Appointment and Removal of Arbitrator
Arbitration is a technique for resolving disputes legally. The parties in a conflict are referred to as neutral parties to conclude, and when a judgement is reached, it’s called an arbitral award. It is a very effective method of alternative dispute resolution. The Arbitration and Conciliation Act of 1996 governs arbitration in India. The Act delineates the laws that govern the implementation of foreign awards, international arbitration, and domestic arbitration in India. Arbitration is considered a cost-efficient resolution without delay, as in regular court procedures. The arbitrator is the individual designated as the impartial third party. The arbitrator adheres to the procedure selected by both parties. Appointment of the arbitrator is dealt with under Sections 10 and 11 of the Act. Section 10 talks about the number of arbitrators who can be appointed. The law says that the parties can determine the number of arbitrators. The essential rule in this process is that the number of arbitrators shall be manageable. If the parties fail to determine the number of arbitrator/s, the arbitral tribunal shall consist of a sole arbitrator. Section 11 of the Act deals specifically with the appointment of the arbitrators. It is the parties’ discretion to agree on a procedure for appointing the arbitrator/s. If they do not agree to a specific procedure to determine the arbitrators, each party to the dispute shall appoint one arbitrator, which will make two of them. These two appointed arbitrators shall choose another arbitrator, as the arbitrators cannot be in even numbers, according to Section 10. This third arbitrator shall act as the presiding arbitrator. Suppose the parties cannot reach a consensus on the arbitrator within 30 days in an arbitration proceeding with a sole arbitrator. In that case, the court or a designated individual will appoint the arbitrator. The arbitrators must meet the qualifications outlined in the arbitration agreement and additional criteria, including being over 18 and not being disqualified by law. Section 26 of the Act allows an expert to provide expert testimony on the matters before the arbitral tribunal. The tribunal is authorised to appoint multiple experts to resolve the dispute. The grounds for challenge are discussed in Section 12 of the Act, which encompasses any direct or indirect relationship with the parties or an interest in the subject matter of the dispute if there is any apprehension regarding his impartiality or independence. Sections 15, 14, and 12 of the Act address the removal of the arbitrator. It discusses the termination of the mandate and the replacement of the arbitrator. The mandate of an arbitrator will expire upon the arbitrator’s resignation from the office or upon the parties’ agreement. The failure or impossibility to act is the subject of Section 14 of the act. The grounds for challenging the arbitrator are discussed in Section 12(3). In Oyo Hotels and House Pvt. Ltd. v. Rajan Tewari and Anr, the Delhi High Court held that if neither party confirms the arbitrator, an application u/s 11 can be maintained. The Arbitration and Conciliation Act 1996 establishes regulations that guarantee a fair process of law. The removal of arbitrators and the capacity to do so are as critical an aspect of arbitration as the other stages. This allows the parties in dispute to have a more significant say in the resolution and ensures that the proceedings are as fair as possible. Done By: Anoushka Samyuktha, B.A LL.B (Hons), LLM (Criminal Law), Junior Legal ConsultantFor Origin Law Labs
Royalty Of Music Composers- Earning Every Time Their Music Gets Played
Music royalties are compensatory payments received by right holders (songwriters, composers, recording artists) in exchange for the licensed use of their music. These royalties are paid out by institutions that use the music from TV channels, radio stations and venues to stream live performances. When recordings get played and streamed – or performed or covered – a song’s right holders receive payments. There are a few different ways you can monetise these song rights, with the four main types of royalty being mechanical, public performance, print music, and sync royalties. Each royalty stream is dependent on the type of copyright it is associated with, with every song being attached to two different types of copyright: As soon as a composer creates a piece of music, a copyright is immediately created with it. Although there is an official recording, the copyright is attached to the piece created from the start itself. The issue with copyright is that ownership has to be physically proved. Therefore, as much as the copyright matters, what matters the most is the proof of ownership of the copyright, with a date to testify the creation of the music. Today, copyrights are submitted and recorded by Performing Rights Organisations (PRO). Present in most countries, these societies allow a composer or a songwriter to record the creation of a piece of work, to have its usage controlled, and to have its finances regularly collected and distributed. Status in India Musicians, producers, and singers earn money through the contract signed and through sales. They also earn money through live performances and tours. However, composers get paid as a one-time payment and do not cash in on