Adjournments.............................................................................................................9
z Clubbing of Petitions.............................................................................................................................10
z Major Powers of Governor....................................................................................................................11
z Electoral Bonds.....................................................................................................................................12
z Constitutional Position of Caste Based Census by States......................................................................13
z Court’s View to Protect Media Professionals........................................................................................14
z Constitutionality of Fact Check Unit.....................................................................................................15
z Broadcasting Services (Regulation) Bill, 2023.......................................................................................16
z Judgment on Haryana Domicile Reservation........................................................................................17
z Error in the Same Sex Marriage Judgment............................................................................................18
z Deed of Familial Association.................................................................................................................19
z A Need to Relook Insolvency and Bankruptcy Process.........................................................................21
z India’s Delay in Rectifying Refugee Treaty.............................................................................................23
z Indian Laws Safeguarding Society Against Deepfake Technology.........................................................24
z Position of Artificial Intelligence under Copyright Law.........................................................................25
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www.drishtijudiciary.com Editorial Consolidation (November) 2023
Electronic First Information Report No injury

Ø Rajasthan: Vehicle theft
Introduction
Ø Uttar Pradesh: For unknown accused cases
The 22nd Law Commission of India, headed by Justice
Ø Uttarakhand: For unknown accused cases
Ritu Raj Awasthi, recommended an amendment to Section
154 of The Code of Criminal Procedure, 1973 (CrPC) in What are the Recommendations of the Report?
its 282nd report. The Law Commission promoted e-FIR and z In cases where the accused is not known, registration
gave recommendations for its registration procedure, of e-FIR should be allowed for all cognizable offences
which is a step towards India’s progressive Digital India as per Section 154 of CrPC.
mission and National eGovernance Plan. z Where the accused is known, as a preliminary step,
What is an eFIR? registration of e-FIRs may be allowed for all cognizable
z About: offences wherein the punishment prescribed under
Ø An e-FIR is an electronic version of this report, the Indian Penal Code, 1860 (IPC) and other laws for
which means it can be filed online or through the time being in force, is up to three years.
electronic means. z States may expand the list of offences for which e-FIR
Ø The introduction of e-FIR systems aims to make the may be registered in future, if the working of
process more efficient and accessible by allowing registration of e-FIR turns out to be effective.
people to register complaints with the police z Registration of e-Complaint should be allowed for all
through online platforms. non-cognizable offences as per Section 155 of CrPC.
z Status of e-FIR under Crime and Criminal Tracking z eVerification of complainant or informant is
Network and Systems (CCTNS): recommended to be done using e-authentication
z The National Crime Record Bureau (NCRB) commenced techniques.
the CCTNS project under which 8 states have Ø This can be achieved by verifying mobile numbers
implemented registration of e-FIR. through OTP for the purpose of registering e-FIR/e-
z 8 states allow registration of certain offences as Complaint and mandating the uploading of valid
mentioned below: ID proof like Aadhaar or any other Government
Ø Delhi: Property Theft Case, Motor Vehicle (MV) approved ID.
Theft Case z A minimum punishment of imprisonment and fine
Ø Gujarat: Mobile Theft, Vehicle Theft should be inflicted for false registration of e-complaints
Ø Karnataka: Reporting of Stolen Vehicles or e-FIR.
Ø Madhya Pradesh: In cases of vehicle theft up to 15
What is the Procedure
lakh or general theft up to one lakh.
Recommended for e-FIR in the Report?
Ø Odisha: Citizen can lodge FIR electronically for MV
Theft Cases in the following Circumstances: z Step 1:
Unknown Accused
Ø Police Officer will check the details as provided on
the Centralized National Portal (CNP) by the
Not involved in Crime (Vehicle should not be
Informant and check whether any Cognizable
involved in any Crime. Complaint shall give
Offence, attracting punishment up to 3 years (as
mandatory self-certification that the vehicle is
not involved in any crime at the time of filing of prescribed under the IPC and other special laws lor
e-FIR). the time being in force) has been committed or
not.
Not traced (Vehicle should not have been
recovered till the filing of e-FIR. Complainant z Step 2:
shall give mandatory self-certification to this Ø In case of Cognizable Offences punishable up to
effect. There shall be provision for verification 3 years:
of vehicle information from Vahan/Sarathi The Police Officer will register the said informa-
applications.) tion by filing it in the prescribed format provided
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in Annexure-C, mentioning all the relevant paged report of a Parliamentary committee on 10th
details including the Statute involved, Provisions November 2023 recommended to re-instate adultery as
of law, Place of Cause of Act, Time, etc. (within a crime in the Bhartiya Nyaya Sanhita, 2023 which is a
3 days) law proposed in place of the existing Indian Penal Code,
Ø In case of Cognizable Offences punishable above 1860 (IPC).
3 years:
The Police Officer will follow procedure as
What are the Contentions of the Parliamentary
mentioned under Section 154 of CrPC. (within Committee on the Criminalization of Adultery?
3 days) z In Favour:
Ø In case of Non-Cognizable Offences: Ø It was recommended that “For the sake of
The Police officer will not register the information protecting the institution of marriage, this section
as e-FIR and give the reasons for the same in should be retained in the Sanhita by making it
writing. The reasons shall also be uploaded on gender neutral”.
the CNP under the tab ‘STATUS’. Ø Struck down of Section 497 of the IPC is violative
Where a Non-Cognizable Offence is committed, of Articles 14, 15 and 21 of the Constitution of
the Police will proceed as per Section I55 of the India, 1950.
CrPC. Ø The committee further said that “This section only
z Step 3: penalized the married man and reduced the
Ø The Police Officer registering the information in the married woman to be a property of her husband”.
prescribed FIR format will inform the informant Ø The Committee is of the view that the institution
(via text on the mobile or using any other electronic of marriage is considered sacred in Indian society
mode and on the portal, under the tab ‘STATUS’). and there is a need to safeguard its sanctity.
The signature of the informant is required to be z Against:
made within 3 days.
Ø The opposition said that “Adultery should not be
z Step 4: a crime. It is an offence against marriage which is
Ø Signed information withing prescribed timeline will a compact between two persons; if the compact is
be considered as registered however the Police broken, the aggrieved spouse may sue for divorce
Officer will not register a not-signed e-FIR and it or civil damages”.
will be deleted from CNP.
Ø It added that “To raise marriage to the level of a
Conclusion sacrament is outdated. In any event, a marriage
The recommendations put forth in the report reflect a concerns only two persons and not society at
forward-looking approach toward leveraging technology large”.
to modernize and improve the criminal justice system. If The State has no business to enter into their
implemented effectively, these measures have the lives and punish the alleged wrongdoer.
potential to not only expedite the reporting of crimes but
also enhance the overall accessibility and reliability of the What is the Landmark Case
justice delivery system in India. The move towards digital which Upheld Adultery as a Crime?
FIR registration aligns with global trends in leveraging z Former Chief Justice of India Y V Chandrachud upheld
technology for a more responsive and accountable legal the act of adultery as a crime in the case of Sowmithri
framework. Vishnu v. Union of India (1985).
Re-instate Adultery as a Crime z The court observed that “It is better, from the point
of view of the interests of the society, that at least a
Introduction limited class of adulterous relationship is punishable
Adultery is decriminalized in India through the case of by law. Stability of marriages is not an ideal to be
Joseph Shine v. Union of India (2018). However, a 350 scorned”.
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z The court invalidated Section 198(2) of the Code of preventing major crimes depends on keeping order by
Criminal Procedure, 1973 (CrPC) as it pertains to the addressing minor offenses.
crime of adultery outlined in Section 497 of IPC.
z According to Section 198(2) of the CrPC, in specific
What are Organized Crimes?
instances, courts can only consider a case if brought z Organized crime in India includes variety of illegal
forward by the aggrieved party. activities that are planned, coordinated, and conducted
by criminal organizations.
Ø In the context of adultery, the provision designates
only the husband as the party deemed “aggrieved.” z These groups often operate with a hierarchical
structure and engage in activities such as smuggling,
How can Legislature Make a extortion, drug trafficking, human trafficking, money
Law Contrary to Supreme Court’s Verdict? laundering, and other illicit enterprises.
z IPC has few provisions for organized crimes though
z Parliament cannot directly pass a law against the
has several legislations are there in India dealing with
Supreme Court’s judgment, however it can pass a law
the organized crimes including the following:
having retrospective or prospective effect amending
Ø Maharashtra Control of Organized Crime Act, 1999
the basis of that judgment.
(MCOCA): It is the most significant legislative
z A bench of Justices L Nageswara Rao, Hemant Gupta,
measure in this regard which was enacted in 1999.
and S Ravindra Bhat, Madras Bar Association v. Union
MCOCA provides stringent measures for the
of India (2021) said: “The test for determining the
control and prevention of organized crime and the
validity of a validating legislation is that the judgment
forfeiture of property obtained from organized
pointing out the defect would not have been passed,
crime.
if the altered position as sought to be brought in by
Ø Prevention of Money Laundering Act, 2002
the validating statute existed before the Court at the
(PMLA): PMLA is another legislation aimed at
time of rendering its judgment. In other words, the
curbing the financial aspects of organized crime. It
defect pointed out should have been cured such that
focuses on tracking and seizing assets derived from
the basis of the judgment pointing out the defect is
criminal activities and holds individuals accountable
removed”. for money laundering.
Conclusion Ø Narcotic Drugs and Psychotropic Substances Act,
1985 (NDPS): NDPS also covers penalties related
The discussion on making adultery a crime in India
to organized gangs of smugglers.
involves an intricate mix of legal, social, and constitutional
elements. The potential impact of the Bhartiya Nyaya What are Petty Organized Crimes?
Sanhita, 2023, and its position on adultery is expected to z Petty organized crimes typically refer to low-level
trigger more discussions, necessitating a careful criminal activities that are organized and carried out
equilibrium between personal freedoms and societal by small groups or individuals.
norms in the context of marriage.
z These crimes are generally considered less serious than
Petty Organized Crimes major organized criminal enterprises but can still have
a significant impact on communities and individuals.
Introduction z Examples of petty organized crimes may include:
Bhartiya Nyaya Sanhita Bill, 2023 which was introduced Ø Shoplifting Rings: Organized groups working
to replace the existing Indian Penal Code, 1860 (IPC) has together to steal merchandise from retail stores
provisions for organized crimes including petty crimes. for resale or personal use.
The bill considers the fact that these petty organized Ø Pickpocketing: Coordinated efforts by individuals
crimes will impact the policing powers. The way police are or small groups to steal valuables, such as wallets
usually focused on petty, everyday crimes in India. This or phones, from unsuspecting victims in crowded
approach, called “broken windows policing,” believes that places.
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Ø Street-level Drug Dealing: Small-scale drug drugs, illicit goods or services and weapons, human
distribution networks operating at the neighbor- trafficking racket for prostitution or ransom shall
hood level, often involving low-level dealers. constitute organized crime.
Ø Auto Theft Rings: Groups that steal cars for various Ø It must be done by the effort of groups of
purposes, including joyriding, resale, or stripping individuals acting in concert, singly or jointly, either
for parts. as a member of an organized crime syndicate or
Ø Burglary Crews: Organized teams that collaborate on behalf of such syndicate.
to break into homes or businesses to steal valuable Ø It must be done by use of violence, threat of
items. violence, intimidation, coercion, corruption or
Ø Fraud Schemes: Groups engaging in various forms related activities or other unlawful means to obtain
of fraud, such as credit card fraud, identity theft, direct or indirect, material benefit including a
or small-scale financial scams. financial benefit.
Ø Illegal Gambling Rings: Small-scale, underground z Clause 112: Petty Organized Crime of Organized Crime
gambling operations that may involve activities like in General
poker games or sports betting. Ø Petty organized crime includes crime that causes
Ø Prostitution Rings: Organized networks involved general feelings of insecurity among citizens
in the illegal sex trade, arranging for the services relating to theft of vehicle or theft from vehicle,
of prostitutes and profiting from their activities. domestic and business theft, trick theft, cargo
crime, theft (attempt to theft, theft of personal
What are Facts and Figures property), organized pick pocketing, snatching,
on Policing of Organized Crimes? theft through shoplifting or card skimming and
Automated Teller Machine thefts or procuring
z According to a study conducted by the Criminal Justice
money in unlawful manner in public transport
and Police Accountability Project (CPA Project) on law
system or illegal selling of tickets and selling of
enforcement in Madhya Pradesh (MP) during the
public examination question papers and such other
pandemic, approximately 80% of the arrests made in
common forms of organized crime.
the state during lockdowns were related to minor
Ø It must be committed by organized criminal groups
offences.
or gangs.
z These offences mainly consisted of activities such as
Ø And it shall include the said crimes when committed
gambling and violations of excise laws, both carrying
by mobile organized crime groups or gangs that
punishments of less than seven years.
create a network of contacts, anchor points, and
z Moreover, a significant number of arrests targeted
logistical support among themselves to carry out
individuals from Adivasi and Vimukta communities,
a number of offences in the region over a period
particularly for the production of small quantities of
before moving on.
mahua liquor.
Ø Whoever commits or attempts to commit any petty
What is the Position of Petty Organized organized crime, under this shall be punished with
imprisonment for a term which shall not be less
Crimes in Bhartiya Nyaya Sanhita Bill, 2023?
than one year, but which may extend to seven
Clause 111 defines Organized crimes and Clause 112
years, and shall also be liable to a fine.
of the Bhartiya Nyaya Sanhita Bill, 2023 covers petty
organized crime or organized crime in general. Conclusion
z Clause 111: Organized Crime As India faces problems with organized crimes, the
Ø Acts of unlawful activity including kidnapping, Bhartiya Nyaya Sanhita Bill, 2023 is a thoughtful and
robbery, vehicle theft, extortion, land grabbing, proactive attempt to deal with the changing nature of
contract killing, economic offences, cyber-crimes criminal activities. This bill not only updates the old IPC
having severe consequences, trafficking in people, but also establishes itself as a strong set of laws to
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effectively fight organized crimes, ensuring the safety and otherwise) of a hazardous nature or by any other
well-being of the Indian people. means of whatever nature to cause or likely to
cause–
Terrorist Act Under UAPA death of, or injuries to, any person or persons;
Introduction or
Recently, the Jammu & Kashmir High Court (HC) in the loss of, or damage to, or destruction of, property;
case of Peerzada Shah Fahad v. Union Territory of Jammu or

