Category: Volume 5 and Issue 14 of 2025

DIGITAL DIVIDE, TECHNOLOGY AND MARKET INEQUALITY

AUTHOR – ASHALESHA ANAND POKHARNIKAR, LL.M. (BUSINESS LAW), NAVALMAL FIRODIA LAW COLLEGE, SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE, MAHARASHTRA, INDIA

BEST CITATION – ASHALESHA ANAND POKHARNIKAR, DIGITAL DIVIDE, TECHNOLOGY AND MARKET INEQUALITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 1144-1150, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Digital technology has become a central driver of economic activity, reshaping markets, employment patterns, and modes of participation in the global economy. Although technological progress is often associated with efficiency, innovation, and economic growth, its benefits are not distributed equally across society. The unequal access to digital infrastructure, digital skills, and technological resources has resulted in a persistent digital divide. This divide plays a significant role in shaping market inequality by determining who can effectively participate in digital markets and who remains excluded.

This paper examines the impact of the digital divide on market inequality by analysing how technological disparities influence economic opportunities and market participation. Individuals and businesses with access to advanced technology are better positioned to benefit from digital platforms, online marketplaces, and data-driven decision-making. In contrast, those lacking access or digital literacy face barriers to entry, reduced competitiveness, and limited access to information and markets. As a result, technology can reinforce existing economic inequalities rather than reduce them.

The study further explores how digital technologies contribute to the concentration of market power. Large firms with strong technological capabilities are able to dominate digital markets through automation, platform control, and data accumulation, while small enterprises and informal sector participants struggle to compete. These dynamics are particularly evident in developing economies, where infrastructural gaps, affordability issues, and regulatory challenges deepen market inequality.

By adopting a socio-economic and policy-oriented approach, this paper argues that technology is not inherently inclusive. Its impact on market equality depends on the surrounding legal, regulatory, and institutional frameworks. The paper concludes that addressing the digital divide is essential for ensuring fair competition and inclusive economic growth. Targeted investment in digital infrastructure, education, and regulatory safeguards is necessary to ensure that technological advancement contributes to reducing market inequality rather than exacerbating it.

Keywords-Digital Divide; Technology; Market Inequality; Digital Economy; Access to Technology; Competition; Economic Inclusion; Socio-Economic Disparities

PATENT LINKAGE: NEXUS BETWEEN INNOVATION, ACCESS, AND REGULATORY AUTHORITY  

AUTHOR – S.RENUKA, ASSISTANT PROFESSOR AT GOVERNMENT LAW COLLEGE, TRICHY

BEST CITATION – S.RENUKA, PATENT LINKAGE: NEXUS BETWEEN INNOVATION, ACCESS, AND REGULATORY AUTHORITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 1135-1143, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/QCPR1945

ABSTRACT

This paper examines patent linkage mechanisms—regulatory frameworks that condition pharmaceutical marketing approval for generic and biosimilar drugs on patent status assessments—as a critical intersection between intellectual property protection and public health access. Through comparative jurisdictional analysis of the United States (Hatch-Waxman Act), Canada (PM(NOC) Regulations), China (recent 2021 implementation), and Japan (administrative discretion model), alongside India’s principled rejection of linkage, the article evaluates the empirical consequences of patent linkage systems on generic drug market entry timelines, pricing accessibility, and compulsory licensing effectiveness. The analysis demonstrates that while patent linkage theoretically balances innovation incentives with generic competition, empirical evidence reveals systematic delays in generic market entry (2–8 years post-patent expiration in Canada), facilitation of patent evergreening strategies, and measurable healthcare cost increases exceeding $1.5 billion in select drug categories. The paper situates patent linkage within broader TRIPS-plus normative frameworks arising from bilateral trade negotiations, identifies institutional competence conflicts between patent offices and drug regulators, and proposes policy alternatives—including functional separation of patent validity determination and pharmaceutical safety-efficacy assessment—to preserve access-to-medicines objectives while maintaining intellectual property protections. The study concludes that jurisdictions prioritizing pharmaceutical accessibility should maintain institutional boundaries between intellectual property and regulatory authorities while preserving compulsory licensing flexibilities under international law.