royalty; instead, they go to the company that sells the music, popularly known in the industry as record labels. We often hear a popular song in public places, but many are unaware that the owners of such places need a licence to play it. The Indian Performing Rights Society Ltd (“IPRS”) was founded in 1969 for the sole purpose of issuing licences to music users. They also collect royalties from song compositions on behalf of their members, who include lyricists, music directors, and sound producers. The dispute of copyright in the works of music composers with that of the producers of a film has always been a question of debate. The composers and lyricists are always demanding a share in royalties. This dispute was taken up in the Indian Performing Rights Society vs. Eastern Indian Motion Pictures Ltd, AIR 1977 SC 1443, (1977) 2 SCC 820, [1977] 3 SCR 206 [1] case. Before this judgement was delivered on 14th March 1997, there was a long-standing dispute between music composers and producers of the film over the issue of copyright, and IPRS would claim the royalties over the songs that would be played in public places. The claims of the Appellants in the above case were that composers of literary or musical work have exclusive copyrights on that work, and that right is infringed upon when someone plays without permission from the owner of the copyright. They argued that section 17(b) of the copyright act had no application; hence, the producers of the film could not claim copyright to the work. The Respondents, on the other end, argued that section 17(b) would apply only when producers hire composers to make music which would be part of a film for consideration. Justice Iyer extended the scope by saying the producer does have exclusive rights over the film as a whole, and he does not need to pay a fee or royalty to IPRS, but if the producer plays any part of the music separately to attract an audience, that would cause an infringement. As a result of this judgement, the Parliament had to bring an amendment act of 2012 which specifically understood the difference between the usage of the work in cinematograph film and other uses of such work across different mediums. Accordingly, contracts were mandated to stop an author incorporated in cinematograph film from collecting royalties in case of usage of his work other than cinematograph film, which would be considered void. The judgement of 1997 was relied upon by the Supreme Court in 2016 in the International Confederation of Society of Authors vs. Aditya Pandey & ors, MANU/SC/1028/2016 [2]. The Supreme Court believes that a 3rd party, such as event management/organisers who would play a song in public, are required to pay royalties to only music recording companies and is not required to pay to lyricists and music composers. Dispute between Ilayaraja and SPB Ilaiyaraaja and SP Balasubrahmanyam’s camaraderie is well-known in the Tamil film and music industry. So it came as a huge surprise to many when Ilaiyaraaja’s advocate sent SPB a legal notice asking him not to perform any songs composed by Ilaiyaraaja without his permission. This happened when the legendary singer SPB performed concerts in the US as part of the SPB50 world tour, which began in 2016 in Toronto. SPB, his co-singers Chithra and son Charan, organisers of the concerts and venue management firms, received the notices a day before one of the events. The notice stated that if the troupe continued to perform his compositions, they would break the copyright law and have to pay huge fines. This case stirred the discussion on how royalties work in the music industry and how most artists end up with less than what they deserve. The legal issues raised by this dispute are rather simple. When a music composer creates a new composition, the Copyright Act, 1957 automatically creates a copyright in the music without the requirement for any pre-formalities such as registration with the Copyright Office. As per Section 17 of the Copyright Act, the copyright will vest either in the music composer or if the composer is an employee of a music label or production house, the ownership of the copyright will vest in the employer, depending on the terms of the contract. In this case, since Ilayaraja has
Guidelines To Write A Judgement- Irac Method
Judgement is a court decision, spelt out in a court order, that adjudicates a dispute between two parties by determining the rights and obligations of each party. It is defined as any decision a court gives on a question or issue between the parties to a proceeding correctly before the court. It is not adequate that a decision is accurate, it must also be reasonable, logical and straightforward. A judgement may require monetary compensation or transfer of property from one party to another. Civil judgements are adjudicated between private individuals, whereas criminal judgement is the result of legal action by the government for breaking criminal laws. The definition of Judgement is defined under Sec 2(9) of CPC,1908, “judgement” means the statement given by the Judge on the grounds of a decree or order. In this case, Jaipur Vs. Himalaya Paper (Machinery) Pvt. Ltd, New Delhi, AIR 1990 Rajasthan 120 [1] held that Judgment is a formal expression of opinion by the court. They are classified as in rem, in personam, or quasi in rem. In personam is the most common type of judgement