and Kashmir & Anr. (2023) gave bail to journalist Fahad disruption of any supplies or services essential
Khan. HC in this case said that the criticism of the to the life of the community in India or in any
government cannot be called a terrorist act under the foreign country; or
Unlawful Activities (Prevention) Act, 1967 (UAPA). damage to, the monetary stability of India by
way of production or smuggling or circulation
What is the Unlawful of high quality counterfeit Indian paper currency,
Activities (Prevention) Act, 1967 (UAPA)? coin or of any other material; or
z The UAPA, is an anti-terrorism law in India which was damage or destruction of any property in India
enacted in 1967. or in a foreign country used or intended to be
z The primary purpose of the UAPA is to prevent used for the defence of India or in connection
unlawful activities that pose a threat to the sovereignty with any other purposes of the Government of
and integrity of India. India, any State Government or any of their
z Under the UAPA, the government has the power to agencies; or
declare an organization as a “terrorist organization”, Ø overawes by means of criminal force or the show
individuals as “terrorists” and acts as “terrorist acts”. of criminal force or attempts to do so or causes
death of any public functionary or attempts to
What is Terrorist Act Under UAPA?
cause death of any public functionary; or
z The UAPA defines “terrorist act” in Section 15 of the
Ø detains, kidnaps or abducts any person and
UAPA.
threatens to kill or injure such person or does any
z According to the Act, a terrorist act includes any act
other act in order to compel the Government of
which violates several factors such as sovereignty,
India, any State Government or the Government
integrity, security, economic security, or strategic
of a foreign country or an international or inter-
interests of India, or with intent to strike terror or likely
governmental organisation or any other person to
to strike terror in the people or any section of the
do or abstain from doing any act; or commits a
people.
terrorist act.
z It also includes acts that are intended to or likely to
wage war against the government of India. Why Criticism of Government Cannot
What is Section 15 of UAPA? Be Considered as Terrorist Act under UAPA?
z Whoever does any act with intent to threaten or likely z The court said if it would consider such act under UAPA
to threaten the unity, integrity, security, economic then any criticism of the central government can be
security, or sovereignty of India or with intent to strike described as a terrorist act because the honour of India
terror or likely to strike terror in the people or any is its incorporeal property.
section of the people in India or in any foreign country– Ø Incorporeal property refers to property that does
Ø by using bombs, dynamite or other explosive not have a physical existence but represents legal
substances or inflammable substances or firearms or intellectual rights.
or other lethal weapons or poisonous or noxious z Such a proposition would collide head along with the
gases or other chemicals or by any other substances fundamental right to freedom of speech and
(whether biological radioactive, nuclear or expression enshrined in Article 19 of the Constitution.
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z Article 19 affirms fundamental right to freedom of Ø The AIJS would establish a standardized and
speech and expression and hence the opinion against uniform selection process for the appointment of
government if considered as a terrorist act will hamper judges.
the basic structure of the article. Ø This ensures that the judiciary maintains a
consistent level of competence and expertise
Conclusion
across the nation.
The court’s view in this matter helps prevent the UAPA
Ø Candidates would be selected based on merit,
from being wrongly used to silence disagreement. It
eliminating regional disparities in the quality of
highlights the need to protect the fundamental values of
judges.
India’s democracy. The decision shows that the judiciary
plays an important role in balancing national security and z Efficiency in Recruitment:
personal freedoms, ensuring that constitutional rights Ø A centralized recruitment process would streamline
must be upheld for a strong and democratic nation. and expedite the appointment of judges.
Ø Currently, the recruitment process varies from state
All India Judicial Services to state, leading to delays and administrative
complexities.
Introduction
Ø The AIJS would simplify the process, making it more
Recently on India’s Constitution Day or Law Day,
efficient and transparent.
President suggested the establishment of an All-India
Judicial Services (AIJS) to provide opportunities to young z Addressing Regional Imbalances:
lawyers. President’s recent proposal to establish an AIJS Ø The current system sometimes results in regional
in pursuit of a more diversified judiciary is a testament to imbalances, with certain states facing challenges
the ongoing discourse surrounding the optimal methods in attracting qualified candidates.
of recruiting judges. Ø The AIJS would promote mobility and a more
Advocating for the infusion of bright and talented equitable distribution of judges, ensuring that all
individuals from diverse backgrounds into the judicial states have access to a pool of talented and
system, the President’s suggestion hinges on the promise experienced judicial officers.
of a merit-based selection process. This proposal reignites z Reducing Vacancies:
a longstanding debate on the desirability and practicality Ø By providing a systematic and centralized
of a national recruitment system at the district judge level. recruitment mechanism, the AIJS aims to reduce
the longstanding issue of vacancies in the lower
What is All India Judicial Services?
judiciary.
z The concept has been a subject of discussion and
Ø This, in turn, would contribute to the timely
debate in the legal and political circles in India for
several years. disposal of cases and enhance the overall efficiency
of the judicial system.
z The idea is to create a centralized recruitment process
for judges, similar to the existing civil services, to What are the Challenges
ensure a uniform and high standard of judicial
competence across the country.
Before All India Judicial Services?
z Federalism Concerns:
z This proposal aims to address various challenges faced
by the judiciary, including the issue of vacancies, Ø Critics argue that the establishment of a centralized
regional imbalances, and the need for a more efficient recruitment process for judges might infringe upon
and transparent recruitment system. the principles of federalism.
Ø The diverse legal traditions and requirements of
What are the Advantages different states may not be adequately addressed
of All India Judicial Services? by a uniform selection process.
z Uniform Standards: z Local Language Proficiency:
6
Ø The ability to understand and communicate in the Conclusion