KEYWORDS Patent linkage-Generic drug approval-Pharmaceutical regulation- Intellectual property and access to medicines- TRIPS-plus agreements- Patent evergreening-Hatch-Waxman Act- Data exclusivity-Compulsory licensing- Regulatory authority separation- Pharmaceutical policy-Drug control authority.

AI ACCOUNTABILITY IN INDIA: NEED FOR DEDICATED LEGAL FRAMEWORK

AUTHOR – AKMAL PERWAIZ GHAZI,LL.M. STUDENT AT SCHOOL OF LAW, RAMAIAH UNIVERSITY OF APPLIED SCIENCE, BANGALORE, SPECIALIZING IN AI, CYBER CRIME & LAW

BEST CITATION – AKMAL PERWAIZ GHAZI, AI ACCOUNTABILITY IN INDIA: NEED FOR DEDICATED LEGAL FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 1128-1134, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The purpose of this research report, therefore, is to undertake an analysis of the complex framework of accountability and responsibility within Artificial Intelligence in India’s rapidly changing digital landscape. Currently, in the midst of the fourth industrial revolution, AI adoption is on the rise in critical fields like healthcare, agriculture, and law enforcement, but simultaneously, there exists a high threat to human rights and constitutional equality rights owing to various technological complications in the form of biased data and ‘black-box’. The clarity brought forth by this study is that while initiatives such as ‘Digital India’ are encouraging innovation, prevailing legal measures such as the IT Act and the DPDP Act are insufficient to address comprehensively the challenges posed by the autonomous nature of AI. Upon analyzing various international perspectives and drawing deeply upon India’s socio-economic context, the report strongly recommends the adoption of a specific national policy and related principles like ‘human-in-the-loop’ to achieve a wise balance between technological development and protection of citizens.

CULTURAL LOSS IN THE SHADOW OF COPYRIGHT: PIRACY AND THE PRESERVATION OF LOST MEDIA IN INDIA

AUTHOR – OM KISHORE KUMAR N, STUDENT, LL.M. (ARTIFICIAL INTELLIGENCE, CYBER CRIME & LAW) SCHOOL OF LAW, MS RAMAIAH UNIVERSITY OF APPLIED SCIENCES

BEST CITATION – OM KISHORE KUMAR N, CULTURAL LOSS IN THE SHADOW OF COPYRIGHT: PIRACY AND THE PRESERVATION OF LOST MEDIA IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 1116-1127, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/VQUU3183

Abstract

This Paper attempts to examine the relationship between Copyright Law and its role in shaping the cultural memory of India by focusing on how Piracy has today become an informal yet significant mechanism for preserving lost and inaccessible cultural works. As multiple forms of media like, films, TV programs, music and other digital media vanish or degrade due to neglect, format obsolescence, institutional failures, or restrictive rights regimes, Copyright frameworks often concentrate on ownership and commercial control over maintaining cultural access in the long term. In response to this, pirates ranging from informal collectors to online archives have assumed the role of de facto custodians of endangered media.  Through the analysis of Indian Copyright Law, media history, and case studies of lost or unavailable works, this paper makes an argument for piracy in the Indian context cannot be viewed as solely as a crime. Instead, it functions within a complex ecosystem of weak archival infrastructure uneven digitization, and economic and linguistic diversity. This study will attempt to highlight the tension between legal frameworks designed to protect creators of copyrighted works and copyright holders and the need to preserve and circulate cultural heritage. Ultimately the paper seeks to bring in a reimagining of the copyright policy and archival practices in India and advocates for preservation-oriented exceptions and public-interest approaches that synchronises cultural continuity with legal protection.

