White Black Legal – International Law Journal

[1] Dr. N.V. Paranjape, Studies in Jurisprudence & Legal Theory Pg. 257 (Central Law Agency, 9th Edition 2019).

[2] ‘Aristotle expands on justice by stating it consists of treating equals equally and unequals unequally, in proportion to their inequality. This is also known as distributive justice (Aristotle 1985).’ https://fernwoodpublishing.ca/files/pursuingjustice.pdf Last Visited on 10th July, 2024.

[3] Ashok K. Upadhyay, John Rawls Concept of Justice 16 (Rawat Publications, Jaipur and New Delhi 1999).

[4] ‘Social Justice’ https://www.clearias.com/social-justice/ Last Visited on 16th July, 2024.

[5] Sastri Yagnapurushadji And Others vs Muldas Brudardas Vaishya and Another 1966 SCR (3) 242.

[6] Allan, T. R. S., 'The Rule of Law', Law, Liberty, and Justice: The Legal Foundations of British Constitutionalism, Clarendon Paperbacks (Oxford, 1994; online edn, Oxford Academic, 22 Mar. 2012), https://doi.org/10.1093/acprof:oso/9780198259916.003.0002, Last Visited on 16th July 2024.

[7] ‘14. The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.’

[8] ‘21. No person shall be deprived of his life or personal liberty except according to procedure established by law.’

[9] ‘39A. The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.’

[10] ‘311. (1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.

(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges. [Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed: Provided further that this clause shall not apply—] (a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State; (b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or (c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to hold such inquiry.

(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.’

[11]‘Shivaraj’ ‘Principles of Natural Justice in Indian Constitution’ https://www.legalservicesindia.com/article/1519/Principles-of-Natural-Justice-In-Indian-Constitution.html Last Visited on 16th July, 2024.

[12] ‘Criminal justice system in India’ https://blog.ipleaders.in/criminal-justice-system-in-india/ Last Visited on 10th July 2024.

[13] ‘21. Protection of life and personal liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.’

[14] Ashok K. Upadhyay, John Rawls Concept of Justice 53 (Rawat Publications, Jaipur and New Delhi 1999).

[15] Subrata Mukherjee Sushila Ramaswamy, A History of Political Thought Plato to Marx’ 317 (PHI Learning Private Limited Delhi 2nd Edition 2018)

[16] United Nations New York, (2006) ‘The International Forum for Social Development Social Justice in an Open World The Role of the United Nations’ https://www.un.org/esa/socdev/documents/ifsd/SocialJustice.pdf Last Visited on 11th July, 2024.

[17] ‘Article 1: The Purposes of the United Nations are:

1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;

 2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;

3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and

4. To be a centre for harmonizing the actions of nations in the attainment of these common ends.’

[18] ‘Article 2 The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.

1.The Organization is based on the principle of the sovereign equality of all its members.

2.All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfil in good faith the obligations assumed by them in accordance with the present Charter.

3.All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.

4.All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

5.All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.

6.The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.

7.Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.’

[19] ‘Advancing social justice’ https://www.un.org/en/observances/social-justice-day Last Visited 11th July, 2024.

[20] Plato, Plato's The Republic (New York: Books, Inc., 1943)

[21] Sadurski, W. (1985). ‘The Concept of Justice’. (In: Giving Desert Its Due. Law and Philosophy Library, vol 2.) Springer, Dordrecht. https://doi.org/10.1007/978-94-015-7706-9_2 Last Visited on 10th July 2024.

[22] Ibid.

[23] ‘Social Justice and Indian Context’ International Journal of Science and Research (IJSR) Volume 3 Issue 9, September 2014 https://www.ijsr.net/archive/v3i9/MDIwMTU3Mzk=.pdf Last Visited on 11th July, 2024.

[24] David Miller, Harvard University Press, Cambridge, Mass., 1999.

[25] Article 12-35, The Constitution of India.

[26] 17. “Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law.

[27]‘Dr. B.R. Ambedkar’s concept of Social Justice and Constitution of India’ https://ijcrt.org/papers/IJCRT2012278.pdf Last Visited on 12th July, 2024.