local language is crucial for judges dealing with The establishment of AIJS has the potential to address
cases at the grassroots level. longstanding issues in the Indian judiciary, including the
Ø AIJS, if not implemented carefully, might compro- problem of vacancies and regional imbalances. However,
mise this aspect, as judges from other states may it is important to resolve the challenges carefully, taking
not be proficient in the local languages. into consideration the principles of federalism, language
z Resistance from State Governments: diversity, and the need for a transparent and accountable
Ø State governments currently have control over the system.
recruitment of judges within their jurisdiction.
Restructuring of Supreme Court of India
Ø The proposed shift of this power to a centralized
body might face resistance from some states Introduction
concerned about losing autonomy in judicial The Supreme Court of India, a paramount institution
appointments. in the country’s legal framework, operates within three
constitutional jurisdictions: original, appellate, and
What is the Constitutional
advisory. Functioning both as a Constitutional Court and
Provision for All India Judicial Services? a Court of Appeal, it convenes in benches of varying sizes
z Article 312 of the Constitution, modified by the 42nd under the direction of the Chief Justice of India (CJI).
Amendment, introduces the provision for establishing To enhance judicial stability and consistency, there is a
an AIJS. call for restructuring, proposing a Final Court of Appeal
z The process mandates a two-thirds majority resolution alongside a permanent Constitution Bench. This move
by the Council of States and the enactment of a aims to streamline the Court’s workload and ensure
parliamentary law. effective deliberation on substantial constitutional issues.
z Acknowledging the need for centralization, this The court itself has expressed the desire to establish a
constitutional amendment recognizes that state-level National Court of Appeal to cater to restructuring.
regulations for the subordinate judiciary must yield to
a unified central law. How have the Benches
Ø However, challenges arise as some states may resist of Supreme Court Evolved?
relinquishing control over their judiciary to be z During colonial times, India had three separate SCs
centralized. located in Bombay, Calcutta, and Madras.
z The provision also mentioned that AIJS referred to in Ø These courts served as the highest judicial
Article 312 shall not include any post inferior to that authorities in their respective regions.
of a district judge. z The Indian High Courts Act, 1861 marked a significant
transition, replacing the three SC with High Courts
What is the Current Scenario? established for different regions of the country.
z Union Law Minister’s revelation in the Rajya Sabha Ø The SC, as we recognize it today, was founded on
highlights a lack of consensus on the AIJS proposal. January 28, 1950, just two days after India officially
Ø Only two High Courts support it, while 13 oppose. became an independent and democratic republic.
z The existing recruitment system for district judges Ø This establishment was in accordance with Article
and subordinate officers, managed by High Courts 124 of the Constitution.
and public service commissions, ensures diversity z The SC came into existence in Delhi, and its creation
through reservations and understanding of local was stipulated by Article 130 of the Constitution.
conditions.
z Unlike civil service, judges lack lower bureaucracy What are the Recommendations of Law Com-
support, emphasizing the need for their expertise in missions on Restructuring of Supreme Court?
judicial decision-making. z Division of the SC:
7
Ø In 1984, 95th report of the 10th Law Commission Way Forward

of India under the Chairmanship of Justice K K z A permanent constitutional bench can be established
Mathew proposed the division of the SC into two following the recommendations of the law commissions
divisions: the Constitutional Division and the Legal to lessen up the burden of SC and accelerate its final
Division. verdicts.
Ø The constitutional division would exclusively z Re-structuring of the SC is under consideration in the
handle issues related to constitutional law, case of V Vasanthkumar v. H.C. Bhatia (2016) to
signaling a specialized approach to constitutional safeguard and patronize the right of citizens to access
matters whereas the legal division will be dealing the SC.
with other matters besides constitutional matters.
z Justice Accessibility and Fee Reduction: Contempt of Court in India
Ø The 11th Law Commission in 1988 in its 125th report Introduction
under the chairmanship of Justice D A Desai Chief Justice of India D Y Chandrachud, in an interview,
supported the idea of dividing the SC, emphasizing explained that the authority of constitutional courts to
that it would enhance justice accessibility. take action for contempt is meant to ensure the smooth
Ø The rationale was that splitting the court into functioning of the courts, not to shield judges from
divisions would make justice more widely available, criticism. The Constitution grants authority to the
particularly by reducing fees for litigants. Supreme Court and high courts through Articles 129 and
Ø This proposal aimed to address the concentration 215 to penalize contempt, with the operational procedures
of appeals from specific High Courts, making justice outlined in the Contempt of Courts Act, 1971 (Act of 1971).
more equitable.
What is Contempt of Court?
z Regional Benches for Non-Constitutional Issues:
z Contempt of court is a legal concept that seeks to
Ø The 18th Law Commission in its 229th report in
protect the dignity and authority of the judicial system.
2009 under the chairmanship of Justice A R
z In India, contempt of court is addressed under the Act
Lakshmanan recommended the creation of four
of 1971, which defines and prescribes punishment for
regional benches in Delhi, Chennai or Hyderabad,
contemptuous actions.
Kolkata, and Mumbai.
z The primary objective is to maintain the sanctity of
Ø These regional benches would specifically handle
the judicial process, ensuring that the judiciary’s
non-constitutional issues, with six judges from authority is respected and upheld.
each region taking up appellate responsibility.
z However, the interpretation and application of
Ø This decentralization was envisioned as a means
contempt laws often raise concerns about potential
to address the heavy backlog of non-constitutional infringement on freedom of expression, leading to a
cases, enabling the SC to focus on constitutional delicate balance that must be maintained.
issues and cases of national importance on a day-
to-day basis. What are the Types of Contempt of Court?
z Contempt of court in India can be broadly categorized
What is the National Court of Appeal? into two types: civil contempt and criminal contempt.
z The SC in Bihar Legal Support Society v. Chief Justice z Under Section 2(b) of the Act of 1971, Civil contempt
of India (1986) expressed desirability of establishing refers to willful disobedience to any judgment, decree,
a National Court of Appeal. direction, order, or other processes of a court, whereas
z This court would be empowered to entertain special criminal contempt involves actions that scandalize or
leave petitions, allowing the SC to focus primarily on tend to scandalize, or lower or tend to lower the
constitutional and public law-related questions. authority of any court.
z The proposal aimed to streamline the types of cases z Under Section 2(c) of the Act of 1971 “criminal
heard by the SC. contempt” means the publication (whether by words,
8
spoken or written, or by signs, or by visible represen- Conclusion

tation, or otherwise) of any matter or the doing of any The Act of 1971 requires careful scrutiny and, if
other act whatsoever which— necessary, reform to address the ambiguities and concerns
(i) scandalises or tends to scandalise, or lowers or that have been raised over the years. The judiciary’s
tends to lower the authority of, any court; or commitment to upholding the principles of democracy,
(ii) prejudices, or interferes or tends to interfere with, including freedom of expression, will be crucial in
the due course of any judicial proceeding; or navigating the delicate equilibrium between protecting
(iii) interferes or tends to interfere with, or obstructs the court’s authority and preserving citizens’ rights in the
or tends to obstruct, the administration of justice years to come.
in any other manner;
The Aftermath of Adjournments
What are the Defences Available
Introduction
in the Contempt of Courts Act, 1971?
The Indian judiciary is considered as the backbone of
z Innocent Publication: Under Section 3 if the persons
the democratic system. However, one of the persistent
so publishing had at the time of its publication no
challenges plaguing the Indian legal system is the frequent
reasonable grounds for believing that the proceeding
adjournment of court proceedings. Adjournments, or the
was pending, the publication is described as “innocent”.
postponement of hearings, have become a routine
z Fair and Accurate Report of Judicial Proceeding:
occurrence, leading to significant consequences for the
Under Section 4 a person shall not be guilty of
efficiency and effectiveness of the judicial process in India.
contempt of court for publishing a fair and accurate
Recently, Chief Justice of India D Y Chandrachud
report of a judicial proceeding or any stage thereof.
mentioned that in the past two months, lawyers have
z Fair Criticism: Under Section 5 it is the privileged right
requested adjournments in 3688 cases including cases
of the Indian citizen to believe what he considers to
listed for urgent hearings.
be true and to speak out his mind.
z Complaint Against Presiding Officer: Under Section 6 What are the Causes of Adjournments?
A person shall not be guilty of contempt of court in z Case Overload:
respect of any statement made by him in good faith Ø The Indian judiciary is burdened with an over-
concerning the presiding officer of any subordinate
whelming caseload, leading to a strain on resources.
court.
Ø Overworked judges and court staff often struggle
z Truth as a Defence: Section 13 enables the Court to
to manage the huge volume of cases, making it
permit justification by truth as a valid defence in any
difficult to adhere to strict timelines.
contempt proceedings if it is public interest or bona
z Procedural Delays:
fide.
Ø The diverse legal procedures and documentation
z Apology: Proviso to Section 12(1) says that the
requirements contribute to delays.
accused may be discharged, or the punishment
Ø The need for a strict adherence to procedural
awarded may be remitted on apology being made to
the satisfaction of the Court. formalities often leads to adjournments as parties
may not be adequately prepared.
What is the Current z Lawyer Unavailability:
Scenario of Contempt of Court? Ø The unavailability of lawyers due to personal or
z In April 2018, a report from the Law Commission professional commitments is a common cause of
revealed that high courts had 568 pending criminal adjournments.
contempt cases and 96,310 civil cases. Ø Legal practitioners may have multiple cases
z On April 10, 2018, the Supreme Court had 683 civil scheduled on the same day, resulting in requests
contempt cases and 15 criminal contempt cases for postponement.
awaiting resolution. z Witness Unavailability:
9
Ø The absence of key witnesses is another factor Clubbing of Petitions

