Beyond Individual Complaints: The Advantages of Positive Duties on the State in Equality and Anti-Discrimination Law
Introduction Traditionally, anti-discrimination law has relied on a complaints-led model to redress discrimination. This model requires the victim to identify an act of discrimination and take it to an adjudicatory body to attract a compensatory remedy. On the other hand, a competing emergent model for remedies is that of positive duties on the state to redress discrimination. Positive duties are proactive rather than reactive, aiming to identify and redress unlawful discrim
Jwalika Balaji
39 minutes ago
From Shield to Sword: How Safe Harbour Became the State’s Tool of Platform Control
Introduction Recent regulatory interventions, including the amendment concerning Synthetically Generated Information , the Ministry of Electronics and Information Technology’s advisory on unlawful and obscene content , and the evolving understanding of ‘reasonable efforts’ under the intermediary liability framework, reflect a broader shift toward heightened compliance expectations within India’s platform governance regime. While each of these measures has been analysed indi
Yukta Chordia & Kanika Chhajerh
4 days ago
Who Speaks for the Court? Attributing Accountability in Per Curiam
Introduction The history of judgment-writing and the authorship of judgments is enamoured with differing and often intersecting behavioural patterns witnessed across the globe. Broadly, the authorship format of a judgment has historically conformed to two formats – Seriatim and Per Curiam , though the terms as such came to be associated formally much later. India traditionally mirrors the seriatim format adopted from the United Kingdom, crafting judgments that curate and a
Jappan Kaur Cheema & Nandini Garg
Feb 24
From Living Rooms to Courtrooms: Smart Speakers Under India’s Data Protection and Evidence Law
Introduction Smart speakers have swiftly evolved from being novelty consumer gadgets to becoming a staple in many homes. In fact, as of 2025, there are over 8.4 billion voice assistant devices in use worldwide , which exceeds even the global population. India follows this pattern very closely. Nearly 20.9% of Indian consumers own smart speakers, and the Indian market is expected to reach $14 billion over the next ten years . These numbers suggest that voice assistants have e
Ujjwal Gupta
Feb 21
Nexus vs. Net Worth: An Analysis of the CCI’s Penalty Guidelines
Introduction In the midst of the ongoing Apple App Store abuse of dominance proceedings, Apple has filed a petition before the Delhi High Court, challenging the constitutionality of the Competition Commission of India (Determination of Monetary Penalty) Guidelines, 2024 (‘Guidelines’). Apple contends that, according to the Guidelines, the allegations against the multinational corporation in the app store market could result in penalties of around USD 38 billion to be imp
Deva Priya N
Feb 13
When Algorithms Steal: How AI is Rewriting the Rules of Financial Fraud in India
Introduction In February 2024, a finance worker at a multinational firm’s Hong Kong office transferred USD 25 million to fraudsters after attending what happened to be a routine video conference call with the company’s Chief Financial Officer and several colleagues. The catch? Every person on that call, except the victim, was an AI-generated deepfake. It is reportedly one of the largest deepfake fraud cases recorded to date and it signals a fundamental shift in the landscape
Sarandeep Singh
Feb 6