THE TECTONIC SHIFT: ARTIFICIAL INTELLIGENCE AND THE EVOLUTION OF CYBERCRIME IN INDIA’S CRIMINAL JUSTICE SYSTEM

AUTHOR – RANJANA* & DR. RANA PARVEEN**­­

* RESEARCH SCHOLAR AT SCHOOL OF LAW & JURISPRUDENCE, SHRI VENKATESHWARA UNIVERSITY, GAJRAULA (U.P.)

** RESEARCH SUPERVISOR AT SCHOOL OF LAW & JURISPRUDENCE, SHRI VENKATESHWARA UNIVERSITY, GAJRAULA (U.P.)

BEST CITATION – RANJANA & DR. RANA PARVEEN, THE TECTONIC SHIFT: ARTIFICIAL INTELLIGENCE AND THE EVOLUTION OF CYBERCRIME IN INDIA’S CRIMINAL JUSTICE SYSTEM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 1107-1114, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IKFH6948

Abstract

The rapid convergence of Artificial Intelligence (AI) and the digital economy in India has created a complex web of opportunities and existential threats. As the nation transitions toward a $5 trillion economy, the surge in AI-driven cybercrime—ranging from hyper-realistic deepfakes and automated phishing to sophisticated financial fraud—poses a formidable challenge to the traditional criminal justice framework. This research report provides a multi-dimensional analysis of the escalating cyber threat landscape, the systemic transition from the Information Technology Act of 2000 to the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Sakshya Adhiniyam (BSA), and the resulting procedural hurdles for law enforcement and the judiciary. Utilising recent data from the National Crime Records Bureau (NCRB) and the Indian Cyber Crime Coordination Centre (I4C), the report highlights a $206% spike in financial losses due to cyber fraud in 2024 alone. It scrutinises the ‘black box’ problem of AI evidence, the ethical implications of predictive policing, and the critical infrastructure gaps in regional cyber cells. By examining landmark judicial precedents and comparing India’s ‘hybrid’ regulatory approach with the European Union’s risk-based model, the study concludes with strategic recommendations aimed at bridging the technical-legal divide through ‘accountability by design’ specialised institutional training, and a robust framework for digital forensic transparency.

Keywords: Artificial Intelligence, Cybercrime, Bharatiya Nyaya Sanhita (BNS), Bharatiya Sakshya Adhiniyam (BSA), Digital Evidence, Deepfakes, Financial Fraud, Information Technology Act, Cyber Forensics, India.

SHAPING THE PROGRESSIVE STATE: MINNESOTA FARMER–LABOR PARTY LAWMAKING IN THE 1930S

AUTHOR – TADGH QUILL-MANLEY, STUDENT AT KING’S INNS

BEST CITATION – TADGH QUILL-MANLEY, SHAPING THE PROGRESSIVE STATE: MINNESOTA FARMER–LABOR PARTY LAWMAKING IN THE 1930S, INDIANJOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 1090-1106, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/NIRB4631

ABSTRACT

This article examines the legal and constitutional significance of Farmer-Labor Party governance in Minnesota during the 1930s, focusing on how state law was employed as an instrument of economic and social reform during the Great Depression. It argues that, despite the party’s radical rhetoric and socialist aspirations, its most enduring achievements lay in pragmatic legal innovation within existing constitutional frameworks rather than revolutionary transformation. Through analysis of progressive tax reform, mortgage relief legislation, labour law, and the promotion of co-operative enterprise, the article situates Minnesota’s experience within wider debates concerning state police powers, contractual freedom, and emergency governance. Particular attention is given to the Supreme Court’s decision in Home Building & Loan Association v Blaisdell, which validated Minnesota’s mortgage moratorium and reshaped Contract Clause jurisprudence. The article concludes that Farmer-Labor lawmaking anticipated key elements of New Deal constitutionalism and demonstrates the capacity of state governments to act as laboratories of legal and constitutional change in times of crisis.