that holds one entity personally liable to another. In rem imposes a general liability over a thing, such as property, but no personal liability. Quasi in rem determines the rights of an individual, rather than all parties, in a particular thing, such as property. What must a judgement contain? Writing judgments and orders is virtually an art which often varies from judge to judge as no format has been provided in law as to how judgments and orders should be written by the judges. However, the long practices evolved by judges over the decades have settled on how to write judgments and court orders. Arriving at conclusions and making decisions in cases out of the material available on records of cases is the most crucial part of the judicial function of the judges. Writing qualitative judgments and orders requires a lot of experience and skill, which a judge acquires over time. Over the years, the Supreme Court of India has given several landmark judgments highlighting the various methodologies to be adopted in writing judgments and orders of various natures with the help of previous Supreme Courts and High Courts. In the case, Shakuntala Shukla Vs State of UP, AIR 2021 SC 4384[2], The Fact that the judgement is accurate is insufficient. It must also be reasonable, logical and easily comprehensible. Judicial opinion is to be written in such a way that it elucidates convincingly and proves that the verdict is righteous and judicious. Therefore, it is desirable that judgements have clarity on facts and law and on submissions, findings, reasonings, and ultimate relief granted. Important elements of a Judgements A judgement is a judicial opinion that tells the story of the case, what the case is about, how the court is resolving the case, and why. According to Order 20, rule 4(2) CPC, the essential components of a judgement are : In the case of State Bank of India and Ors. Vs. Ajay Kumar Sood, MANU/SC/1040/2022 [3], Dr. D.Y. Chandrachud and A.S. Bopanna gave some insights into writing a judgement. The purpose of judicial writing is not to confuse the reader with complex language. The judge must provide an easy-to-understand analysis of the issues of law and fact. Judgments of the High Courts and the Supreme Court also serve as precedents to guide future benches. A judgement should be coherent, systematic, and logically organised. It should enable the reader to trace the facts to a logical conclusion based on legal principles. If the meaning of the written word is lost in language, the adjudicator’s ability to retain the reader’s trust is severely eroded. The IRAC method IRAC stands for the “Issue, Rule, Application, Conclusion” structure of legal analysis. An effective essay follows some form of the IRAC structure where it is organised around an “issue”, a “rule”, an “application”, and a “conclusion” for each and every issue and sub-issue identified as a legal problem. In terms of structuring judgments, it would be beneficial for courts to structure them in a manner such as the ‘Issue, Rule, Application and Conclusion’ (IRAC), which are easily identifiable. The ‘Issue’ refers to the question of law that the court is deciding. A court may be dealing with multiple issues in the same judgement. Identifying these issues clearly helps structure the judgement and provides clarity for the reader on the specific issue of law being decided in a particular segment of a judgement. The ‘Rule’ part refers to the portion of the judgement which distils the submissions of counsel on the applicable law and doctrine for the issue identified. This rule is applied to the facts of the case in which the issue has arisen. The analysis recording a court’s reasoning forms the ‘Application’ section. Finally, it is always useful for a court to summarise and lay out the ‘Conclusion’ based on its determination of the rule’s application to the issue along with the decision vis-à-vis the specific facts. This allows members of the bar, as well as judges relying upon the case in the future, to understand the case’s holding as a precedent concisely. In Surat v. Saheli Leasing & Industries Ltd, 2010 TMI-75903-SC [4], the Joint Commissioner of Income Tax gave detailed guidelines for writing orders and judgements. [1]AIR 1990 Rajasthan 120 [2]AIR 2021 SC 4384 [3]MANU/SC/1040/2022 [4]2010 TMI-75903-SC
The Supreme Court’s Guidelines on preventing mob lynching
Tehseen S. Poonawalla vs Union of India, WRIT PETITION (CIVIL) NO. 754 OF 2016, (2018) SCC OnLine SC 696 [1]. Background: In this case, the petitioner, a social activist, had preferred a writ petition under Article 32 of the Constitution for commanding the respondent State Nos. 3 to 8 to take immediate and necessary action against the cow protection groups indulging in violence and further to issue a writ or direction to remove the violent content from the social media uploaded and hosted by the said groups. GUIDELINES: A. Preventive Measures (i) The State Governments shall designate a senior police officer, not below the rank of Superintendent of Police, as Nodal Officer in each district. Such Nodal Officer shall be assisted by one of the DSP rank officers in the district for taking measures to prevent incidents of mob violence and lynching. They shall constitute a special task force to procure intelligence reports about the people who are likely to commit such crimes or are involved in