[1] https://www.sciencedirect.com/topics/psychology/digital-surveillance

[2]https://www.law.cornell.edu/wex/electronic_surveillance#:~:text=Electronic%20surveillance%20is%20the%20acquisition,a%20reasonable%20expectation%20of%20privacy.

[3] https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2418485

[4] https://news.harvard.edu/gazette/story/newsplus/surveillance-from-vision-to-data-explores-history-of-surveillance/

[5] https://nap.nationalacademies.org/read/11896/chapter/13

[6] https://privacyinternational.org/sites/default/files/2017-12/Guide%20to%20International%20Law%20and%20Surveillance%20August%202017.pdf

[7] https://www.orfonline.org/expert-speak/the-state-of-surveillance-in-india

[8] https://www.orfonline.org/expert-speak/the-state-of-surveillance-in-india

[9] https://repository.nls.ac.in/slr/vol16/iss1/5/

[10] https://www.hindustantimes.com/analysis/uapa-when-laws-turn-oppressive/story-d9d7OEO50LQjLZs3Ba5pzI.html

[11] https://gilc.org/privacy/survey/intro.html

[12] https://www.amnesty.org/en/what-we-do/freedom-of-expression/

[13] https://cja.org/human-rights-issues/arbitrary-detention/

[14] AIR 2018 SC (SUPP) 1841

[15] AIR 2020 SUPREME COURT 1308

[16] http://docs.manupatra.in/newsline/articles/Upload/62E569B9-547B-4144-80AC-03A9EBFC45DA.pdf

[17] AIR 2018 SC (SUPP) 1841

[18] https://www.orfonline.org/expert-speak/the-state-of-surveillance-in-india

[19] https://isd.iss.nl/home/civic-activism/

[20] https://gsdrc.org/topic-guides/social-exclusion/lessons-and-tools/the-role-of-civil-society-and-social-movements/

[21] https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/swales37§ion=34

[22] AIR 2018 SC (SUPP) 1841

[1] Assistant Professor at Nepal Law Campus

[2] Will Kenton, “Writ: Definition in Law, Types, and Examples”, Investopedia, https://www.investopedia.com/terms/w/writ.asp (Accessed: Sept 15 2023)

[3] A ARUN, “Law of Writs In Indian Constitution”, Legal Service india, https://www.legalserviceindia.com/legal/article-541-law-of-writs-in-indian-constitution.html (Accessed: Sept 15 2023)

[4] Kenton, supra note 2

[5] “Writs and its types”, JLRJS, https://jlrjs.com/writs-and-its-types/, (Accessed: Sept 15 2023)

[6] “Fundamental Rights - Articles 12-35 (Part III of Indian Constitution)”, Byjus, https://byjus.com/free-ias-prep/fundamental-rights/, (Accessed: Sept 15 2023).

[7] V.S.R. Avadhani & V. Soubhagya Valli, “Lesson on Common Law, Equity, & Constitutional Remedies” 615 (1st ed. 2021).

[8] V.S.R. Avadhani & V. Soubhagya Valli, supra note 7

[9] V.S.R. Avadhani & V. Soubhagya Valli, supra note 7 at 683

[10] Adarsh Singh Thakur, “Writs under the Indian Constitution”, Ipleaders , https://blog.ipleaders.in/writs-under-the-constitution/ , ( Accessed: Sept 19 2023)

[11] Yashh Bethal, “Analysis of writ jurisdiction of supreme court of India” , JLRJS, https://jlrjs.com/wp-content/uploads/2022/04/10.-Yash-Bethal.pdf , ( Accessed: Sept 20 2023)

[12] Hemant, “Writs and Their Types”, thefactfactor, https://thefactfactor.com/facts/law/legal_concepts/legal_terms/writs/180/, ( Accessed: Sept 20 2023)

[13]   Jack Woerner, “What is a Capias Warrant?”, Study,  https://study.com/learn/lesson/capias-warrant.html  (Accessed: Sept 20 2023)

