Author: lexgazette

Shreya Mangal

DOI:

Abstract

In the era of AI, the cybercrime rate has drastically increased, necessitating a shift from the traditional Criminal justice system to a technologically driven criminal justice system. This research article, Changing Dimensions in the era of Artificial Intelligence: Re-envisioning the Indian Criminal Justice System in the 21st century, critically examines the potential of AI to reduce current system inefficiencies while complying with the constitutional standards. It describes the historical evolution of the Criminal Justice system. It begins with the integration of AI into the criminal justice system by identifying loopholes in the current Criminal justice system, such as delays in trials, inadequate investigative capacity, poor coordination, etc. It highlights emerging technological initiatives in India, including predictive policing, evidence analysis, and correctional administration.

Through the comparison of different countries, this article illustrates the key concerns and legal safeguards of the United States, the United Kingdom, and China to get a balanced approach for India. The ethical dimensions of AI are also scrutinized in this study. It is concerned that over-reliance on technology may degrade the quality of decisions. Ultimately, this article proposes a reform-oriented framework for integration of AI in the Indian Criminal justice system, ensuring compliance with constitutional provisions. By balancing innovation with constitutional safeguards, the study envisions a more accountable, efficient, and rights-oriented criminal justice system in India.

Keywords

Criminal Justice System, Cybercrime, Artificial Intelligence, Technological Initiatives, Predictive Policing, Correct Administration

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Dimple Nayak & Dr. Sunita Shrivastava

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Abstract

The rapid advancement of technology has transformed law enforcement and the administration of justice. Artificial Intelligence (AI) has emerged as an important tool in crime prevention through predictive policing, which uses algorithms to analyze data and identify possible criminal activities.

This research paper, titled “Use of Artificial Intelligence in Crime Prediction: Legal and Constitutional Challenges,” examines the relationship between AI technology and constitutional safeguards. While AI can improve efficiency and crime control, it also raises concerns regarding privacy, data protection, accountability, and algorithmic bias.

In India, the use of AI in crime prediction must comply with constitutional rights, particularly Article 14, Article 21, and the right to privacy recognized in Justice K.S. Puttaswamy (Retd.) v. Union of India. The Constitution does not prohibit AI-based policing, but it requires such technologies to operate within the principles of legality, transparency, proportionality, and procedural safeguards.

This paper critically analyzes whether predictive policing aligns with constitutional values and human rights standards. It further examines the adequacy of existing legal frameworks in addressing challenges posed by AI-driven surveillance systems. The study concludes that India urgently needs a comprehensive legal framework to ensure the ethical, fair, and accountable use of AI in law enforcement while protecting democratic values and fundamental rights.

Keywords

AI-driven surveillance, Artificial Intelligence, Crime Prediction, BNS, Privacy, Constitution

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Saood Khan

DOI:

Abstract

The blistering development of digital technologies has changed the opportunities and the threats linked to technological progress. Artificial intelligence (AI) is being progressively applied in the financial systems, governance systems, and social communication systems in India. Although these developments increase the growth and efficiency of the economy, they provide a new source of criminal activity. The paper investigates the emerging connection between artificial intelligence and the novel crime manifestations in India. Special focus is put on cyber fraud, identity theft, deepfake manipulation, and automated misinformation campaigns. The study also determines the suitability of the existing legal system in combating AI-related crimes and outlines the gaps in the current laws. Based on the qualitative analysis of the secondary data, policy discourse, and the trend of cybercrimes in 2021-2025, the study identifies the increasing complexity of digital crimes and their influence on the right to privacy. The research indicates that the existing legal regulations are not adequate to combat the problems of autonomous technologies and algorithmic decisions. The paper concludes that forward-thinking legal reforms that optimize the balance between technological innovation and the protection of privacy, accountability, and constitutional principles in the digital age should be implemented in India.

Keywords

Artificial Intelligence, Cybercrime, Privacy Rights, Legal Reform, Digital Crime, India

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Shubhash Mujalde & Dr. Mahasweta Sengupta

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Abstract

Disabled women have, in general, been silenced within society, denied their rights and equal economic and social opportunities due to prejudice, stigma, and poverty. They are commonly perceived as asexual, which means that they are denied the possibility of close relationships or marriage. It is assumed that they are incapable of handling the maternal role; hence, too often forced to undergo sterilization. Sexual Violence and abuse are serious problems for persons with disabilities, especially for women with disabilities, who are at greater risk than non-disabled persons. World Health Organization, in its World Report on Violence and Health 2002, defines sexual violence as “any sexual act, attempt to obtain a sexual act, unwanted sexual comments, or acts to traffic, or otherwise directed, against a person’s sexuality using coercion, by any person regardless of their relationship to the victim, in any setting, including but not limited to home and work.”