leading to adjournments.
Ø Coordinating the schedules of multiple parties Introduction
involved in a case can be challenging, causing The Supreme Court of India has set a timeframe within
delays in the legal proceedings. which the Maharashtra Assembly Speaker must make a
decision on petitions which were clubbed regarding the
What is the Aftermath of Adjournments? disqualification of members who separated from the
z Litigants, particularly those from socio-economically leadership of the Shiv Sena and the Nationalist Congress
disadvantaged backgrounds, often face financial strain Party (NCP). It can be contended that “Speaker has had
due to prolonged legal battles. enough time to decide the matter, even though a few
z Delays in the resolution of cases can lead to frustration procedural aspects and the clubbing of petitions may
and a loss of faith in the judicial system. account for some delay”.
z Unnecessary adjournments result in additional
expenses related to legal fees, court fees, and other What is Clubbing of Petitions?
associated costs. z Petitions have long been recognised as a powerful
z This financial burden can be particularly challenging tool for citizens to voice their concerns and advocate
for individuals and smaller businesses. for change.
z The cumulative effect of adjournments is the creation z In recent years, a growing trend known as the
of a backlog of cases, leading to congestion in the “clubbing of petitions” has emerged, wherein multiple
courts. petitions on similar or related issues are consolidated
to amplify their impact.
What are the Measures to Tackle z This collaborative approach not only streamlines
the Challenges due to Adjournments? efforts but also enhances the effectiveness of advocacy
z Implementing judicial reforms to streamline proce- campaigns.
dures and reduce the burden on the courts is essential.
z The adoption of technology for case management, What is the Purpose of Clubbing of Petitions?
training programs for judges and court staff, and other z The clubbing of petitions involves the aggregation of
measures to enhance the efficiency of the judicial multiple petitions that share a common theme, cause,
system. or objective.
z Setting realistic timelines for proceedings, closely z Instead of scattered voices advocating independently,
monitoring the progress of cases, and imposing these petitions unite under a collective umbrella,
consequences for unnecessary delays can contribute amplifying their impact and conveying a more
to a more efficient legal process. strengthened mandate for change.
z Encouraging the use of alternative dispute resolution z The aim is to consolidate support, create a critical
mechanisms, such as mediation and arbitration. mass, and present decision-makers with a unified front
of public opinion.
Conclusion
z The Clubbing of Petition saves the time of the court
The delay in Indian courts has many effects, not just
of law in dealing with cases having the same issues.
on the people involved in legal cases but also on how well
the judicial system works and how much people trust it. What are the Challenges
Fixing this problem needs a big plan that includes changing
how the courts operate, making the legal process
before Clubbing of Petitions?
smoother, and a promise to make things happen faster. z Diversity of Objectives:
Only when everyone works together to reduce delays can Ø One of the challenges in clubbing petitions arises
the Indian courts really do their job of making sure justice when the individual petitions have diverse or
is done fairly for everyone in the country. conflicting objectives.
10
Ø Striking a balance and finding common ground Who is the Governor?

among different advocacy groups can be a complex z The Governor’s position is established under Article
task. 153 of the Constitution.
z Maintaining Individual Identity: z The Governor is appointed by the President of India
Ø While clubbing petitions provides strength in and is the chief executive of the State.
numbers, it is crucial to ensure that the distinct z In India, the Governor plays an important role in the
identity of each petition is not lost. legislative process at the state level.
Ø Maintaining the unique voice of each petition z The Governor is the Constitutional head of the state
within the collective effort is essential for and has powers and responsibilities related to the
authenticity. enactment of state bills.
z Coordination and Leadership: z The key powers of the Governor over state bills are
Ø Coordinating efforts among multiple petition outlined in the Constitution of India under Article 200.
initiators requires effective leadership and
organisation. What is Article 200 of
Ø Clear communication channels and collaborative Constitution of India, 1950?
decision-making structures are vital to avoid z When a Bill has been passed by the Legislative
confusion and ensure a smooth functioning Assembly of a State or, in the case of a State having a
campaign. Legislative Council, has been passed by both Houses
z Political Resistance: of the Legislature of the State, it shall be presented to
Ø In some cases, decision-makers may resist the Governor.
collective efforts, viewing them as an attempt to z And the Governor shall declare either that he assents
manipulate or exert undue pressure. to the Bill or that he withholds assent therefrom or
Ø Navigating political resistance while maintaining that he reserves the Bill for the consideration of the
the integrity of the campaign is a persistent President.
challenge. z Governor may, as soon as possible after the presen-
tation to him of the Bill for assent, return the Bill if it
Conclusion is not a Money Bill together with a message requesting
By harnessing the power of collective advocacy, that the House or Houses will reconsider the Bill or
individuals can transform their voices into a force capable any specified provisions thereof and, in particular, will
of influencing policy decisions and shaping the future of consider the desirability of introducing any such
society. While challenges exist, the potential benefits, amendments as he may recommend in his message.
including amplified impact and collaborative strength, z And, when a Bill is returned, the House or Houses shall
make the clubbing of petitions a compelling tool for those reconsider it accordingly, and if the Bill is passed again
seeking positive change in their communities and beyond. by the House or Houses with or without amendment
Major Powers of Governor and presented to the Governor for assent, the
Governor shall not withhold assent therefrom.
Introduction z If the Governor has not given assent to the bill, he
Tamil Nadu and Kerala have approached the Supreme shall reserve it for the consideration of the President.
Court against Governors wielding their power to hinder Ø If a bill, after being presented to the Governor for
the execution of decisions made by elected state assent, is reserved for the consideration of the
governments. The two states are raising concerns about President of India, the Governor must act according
the prolonged withholding of approval for bills passed by to the instructions received from the President.
the legislature. The states contended that powers
mentioned under the Constitution of India, 1950 is not What are the Other Powers of the Governor?
adhered to by their respective Governors. z Summoning and Proroguing the State Legislature:
11
Ø Under Article 174 of the Constitution, the Governor What is a Floor Test?
has the authority to summon and prorogue the z It is test mentioned in the Constitution of India to
sessions of the state legislature. prove the majority of ruling government.
Ø The Governor addresses the legislature at the z The floor test happens to examine if the Chief Minister
beginning of each session, outlining the govern- has confidence of other members too.
ment’s policies and programs. z In the case of a coalition government the Chief
z Dissolution of the State Legislative Assembly: Minister is asked to move a vote of confidence and
Ø Under Article 174 of the Constitution, the Governor win the floor test by gaining a majority.
can recommend the dissolution of the Legislative
Assembly if no party or coalition is able to form a Conclusion
government or if the Chief Minister advises the The Governor’s powers are exercised within the
dissolution. framework of the Constitution of India, and the role is
Ø However, this power is exercised under specific
largely ceremonial. The Governor is expected to act on
circumstances and is not entirely discretionary. the advice of the Council of Ministers led by the Chief
Minister, except in situations where discretion is explicitly
z Special Address by Governor:
granted by the Constitution.
Ø This power is utilized by the Governor at the
commencement of the first session after each Electoral Bonds
general election to the Legislative Assembly and
at the commencement of the first session of each Introduction
year. Recently, the Election Commission of India (ECI) has
Ø Under Article 176 of the Constitution, the directed all the political parties to submit details of all
Governor shall address the Legislative Assembly donations that they have received through electoral bonds
or, in the case of a State having a Legislative Council, by 15th November 2023.
both Houses assembled together and inform the z This direction by the ECI comes after the Supreme
Legislature of the causes of its summons. Court directed the poll panel to produce before it
sealed cover the of the latest data of funds received
z Money Bills:
by political parties through electoral bonds till 30th
Ø Similar to the President’s powers at the national
September 2023.
level, the Governor’s role in relation to money bills
is limited. What is an Electoral Bond?
Ø The Governor can only delay the assent on which z Electoral bonds are interest-free bearer bonds or
recommendations can be made, but the legislature money instruments that can be purchased by
is not bound to accept them. companies and individuals in India from authorized
z Call for a Floor Test: branches of the State Bank of India.
Ø The Governor has the power to call for a floor test z These bonds are sold in multiples of Rs 1,000, Rs
to check if the government has proper numbers or 10,000, Rs 1 lakh, Rs 10 lakh, and Rs 1 crore.
not under Article 175(2) of the Constitution. z They can be purchased through a Know Your Customer
Article 175 (2) states that “The Governor may (KYC)-compliant account to make donations to a
sent messages to the House or Houses of the political party. The political parties have to encash
Legislature of the State, whether with respect them within a stipulated time.
to a Bill then pending in the Legislature or z These bonds are considered anonymous as the name
otherwise, and a House to which any message and other information of the donor are not entered
is so sent shall with all convenient dispatch on the instruments.
consider any matter required by the message z There is no upper limit on the number of electoral
to be taken into consideration”. bonds that a person or company can purchase.
12
What is the Eligibility Criteria for What are the Benefits of

Receiving Funds Through Electoral Bonds? the Electoral Bond Scheme?
z Only the political parties registered under Section 29A z Enhanced transparency in political party funding.
of the Representation of the People Act, 1951 who z Accountability in disclosing donation utilization.
have secured not less than 1% of the votes polled in z Discouragement of cash transactions.
the last general election to the House of the People z Preservation of donor anonymity.
or the Legislative Assembly, are eligible to receive
electoral bonds. What are the Challenges
of the Electoral Bond Scheme?
What is the Electoral Bond Scheme, 2018?
z This scheme violates the citizen’s fundamental right
z The Electoral Bond scheme was introduced in
to information under Article 19 (1)(a) of the
The Finance Act, 2017 and was implemented in
Constitution of India, 1950 (COI).
2018.
z Anonymity may be compromised by government’s
z The Finance Act, 2017 amended the Representation
access to donor data.
of the People Act, 1951, Reserve Bank of India Act,
z Risk of crony capitalism and infusion of black money.
1934, Income Tax Act, 1961 and The Companies Act,
Ø Crony Capitalism is an economic system
2013 for the implementation of the Electoral Bond
Scheme. characterized by close, mutually advantageous
relationships between business leaders and
What is the Role of the government officials.
Supreme Court in Electoral Bond Scheme? z Loopholes regarding transparency for corporate
z The Association for Democratic Reforms (ADR), entities and donation limits.
Common Cause and the Communist Party of India z This scheme may lead to favoritism towards Rich
(Marxist) filed petitions in the Supreme Court Corporates.
challenging the aforesaid amendments.
Way Forward
z On 16th October 2023, the petitioners approached the
z Implement measures to enhance transparency in the
Supreme Court to hear the case of Electoral Bond
Electoral Bond Scheme.
Scheme prior to the 2024 General Elections.
z Enforce stricter regulations for political parties
z A Bench led by Chief Justice of India (CJI) D.Y
to disclose and let the ECI examine the donation
Chandrachud, with Justices J.B. Pardiwala and Manoj
and make observation regarding both bonds and
Misra referred noting the importance of the issue
expenditure.
and referred the case to a five-judge Constitution
Bench. z Identify and rectify loopholes in the Electoral Bonds
to prevent potential misuse, violation of donation
z On 31st October 2023, a five-judge Constitution Bench
limits, and risks such as crony capitalism and black
led by CJI D.Y Chandrachud, with Justices Sanjiv
money infusion.
Khanna, B.R. Gavai, J.B. Pardiwala, and Manoj Misra
heard arguments over three days. Constitutional Position
z The Supreme Court is deciding whether the current of Caste Based Census by States
electoral bonds scheme facilitates anony-
mous corporate funding to political parties and Introduction
whether it was wrongly certified as a Finance Act. The Patna High Court in the case of Youth For Equality
The Court’s decision will affect transparency in and others v. State of Bihar and others along with
election funding. connected matters (2023) held the caste-based census
Ø On 2nd November 2023, the Constitution Bench by Bihar government valid by stating that “purpose (of the
reserved the judgement. survey) is to identify the Backward Classes, Scheduled
13
Castes (SCs) and Scheduled Tribes (STs) with the aim of z Entry 30 states the power related to Vital statistics
uplifting them and ensuring equal opportunities to them”. including registration of births and deaths.
However, the Supreme Court has issued notice on that z All the aforementioned entries can be considered as a
judgment of Patna High Court. purpose coupled with outcome of caste-based census.
What is a Caste Census? What is the Stand of Central

