In the article, The Paradox of Prevention: Individualistic Aspect of Internet Shutdowns, the author delves into the contentious act of curtailing access to internet services on mere speculations of public emergency. It is argued that the ambiguity, due to the lack of parameters for ‘internet shutdowns’, provides ample opportunity for the arbitrary use of power. The article therefore advocates for the recognition of the ‘right to access the internet’ as a fundamental right and the deprivation of the same in sparring and justifiable circumstances alone.
The article, Conundrum around the Right to Default Bail under Section 167, analyses an accused person’s right to default bail under Section 167 of the Code of Criminal Procedure, 1973. The authors delve into two particularly contentious areas: the interpretation of the phrase “availed of” with regard to the computation of the statutory period of custody and the method of cancellation of the right to default bail. They thus assert that the major constraints to the exercise of default bail stem from ambiguities in the law.
In the piece, Mind the Gap: Advocating for an Indian Legislative Response to Neurotechnology, the authors argue for the recognition of the right to mental privacy in order to tackle the risks posed by neurotechnology. The article draws examples from other jurisdictions, specifically that of Chile, and advocates for India to take proactive steps for the implementation of a comprehensive legislation rather than resorting to judicial remedies.
In the article, Vacillating Between No Law and Bad Law: An Analysis of Digital Personal Data Protection Bill, 2022, the authors elucidate the contentions surrounding the Digital Personal Data Protection Bill, 2022. They highlight the loopholes present in the Bill and exhibit the gravity of the issue by stating that having no law in this regard would be better than having a flawed one.
In the article, Anti-defection Laws in India: (A)political game?, seeks to assess the anti-defection legislation in India. Examining both sides of the spectrum and the evolution of the law itself, the authors articulately explain the conflict that arises between party discipline and the individuality of opinion among the elected. The authors argue that while anti-defection laws must be retained by the legal framework in India, certain pertinent reforms are required to enable its better implementation.