 “Violence against women” has been defined in Article 1 of the UN Declaration on the Elimination of Violence against Women, 1993 to mean “any act of gender-based violence that results in or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.” The social context of disability, including factors such as inaccessibility, reliance on support services, poverty and isolation, has a powerful impact on individuals’ increased risk for violence.

Keywords

Women with Disabilities, Sexual Exploitation, Sexual Abuse, Gender-Based Violence, Disability Rights, Social Discrimination, Women’s Empowerment

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Bhawna Rangotha & Dr. Mahasweta Sengupta

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Abstract

The legal status of cohabitation without formal marriage, or live-in partnerships, varies greatly around the world due to a complex interaction of societal, legal, and cultural factors. The legal systems governing cohabitation in five different countries—the US, India, Sweden, France, and Japan—are compared in this article. It looks at how societal attitudes, legal precedents, and statutes affect cohabiting partners’ rights and recognition. While nations like India and Japan face social stigmas and little legal acknowledgment, progressive countries like Sweden and France provide extensive legal rights. In addition to differences based on cultural norms and legal traditions, the study identifies common issues like gender equality, child welfare, and implementation challenges. The paper emphasizes the necessity of harmonized legal frameworks that take into account modern relationship dynamics by examining case law, legislative requirements, and Law Commission proposals. The study ends with practical suggestions, such as international cooperation to resolve transnational legal disputes, gender-sensitive changes, and public awareness initiatives.   By bridging the gap between changing cultural values and established legal frameworks, these ideas hope to promote equity and inclusivity in family law around the world.

Keywords

Live-In Relationships, Cohabitation, Comparative Law, Legal Recognition

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Gunja Dubey & Prof (Dr) Jayshree Nandeshwar

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Abstract

The rapid digitization of the Indian economy has shifted consumer behavior from traditional brick-and-mortar stores to sprawling e-commerce ecosystems, necessitating a robust legal overhaul. This paper evaluates the effectiveness of the Consumer Protection Act (CPA), 2019 and the Consumer Protection (E-Commerce) Rules, 2020 in regulating the modern digital marketplace. By analysing the transition from the legacy 1986 framework, the study examines the newfound powers of the Central Consumer Protection Authority (CCPA) and the mandatory disclosure requirements for marketplace and inventory-based models. While the framework significantly enhances transparency and addresses “unfair trade practices,” critical gaps remain. This analysis identifies persistent challenges, including the rise of deceptive “dark patterns” in user interfaces, the complexities of cross-border jurisdictional enforcement, and the mounting backlog within consumer commissions. Ultimately, the paper argues that while the legislative intent is progressive, its success depends on technological integration and the urgent resolution of structural judicial delays.

Keywords

Consumer Protection Act 2019, E-Commerce Rules 2020, CCPA, Digital Marketplace Regulation, Unfair Trade Practices, Grievance Redressal

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Surbhi Jain & Dr Mithlesh Malviya

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Abstract

This study employs Artificial Intelligence techniques to analyze Hindu matrimonial and divorce laws and examines their socio-legal effects on Indian husbands and their extended families. While existing research has predominantly focused on protecting women from historical gender biases, relatively few studies investigate how matrimonial lawsuits impact husbands and their relatives. The research team adopted quantitative socio-legal methods, gathering primary data from 150 participants involved in matrimonial conflicts. Statistical analysis was conducted through correlation and regression methods, supplemented by Artificial Intelligence pattern detection technology. The study results reveal a weak but statistically significant relationship between matrimonial law application and the social and economic effects experienced by husbands. The findings further demonstrate that matrimonial litigation produces social and economic consequences for extended family members, though other structural elements also shape these impacts. The research additionally found that structured legal systems foster positive perceptions of fairness among litigants. The study calls for equitable matrimonial justice through procedural safeguards and mediation systems, alongside comprehensive socio-legal policy reforms.