z A caste census is a population survey that aims to Government on Caste Based Census?
collect information on the caste composition of a z In 2021 the Central government promulgated the
particular region or country. initiative of a country-wide caste-based census.
z Caste refers to a social stratification system. z Centre government filed affidavit challenging the
z In this system, society is divided into different social Bihar government’s survey in SC in the case of Ek
groups or castes, often with distinct occupations, social Soch Ek Paryas v. Union of India (2023).
status, and privileges. z The Central government said in its affidavit that “The
z A caste census involves gathering data on the central government is committed to taking all
distribution of various castes within the population. affirmative actions for the upliftment of SCs, STs,
Socially and Educationally Backward Classes (SEBC)
z The objective is to understand the demographic
and Other Backward Classes (OBCs) in accordance with
composition of different caste groups, their socio-
the provisions of the Constitution of India and the
economic status, educational levels, and other
applicable law”.
relevant parameters.
z Centre government in its affidavit has not discussed
z This information can be used for policy planning,
about its view of survey violating right to privacy.
resource allocation, and to assess the effectiveness of
z It has also not mentioned its scope of power on Entry
affirmative action or reservation programs aimed at
69 of List I of the Constitution, that is Union List which
addressing historical social inequalities.
covers census.
What are the Issues Raised Conclusion
Against the Caste Based Census? The British government passed the Criminal Tribes Act,
z The data collected through the Caste-Based Survey is 1871 which declared people belonging to a certain tribe,
violative of Right to Privacy inherited under Article 21 community and caste as born criminal however such data
of the Constitution of India, 1950. in this Act has no relevance in today’s social and regional
z The State government is not competent to conduct dynamics. Likewise, Caste census was last conducted in
caste-based survey as the Constitution exclusively India in year 1931 which has no relevance in current
empowers the Central government with law-making scenario. To understand the current structure of castes in
power on the census. the nation, a regional-level survey may emerge more
efficiently concerning the diversity of the population.
What is the Position of
Caste-Based Survey in Constitution? Court’s View to
z Census is neither defined in the Constitution nor in
Protect Media Professionals
Census Act, 1948. Hence, it is considered as Introduction
“headcounts” of residents in the country for their Supreme Court in the case of Foundation for Media
social and economic upliftment. Professionals v. Union of India & Ors. (2023) has stated
z Entry 20 List III that is the Concurrent List empowers that there has to be a balancing of interests and proper
both Central and State Governments to work for guidelines need to be framed to protect the interests of
Economic and Social Planning. the media professionals. Concerns were raised as the
z Entry 23 provides the power related to social security laptops and other devices of journalists were seized and
and social insurance; employment and unemployment. searched.
14
What is the Concern of the Foundation? z Article 21 states: “No person shall be deprived of his
z The Foundation raised the issue that “legal possibility life or personal liberty except according to procedure
for being compelled to hand over one’s digital devices established by law.”
which contain a trove of not only sensitive personal z Over the years, the SC has interpreted the right to life
data but also sensitive and confidential professional expansively to include the right to livelihood.
information. z The court has held that the right to life under Article
z Such information includes the details of informants, 21 includes the right to live with dignity, and earning
sources, financial data, without these having any nexus a livelihood is an essential part of a dignified life.
between purported law enforcement interests, casts z In Olga Tellis v. Bombay Municipal Corporation (1985),
a serious and indelible chilling effect across society the SC observed that the right to livelihood is part of
generally, and the journalist community more the right to life under Article 21.
specifically which has been rendered unable to fully z Similarly, in the case of People’s Union for Democratic
exercise its basic constitutional freedom of speech and Rights v. Union of India (1982), the court recognized
exercising one’s profession”. the right to livelihood as a fundamental right.
What is the Observation of Court? Conclusion

