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Regulating Artificial Intelligence in India: Innovation-First Governance, Sectoral Fragmentation, and the Unresolved Questions of Liability and Copyright
India has adopted an innovation-first, light-touch approach to artificial intelligence governance, relying on existing legal frameworks and sectoral regulations rather than enacting standalone legislation. This framework addresses foundational principles, data protection, and specific use cases, though key issues like copyright and liability remain in transitional legal uncertainty
Amuthalakshmi.N, Naveen.A.N.
1 September 2026Latest Articles
Fresh Insights For Law Students
Criminal Law Reforms in India: To what extent do the new criminal laws represent a genuine reform of India's criminal justice system?
The criminal justice system deals with changing forms of crime and therefore cannot remain completely dependant on concepts developed in the nineteenth century.....
DATA PROTECTION AND DIGITAL PRIVACY: PERSONAL INFORMATION LAWS IN INDIA.
The threats, challenges and drawbacks to Right to privacy in the digital era continues to undermine this Right to a great extent that needs early attention...
FROM IPC TO BNS A CRITICAL ANALYSIS OF MAJOR REFORMS IN INDIA'S CRIMINAL LAW
change from IPC to BNS is more than just a name change—it represents a shift in the philosophy and structure of criminal law in India.....
FUNDAMENTAL RIGHTS IN THE DIGITAL AGE: PRIVACY, FREE SPEECH, AND TECHNOLOGY
This article examines the relationship between fundamental rights and technology in India. It focuses on the constitutional evolution of the right to privacy, freedom of speech on digital platforms, the emerging statutory framework for personal data, and the challenges created by surveillance, artificial intelligence and platform regulation. It argues that technological regulation is necessary, but it must remain subject to legality, legitimate purpose, proportionality, procedural fairness and effective judicial review.
POCSO Act: Achievements, Challenges and Road ahead.
POCSO is strong in its protective objective but imperfect in its implementation and in dealing with certain complex real life situations. The future of POCSO should therefore be about finding a better balance between child protection, access to justice, proportionality, rehabilitation, and the evolving realities of childhood and technology.
ALTERNATIVE DISPUTE RESOLUTION IN INDIA: CAN ADR REALLY DELIVER SPEEDY JUSTICE
The right to speedy justice has also been recognised as part of the right to life and personal liberty under Article 21 of the Constitution. In Hussainara Khatoon v Home Secretary, State of Bihar, the Supreme Court recognised speedy trial as an important aspect of fair and reasonable procedure. ADR can help address this problem because the parties can resolve disputes through procedures that are generally more flexible than ordinary litigation. Another important advantage is party autonomy. In mediation, the parties themselves participate in finding a solution. A mediator does not impose a decision on the parties.
How Does the Use of AI Affect the Right to Privacy under Article 21 of the Constitution?
The rapid expansion of artificial intelligence in India creates a constitutional challenge regarding informational privacy and fundamental rights under Article 21. Without robust legal safeguards, automated profiling, facial recognition, and data collection threaten individual autonomy, equality, and freedom.
Regulating Artificial Intelligence in India: Innovation-First Governance, Sectoral Fragmentation, and the Unresolved Questions of Liability and Copyright
India has adopted an innovation-first, light-touch approach to artificial intelligence governance, relying on existing legal frameworks and sectoral regulations rather than enacting standalone legislation. This framework addresses foundational principles, data protection, and specific use cases, though key issues like copyright and liability remain in transitional legal uncertainty
Amuthalakshmi.N, Naveen.A.N.
THE POWER OF ADR: SHIFTING THE TRAJECTORY OF THE INDIAN JUDICIAL SYSTEM.
India needs a hybrid justice system where courts and ADR mediums work together and not against each other. ADR being the future of speedy justice in India doesn't necessarily mean the replacement of courts but rather, the creation of an integrated system where timely justice is paramount.
The Protection of Women from Domestic Violence Act: Effectiveness and Contemporary Challenges
Domestic violence is one of the most severe ongoing national crises in South Africa. Most men who abuse their wives or their partners in their households were either exposed to abuse, which includes seeing their fathers or uncles beat their mothers or they've experienced the abuse first-hand from their abusive parents. This results in resentment that has built up over the years and they end up having the need to feel superior over their partners, which leads to domestic violence in most cases.
Fundamental Rights in the Digital Age: Privacy, Free Speech, and Technology – Balancing Constitutional Freedoms in India's Digital Democracy
Rapid advancement of artificial intelligence, digital surveillance, and online platforms demands continuous legal reform and responsible policymaking. A balanced approach that promotes innovation while respecting privacy, freedom of expression, and human dignity is essential for preserving democratic values.
Live-in Relationships in India: Does Every Couple Need to Be in a 'Relationship in the Nature of Marriage' in Order to Have Legal Protection in India?
It is necessary to make live-in relationships more familiar in society. Hence, it is essential to make clear and distinct laws regarding this type of relationships to avoid further confusions. It is not a permanent and wise solution to always depend on the phrase 'relationship in the nature of marriage' as it has certain limitations beyond which the law can not provide relief to the victims.