Keywords

Artificial Intelligence, Hindu Marriage Act, Matrimonial Litigation, Socio-Legal Impact, Maintenance Law, Divorce in India

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Nishant Choudhary & Dr. Sunil Pandey

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Abstract

The Anti-Defection Law in India, introduced through the Fifty-Second Constitutional Amendment Act, 1985, seeks to prevent political instability caused by party defections by elected representatives. Despite its objective of ensuring political stability and party discipline, the law has faced several challenges, including delayed adjudication of disqualification petitions, political bias in decision-making, and the emergence of new strategies such as mass resignations to bypass disqualification provisions. In recent years, technological advancements, particularly Artificial Intelligence (AI), have created new opportunities for analysing legislative behaviour and improving institutional accountability. This paper examines the potential role of AI in monitoring legislative conduct and strengthening the enforcement of the Anti-Defection Law in India. It analyses how AI-based tools such as machine learning and data analytics can evaluate voting patterns, legislative participation, and party discipline. The study also explores constitutional implications, including institutional autonomy, democratic accountability, and separation of powers. The paper argues that while AI cannot replace constitutional authorities such as the Speaker, it can function as a supportive analytical mechanism that enhances transparency and evidence-based decision-making. The research concludes by proposing institutional and technological reforms aimed at integrating AI-based monitoring systems into legislative governance while preserving constitutional safeguards.

Keywords

Artificial Intelligence, Anti-Defection Law, Legislative Behaviour, Constitutional Governance, Political Stability

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Madhavi Modi

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Abstract

The convergence of Artificial Intelligence (AI) with Assisted Reproductive Technology (ART) and surrogacy is transforming reproductive healthcare by improving clinical decision-making, enhancing embryo selection, optimizing surrogate matching, and increasing the success rates of fertility treatments. While these technological advancements offer new opportunities for addressing infertility, they also raise significant legal, ethical, and regulatory concerns relating to privacy, data protection, informed consent, algorithmic bias, genetic intervention, and accountability. This paper critically examines the legal implications of integrating AI into surrogacy and ART within the Indian legal framework. Adopting a doctrinal research methodology based on statutory provisions, judicial developments, policy documents, and scholarly literature, the study analyses the Surrogacy (Regulation) Act, 2021, the Assisted Reproductive Technology (Regulation) Act, 2021, the Surrogacy (Regulation) Rules, 2022, and the evolving data protection regime. It evaluates the role of AI in surrogate selection, reproductive planning, genetic screening, and healthcare management while identifying regulatory gaps in relation to transparency, fairness, privacy, and ethical governance. The paper argues that although India’s existing legal framework provides safeguards against commercial exploitation and protects the rights of surrogate mothers and intending parents, it does not adequately regulate AI-driven decision-making in reproductive technologies. The study concludes that a comprehensive AI governance framework specific to reproductive healthcare is essential to ensure accountability, protect reproductive rights, safeguard sensitive medical data, and prevent discrimination. It recommends integrating ethical AI principles, robust data protection measures, human oversight, and transparent regulatory mechanisms to balance technological innovation with constitutional values, human dignity, and reproductive justice in the evolving landscape of AI-assisted surrogacy.

Keywords

Artificial Intelligence, Surrogacy, Assisted Reproductive Technology (ART), Reproductive Rights, AI Governance, Surrogacy (Regulation) Act

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Ashi Vaidya & Dr Jayshree Nandeshwar

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Abstract

The rapid advancement of Artificial Intelligence (AI) and Machine Learning (ML) is transforming criminal justice systems worldwide. In India, the integration of AI into policing, judicial administration, and correctional systems presents both significant opportunities and complex challenges. AI-driven technologies are increasingly deployed in judicial processes, case management, legal research, and law enforcement, enhancing efficiency, improving decision-making, reducing delays, and expanding access to justice. These developments are particularly relevant in addressing persistent issues such as case backlogs, language barriers, and the urgent need for digital modernization. AI-powered tools—including Machine Learning, Natural Language Processing (NLP), Optical Character Recognition (OCR), predictive analytics, legal chatbots, and translation software—enable automation of repetitive tasks and rapid processing of large datasets. This reduces the time required for investigation and adjudication, minimizes human error in evidence analysis, and assists courts in managing caseloads more effectively, thereby reducing pendency and improving the quality of justice delivery. This paper critically examines the impact of AI on judicial administration in India through a doctrinal and analytical methodology based on secondary sources, including statutory frameworks, government reports, and academic literature. While AI enhances efficiency, accuracy, and accessibility, it also raises concerns relating to privacy, algorithmic bias, transparency, and accountability. AI systems may reflect biases embedded in training data, potentially leading to discriminatory outcomes and undermining judicial discretion. Additionally, the increased use of surveillance technologies raises concerns regarding the right to privacy. The study highlights the absence of a dedicated AI regulatory framework in India and emphasizes the need for capacity building, ethical safeguards, and legal regulation. It concludes that AI must function as an assistive tool, with human oversight remaining central, to ensure alignment with constitutional principles and the goals of justice.