[14] “Lakshmi v. Government of Nepal (Supreme Court of Nepal)”, Center for Reproductive rights, https://reproductiverights.org/case/lakshmi-dhikta-v-government-of-nepal-amici-supreme-court-of-nepal/, (Accessed: Sept 20 2023)

[15]  “Sunil Babu Pant and Others/ v. Nepal Government and Others, Supreme Court of Nepal (21 December 2007)” , icj, https://www.icj.org/sogicasebook/sunil-babu-pant-and-others-v-nepal-government-and-others-supreme-court-of-nepal-21-december-2007/ , ( Accessed: Sept 20 2023)

[1] Not moving or changing, or staying in one place for a long time

[2] Pertaining to or characterized by energy or effective action; vigorously active of forceful; energetic

[3] The informal or unwritten rules of social behavior that are widely observed in a particular society or culture and are considered moral

[4] To refuse to accept something or someone when offered

[5] A traditional way to interpret the behavior or of doing something

[6] The process of judges interpreting the law to decide which side of the case should win

[7] Gabriel Power, ‘Is India becoming a dictatorship?’ (The Week UK, 11 July, 2019) < https://theweek.com/102206/is-india-becoming-a-dictatorship>  accessed 6 July 2024

[8] T.V. Asokan, ‘Daniel McNaughton (1813-1865)’ (National Library of Medicine, September, 2007) < https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2902100/> accessed 6 July, 2024

[9] Infra, chapter XLII; Supra, chapter XXXII, section B

[10] Certain words and letters “specified in Parts A and B of the First Schedule” omitted by the Constitution (Seventh Amendment) Act, 1956, sec. 29

[11] AIR 1965 SC 845

[12] Supra, chapters XXXI and XXXII; infra, Next Chapter

[13] I.C. Golak Nath vs. State of Punjab, AIR 1967 SC 1643: 1967 (2) SCR 762

[14] See, supra, chapter XXXII; Infra, Next Chapter

[15] Subs. by the Constitution (Twenty-fourth Amendment) Act, 1971, sec. 3, by “Power of Parliament to amend the Constitution and procedure therefor” 

[16] Ins. by the Constitution (Twenty-fourth Amendment) Act, 1971, sec. 3

[17] Article 368 renumerated as clause (2) thereof by the Constitution (Twenty-fourth Amendment) Act, 1971, sec. 3

[18] Subs. by the Constitution (Twenty-fourth Amendment) Act, 1971, sec., for certain words

[19] Kesavananda Bharati vs. State of Kerala, AIR 1973 SC 1461

[20] Indira Nehru Gandhi vs. Raj Narain, AIR 1975 SC 2299: 1975 Supp SCC 1; supra

[21] Supra, chapter XIX, section F; infra, next Chapter

[22] For Clause 4 See, infra, chapter XLII

[23] Subs. by the Constitution (Forty-second Amendment) Act, 1976, sec. 2, for “SOVEREIGN DEMOCRATIC REPUBLIC” (w.e.f. 3-1-1977)

[24] Subs. by the Constitution (Forty-second Amendment) Act, 1976, sec. 2, for “unity of the Nation” (w.e.f. 3-1-1977)  

[25] Clauses (4) and (5) ins. by the Constitution (Forty-second Amendment) Act, 1976, sec. 55

[26] Subs. by the Constitution (One Hundred and First Amendment) Act, 2016, sec. 15 for “article 162 or article 241” (w.e.f. 16-9-2016). Published in the Gazette of India (Extra.) Part II Section 1 dated 8-9-2016

[27] Upasana Sajeev, ‘Mere Gathering of more than 5 persons not “Unlawful Assembly”: Madras HC quashes case against law students protesting against Srilankan Govt.’ LiveLaw.in (India, 10 August, 2022)

[28] NEXT IAS Content Team, ‘Powers and Functions of President of India’ (Nextias, 22 April 2024) < https://www.nextias.com/blog/powers-and-functions-of-president-of-india/> accessed 10 July 2024