z Justice Sanjay Kishan Kaul and Sudhanshu Dhulia The Foundation for Media Professionals case (2023)
heard the matter where Justice S K Kaul said “These reinforces the significance of upholding constitutional
are media professionals who will have their own values while addressing the challenges posed by evolving
sources and other things. There must be some technologies. It serves as a reminder that in the pursuit
guidelines”. of justice, it is imperative to protect the rights and
z The court said to investigating agencies that, “if you freedoms that form the bedrock of a democratic society.
take everything away, there’s a problem. You must Constitutionality of Fact Check Unit
ensure that there are some guidelines”.
Introduction
What are the Views against Seizure?
The Tamil Nadu Government recently decided to create
z If a journalist’s communication devices can be taken
a Fact Check Unit to verify information about the
away and their information checked just based on
government on various media platforms. However, this
weak claims, it puts at risk the people who provide
decision is criticized for going against several basic rights
information and makes it difficult for journalists to affirmed by the Constitution of India, 1950, and is unclear
do their work. and arbitrary in an unconstitutional way. A state-run fact
z This not only affects press freedom but also harms check unit is criticized as a threat to Article 19 of the
journalists’ right to livelihood enshrined under Article Constitution of India, 1950.
21 of the Constitution of India, 1950 as digital devices
are crucial for their job. What are the Steps taken by the Central
z The encroachment in the investigating devices of Government Regarding Fact Check Unit?
media professionals who are the fourth pillar of a z The Government of India has amended the Information
democratic nation is against Article 21 of the Technology (Intermediary Guidelines and Digital
Constitution of India, 1950. Media Ethics Code) Rule, 2021 to bring a fact check
unit.
What is the Right to
z The government planned to set up a fact check unit
Livelihood under the Constitution? to “fake, false or misleading” information in respect
z The right to livelihood in the Constitution of India is of “any business of the central government”.
not explicitly mentioned as a fundamental right. z A challenge has been made against the aforementioned
z However, it is derived from the broader right to life decision of the Central Government in the case of
and personal liberty guaranteed under Article 21 of Kunal Kamra v. Union of India (2023) before the
the Constitution. Bombay High Court.
15
z The government has ensured the HC to put a stay on Ø Security of the State: Restrictions can be imposed
notifying fact check unit till the final judgment. to prevent activities that threaten the security of
the state.
What is the Stand of Tamil Nadu Ø Friendly Relations with Foreign States: Speech or
Government on the Fact Check Unit Issue? expression that may harm India’s relations with
z As the Tamil Nadu government decided to establish a other countries can be restricted.
fact check unit, its decision is challenged before the Ø Public Order: Restrictions can be imposed to
Tamil Nadu HC however, the HC stated that it will wait prevent activities that may disrupt public order.
for the decision of the Bombay HC. Ø Decency and Morality: Speech or expression that
z The Government Order (GO) by Tamil Nadu govern- goes against the accepted standards of decency
ment said that the fact check unit will detect the and morality can be restricted.
truthfulness of announcements, policies, schemes, Ø Contempt of Court: Restrictions can be imposed
guidelines, and initiatives of the state government. to prevent contempt of court, which includes
z The information will be in two categories actionable actions that disrespect or obstruct the functioning
and non-actionable. Actionable information will lead of the judiciary.
to further legal action by the concerned authorities. Ø Defamation: Restrictions can be imposed to prevent
How Fact Check Unit defamation, which involves making false statements
that harm the reputation of an individual.
Violates Article 19 of the Constitution?
Ø Incitement to Offense: Speech or expression that
z It has a chilling effect upon fundamental right to
directly leads to the commission of an offence can
freedom of speech and expression enshrined under
be restricted.
Article 19(1)(a) of the Constitution.
z A GO cannot restrict fundamental right to freedom of Way Forward
speech and expression. The government contended z A meeting to discuss the impact of fact check unit and
that this GO came to protect public interest however the issues of false information on social media must
public interest is not covered under a reasonable be held with intermediary giants such as Facebook, X,
restriction under Article 19 (2) of the Constitution. and Google.
z There is ambiguity regarding whether an expert z There is a need to promote media literacy and public
expressing their opinion criticizing government policy awareness related to fake and false news.
will fall under the coverage of the fact-checking unit.
z This will restrict public participation in democracy as Broadcasting Services
the public will resist putting forth their opinion which (Regulation) Bill, 2023
may fall prey to fact check unit as false or fake
information. Introduction
Recently, the Ministry of Information and Broadcasting
What are the Reasonable Restrictions has released the draft on Broadcasting Services (Regulation)
under Article 19 (2) of the Constitution? Bill, 2023 and has invited comments on it for a period of
z The reasonable restrictions under Article 19(2) are 30 days. This bill provides for the consolidation of the legal
meant to balance the right to freedom of speech and framework for the broadcasting sector and extends it to
expression with the larger interests of society. the Over-the-Top (OTT) content and digital news and
Following reasonable restrictions are mentioned in current affairs as well.
Article 19 (2) of the Constitution:
Ø Sovereignty and Integrity of India: Restrictions
What is Broadcasting
can be imposed to prevent activities that may Services (Regulation) Bill, 2023?
undermine the sovereignty and integrity of the z This Bill provides for a consolidated framework to
country. regulate the broadcasting services in the country
16
and seeks to replace the existing Cable Television z It allows for a differentiated approach to programme
Networks (Regulation) Act, 1995 and other Policy and advertisement codes across various services and
Guidelines currently governing the broadcasting sector requires self-classification by broadcasters and robust
in the country. access control measures for restricted content.
z The Bill streamlines regulatory processes, extends its z This bill states that monetary penalties and fines are
purview to cover the Over-the-Top (OTT) content and linked to the financial capacity of the entity, taking
digital news, and introduces contemporary definitions into account their investment and turnover to ensure
and provisions for emerging technologies. fairness and equity.
z The Bill comprises of 6 chapters, 48 sections and 3 z The bill addresses the specific needs of persons with
Schedules. disabilities by providing for enabling provisions for the
issue of comprehensive accessibility guidelines.
What is the Need of the z It also includes provisions for infrastructure sharing
Broadcasting Services (Regulation) Bill, 2023? among broadcasting network operators and carriage
z This Bill was introduced in keeping with the Prime of platform services.
Minister’s vision for ease of doing business and ease z It also streamlines the Right of Way section to address
of living. relocation and alterations more efficiently and
z With the digitization of the broadcasting sector, establishes a structured dispute resolution mechanism.
especially in cable TV, there is a growing need to
streamline the regulatory framework. Conclusion
With this Bill, new era of transparency, self-regulation,
What are the Highlights of the Broadcasting and future-ready broadcasting services in the country can
Services (Regulation) Bill, 2023? be achieved as this legislation modernizes our broadcasting
z It addresses a long-standing need to consolidate and sector’s regulatory framework, replacing outdated acts,
update the regulatory provisions for various broad- rules, and guidelines with a unified, future-focused
casting services under a single legislative framework. approach.
This move streamlines the regulatory process, making
it more efficient and contemporary. Judgment on
z It extends its regulatory purview to encompass broad- Haryana Domicile Reservation
casting OTT content and digital news and current
Introduction
affairs currently regulated through the Information
Recently, Justice G.S. Sandhawalia and Justice Harpreet
Technology Act, 2000 and regulations made there
Kaur Jeewan while hearing the case of IMT Industrial
under.
Association and another v. State of Haryana and another
z To keep pace with the evolving technologies and
held that the Haryana State Employment of Local
services, the bill introduces comprehensive definitions
Candidates Act, 2020 giving domicile reservation uncon-
for contemporary broadcasting terms and incorporates
stitutional.
provisions for emerging broadcasting technologies.
z It seeks to provide for Content Evaluation Committees
and a Broadcast Advisory Council for self-regulation,
different programmes and advertisement code for
different broadcasting network operators, accessibility
measures for persons with disabilities, and statutory
penalties, etc.
z The Broadcast Advisory Council would have one
eminent independent person with at least 25 years
of experience in the media, entertainment, broad-
casting or other relevant fields as its chairperson.
17
The bench observed while invalidating the statute that z The requirement to register any employee on the
“Freedom given under Article 19 of the Constitution of designated portal within three months who was being
India could not be taken away and the impugned paid less than Rs. 30,000/ – per month upto 75%,
provisions are falling foul and are liable to be declared thus, is violative of the fundamental rights protected
unconstitutional as a wall could not be built around by under the Constitution of India.
the State and the spirit and sole of the oneness of the
Constitution of India could not be curtailed by the Conclusion
parochial limited vision of the State”. The decision in the IMT Industrial Association case
strongly supports the basic rules of our constitution. It
What is the Role of Article 35 in the Judgment? firmly says no to narrow-minded actions that go against
z While discussing the stance of Article 35 the court the key ideas of fairness, freedom, and keeping the country
observed that “There is a specific bar to the legislature together. This ruling is an important example, highlighting
of the State not to make any laws in respect of the the court’s responsibility to protect India’s constitutional
matters which are under Article 16 (3). The same framework and defend people’s rights from unnecessary
further provides that there has to be equality of government interference.
opportunity in matters of public employment.
z Clause (i) of Article 35 states that Parliament shall Error in the Same Sex Marriage Judgment
have, and the Legislature of a State shall not have, Introduction
power to make laws (i) with respect to any of the
The Supreme Court did not recognize Same Sex
matters which under clause (3) of Article 16, clause
Marriage in the case of the Supriyo v. Union of India
(3) of Article 32, Article 33 and Article 34 may be
(2023) stating that this resulted into judicial legislation.
provided for by law made by Parliament.
However, the court ignored several precedents where it
What is the Role of Article 14 in the Judgment? made the law, and the Doctrine of Indirect Discrimination
also came into limelight after the verdict of this case as it
z As per the pleadings of the petitioner, infringement
was contended that court applied this doctrine. The SC
of Article 14 of the Constitution of India is also alleged
has ignored the journey of legalization of the Same-Sex
in as much as all citizens of the country would have a
right to equal employment, to reside and to settle in Marriage in the United States of America.
the State of Haryana and the Act, thus, represents a What is the Doctrine of Indirect Discrimination?
serious assault on the unity and integrity of the
z The concept of indirect discrimination, signifying that
country and the idea of a common Indian identity.
the party engaging in discrimination cannot evade
What is the Role of Article 19 in the Judgment? constitutional obligations by emphasizing intent or
z The fact of the case mention that the petitioners lay purpose, has become firmly established in the legal
challenge to the Act on account of the fact that it principles of Indian jurisprudence.
provides reservation in private employment and z The doctrine addresses situations where a seemingly
creates an unprecedented intrusion by the State neutral rule or policy disproportionately affects a
Government into the fundamental rights of the private particular group of people, resulting in discriminatory
employers to carry on their business and trade as effects.
provided under Article 19 (1)(g) of Constitution of z Unlike direct discrimination, which involves explicit
India. differential treatment based on certain characteristics,
z The court held that restrictions imposed upon all types indirect discrimination occurs when a seemingly
of private employers as defined under Article 2(e) are neutral criterion, practice, or policy puts individuals
gross to the extent that a person’s right to carry on with a particular characteristic at a disadvantage.
occupation, trade or business is grossly impaired z The disproportionate impact should put the affected
under Article 19(1)(g) of the Constitution of India. group at a disadvantage compared to other groups.
18
What is the Journey of Ø The SC recognized the equal right of third gender
Same Sex Marriage in USA? and granted them recognition in the eyes of law.
z The journey of legalisation of Same Sex Marriage in Conclusion
USA was ignored by the SC as it performed the role of
The denial of marriage equality by the SC not only
mediating court rather than adjudicating court.
contradicts the spirit of individual freedoms but also
z United States Supreme Court in the case of Baker v. hinders the progress towards a more tolerant and equal
Nelson (1971) denied recognizing the Same Sex society. Ultimately, this decision underscores the ongoing
Marriage by stating that “This historic institution struggle for LGBTQ+ rights and highlights the requirement
manifestly is more deeply founded than the asserted for continued advocacy and legal reform in the way of
contemporary concept of marriage and societal marriage equality.
interests for which petitioners contend. The due
process clause of the Fourteenth Amendment is not Deed of Familial Association
a charter for restructuring it by judicial legislation”.
Introduction
z The SC of US recognized the Same Sex Marriage after
40 years in the case of Obergefell v. Hodges (2015). Madras High Court recently gave a judgment rescuing
the stance of same-sex marriage in the case of Sushma
Ø In this case, the SC held that, “It is of no moment
v. State (2023). The petitioner in the case requested the
whether advocates of same-sex marriage now
court to issue suitable orders to recognize the ‘’Deed of
enjoy or lack momentum in the democratic
Familial Association’’, recognizing the civil union entered
process. The issue before the Court here is the legal
into between LGBTQAI+ partners in order to protect the
question whether the Constitution protects the
fundamental rights of persons forming part of this
right of same-sex couples to marry”.
community.
What are the Different
What is Deed of Familial Association?
Cases Where Court Made the Law?
z To address the need for recognition of familial ties
z Lt. Col. Nitisha and Ors v. Union of India (2021): within the LGBTQAI+ community, including individuals,
Ø The SC in this case held the denial to grant their partners, and those choosing to establish or
permanent commission to women in army, maintain families with them, a proposed solution is the
unconstitutional. introduction of a ‘deed of familial association (DFA)’.
Ø The SC directed army to provide permanent z It will be an agreement which if implemented and
commissions to female officers with over 14 years made available for registration, this agreement could
of service and to offer them the choice to retire contribute to the social integration of LGBTQAI+
with a pension if they decided not to continue their members and their chosen families, while also
service under the revised policy. providing essential safeguards for these family units.
z Vishakha v. State of Rajasthan (1997): z The DFA should affirm the legal status of partners and
Ø The SC acknowledged the lack of law for protection their selected family members of legal age through
of women from sexual harassment at workplace registration.
and gave guidelines and norms to be strictly z Additionally, it should act as a deterrent against several
observed in all workplaces for the preservation and acts such as harassment, violence, discrimination.
enforcement of the right to gender equality of the
working women. What are the Suggestions Given by
Ø The SC in the case said that these directions would the Court on Deed of Familial Association?
be binding and enforceable in law until suitable z The Deed of Familial Association is proposed by the
legislation is enacted to occupy the field. petitioner only to safeguard the rights that have been
z National Legal Services Authority v. Union of India guaranteed under Article 21 of the Constitution of
(2014): India.
19
z It will at least give some respect

and status to same sex relation-
ship.
z HC suggested that the State can
come up with a procedure for
registration of such Deed of
Familial Association and the
scope of such a Deed.
z If that is done, the State will be
able to give its stamp of
approval to persons, who are in
a relationship in the community
and to a great extent, this will
enhance the status of such
persons in the Society.
z This suggestion given by HC shall
be kept in mind while finalising
the Policy for the LGBTQAI+
community.
What is the Impact of