spreading hate speeches, provocative statements and fake news. (ii) The State Governments shall forthwith identify Districts, Subdivisions, and/or Villages where instances of lynching and mob violence have been reported recently, say, in the last five years. The identification process should be completed within three weeks from the date of this judgement, as such a time period is sufficient in today’s fast-paced world of data collection. (iii) The Secretary, Home Department of the concerned States shall issue directives/advisories to the Nodal Officers of the concerned districts for ensuring that the Officer In-charge of the Police Stations of the identified areas are extra cautious if any instance of mob violence within their jurisdiction comes to their notice. (iv) The Nodal Officer, so designated, shall hold regular meetings (at least once a month) with the local intelligence units in the district along with all Station House Officers of the district to identify the existence of the tendencies of vigilantism, mob violence or lynching in the district and take steps to prohibit instances of dissemination of offensive material through different social media platforms or any other means for inciting such tendencies. The Nodal Officer shall also try to eradicate a hostile environment against any community or caste targeted in such incidents. (v) The Director General of Police/the Secretary, Home Department of the concerned States shall hold regular review meetings (at least once a quarter) with all the nodal officers and State Police Intelligence heads. The nodal officers shall bring to the DGP’s notice any inter-district coordination issues for devising a strategy to tackle lynching and mob violence-related issues at the State level. (vi) It shall be the duty of every police officer to cause a mob to disperse, by exercising his power Under Section 129 of the Code of Criminal Procedure, which, in his opinion, tends to cause violence or wreak havoc on lynching in the disguise of vigilantism or otherwise. (vii) The Home Department of the Government of India must take the initiative and work in coordination with the State Governments to sensitise the law enforcement agencies and involve all stakeholders to identify measures for preventing mob violence and lynching against any caste or community and to implement the constitutional goal of social justice and the Rule of Law.(viii) The Director General of Police shall issue a circular to the Superintendents of Police about police patrolling in the sensitive areas, keeping in view the incidents of the past and the intelligence obtained by the office of the Director General. It singularly means that there should be seriousness in patrolling so that the anti-social elements involved in such crimes are discouraged and remain within the boundaries of the law, thus fearing to even think of taking the law into their own hands. (ix) The Central and State Governments should broadcast on radio, television, and other media platforms, including the official websites of the Home Department and Police of the States, that lynching and mob violence of any kind invite serious consequences under the law. (x) It shall be the duty of the Central Government as well as the State Governments to take steps to curb and stop the dissemination of irresponsible and explosive messages, videos and other material on various social media platforms that tend to incite mob violence and lynching of any kind. (xi) The police shall cause to register FIR Under Section 153A of the Indian Penal Code and/or other relevant provisions of law against persons who disseminate irresponsible and explosive messages and videos having content that is likely to incite mob violence and lynching of any kind (xii) The Central Government shall also issue appropriate directions/advisories to the State Governments that reflect the gravity and seriousness of the situation and the measures to be taken. B. Remedial Measures (i) Despite the preventive measures taken by the State Police, if the local police become aware that an incident of lynching or mob violence has occurred, the jurisdictional police station shall immediately lodge an FIR without undue delay under the relevant provisions of the Indian Penal Code and/or other provisions of law.(ii) It shall be the duty of the Station House Officer, in whose police station such FIR is registered, to intimate the Nodal Officer in the district, who shall, in turn, ensure that the family members of the victim(s) are not further harassed.(iii) The Investigation into such offences shall be personally monitored by the Nodal Officer, who shall be duty-bound to ensure that the investigation is carried out effectively and that the charge sheet in such cases is filed within the statutory period from the date of registration of the FIR or arrest of the Accused, as the case may be.(iv) The State Governments shall prepare a lynching/mob violence victim compensation scheme in the light of the provisions of Section 357A of the Code of Criminal Procedure within one month from the date of this judgment. In the said scheme for computation of compensation, the State Governments shall give due regard to the nature
Article 21 In The Afterlife: Rights To Dignity Of The Deceased