[29] Sarbani Sen, The Constitution of India: Popular Sovereignty and Democratic Transformations (Delhi, 2011; online edn, Oxford Academic, 20 Sept. 2012), https://doi.org/10.1093/acprof:oso/9780198071600.001.0001, accessed 12 July 2024

[30] Austin, Granville, 'The Judiciary under Pressure', Working a Democratic Constitution: A History of the Indian Experience (Delhi, 2003; online edn, Oxford Academic, 18 Oct. 2012), https://doi.org/10.1093/acprof:oso/9780195656107.003.0017, accessed 14 July 2024

[31] Ankita M. Singh, ‘Analysis of Article 32 of the Constitution of India: Right to Constitutional Remedies’ (LegalserviceIndia, 20 September 2023) <https://www.legalserviceindia.com/legal/article-13508-analysis-of-article-32-of-the-constitution-of-india-right-to-constitutional-remedies.html> accessed 14 July 2024

[32] Minerva Mills Limited vs. UOI, AIR 1980 SC 1789: (1980) 3 SCC 625

[33] Waman Rao vs. UOI, AIR 1981 SC 271; supra, section E(b)

[34] Supra, chapter XXXII; supra; infra, chapter XLII

[35] Raghunath Rao vs. UOI, AIR 1993 SC 1267, 1287: 1933 (1) JT 374

[36] Supra, chapters II, section F and VI, B(iv): Infra, chapter XLII

[37] Ibid

[38] Kihota Hollohan vs. Zachillu, AIR 1993 SC 412: 1992 Supp (2) SCC 651, supra, chapter II, section F(a)

[39] AK Roy vs. UOI, AIR 1982 SC 710: (1982) 1 SCC 271

[40] CB 45 is the abbreviation used in the text for the Constitution (Forty-fifth Amendment) Bill, which later became the Constitution (Forty-fourth Amendment) Act

[41] Supra, infra, chapter XLII

[42] Dr. Makkhan Lal, ‘Swaran Singh Committee and 39th- 42nd Amendments’ (vifindia, 31 July 2018) <https://www.vifindia.org/article/2018/july/31/swaran-singh-committee-and-39-42-amendments> accessed 16 July 2024

[1] ‘Artificial Intelligence - India | Statista Market Forecast’ (Statista, March 2024) accessed 10 July 2024;

[2] Geetika Sachdev, ‘"India’s AI market to reach USD 7.8 billion by 2025,” says IDC’s latest report on AI’ (IndiaAI, 31 October 2021) accessed 10 July 2024;

[3] Martin Stumpe, Technical Lead, and Lily Peng, Product Manager ‘Assisting Pathologists in Detecting Cancer with Deep Learning’ (Google Research - Explore Our Latest Research in Science and AI, 3 March 2017) accessed 10 July 2024;

[4]Wendy Gerwick Couture, ‘Materiality and a Theory of Legal Circularity’ (2015) 17 University of Pennsylvania Journal of Business Law 3, 453, 455;

[5]Daniel B. Dobbs, ‘The Place of Reliance in Fraud’ (2006) Vol. 48 Arizona Law Review< https://www.arizonalawreview.org/pdf/48-4/48arizlrev1001.pdf > accessed 11 July 2024;

[6] Yavar Bathaee, ‘Artificial Intelligence Opinion Liability’ (2020) 35(1) Berkeley Technology Law Journal 113, 122 accessed 11 July 2024;

[7] IBM Data and AI Team, 'Shedding light on AI bias with real-world examples - IBM Blog' (IBM Blog, 16 October 2023) accessed 11 July 2024;

[8] Reva Schwartz and others, Towards a Standard for Identifying and Managing Bias in Artificial Intelligence (NIST SP 1270, U.S. Department of Commerce 2022) accessed 12 July 2024.

[9] Rachel Goodman, ‘Why Amazon’s Automated Hiring Tool Discriminated Against Women’ (ACLU 12 October 2018) accessed 11 July 2024;

[10] Jeffrey Dastin, ‘Insight- Amazon scraps secret AI recruiting tool that showed bias against women’ (Reuters, 11 October 2018) accessed 12 July 2024.