When Algorithms Decide: Who Is Responsible for AI-Driven Harm in India?
While its potential benefits are immense, the legal challenges associated with AI-driven harm cannot be ignored. Existing Indian laws provide partial protection, but they were not designed to address autonomous systems capable of making complex decisions with significant real-world consequences.
Artificial Intelligence and Indian Judiciary: Opportunities Risks And Regulatory Challenges In Addressing Judicial Backlog
Any technology deployed in the judiciary must adhere to the existing rights framework especially the right to life and liberty. At the same time the judiciary must recognize the potential of technologies like AI in addressing contemporary issues. The recent case of Pooja Ramesh Singh v. Jammu and Kashmir Bank Ltd. decided by the Supreme Court in July 2026 actually demonstrates that AI can be a useful tool in supporting judicial work.
Child Labour Laws in India: Loopholes and Enforcement Issues
Continued existence of child labour demonstrates that legislation alone cannot solve the problem. Loopholes involving family enterprises, the informal nature of employment, inadequate inspections, poverty, migration and weak rehabilitation continue to undermine enforcement.
El Niño and India's Coastal Vulnerability: Assessing the Legal Framework for Climate Resilience and Sustainable Development
The problem is that these systems are fragmented. For example, if INCOIS issues a warning about unusual ocean temperatures, it raises several questions. Who must act? Should fisheries authorities warn fishing communities? Should coastal authorities reassess vulnerable infrastructure? Should ports change their preparedness measures? Should sensitive ecosystems receive additional protection?
Live-in Relationships in India: Legal Recognition, Rights, and Challenges
Indian courts have travelled a considerable distance since Badri Prasad, moving from a cautious presumption of marriage to an affirmative recognition that the choice to cohabit outside marriage is protected by the Constitution. Statutory interpretation has extended real, if uneven, protection to women and children in stable live-in relationships. Yet the absence of a coherent central framework leaves substantial gaps
Why must a victim of domestic violence endure severe procedural fatigue under PWDVA to exercise their legal rights?
To truly protect vulnerable women, India must take the heavy burden of enforcing maintenance orders under the PWDVA and BNSS Section 144 off their shoulders. Instead of leaving victims to fight endless legal battles, the government should create a centralized execution framework inspired by proven global models.
RIGHT TO PRIVACY IN INDIA: CONSTITUTIONAL PROTECTION, DIGITAL RIGHTS AND THE LIMITS OF STATE POWER
The right to privacy is an important part of constitutional democracy in India. Its recognition by the Supreme Court has strengthened the protection of dignity, liberty and personal autonomy. Privacy is particularly significant in the digital era, where personal information can be collected, stored and analysed on a very large scale.
How do unamended guardianship laws undermine the reproductive autonomy of child brides?
The article analyzes how the failure to harmonize laws leads to the creation of a legal loophole that abusers can exploit to undermine the reproductive autonomy of child brides. Further, the article examines the significance of guardianship laws when viewed through the lens of Constitutional provisions and International Conventions.
The Good, the Bad and the Ugly: The Evolution of Divorce Law in India and Its Impact on Women in Contemporary Society
The evolution of divorce law in India demonstrates that the concept of family justice has undergone significant transformation. The establishment of a statutory framework for divorce through the Hindu Marriage Act 1955 recognised both the financial and familial consequences of marital breakdown.
Live-in Relationships in India: From Social Stigma to Legal Recognition
This article examines the legal position of live-in relationships in India, an area where legislative silence has left the judiciary to build protection almost entirely through case law. It traces how courts moved from treating long cohabitation as raising a presumption of marriage to recognising a distinct, unmarried status deserving some legal protection, particularly under the Protection of Women from Domestic Violence Act 2005. The article looks at what rights partners in such relationships currently hold — around maintenance, protection from abuse, and the legitimacy and inheritance rights of children born of such unions — and where those rights fall short. It also studies the newer developments, including Uttarakhand's move to mandate registration of live-in relationships, and asks whether India's current norms of judicial tests is capable of keeping up with how common these relationships have become.
PUBLIC INTEREST LITIGATION: EVOLUTION, SCOPE, AND CONCERNS
PIL remains an important instrument of constitutional governance and access to justice. Its continued effectiveness depends on maintaining a careful balance between judicial intervention and judicial restraint. PIL should remain focused on genuine public causes, protection of fundamental rights, and the interests of disadvantaged groups, while respecting the separation of powers and institutional limits of the judiciary.
Data Protection and Digital Privacy: The Future of Personal Information Laws in India - Reinforcing Democracy or Orwellian?
Privacy and transparency are values that work together. Privacy protects people from the government and transparency makes sure that the government is accountable to the people. We need to make sure that our data protection laws do not allow the government to keep secrets and hide what they are doing.