The right to life under Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty, encompasses many aspects of a person’s life. Through an evolution of judgments by the Constitutional Courts, the provision has been interpreted and expanded to include the right to health[1], privacy[2], livelihood[3] and a plethora of other ancillary rights that make life more than a mere animal existence[4]. Article 21 of the Constitution of India guarantees the protection of life and personal liberty of all persons, but does this protection extend beyond a person’s life and into his/her afterlife? What are the rights enjoyed by the dead and deceased under the Constitution? While there is no explicit law that protects the rights and dignity of the dead and deceased in India, specific provisions under legislative enactments either provide for or existing provisions have been interpreted to a wider scope to recognise the rights of the dead. Article 21, which by itself guarantees the protection of the right to life, has been interpreted to extend human dignity into the afterlife. The Supreme Court, in the case of Parmanand Katara v. Union of India[5], for the first time, recognised the dignity of the dead and held that the right to life, fair treatment and dignity extends not only to a living person but also their dead bodies after death. The stance of the Apex Court was amplified by its ruling in Ashray Adhikar Abhiyan v. Union of India[6], where it reiterated its stance by extending the right to dignity of the dead, translating to a right to a decent burial in accordance with their respective faith, customs and practices including for the homeless-deceased unclaimed dead bodies. Following the footsteps of the Supreme Court, several judgments from the High Court have also affirmed and interpreted the same in different cases. In the case of S. Sethu Raja v. Chief Secretary[7], the Madras High Court, while ruling on a plea for the return of the dead body of a migrant worker in Malaysia, directed the Government authorities to bring the body so that the burial can take place by the family’s customs and traditions. In Ramji Singh & Mujeeb Bhai v. State of Uttar Pradesh[8], the Allahabad High Court, while dealing with a petition in respect of the appalling conditions of a mortuary set up by the Government of Uttar Pradesh, contended that the right to life extended to the dead body of the person by means of providing a decent burial and imposing a responsibility on the State Government to ensure preservation and disposal of the body in accordance with dignity and respect which the person deserves as when s/he would have been alive. In the case of R.S. Bharati v. Government of Tamil Nadu[9], the Madras High Court, in dealing with a petition for the laying of the mortal remains of Dr.Kalaignar M.Karunanidhi, former Chief Minister of Tamil Nadu, ruled and reiterated the judgement of the Supreme Court in Parmanand Katara which held that the right to fair treatment and dignity extends to the dignity of the individual. The relevance and significance of the rights of the dead and deceased were all the more necessary during the COVID-19 pandemic in India, where during the second wave, several bodies were piling away, and there was a delay in the disposal owing to the fear and social stigma attached to the virus. Several High Courts, including that of Bombay[10] and Madras[11] High Court, took cognizance of the same and passed important orders that upheld and reiterated the right to a decent burial with dignity to be part and parcel of the right to life under Article 21 of the Constitution of India. [1] State of Punjab v. M.S. Chawla, AIR 1997 SC 1225 [2] K.S. Puttaswamy v. Union of India, 2017 10 SCC 1 [3] Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180 [4] Kharak Singh v. State of Uttar Pradesh, AIR 1963 SC 1295 [5] Parmanand Katara v. Union of India, MANU/SC/2328/1995 [6] Ashray Adhikar Abhiyan v. Union of India, MANU/SC/0018/2002 [7] S. Sethu Raja v. The Chief Secretary, 2007 (5) MLJ 404 [8] Ramji Singh & Mujeeb Bhai v. State of Uttar Pradesh, (2009) 5 Alj 376 [9] R.S. Bharati v. Government of Tamil Nadu, (2018) 4 CTC 673 [10] Pradeep Gandhy v. State of Maharashtra, 2020 SCC OnLine Bom 662 [11] Suo Moto W.P. No. 7492 of 2020
The Curious Case Of Proving Criminal Conspiracy Under IPC
The expression’ conspiracy’ means the joining of at least two individuals who are fully intended to commit a crime. This happens when two of the individuals consent to accomplish something that is unlawful under the law. ‘Unlawful’ is defined under Section 43 of the IPC as anything that is an offence, prohibited by law, or furnishes ground for a civil action. Originally, the term ‘conspiracy’ was used to refer to the acts of agreement of two or more persons to institute a false legal case against someone. Conspiracy under Indian laws Section 10 of the Indian Evidence Act,1872, provides that anything said, done, or written by any one of the conspirators in respect of their common intention is admissible against all the conspirators to prove the existence of the conspiracy or that any such person was a party to the conspiracy. Criminal conspiracy is contained under Chapter VA, Section 120A and 120B of the Indian Penal Code, 1860. Section 120A defines criminal conspiracy as an agreement of two or more persons to do or cause to be done- An illegal act, or; An act that is not illegal by illegal means. The Proviso attached to Section 120A provides that a mere agreement