Keywords

Artificial Intelligence, Judicial System, Impact Assessment, Supreme Court, Justice Administration

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Nikhil Kumar Nad

DOI:

Abstract

Artificial Intelligence (AI) has emerged as a transformative technology with the potential to accelerate women’s empowerment by enhancing access to education, healthcare, employment, entrepreneurship, financial inclusion, and public safety. However, the same technology also presents significant legal, ethical, and social challenges, including algorithmic bias, digital exclusion, privacy violations, cybersecurity threats, and underrepresentation of women in AI development. This paper critically examines the dual impact of AI on women’s empowerment from a legal perspective, with particular emphasis on the Indian regulatory framework. Employing a doctrinal research methodology based on secondary sources, the study analyses constitutional provisions, statutory laws, government policies, judicial pronouncements, and international reports relating to AI governance and gender equality. It evaluates the role of the Constitution of India, the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and various policy initiatives in safeguarding women’s rights in the digital era. The paper further discusses landmark judicial decisions that reinforce equality, privacy, and women’s access to justice in technology-driven environments. While AI offers unprecedented opportunities to reduce gender disparities and strengthen socio-economic participation, its benefits cannot be fully realized without transparent, accountable, and gender-responsive governance. The study concludes that inclusive AI development, stronger legal safeguards, ethical regulatory mechanisms, digital literacy, and greater participation of women in AI design and policymaking are essential to ensuring that AI functions as a tool for substantive equality rather than reinforcing existing structural inequalities. The paper advocates a rights-based and human-centric approach to AI governance that aligns technological innovation with constitutional values and gender justice.

Keywords

Artificial Intelligence, Women Empowerment, Gender Equality, AI Governance, Sexual Harassment

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Chandra Deep Singh & Dr. Mithlesh Malviya

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Abstract

Unparalleled connectivity has become a hallmark of contemporary living with the rise of digital platforms such as WhatsApp, Facebook, YouTube, and countless more. The flip side of this digital revolution is cybercrime, which has grown into a global concern. Cybercrime is becoming increasingly prevalent as the number of active users continues to rise, reaching over two billion across all mediums. While cybercrime is a worldwide issue, made worse by illiteracy, poverty, and a lack of understanding, India’s chronic lack of thorough laws to deal with cybercrimes appropriately highlights the urgent need for stronger cybersecurity measures in the country. This absence of legislative safeguards disproportionately affects women, children, and the elderly. Issues such as fraud involving marriage websites, child pornography, and data theft are prevalent. Also, once uploaded to Facebook or a messaging software like WhatsApp, it is impossible to remove all traces of the data. This highlights the need for rules like the “Right to be Forgotten,” which has been recognised in Europe. While the Information Technology Act of 2000 does provide some legal structure, it is insufficient to deal with the ever-evolving and increasingly complicated nature of cybercrime in India. A robust legislative framework to combat cybercrime is now called for in this paper, as stricter regulation is necessary in this digital age.

Keywords

Cyber fraud, Digital Era, Data Protection, Cybercrime, Digital platform

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Kiran Chandrakant Wagaj &  Dr. Joyti Dharma

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Abstract

The growing integration of Artificial Intelligence (AI) into legal and adjudicatory processes has introduced a new category of evidentiary material in civil litigation—AI-generated evidence. Such evidence may include predictive analytics, automated reports, digital reconstructions, and pattern-recognition outputs generated through algorithmic processing of data. This paper examines the admissibility and evidentiary value of AI-generated evidence in civil proceedings, with special reference to the Indian legal framework.

The study adopts a doctrinal methodology to analyse statutory provisions, judicial decisions, and scholarly literature concerning electronic and digital evidence. It evaluates whether existing provisions of the Indian Evidence Act, 1872—particularly Sections 65A and 65B relating to electronic records—are sufficient to govern AI-generated outputs. The paper argues that although AI-generated evidence may be accommodated within the existing framework as a form of electronic record, such treatment remains conceptually inadequate because AI outputs are not merely stored data but algorithmically inferred conclusions.