DATA PROTECTION AND DIGITAL PRIVACY: THE FUTURE OF PERSONAL INFORMATION LAWS IN INDIA
The future of privacy law in India will therefore depend not merely upon the existence of legislation but upon effective enforcement, institutional independence, technological safeguards, public awareness and the ability of the legal system to respond to emerging technologies such as artificial intelligence, facial recognition, biometric identification and large-scale data analytics.
LIVE-IN RELATIONSHIPS IN INDIA: TO WHAT EXTENT CAN STATE REGISTRATION LAWS EFFECTIVELY CODIFY LIVE-IN RIGHTS WITHOUT FORCING COHABITATION INTO THE FRAMEWORK OF MARRIAGE?
No laws have mentioned or barred the live-in relationships in detail, as these laws have been legislated long ago, unable to catch up with the new lifestyles and ideologies of people nowadays. The Judiciary looks at the cases relating to cohabitation in a special way, as it varies case by case.
Live in Relationships in India: Legal Recognition, Rights, and Challenges
Indian law does not have a single statute that formally defines or regulates live-in relationships, yet courts have repeatedly held that consenting adults have the right to live together under Article 21 of the Constitution
Intellectual Property Rights in the Digital Era: Looking at Fair Dealing vs. Market Copying
Artificial Intelligence tools like ChatGPT and Midjourney have Completely transformed how society perceives modern technology. These tools cannot learn independently. They must read, copy and analyze millions of books, articles and pictures from the internet. Most of this data belongs to creators who never gave their permission. Under Section 14 of the Indian Copyright Act, 1957 only the original creator has the right to copy their work.
Intellectual Property Rights in the Digital Era: Protecting Innovation and Creativity
Human intellectual creations are legally protected by intellectual property rights (IPR). Literary, artistic, musical, and other creative works are protected by copyright; inventions are protected by patents; brand identification is protected by trademarks; and product appearance is protected by designs. However, conventional notions of ownership and infringement are being put to the test more and more in the digital sphere.
IP DUE DILIGENCE IN M&A: THE INTELLECTUAL PROPERTY PROBLEMS THAT CAN KILL A CORPORATE DEAL
The importance of IP due diligence is directly connected to valuation. If the target's most valuable products, brands or technologies depend on IP that the target does not validly own, the buyer may be paying for an asset it cannot safely exploit. IP due diligence also protects the buyer from inheriting historical problems.
Child Sexual Abuse: Challenges in the Digital Age
The objective of this article is to examine the rise in child sexual abuse, understand the causes and legal developments that have been put together in India to fight sexual abuse of children, and critically analyse the challenges surrounding this area.
The POCSO Act: Achievements, Challenges, and the Road Ahead —Updated with India’s New Criminal Laws
The Act has undoubtedly strengthened the legal framework, encouraged specialised courts and increased recognition of children's rights. At the same time, delayed trials, under-reporting, inadequate investigation, uneven rehabilitation, the mandatory reporting requirement and difficulties involving adolescent relationships continue to raise concerns.
Alternative Dispute Resolution :- The Future Of Speedy Justice In India
The issue of court delays has highlighted the necessity for more effective and accessible methods of resolving disputes. In India, Alternative Dispute Resolution (ADR) has gained importance as a remedy for this problem. ADR establishes a system for settling conflicts outside the frequently lengthy and resource-demanding conventional legal process.
CRIMINAL LAW REFORMS IN INDIA: FROM LEGISLATIVE REPLACEMENT TO CONSTITUTIONAL JUSTICE
The central question, however, is not whether the old laws deserved replacement. It is whether the new framework can convert legislative reform into better justice. A criminal law system is tested not by the appearance of a new statute book but by whether investigations are fair, trials are timely, evidence is reliable, police powers are controlled, victims receive meaningful remedies and accused persons remain protected by constitutional guarantees. The new laws contain several useful innovations, but they also create interpretive and implementation challenges.
Faster Takedown of Content Under IT Rules
The internet is changing fast because of digital intermediaries, instant sharing and fake media such as AI-generated videos. This has completely changed how we communicate online. The internet remains an important space for democratic participation and freedom of expression, but it also facilitates harmful activities such as non-consensual private images, financial scams and deliberately false information. To address these developments, India's regulatory framework for the internet has evolved from a model primarily concerned with intermediary protection towards one that places greater compliance responsibilities on digital platforms.
Criminal Law Reforms in India: Evaluating the New Criminal Laws — A Step Towards Justice or Mere Legislative Renaming?
India’s new criminal laws aim to modernise the justice system through digital evidence, technology-driven procedures, forensic investigation, and new approaches to criminal offences and punishment. However, concerns remain regarding constitutional rights, infrastructure, training, and consistent implementation. The article argues that the reforms will succeed only if effective implementation accompanies legislative change.
The NCERT Textbook Row: Judiciary, Academic Freedom and Judicial Power
The 2026 NCERT textbook controversy arose after a Class 8 Social Science textbook included a section titled "Corruption in the Judiciary." The Supreme Court took suo motu cognisance of the issue and expressed concern about how the judiciary was portrayed in the textbook.