to commit an offence shall amount to criminal conspiracy, and no overt act or illegal omission is required to be proved. Such an overt act is necessary only when the object of the conspiracy is committing an illegal act that does not amount to an offence. Elements of Criminal Conspiracy Agreement: The first and most important component of criminal conspiracy is an agreement between two or more people to commit an illegal act or an act that is not illegal but is done illegally. The agreement must be made between two or more people before committing the crime. Intention: The parties to the agreement must share a common intention to commit the illegal act. The intent must be to commit the crime, not just discuss it. Act: The third element is an act in furtherance of the agreement. This act can be anything that aids in the commission of the crime, such as the purchase of weapons, the gathering of information about the victim, or the planning of the crime’s details. Criminality: According to the fourth element of criminal conspiracy, the act must be illegal. The agreement must be to commit a legally punishable offence. If the act is legal but how it is carried out is illegal, it can still be considered a criminal conspiracy. Parties: The final element of criminal conspiracy is that two or more people must be involved in the agreement. If the act is carried out by a single person, it does not constitute criminal conspiracy. Punishment for Conspiracy Section 120B of the Indian Penal Code specifies the punishment for criminal conspiracy. According to this section, anyone found guilty of criminal conspiracy may be sentenced to imprisonment for a term of up to six months, a fine, or both. If the purpose of the conspiracy is to commit a criminal offence, the punishment for criminal conspiracy is specified in the section dealing with the specific offence. For example, suppose the goal of the criminal conspiracy is to commit murder. In that case, the punishment for criminal conspiracy is the same as for murder, which is life imprisonment or the death penalty. In addition to the above, the court may impose a fine on the accused. The fine can vary depending on the nature and gravity of the crime. Proof of Conspiracy It is important to note that for a person to be convicted under the offence, the prosecution must prove beyond reasonable doubt that there was an agreement between two or more individuals to commit an illegal act and that an overt act was committed to further that agreement. The offence of criminal conspiracy can be proved by either direct or circumstantial evidence. A conspiracy is usually hatched in a secret and private setting, which is why it is almost impossible to produce any affirmative evidence about the date of the formation of the criminal conspiracy, the persons involved in it or, the object of such conspiracy or how such object is to be carried out. All of this is more or less a matter of inference. It was believed that agreement or meeting of minds is one of the primary evidence to prove the conspiracy under this section & it is also one of the hardest ones to prove because, as we all know, the fact that the offender by himself does not agree to a fact that he is involved with someone It is only matter of circumstances that one can prove that there is a meeting of minds or an agreement between those two. Hence, criminal conspiracy is based on circumstantial evidence. In most cases, there is no direct evidence to prove this. Landmark judgements Praveen v. State of Haryana, (2021 SCC OnLine SC 1184) [1] in which four accused were escorted by the police from the central jail, Jaipur, to produce in court via train. On reaching the railway station, four young boys entered the compartment, attacked the police and tried to rescue the accused. Since he tried to escape, an attempt was made to snatch the carbine (rifle). One of the accused fired upon the Head constable, who got injured. The Sessions Court held the accused guilty, and on appeal, the High Court of Punjab and Haryana confirmed their conviction. The appellant, Parveen, filed an appeal in the Supreme Court. The Hon’ble Supreme Court held that it is unsafe to hold a person guilty for offences under Section 120B I.P.C. without evidence to show a meeting of minds between the conspirators for the intended object of committing an illegal act. Ram Narain Popli v. C.B.I. 2003 (1) SCR 119 [2], dealt with the issue of the role of the Central Bureau of Investigation (CBI) in investigating and prosecuting cases of criminal conspiracy. The Supreme Court held that
Media And Globalisation