Jurisprudence upon Sushma
v. State (2023) Judgment?
z Jurisprudence covers the
principles of Henry Maine and
Graveson, emphasising the
progression of law from status
to contract and then to statute.
z “Status to contract” is adopted
establishing the concept of Civil Unions and granting
from Chapter V of the work of jurist Henry Maine
such recognition to same-sex couples.
Ancient Law (1861).
z According to the Supreme Court, this falls within the
Ø Maine described the transition to advanced
purview of the legislature.
societies from a fixed social position (status) to a
mutually agreed upon arrangement (contract). z Furthermore, various laws concerning marriage,
divorce, inheritance, succession, minors, adoption,
z Later, it was propounded that contract turns into law.
etc., are all listed in the Concurrent List of the Seventh
z However, with the Supreme Court’s ruling in Supriyo
Schedule to the Constitution, hence the State
v. Union of India (2023) stating that statutes, including
government is authorized to make a law.
the Constitution and marriage laws, cannot be relied
upon, hence the judgement of Madras HC gave Conclusion
importance to contractual aspect of the law. The Madras High Court’s judgment opens the door for
a more inclusive and rights-affirming legal landscape, and
What Should the Tamil Nadu
it is now the responsibility of the State government to
Government Do Now Regarding translate this progressive vision into tangible legal
this Judgment Sushma v. State (2023)? frameworks that provide equal protection and recognition
z The State government has the authority to pass laws to all members of the LGBTQAI+ community.
20
A Need to Relook bound insolvency resolution process has increased

Insolvency and Bankruptcy Process confidence among foreign investors, making India
a more attractive destination for investment.
Introduction Ø Foreign investors are more likely to engage in
In 2016, a significant legal landmark was reached with business transactions if they have confidence in
the enactment of the Insolvency and Bankruptcy Code, the legal and regulatory framework.
2016 (IBC) which introduced an innovative resolution z Reduction in Non-Performing Assets (NPAs):
framework. This framework not only transformed the Ø The IBC addresses the issue of rising NPAs in the
dynamics of insolvency proceedings but also played an banking sector.
important role in readjusting credit relationships. By
Ø By providing a mechanism for the speedy resolution
strengthening the positions of both financial and
of stressed assets, the code has helped financial
operational creditors, the Code motivated business
institutions clean up their balance sheets and
promoters to fulfill their financial responsibilities, though
manage their non-performing loans more effectively.
they are still under the fear of relinquishing control over
their enterprises. What are the Current Number of
2023 has witnessed highs & lows in the number of cases
Cases and Challenges Before IBC Cases?
initiated under IBC, number of cases resolved and number
z Admission and Withdrawal Statistics:
of cases under consideration which reflects the importance
of IBC in this era. Ø As of the end of September 2023, 7,058 cases had
been admitted under the IBC framework.
What Changes were Introduced by the Ø Additionally, 26,000 applications, representing
Insolvency and Bankruptcy Code, 2016? defaults totaling Rs 9.33 lakh crore, were withdrawn
z Time-bound Resolution Process: before their admission under IBC.
Ø One of the major achievements of the IBC is the z Initiation by Operational Creditors:
introduction of a time-bound resolution process. Ø Approximately half of the admitted cases are
Ø The code aims to complete the insolvency resolu- initiated by operational creditors, highlighting the
tion process within a maximum of 330 days, effectiveness of the IBC in providing a mechanism
including time spent in legal battles. for small and medium enterprises to recover dues.
Ø This time-bound approach is crucial for reducing As per Section 5(20) of IBC, “operational
delays and ensuring a more efficient resolution of creditor” refers to a person to whom an
insolvency cases. operational debt is owed and includes any
z Confidence of Lenders: person to whom such debt has been legally
Ø The code has also led to increased confidence assigned or transferred.
among lenders, as they have a clearer and more As per Section 5(21) of IBC, “operational debt”
effective mechanism for recovering dues. refers to a claim in respect of the provision of
z Promoting Entrepreneurship: goods or services including employment or a
Ø The IBC provides an opportunity for the revival of debt in respect of the payment of dues arising
distressed companies through resolution plans. under any law for the time being in force and
Ø This is in contrast to the earlier regime where payable to the Central Government, any State
liquidation was often the only available option. Government or any local authority.
Ø The focus on resolution over liquidation promotes z Case Closure and Withdrawals:
a culture of entrepreneurship by giving companies Ø Out of the admitted cases, 1,053 have been closed
a chance to recover and continue operations. on appeal, review, or settled.
z Attracting Foreign Investment: Ø Another 947 cases have been withdrawn under
Ø The IBC has contributed to improving the ease of Section 12A of IBC, potentially due to settlements
doing business in India. The transparent and time- with applicants or creditors.
21
z Resolution and Liquidation Statistics: ensure the code remains responsive to dynamic
Ø Resolution plans have been approved in 808 cases. economic conditions.
Ø Liquidation has commenced in 2,249 cases. z Implementation Challenges:
Ø In cases with resolution plans, creditors have Ø The effectiveness of the IBC is hampered by
realized only 31.85% of their admitted claims, implementation challenges at various stages of the
totaling Rs 3.15 lakh crore. resolution process.
Ø Liquidation values have been even lower at 6.5% Ø Identifying and addressing these challenges
of the claims. is crucial for improving the overall efficiency
and effectiveness of insolvency resolution in
What are Issues Before India.
Lesser Number Resolutions in 2023? z Stakeholder Confidence and Predictability:
z Prolonged Resolution Timelines: Ø Prolonged resolution timelines impact stakeholder
Ø Despite the initial promise of a time-bound confidence, affecting the overall attractiveness of
resolution process, the average time taken for the IBC framework for investors and creditors.
closure remains high at approximately 653 days. Ø Enhancing predictability in the resolution process
Ø In ongoing cases, a significant majority (over 67%) is vital to rebuilding trust among stakeholders and
have surpassed the expected resolution timeline promoting a healthier insolvency ecosystem.
of 270 days, causing delays and uncertainties for z Need for Further Reforms:
stakeholders. Ø While several steps have been taken to tighten the
z Extended Duration in Liquidation Cases: code, the persisting issues necessitate a compre-
Ø In cases of liquidation, a concerning 55% have hensive reassessment and further reforms.
extended beyond two years, reflecting a failure to Ø A holistic approach, considering feedback from
expedite the winding-up process. stakeholders and addressing systemic bottlenecks,
Ø The protracted liquidation timelines can have is essential for achieving the intended goals of
adverse effects on creditors, reducing the overall IBC.
effectiveness of IBC in addressing insolvency issues z Global Comparisons:
promptly. Ø Benchmarking the IBC against global standards and
z Gap Between Actual and Expected Resolution best practices can provide valuable insights into
Timelines: areas requiring improvement.
Ø There exists a substantial gap between the Ø Analyzing successful international models can
expected and actual resolution timelines, indicating contribute to the development of effective
a need for further streamlining and efficiency strategies for enhancing the efficiency of insolvency
enhancements within the IBC framework. resolution in India.
Ø Stakeholders, including creditors and investors, are
impacted by prolonged proceedings, affecting their Way Forward
confidence in the resolution process. z Realizations from resolution plans have been lower
than expected in 2023, raising questions about the
What are the Potential Solutions? effectiveness of the resolution process. Looking into
z Continuous Evolution of the Code: debates about recession in the upcoming times and
Ø While efforts have been made to enhance the IBC’s increase in NPA resolution process, a better guidance
functionality over the years, the persisting issues for resolution proposal is required.
highlight the evolving nature of insolvency cases z To address other issues, continuous evolution of the
and the need for continuous adaptation. Code is paramount. Ongoing amendments and
Ø There is a necessity for ongoing amendments and refinements are necessary to adapt to emerging
refinements to address emerging challenges and challenges and dynamic economic conditions.
22
z Tackling implementation challenges, improving Ø This persecution may be based on factors such as
stakeholder confidence, and enhancing predictability race, religion, nationality, membership in a
in the resolution process are crucial steps for a particular social group, or political opinion. The
healthier insolvency ecosystem. person seeking asylum is known as an “asylee.”
z Without ratified international agreements, refugees
India’s Delay in often exist in a legal gray area, leaving them vulnerable
Rectifying Refugee Treaty to exploitation and abuse.
Ø Legal gray area refers to a position where the
Introduction legality or illegality of a thing is not yet recognized.
India, a nation with a rich tapestry of cultural diversity, z They may struggle to access essential services such as
has long been a home to refugees fleeing persecution and education, healthcare, and employment, hindering
conflict from neighboring countries. While the country their ability to rebuild their lives in a new country.
has a history of providing refuge to those in need, it has z Moreover, the absence of a standardized refugee
not ratified the United Nations Refugee Convention 1951 status determination process creates uncertainty for
and its 1967 Protocol hence India lacks a law for refugees refugees and hampers the consistency of protection.
in India. This delay in formalizing a refugee treaty has
z The absence of a well-defined legal framework makes
significant implications for both the refugees seeking it challenging for refugees to understand their rights
asylum and India’s international standing in the realm of and obligations, exacerbating their vulnerability.
humanitarian commitments. The shift of nationals of
Myanmar to Mizoram as refugees has raised a law for What are the Legislations
refugees in India. that Govern Refugees in India?
India lacks a comprehensive legislation for refugees
What is the
though the country still indirectly administers them
History of Refugees in India? through a set of legislations mentioned below:
z India has a tradition of welcoming refugees dating back z Citizenship Act, 1955: Governs Indian citizenship and
to the aftermath of the partition in 1947. related matters.
z The influx of people seeking shelter during that z Extradition Act, 1962: Provides the legal framework
tumultuous period set the stage for India’s humanitarian for the extradition of individuals to and from India.
response. z Foreigners Act, 1946: Regulates the entry, stay, and
z Over the years, the country has hosted refugees from departure of foreigners in India.
Tibet, Sri Lanka, Afghanistan, and more recently, z Illegal Migrant (Determination by Tribunals) Act,
Myanmar. 1983: Deals with the detection and deportation of
z However, despite this history of generosity, the illegal migrants.
absence of a formal refugee treaty raises questions z Indian Penal Code Act, 1860 (IPC): The primary
about the legal status and protection of refugees criminal code of India, defining offences and prescribing
within the country. penalties.
z Passport (Entry into India) Act, 1920: Regulates the
What are the Challenges entry of persons into India via passport requirements.
Faced by Refugees in India? z Passport Act, 1967: Deals with the issuance and
z The lack of a specific legal framework for refugees in regulation of Indian passports.
India contributes to various challenges faced by those z Protection of Human Rights Act, 1993: Establishes the
seeking asylum. National Human Rights Commission and deals with
Ø Asylum in international law refers to the protection the protection of human rights in India.
granted by a country to foreign nationals who have z Registration of Foreigners Act, 1939: Provides for the
fled their own country due to fear of persecution. registration of foreigners in India.
23
z Immigrants (Expulsion from Assam) Act, 1950: Indian Laws Safeguarding