[11] Seth Dobrin Chief AI Officer and Christina Montgomery Chief Privacy Officer & AI Ethics Board Co-Chair, ‘Principles and Practices for Building More Trustworthy AI’ (IBM Newsroom, 21 October 2021) accessed 12 July 2024;

[12] ‘AI Principles Progress Update 2023’ (Making AI helpful for everyone - Google AI) accessed 12 July 2024;

[13] ‘Asilomar AI Principles - Future of Life Institute’ (Future of Life Institute, 11 August 2017) accessed 12 July 2024;

[14] ‘Ethical Principles and Practices for Inclusive AI’ (Partnership on AI, 20 July 2022) accessed 12 July 2024;

[15] ‘AI4 People's Ethical Framework for a Good AI Society: Opportunities, Risks, Principles, and Recommendations’ (AI4People – Assessing AI Risk, 28 November 2019 accessed 12 July 2024;

[16] Rob Smith, ‘5 core principles to keep AI ethical’ (World Economic Forum, 19 April 2018) accessed 12 July 2024;

[17] Changwu Huang and others, ‘An Overview of Artificial Intelligence Ethics’ (2023) 4(4) IEEE Transactions on Artificial Intelligence 10.1109/TAI.2022.3194503 accessed 13 July 2024;

[18] Eric Brattberg, Raluca Csernatoni, and Venesa Rugova, Assessing the EU's Approach To AI (Carnegie Endowment for International Peace 2020) accessed 13 July 2024;

[19] Gary R Lea, ‘Constructivism and its risks in artificial intelligence’ (2020) 36(4) Prometheus 322, 336 accessed 13 July 2024;

[20] Cataleta and Maria Stefania, Humane Artificial Intelligence: The Fragility of Human Rights Facing AI (East-West Center 2020) accessed 13 July 2024;

[21] Silva, Selena and Martin Kenney, ‘Algorithms, Platforms, and Ethnic Bias: An Integrative Essay’ (2018) 55(1 & 2) Phylon (1960-) 9, 29 accessed 13 July 2024;

[22]Tafari Mbadiwe, ‘Algorithmic Injustice’ (2018) (54) The New Atlantis 3, accessed 13 July 2024;

[23] Jeff Larson and others, ‘How We Analyzed the COMPAS Recidivism Algorithm’ (ProPublica, 23 May 2016) accessed 14 July 2024;

[24] ‘Ethics guidelines for trustworthy AI’ (European Commission- Shaping Europe's digital future, 8 April 2019) accessed 14 July 2024;

[25] Cuéllar and Mariano-Florentino, ‘A Common Law For The Age Of Artificial Intelligence: Incremental Adjudication, Institutions, And Relational Non-Arbitrariness’ (2019) 119(7) Columbia Law Review 1773, accessed 13 July 2024;

[26] Geistfeld and Mark A, ‘A Roadmap for Autonomous Vehicles: State Tort Liability, Automobile Insurance, and Federal Safety Regulation’ (2017) 105(6) California Law Review 1611, accessed 14 July 2024;

[27] IntelCorp. v. Hamidi, Supreme Court of California, 30 June 2003, S103781, P.3d, 71,296,308 (California) accessed 15 July 2024;

[28] Cuéllar and Mariano-Florentino, ‘A Common Law For The Age Of Artificial Intelligence: Incremental Adjudication, Institutions, And Relational Non-Arbitrariness’ (2019) 119(7) Columbia Law Review 1773, accessed 13 July 2024;

[29] Bryant Walker Smith, ‘Automated Driving and Product Liability’ (2017) (1) MICH. ST. L. REV. 32;

[30] Jack Boeglin, ‘The Costs of Self-Driving Cars: Reconciling Freedom and Privacy with Tort Liability in Autonomous Vehicle Regulation’ (2015) 17 Yale J.L. & Tech. 174 accessed 14 July 2024;

[32] Ashley Deeks, ‘The Judicial Demand For Explainable Artificial Intelligence’ (2019) 119(7) Columbia Law Review 1829 accessed 14 July 2024;

[33] Todd C. Helmus, Artificial Intelligence, Deepfakes, and Disinformation A Primer (2022) accessed 14 July 2024.