Media is considered as one of the four pillars of democracy. Furthermore, it plays a vital role in shaping society’s opinion and can change how people perceive different events. It has a crucial influence on the minds of the people at large. Media must raise critical issues, but drawing a line for themselves is also pertinent. Socrates believed that following the law had influenced his life in many ways, so he chose not to disobey the law when he was sentenced to death. This is an explanation for the social contract theory. Later philosophers like Thomas Hobbes, John Locke and Rousseau propagated the theory very elaborately. Social contract theory is when a man surrenders certain rights to a body that will provide him with security and protection. In the contemporary world, media also plays a vital role in this social contract.[1] The media has an immense responsibility to check the government and other official activities in the public’s interest. This proves that the media has to act as a responsible body and as a bridge between the people and the government. The media has expanded tremendously and is a separate influential institution. After the advent of globalisation, there has been a massive shift in perspectives. Globalisation, in its essence, is the concept of oneness and the consideration of the world as one community. This has been achieved through various concepts and developments. The barriers between nations are narrowed down in various forms, such as trade and commerce, cultural influences, political influences, technological advancements, etc. One of the most critical factors influencing globalisation is the world of media. Whether social or mass media, access to information about a happening in another part of the world is one of the ultimate means to bridge the gap between nations. In this globalising world, every aspect of human life is influenced by some form of media.[2] Almost every remote corner has access to media and is aware of the happenings of other parts of the world. This has bridged the gap between people around the globe. It enabled a lot of communication and access to all corners of the world. The power that media holds in the contemporary world is of vital importance. Similarly, the freedom of the press plays an essential role in the society. The news media is a potent tool in a democracy. In its true sense, journalism is to share the event or a specific happening with the public with genuine intention, unbiased and without tampering with its originality using decent vocabulary. The most important fundamental right in every democratic state is the right to free speech. The right to voice out an opinion is an essential virtue on which a democratic government functions because public opinions are essential for a properly functioning government. In India, there is no specific provision for freedom of the press. It comes along with the freedom of speech and expression under Art 19(1)(a). The freedom of the press is given more light through the decisions or interpretations by the Courts in various judgements. One of the main objectives of the press is to provide unadulterated information and educate the public[3]. Therefore, the information, reports, and news articles presented by the press hold the utmost importance in any democracy in the world. Media in all forms has an influence, such as radio, newspapers, news channels, online media, etc. It is a form in which specific information about a happening can be communicated to one person or a group and to larger masses. This information reaches people, who tend to consume the content without further scrutiny.[4] When a piece of content is produced, it is entirely received by the people. This has a long-lasting psychological effect on human minds. The news media has been very influential in the globalised world. The role of news media is to address the country’s people, provide them with information about various incidents, and safeguard democracy. The main objective is to promote fair competition in news networks and promote active journalism. However, as time passed, the objective of news media shifted from its purpose. Capitalist demands and the interest of the elites influence the news media. The professional freedom in the area of work has been narrowed down considerably. The news selection is according to what the business demands. News media intends to publish news that the dominant masses will receive well. The media has also taken the role of monitoring various happenings and mishaps in society. Media has become the brain and has influenced the thought process of people regarding a particular incident, which in turn affects the public perspective of the particular incident. It affects the integrity of the news media. This led the media houses to create headlines that would grab more attention, increase the TRP (Target Rating Point) ratings, and increase revenue. Therefore, high-profile crimes have always attracted the attention of the news’s front pages and headlines. This has created the concept of media trials in the country for specific cases with potential revenue sources. Media trials are when the media conducts a parallel trial along with the judiciary. It creates a general character to the case and influences public opinion. When the media tries to take up the case and make its assumptions to make the matter exciting and sensational, the natural element of the issue is sometimes lost. One of the significant drawbacks of media trials is that there is a chance that this influences the judgements given by the judiciary. Judges are expected to be unbiased and should follow the law of the land, but this is affected because the judges also belong to the same society and will witness the assumptions of the media on the same matter. This has significant changes to be reflected in the judgements. [5] Moreover, there is additional pressure on the judiciary to uphold the public’s confidence. Since the media primarily influence public opinion, judges are often required to produce a judgment according to public opinion. This
Development Of AI In India