Keywords: USA, Minnesota, Employment Law, Agriculture, History

FROM WATCHDOG TO PARALLEL COURT: MEDIA SENSATIONALISM IN PUNE PORSCHE CASE

AUTHOR – SAKSHI PRITAM DAS, LLM STUDENT AT GUJARAT NATIONAL LAW UNIVERSITY

BEST CITATION – SAKSHI PRITAM DAS, FROM WATCHDOG TO PARALLEL COURT: MEDIA SENSATIONALISM IN PUNE PORSCHE CASE, INDIANJOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 1079-1089, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IKLD1294

Abstract

In the contemporary digital era, the media has emerged as an exceptionally powerful social institution whose influence extends far beyond information dissemination, particularly due to the rapid amplification of narratives through social media platforms and 24*7 digital news cycles. This paper undertakes a content analysis of media coverage surrounding the 2024 Pune Porsche hit-and-run case to examine how contemporary Indian media practices intersect with constitutional guarantees of free speech and fair trial. The paper situates a constitutional tension between Article 19(1)(a), guaranteeing freedom of speech and expression, and Article 21, which protects the right to life, personal liberty, and presumption of innocence. The paper acknowledges the media’s watchdog function in exposing alleged evidence tampering and institutional collusion, underscoring its dual role as both an accountability mechanism and a source of constitutional risk. In India, the media’s regulatory framework is fragmented, and only through advocating for regulatory harmonisation, strengthening enforcement of juvenile protection norms, and constitutional moderation can public scrutiny be ensured rather than undermined in the administration of justice through the media.

Keywords:- Sensationalism, Media trial, Freedom of Speech and Expression

RE-IMAGINING DATA PRIVACY IN THE AGE OF GENERATIVE AI: CHALLENGES, RISKS, AND REGULATORY GAPS

AUTHOR – DR. PURANJAN PRASAD PAUL* & MISS MADHURIKA DEY**

* ASSISTANT PROFESSOR AT THE ICFAI UNIVERSITY TRIPURA

** RESEARCH SCHOLAR AT THE ICFAI UNIVERSITY TRIPURA

BEST CITATION – DR. PURANJAN PRASAD PAUL & MISS MADHURIKA DEY, RE-IMAGINING DATA PRIVACY IN THE AGE OF GENERATIVE AI: CHALLENGES, RISKS, AND REGULATORY GAPS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 1073-1078, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Generative AI, especially large language models and multimodal generative systems, has transformed content creation, research, and enterprise workflows. Nonetheless, these systems present new and heightened risks to personal data and privacy. This paper synthesises technical privacy harms, including memorising and data leakage, inference, and model inversion, as well as dataset provenance issues. This section evaluates the effectiveness of current legal frameworks, such as the GDPR, U.S. sectoral enforcement, and the EU AI Act/EDPB guidance, in addressing these harms or their shortcomings in doing so. Regulatory gaps persist. The paper, drawing on recent technical and policy literature, argues that conventional data protection regulations and new AI frameworks fail to sufficiently tackle the accountability loop for generative systems. A hybrid strategy is proposed to address this issue. This strategy integrates technical mitigations, including differential privacy, provenance and data lineage, robust access controls, audit logging, and watermarking of synthetic outputs, alongside regulatory reforms. The reforms encompass clarified responsibilities for modellers and data controllers/processors, mandatory dataset provenance, requirements for model transparency, cooperation in cross-border enforcement, and established liability rules. The objective is to develop a regulatory-technical framework that safeguards individuals while maintaining advantageous innovation.

