Indian Journal of Law and Justice, Vol. 14, No. 02

Permanent URI for this collectionhttps://ir.nbu.ac.in/handle/123456789/5057

EDITORIAL NOTE

For more than a decade now, Indian Journal of Law and Justice (IJLJ) has been the goto, peer-reviewed journal for academicians, judges, researchers and advocates. It played a key role in my early career success, and I look forward to building on the journal’s legacy.

Law has been a dynamic concept all the time. It has various dimensions depending upon the period of time as well as its applicability to the nature of society in which it is to operate. The basic concepts of law remain changing with the changing situation of the social norms, the political strategy and the needs of the common man. The rule of law is the slogan of the day may it be on one side or the other. The act which is legal today may be an offence tomorrow and the vice-versa. At the same time an act which is legal in one part of the world may be a crime in other part of the world. Even in a country a "Law" may be valid in a part of its territory may be illegal and punishable in the other part. The law cannot be studied in isolation. In such a decimal context a common man wonders about to learn what is the true law? The answer of the question cannot be given on looking at the statutory law alone. One has to draw the conspectus of the legislative enactments, judicial interpretations and the opinion of the jurists. It is a sheer paradox that everyone is supposed to know the law of the land while the fact remains that nowadays nobody knows the whole law of the land. The Legislators, in general, make law, the judges interpret it and the academicians teach it in addition to studying it, analysing it and researching upon it. But the ambiguity remains even after repeated amendments. This poses a complex issue before a modem man how to know the "law in force". The only solution may be found in deep analysis and research on various aspects of the law. A humble attempt has been made by bringing out the present publication.

The Department of Law, University of North Bengal, although a recent centre of legal education in comparison to others in North India, has played a significant role. The academic excellence of any institution may be judged by the achievements of its students and performance of its teachers in addition to the given infrastructure and the facilities available for such goals. Present shape of the journal has been the product of a long process and initiatives undertaken by our faculty members. The present publication is the testimony to the fact which will go a long way in spreading the inference of multifaceted research in various fields of law that may be the source of knowledge on some of the areas of legal discussion.

We firmly believe, that our journal should ideally be a platform for exchange of ideas and dissemination of information not only from established legal luminaries but also from the young faculties and researchers in the field of law and allied subjects who will be the future leaders in the field of legal education in our country.

As the Chief Editor of the Journal, I am committed to making it a forum that welcomes scholarship from a diverse and global group of authors, whose ideas are at the cutting edge of law and policy research. I will dedicate myself to making the journal an inclusive publishing space that embraces work from a variety of methodological and theoretical perspectives, and I will be working to make the journal and its content more accessible to our readers both in the India and around the world. But I’m not doing this alone. It is my great pleasure to be working with a fabulous Editorial Team who work relentlessly to up the quality of the Journal.

You will soon see some significant changes to the journal. For the sake of brevity, I will not go into great detail, but I can assure you we are working to ensure IJLJ remains a highly respected publication venue for your scholarship. As a quick overview, here are few of the changes you can expect in the coming year:

  • An online-based submission portal to improve and expedite peer review.
  • Online-first publishing that means we can get your research out quicker.
  • Priority submission deadlines with the goal of expediting review to 45 days or less.
  • Accessibility-friendly online article formatting that works better with screen readers.
  • Increased promotion of IJLJ authors and their scholarship through social media.
  • Workshops to help law and policy scholars enhance their research skills.

In Volume 14, Issue 02, we pay homage to the journal’s past and embrace the journal’s future, publishing three articles that I believe align with my vision for the journal. I think you’ll find there’s a little something for everyone in this issue, from insightful legal analysis to incisive policy work.

I hope you enjoy this issue, and I welcome your feedback.

Prof. (Dr.) Rathin Bandhopadhyay
Chief Editor

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    NOTES AND COMMENTS Regulating Artificial Intelligence under Data Protection Law: Challenges and Solutions for India
    (University of North Bengal, 2023-09) Naithani, Paarth
    As India moves toward enacting a comprehensive data protection legislation, it becomes essential to examine the possible application of India’s proposed data protection law to the use of Artificial Intelligence (AI). The various challenges posed by AI to data protection principles and data principals’ rights need to be examined. The need for data maximisation in the use of AI challenges the principle of collection limitation. The difficulty in anticipating the processing purposes of AI challenges the principle of purpose limitation. With a brief introduction to AI and data protection law in India, the paper examines the compatibility of various data protection provisions under India’s Digital Personal Data Protection Act, 2023 with AI. The paper also provides recommendations for data protection regulation of AI. The paper proposes the need to hold data fiduciaries accountable using Data Protection Impact Assessments, Codes of Practice and Security Measures. Besides, there is a need to define the fiduciary duty of care between the data principal and data fiduciary. There is a need recognize data protection by design and default and the Right against automated decision making. Technical solutions need to be explored, but at the same time, AI must not be over-regulated. Lastly, there is a need for flexibly interpreting the provisions of the proposed data protection law.
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    Excavating the Role of Digital Twins in Upgrading Cities and Homes Amidst 21st Century: A Techno-Legal Perspective
    (University of North Bengal, 2023-09) Ghosh, Jayanta; Banerji, Oishika
    Considering factors like technological up-gradation, digital awakening, sustainability, and smart living with machines, the concept of smart cities and smart homes have stepped in with the helping hand offered by digital twins in this era of the 21st century. Aiming to connect physical objects with virtual ones, digital twins using bi-directional connectivity helps maximize the potential of a city, pushing it to grow beyond its capabilities. A rise in the use of virtual simulation technologies reflects the importance of digital twin technology in today’s complex world. With different countries around the world adopting the concept of smart cities and homes to address various issues, the question is who addresses the detriments of walking in with this new adaptability, and who will be liable in situations of mishappening? The Narendra Modi government has initiated the birth of smart cities in India, thereby mending ways for Amravati to become the first city born out of digital twin technology. Walking in with the great potential to transform urban governance and increase urban metabolism, digital twins powered with Artificial Intelligence, the Internet of Things, 5G, blockchain technology have made a significant place in a man’s daily life. A feasible device for urban planning, the subject of digital twins is divergent enough to have an exhaustive coverage. Therefore, there lies room for further development, study, and implementation of this technology. One must not forget that paralyzed laws and regulations welcoming new sets of challenges possessed by the revolutionary digital twins have been in the spotlight of discussion for some time now. Channelizing the same stands utmost in the era of smart living with the help of a well-planned legal framework to address issues arising from the claws of this technology.