The paper identifies key concerns relating to authenticity, source verification, reliability, algorithmic bias, transparency, and the “black box” nature of AI systems. It further highlights the role of expert evidence in establishing the credibility of AI-generated outputs and the difficulties courts may face in assigning probative value to such material. Comparative references to the approaches in the United States and the United Kingdom demonstrate the need for reliability-based standards and judicial guidance in India.

The paper concludes that while AI has the potential to enhance efficiency in civil adjudication, its evidentiary use must be regulated through legislative reform, AI-specific evidentiary standards, judicial training, and ethical safeguards. A balanced framework is essential to ensure that technological innovation supports, rather than undermines, fairness, transparency, and due process in civil justice.

Keywords

Artificial Intelligence, AI-Generated Evidence, Admissibility of Evidence, Electronic Evidence, Algorithmic Bias, Evidentiary Value

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Kiran Chandrakant Wagaj &  Dr. Joyti Dharma

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Abstract

The rapid expansion of digital technologies has significantly transformed legal systems, governance structures, and social interactions. In India, the digitization of records, online dispute resolution mechanisms, electronic evidence, and publicly accessible court databases have enhanced transparency and efficiency in civil litigation. However, these developments have simultaneously raised complex questions concerning data privacy, reputational harm, and the long-term consequences of publicly available litigation records.While privacy concerns are frequently discussed in the context of criminal justice or surveillance, the implications of digital exposure in civil litigation remain under-examined. Civil disputes involving family matters, employment, commercial conflicts, or personal reputational claims often lead to the disclosure of highly sensitive information. When such information becomes permanently available through online court records or searchable databases, it may create barriers to social rehabilitation, economic reintegration, and personal dignity for litigants.

This research paper examines the intersection between data privacy, digital transparency, and civil justice in India. It analyses how the evolving legal framework governing data protection interacts with the realities of digital court systems. The paper further explores the challenges faced by individuals attempting to rebuild their social and professional lives after being involved in civil disputes that remain permanently documented in the digital public sphere. By examining constitutional jurisprudence, statutory developments, and comparative international frameworks, the study identifies significant gaps in Indian law regarding the protection of litigants’ personal data. The research also highlights the emerging need for policies that balance judicial transparency with privacy rights and the right to rehabilitation. The paper concludes by proposing legal reforms including anonymization of court records, controlled digital access to sensitive proceedings, stronger data protection regulations, and judicial guidelines aimed at safeguarding the dignity and reintegration of litigants in the digital era.

Keywords

Digital Access, Data Privacy, Privacy, Justice, Digital Era

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Gayatri Rathi & Dr. Sarika Tyagi

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Abstract

The use of Artificial Intelligence in India is growing, as is its potential to generate assessments related to identity, risk, credibility, eligibility, and reputation from data that is often under-utilized. This poses a significant challenge to privacy in India as current privacy laws in India address primarily data collection and processing. Consequential harm is primarily caused by automated systems that generate assessments and synthesize data. This paper considers whether the privacy provisions in the Indian Constitution, surveillance laws, the responsibilities of intermediaries and the Digital Personal data Protection Act, 2023 address these issues. This study employs a doctrinal approach. It examines existing provisions in the Constitution, the Public Interest Litigation and Landmark judgments, existing Statutes, Executive Orders, and select literature related to profiling, model inversion, membership inference, and generative systems. The study found that the protection of proportionality under Article 21 of the Constitution of India addresses these issues and the other provisions of the Act would provide limited rights to contest the inferred data. Indian privacy laws provide insufficient protection against automated decision-making, and fragmented measures against deepfakes and model leakage. The paper further suggests that privacy-inferenced data should be subjected to constraint of purpose, audit, and review.