Keywords: Generative AI, Privacy Risks, U.S.Enforcement

THE WEAPONISATION OF ARTIFICIAL INTELLIGENCE IN DAILY LIFE FINTECH CRIMES: AN EXHAUSTIVE ANALYSIS OF THE INDIAN LANDSCAPE (2024-2025)

AUTHOR – PROF. (DR.) SHEPHALI YADAV* & PRADEEP KUMAR SINGH**

* HEAD & DEAN, FACULTY OF LAW, DR. SHAKUNTALA MISRA NATIONAL REHABILITATION UNIVERSITY, LUCKNOW

** RESEARCH SCHOLAR, FACULTY OF LAW, DR. SHAKUNTALA MISRA NATIONAL REHABILITATION UNIVERSITY, LUCKNOW

BEST CITATION – PROF. (DR.) SHEPHALI YADAV & PRADEEP KUMAR SINGH, THE WEAPONISATION OF ARTIFICIAL INTELLIGENCE IN DAILY LIFE FINTECH CRIMES: AN EXHAUSTIVE ANALYSIS OF THE INDIAN LANDSCAPE (2024-2025), INDIANJOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 1060-1072, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/ODAX2078

Abstract

The rapid adoption of Artificial Intelligence (AI) in the financial technology (FinTech) sector has led to two primary outcomes in India. While AI has improved financial inclusion, speed, and efficiency, it has also enabled criminals to carry out more advanced and automated financial crimes. This paper examines the role of AI in the rise of everyday FinTech-related crimes in India during the period 2024–2025. The proliferation of Fraud-as-a-Service (FaaS) platforms, the growing use of deepfake technology in ‘Digital Arrest’ schemes, and the sociological problem of cyber-slavery in Southeast Asia, which facilitates extensive online fraud operations, are among the major trends that are the focus of this study. It also analyses India’s current legal and regulatory framework, including the Digital Personal Data Protection (DPDP) Act, 2023, the Bharatiya Nyaya Sanhita (BNS), 2023, and RBI guidelines and compares them with global standards such as the European Union AI Act. The paper identifies significant gaps in Indian laws regarding AI-driven financial crimes. To increase resilience against risks facilitated by AI, the report suggests technological, legal, and societal measures in its conclusion. According to the report, human trust and perception are now the primary targets of contemporary cybercrime, indicating that knowledge and regulation are equally crucial as technological defences.

Keywords: Artificial Intelligence, FinTech Crime, Deepfakes, Digital Arrest, Fraud-as-a-Service, Money Laundering, Cyber Slavery, RBI Guidelines, DPDP Act.

REGULATION OF SOCIAL MEDIA PLATFORMS: A COMPARATIVE ANALYSIS OF INDIA, US AND CHINA

AUTHOR – DR. PALVI MATHAVAN PURI, ASSISTANT PROFESSOR, THE LAW SCHOOL, UNIVERSITY OF JAMMU

BEST CITATION – DR. PALVI MATHAVAN PURI, REGULATION OF SOCIAL MEDIA PLATFORMS: A COMPARATIVE ANALYSIS OF INDIA, US AND CHINA, INDIANJOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 1050-1059, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/SBRZ8317

ABSTRACT

Social media platforms have revolutionized communication, but they also bring significant challenges in governance, privacy, and law enforcement. The proliferation of social media has raised pressing concerns about misinformation, hate speech and user privacy. As governments and regulatory bodies grapple with these challenges, laws related to social media have evolved differently across countries. Through the comparative study of social media laws of India with the United States and China, the article will shed light on the complexities and potential solutions to this multifaceted issue.

The Indian government has introduced various regulations to address these issues, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which imposes stringent obligations on social media intermediaries, including content takedown and tracing of originators. The primary focus of this research is to unravel the legal complexities surrounding social media in the Indian context. The present research has been fragmented into two fundamental aspects. Firstly, study of the present legal framework in the Indian perspective has been conducted and based on that an analysis of comparative dimensions has been done. India, US and China have introduced regulations to address these issues, but their approaches differ significantly. By consolidating the fragmented regulatory landscape into a unified framework, the study aims to provide valuable insights and recommendations for efficient regulation of social media. This article will also address how international cooperation can foster better global standards, ensuring that social media regulation remains both effective and respectful of fundamental rights. As social media continues to be a powerful tool for communication, information dissemination, and public discourse, finding a delicate balance between freedom of expression and preventing the misuse of these platforms is paramount.

Keywords: Social media regulation, Free speech, Online harms, Misinformation, Hate speech, User privacy