The widespread use of technology in the modern digital era has completely changed how we communicate, work, and live. AI is one of the most innovative technologies of all. It has the potential to change several professions and industries drastically. However, as AI develops further, a plethora of possibilities and challenges arise, especially in the field of cybersecurity. The combination of AI and cybersecurity in India has created strong regulatory frameworks that handle new risks and promote innovation and digital resilience. AI, defined by computers that simulate cognitive processes linked to human intellect, has an unmatched capacity for data analysis, pattern recognition, and real-time decision-making. AI-powered systems can improve risk mitigation, incident response, and threat detection in the context of cybersecurity. Machine learning algorithms can quickly detect unusual activity, anticipate possible cyberattacks, and adjust to changing threats, increasing the overall resilience of digital infrastructures. Acknowledging the necessity of tackling these issues, India has made noteworthy efforts to develop cybersecurity laws and regulations incorporating artificial intelligence technology. We do not currently have any legislation exclusively for artificial intelligence regulation. The foundation of Indian law controlling cyberspace is the Information Technology (IT) Act 2000, which was revised in 2008. The legislation’s provisions about electronic signatures, data protection, and cybercrime serve as a fundamental framework for tackling cybersecurity issues caused by artificial intelligence. The AI concept started in India when NITI Aayog announced the National Strategy on AI in 2018.[1] This discussion broadly covered the commercial and private sectors. An increasing number of nations are recognizing the social and economic benefits that may ensue from the advancement and integration of artificial intelligence. For instance, the United Kingdom and China plan to derive 26% and 10% of their respective GDPs from AI-related activities and enterprises by 2030. In the past 18 to 24 months, various nations have witnessed significant progress in establishing AI policy positions and developing an AI ecosystem. For instance, the United States released its AI report in December 2016, and France unveiled its AI strategy in January 2017, which was subsequently followed by a comprehensive policy document in March 2018; Japan published a document in March 2017, China the AI strategy in July 2017, and the United Kingdom unveiled its industrial strategy in November 2017.[2] India has also developed a platform called “Indiaai” as a knowledge portal for all AI-related understanding and to build an ecosystem for AI collaborations and research. The cabinet has approved the India AI mission, which has a budget allocation of Rs 10,372 crore for five years, according to Union Minister Piyush Goyal.[3] This development represents a notable stride in promoting the progress of artificial intelligence in India. The declaration is consistent with the government’s numerous allusions to AI advancements in India and the country’s potential to be a significant player in the AI industry. Utilising the authorized corpus, a substantial computing infrastructure will be developed. According to UNESCO, AI is a profoundly transformative technology, with research indicating that it could add USD 13 trillion to the global economy by 2030, or approximately 1.2% annually, to the global GDP growth.[4] Although researchers often agree on the rising popularity and revolutionary traits of artificial intelligence (AI), conjectural analyses regarding its economic ramifications and contribution to productivity still need to be discovered. This echoes the apprehensions expressed in the well-known Solow’s paradox, which states that the computer age is evident everywhere except in productivity statistics.[5] Although AI adoption has made some strides, it still needs to overcome obstacles, including concerns regarding data privacy, a shortage of proficient workers and ethical deliberations. Nevertheless, these obstacles also provide prospects for advancements and cooperation among stakeholders from the private sector, academia, and government to efficiently tackle them. In conclusion, the emergence of Artificial Intelligence (AI) in India offers a paradigm shift in possibilities that will have far-reaching consequences for numerous societal domains. The capacity of AI to improve efficiency, promote innovation, and enhance decision-making processes has been substantiated by its extensive implementation across various sectors, including finance, education, healthcare, and agriculture. Nevertheless, India must confront several significant obstacles as it adopts AI. These include the necessity for strong regulatory structures, ethical concerns about data privacy and algorithmic bias, and the critical task of preventing potential job loss via reskilling and upskilling endeavours. [1] NationalStrategy-for-AI-Discussion-Paper.pdf (indiaai.gov.in) [2] Supra note 1 [3] Cabinet approves India AI mission at an outlay of Rs 10,372 crore [4] Multistakeholder AI development | UNESCO [5] The impact of artificial intelligence on labor productivity | Eurasian Business Review (springer.com) Done By: Anoushka Samyuktha, B.A LL.B (Hons), LLM (Criminal Law), Junior Legal ConsultantFor Origin Law Labs