[34] Mady Delvaux, DRAFT REPORT with recommendations to the Commission on Civil Law Rules on Robotics (2015/2103(INL)) (PE582.443v01-00, 2014) accessed 15 July 2024;

[35] Highway Accident Report- Collision Between Vehicle Controlled by Developmental Automated Driving System and Pedestrian Tempe, Arizona (NTSB/HAR-19/03 PB2019-101402, National Transportation Safety Board 2018) accessed 15 July 2024;

[36] Darley and others, ‘Bystander intervention in emergencies: diffusion of responsibility’ (1968) 8(4) Journal of Personality and Social Psychology 377 accessed 15 July 2024;

[37] Nils Christopher Köbis, Christopher Starke and Jaselle Edward-Gill, The Corruption Risks of Artificial Intelligence (Transparency International 2022) accessed 16 July 2024;

[38] Niklas Kossow, Svea Windwehr and Matthew Jenkins, Algorithmic transparency and accountability. (Transparency International 2021) accessed 15 July 2024;

[39] James Guszcza and others, ‘Why We Need to Audit Algorithms’ [2018] Harvard Business Review accessed 15 July 2024;

[40] Rob Reich, Mehran Sahami, and Jeremy M. Weinstein, System Error: Where Big Tech Went Wrong and How We Can Reboot (HarperCollins Publishers 2021);

[1]Vartika Patel, Ph.D Scholar, Faculty of Law, University of Law.

[2]Tobias pg . 687

[3]D.Latha, “Jurisdiction Issues in Cyber Crimes”, (2008) 4 LW (JS) 84.

[4]Alan Davidson, The Law of Electronic Commerce, Cambridge University Press.

[5]Scc Online Times, Del HC| Whatsapp challenges Intermediary Rules, says traceability will break end-to-end encryption, breach privacy; Union of India says no Fundamental Right is absolute, available at <https://www.scconline.com/blog/post/2021/05/27/del-hc-whatsapp-challenges-intermediary-rules-says-traceability-will-break-end-to-end-encryption-breach-privacy-union-of-india-says-no-fundamental-right-is-absolute/> (last visited on 10.07.2024)

[6]These are Berne Convention rights, and so almost all countries will have equivalent rules.

[7] See eg Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee, and the Committee of the Regions, 'Principles and Guidelines for the Community's Audiovisual Policy in the Digital Age', COM (1999) 0657 final, note 17: 'identical services should in principle be regulated in the same way, regardless of their means of transmission'.

[8] See also Council of Europe Convention on Cybercrime (2001, in force 2004), Art 8 for a similar approach.

[9] See further Chris Reed, 'Electronic Commerce' in Chris Reed (ed), Computer Law, 7th edn

(Oxford: Oxford University Press, 2010), Ch 4.2.2. 15 Directive 2000/31/EC on electronic commerce OJ L 178/1, 17 July

[10]Directive 2000/31/EC on electronic commerce OJ L 178/1, 17 July 2000, Art 5.

[11] Directive 97/7/EC on the protection of consumers in respect of distance contracts, OJ L 144/19, 4 June 1997, Art 4.

7 See eg Directive 2000/31/EC

[12] See eg Directive 2000/31/EC on electronic commerce OJ L 178, 1, 17 July 2000, Art 14.

[13] See eg US Communications Decency Act 1996, 47 USC § 230.

[1] Dr. H.O. Agarwal, Human Rights, Page number 2

[2] United Nations Charter, Art. 22

[3] United Nation Organ, Third Committee < https://www.un.org/en/ga/third/> (June 24, 2024; 01:12 am)

[4] United Nation Organ, Sixth Committee <https://www.un.org/en/ga/sixth/> (June 24, 2024; 01:17 am)

[5] United Nations Organ < https://legal.un.org/committees/terrorism/> (June 24, 2024; 01:19 am)

[6] United Nations Charter, Art. 99

[7] International Court of Justice (ICJ) Statute, Art. 59.