Pertains to the expulsion of immigrants from the state Society Against Deepfake Technology
of Assam.
z Administration of Evacuee Property Act, 1950: Introduction
Governs the administration of properties left behind In an era dominated by rapid technological
by individuals who migrated to Pakistan after Partition. advancements, the rise of deepfake technology has
z Constitution of India, 1950 (COI): Several Articles introduced new challenges to the fabric of our society.
including 5, 6, 7, 8, 9, 10, 11, 12, 14, 20, 21, 22, 25-28, Deepfake as an outcome of Artificial Intelligence (AI),
32, 226 applies to non-citizens. enables the manipulation of audio and video content
with startling realism, often blurring the lines between
What are the Landmark Cases truth and fiction. As usage of deepfake grows rapidly,
on the Position of Refugees in India? lawmakers worldwide are grappling with the urgent need
z Louis De Raedt v. Union of India (1991): for comprehensive legislation to curb their potential
Ø The Supreme Court ruled that the government misuse. The lack of a stand-alone law against deepfake
should not forcibly return refugees, as it would came into the limelight after a morphed video of an Indian
violate their fundamental rights. actress circulated nationwide.
Ø The court said that there is no Article in the
What is Deepfake Technology?
constitution that grants the unlimited authority to
the government to expel the foreigners. z Deepfake utilize machine learning algorithms to create
highly convincing synthetic media by swapping faces,
z National Human Rights Commission v. State of
mimicking voices, and even altering body language in
Arunachal Pradesh (1996):
videos.
Ø This case dealt with the rights and conditions of
refugees, particularly the Chakma refugees in z This technology usually is used to deceive individuals
Arunachal Pradesh. and manipulate public perception, posing significant
threats to privacy, security, and the integrity of
Ø The SC emphasized the need to protect the human
information.
rights of refugees and ensure their humane
treatment. What are the Laws in
z Mohammad Salimullah v. Union of India (2017):
India against Deepfake Technology?
Ø This case was related to the Rohingya refugees who
India lacks a specific law for deepfake technology
had fled Myanmar and sought asylum in India.
however several provisions in the existing acts are charged
Ø The SC heard arguments regarding the rights of
by the agencies upon the culprits.
Rohingya refugees and issued interim orders to
z Section 66D of the Information Technology Act, 2000
ensure their protection.
(IT Act):
Way Forward Ø The section punishes cheating by personation
z Addressing the challenges associated with the absence using communication device or computer resource.
of a ratified refugee treaty requires a comprehensive Ø Imprisonment under this section may extend to
and collaborative approach. three years and the culprit shall also be liable to a
z India should engage in a constructive dialogue with fine which may extend to one lakh rupees.
the international community to understand and z Section 66E of the IT Act, 2000:
incorporate best practices in refugee protection. Ø It states that, whoever intentionally or knowingly
z A carefully crafted domestic legal framework, in line captures, publishes or transmits the image of a
with international standards, can provide the private area of any person without his or her
necessary protection for refugees while addressing consent, under circumstances violating the privacy
national security concerns. of that person.
24
Ø Imprisonment under this section may extend to international cooperation to address the global reach
three years or with a fine not exceeding two lakh of deepfake threats.
rupees, or with both. z A comprehensive approach is required to tackle
z Section 51 of the Indian Copyright Act. 1957: deepfake as it is in the news on every next day, and it
Ø It covers the conditions of infringing copyrights may be abused during elections and may emerge as a
without any license granted by the owner. threat to the nation’s security if abused at international
platform.
What are the Laws Covering Miscellaneous z Public awareness is also required until the enactment
Misuse of Deepfake Technology? of a specific statue dealing with the abuse of deepfake
z Section 66C of the IT Act, 2000: technology.
Ø Deepfake can be used for identity theft.
Ø Hence, the section punishes the act of identity Position of Artificial
theft with imprisonment of either description for Intelligence under Copyright Law
a term which may extend to three years and fine
with may extend to rupees one lakh.
Introduction
z Section 294 of India Penal Code, 1860 (IPC): Biden Government passed an administrative order on
Artificial Intelligence (AI) and the issue of human centricity
Ø Obscene materials can be created by using deepfake.
of copyright law. AI-generated content can lead to
Ø Hence, the section punishes obscene acts and
copyright infringement because of the data that was used
songs with imprisonment of either description for
in its training. The original work of millions of people gets
a term that may extend to three months, or with
utilized in its training which is reflected in its outcome.
a fine, or with both.
India currently has a copyright law to safeguard the rights
z Article 21 of the Constitution of India, 1950:
of original owners against copyright infringement
Ø Morphing someone else’s private content leads to
however, the position of AI-generated content is still
severe violation of privacy and will also be a threat
untouched by the law.
to the person’s bodily integrity.
Ø Article 21 covers Right to Privacy and bodily What is Indian Copyright Law?
integrity as its integral part. z Indian Copyright Law, governed primarily by the
What are the Reasons Copyright Act, 1957 (Act of 1957) and subsequent
amendments, serves to protect the intellectual
Behind the Lack of Specific Law
property rights of creators.
Criminalizing Deepfake Technology? z It promotes a conducive environment for innovation
z Deepfake technology is constantly evolving, making it and creativity.
challenging for lawmakers to keep up with the pace
z The law covers a wide array of works, including literary,
of innovation and make a law for the long run.
artistic, musical and cinematographic creations.
z Deepfake can take various forms, including humorous
z In India, copyright protection is granted automatically
parodies, artistic creations, or malicious imperso-
upon the creation of a work, providing the creator
nations. Hence, its definition and scope are yet to be
exclusive rights to reproduce, distribute, and display
completely determined.
their creation.
z Some countries may argue that existing laws, such as
those related to defamation, identity theft, or privacy z The Act of 1957 also recognizes fair dealing provisions,
invasion, are sufficient to address the harms caused allowing for limited use of copyrighted material
by deepfake. without the need for permission, such as for educa-
tional or research purposes.
Way Forward z Section 17 of the Act of 1957 covers the law for first
z The borderless nature of the internet requires owner of copyright which states that the author of a
25
work shall be the first owner of the copyright, the 1957, the Copyright shall not subsist upon the
data generated by AI is still required to be interpreted following:
as per the Act. Ø in any cinematograph film if a substantial part of
the film is an infringement of the copyright in any
What are the Works other work;
on which Copyright shall Subsist? Ø in any sound recording made in respect of a literary,
z As per Sub-section (1) of the Section 13 of the Act of dramatic or musical work, if in making the sound
1957, the Copyright subsists upon the following: recording, copyright in such work has been infringed.
Ø original literary, dramatic, musical and artistic works;
Ø cinematograph films; and What are the Contentions of Copyright
Ø sound recording Infringement Against AI Generated Work?
z Traditional copyright law entrusts authorship to
What are the Conditions under human creators. However, with AI-generated works,
Section 13 of the Copyright Act, 1957? determining authorship becomes more challenging.
Copyright shall subsist upon Sub-section 1 of Section 13 z AI systems can be used for translating content or
of the Act of 1957 if the following conditions are satisfied: adapting it into different formats.
z in the case of a published work, the work is first Ø If this process involves copyrighted material without
published in India, or where the work is first published permission, it may infringe on the original copyright.
outside India, the author is at the date of such
publication, or in a case where the author was dead at What is Current Scenario in India?
that date, was at the time of his death, a citizen of India; z 161 st Report named ‘Review of the Intellectual
z in the case of an unpublished work other than work Property Rights Regime in India’ was prepared by
of architecture, the author is at the date of the making the Department-Related Parliamentary Standing
of the work a citizen of India or domiciled in India; Committee on Commerce in July 2021.
and work of architecture, the author is at the date of z A review of the Act of 1957 and the Patent Act, 1970
the making of the work a citizen of India or domiciled to “incorporate the emerging technologies of AI and
in India; and AI-related inventions in their ambit” was recommended
z in the case of work of architecture, the work is located in the report.
in India.
z Explanation — In the case of a work of joint authorship, Way Forward
the conditions conferring copyright specified in this z The global nature of AI technology raises questions
sub-section shall be satisfied by all the authors of the about harmonizing copyright laws internationally.
work. z As AI-generated works can cross borders effortlessly,
there is a need for legislation not only at Indian front,
What are Works on but it requires international collaboration to establish
which Copyright shall not Subsist? consistent standards and regulations.
z As per Sub-section (3) of the Section 13 of the Act of mmm
26

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case of Peerzada Shah Fahad v. Union Territory of Jammu or

Ø The ability to understand and communicate in the Conclusion

Ø In 1984, 95th report of the 10th Law Commission Way Forward

spoken or written, or by signs, or by visible represen- Conclusion

Ø The absence of key witnesses is another factor Clubbing of Petitions

Ø Striking a balance and finding common ground Who is the Governor?

What is the Eligibility Criteria for What are the Benefits of

What is a Caste Census? What is the Stand of Central

What is the Observation of Court? Conclusion

z It will at least give some respect

What is the Impact of

A Need to Relook bound insolvency resolution process has increased

z Immigrants (Expulsion from Assam) Act, 1950: Indian Laws Safeguarding

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Copyright

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Did you find this document useful?

Is this content inappropriate?

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Judiciary Editorial Consolidation (November) 2023

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Copyright:

Available Formats

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com Editorial Consolidation (November) 2023

Electronic First Information Report  No injury

case of Peerzada Shah Fahad v. Union Territory of Jammu or

Ø The ability to understand and communicate in the Conclusion

Ø In 1984, 95th report of the 10th Law Commission Way Forward

spoken or written, or by signs, or by visible represen- Conclusion

Ø The absence of key witnesses is another factor Clubbing of Petitions

Ø Striking a balance and finding common ground Who is the Governor?

What is the Eligibility Criteria for What are the Benefits of

What is a Caste Census? What is the Stand of Central

What is the Observation of Court? Conclusion

z It will at least give some respect

What is the Impact of

A Need to Relook bound insolvency resolution process has increased

z Immigrants (Expulsion from Assam) Act, 1950: Indian Laws Safeguarding

You might also like

Electronic First Information Report No injury