Keywords

Artificial Intelligence, Digital Personal Data Protection Act, Deepfakes, Indian Telegraph Act, Right To Privacy, Inference Infrastructure

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Deeksha Dewangan

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Abstract

The deployment of Artificial Intelligence in criminal justice systems is arguably one of the most significant technological changes in the 21st century. AI is gradually transforming the entire spectrum of law enforcement in how it identifies, targets, and processes individuals. The technologies include predictive policing algorithms, facial recognition surveillance, and automated risk assessment tools that significantly affect bail and sentencing decisions. Proponents tout these technologies as capable of delivering efficiency, objectivity, and improved crime-fighting results on a scale never before imaginable. However, several fundamental questions about the technology remain in the eyes of the critics, especially concerning algorithmic bias, violations of the right to a fair trial, privacy infringements, and dehumanisation of the concept of justice. This paper takes an in-depth look at the use of Artificial Intelligence in criminal justice from the perspectives of both ethics and morality. It employs well-established philosophical concepts such as Rawlsian justice, deontological ethics, and utilitarian theory to assess whether algorithmic systems are able to bring about justice or only serve to perpetuate and worsen existing social inequalities in a coded form. Moreover, it discusses the revolutionary prospective role of AI in justice systems, considering its advantages against its ethical threats, and sets out a model for ethical regulation. The paper ends by arguing that justice, as a moral and social institution, cannot be equated with computational logic without intentional ethical considerations, participatory design, and strong democratic control.

Keywords

Artificial Intelligence, Criminal Justice, Algorithmic Bias, Predictive Policing, Ethics, Morality, Facial Recognition

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Gargi Singh & Dr. Utkarsh Verma

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Abstract

The digital era has fundamentally reshaped the interplay between data, privacy, and security within India’s criminal justice system. The growing deployment of Artificial Intelligence (AI), machine learning algorithms, big data analytics, facial recognition technology (FRT), and mass surveillance infrastructure by state law enforcement agencies has transformed both criminal investigation and the post-incarceration lives of offenders, raising acute questions of constitutional rights, statutory sufficiency, and human dignity. This paper critically examines the evolving legal standards governing data protection and surveillance in India, with particular focus on their implications for offender rehabilitation and social reintegration. Anchored in the constitutional jurisprudence of Justice K.S. Puttaswamy (Retd.) v. Union of India and the Digital Personal Data Protection Act, 2023, this study argues that broad state exemptions, structural deficiencies in adjudicatory oversight, and the complete absence of a rehabilitative data protection framework collectively create a system of perpetual digital monitoring incompatible with the constitutional values of dignity, equality, and personal liberty. Drawing upon comparative analysis of the European Union’s General Data Protection Regulation, the EU Artificial Intelligence Act, the United Kingdom’s Rehabilitation of Offenders Act, 1974, and international human rights instruments, the paper advocates for a rights-based legal architecture integrating data minimisation, purpose limitation, time-bound retention, judicial oversight, and the right to be forgotten as tools of reintegrative justice.

Keywords

Data Privacy, AI Surveillance, Facial Recognition Technology, Digital Personal Data Protection Act 2023, Rehabilitation

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Abhijit Singh

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Abstract

The surge of the digital economy is creating a complicated field of wealth, the “Digital Estate,” which has engendered a conflict between the traditional approach to devolution of property under the Indian Succession Act, 1925, and information-based privacy approaches under the DPDP Act, 2023. This report finds that a “Consent Gap” occurs in the DPDP Act, with the “Right to Nominate” creating a posthumous privacy guardian. Still, the statute systematically omits to provide an asset heir to inherit monetized, intangible digital assets. The study examines the deficiency in the existing system for digital inheritance, as it depends solely on contractual Terms of Service (ToS) following the WazirX cyber-attack and the conflicting laws in the past regarding post-mortem privacy in India. The report presents a comprehensive “Unified Digital Succession Framework” (UDSF) based on the comparative models of other countries, such as the US RUFADAA and Germany’s universal succession. The bill aims to introduce a ‘Digital Executor’ concept which would mandate the legal recognition of a ‘Digital Executor’, a tiered access concept, differentiating the economic from highly personal data, and the punishment of unauthorized post-mortem access. In conclusion, the balancing of the right to privacy and the proprietary rights of legal heirs is a pressing constitutional challenge.

Keywords

Estate, Post-Mortem Privacy, Digital Succession, Consent Gap, Digital Executor, DPDP Act, Unified Digital Succession Framework (UDSF)

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Gayatri Rathi & Dr. Sarika Tyagi
DOI:

Abstract

The Artificial Intelligence Act of the European Union, officially adopted as Regulation (EU) 2024/1689, considers biometric AI as an area where some uses are so rights-infringing that even a risk-management label would not suffice; therefore, it draws legally binding red lines through Article 5 of Regulation (EU) 2024/1689. The forbidden practices most relevant to biometrics comprise the use of “real-time” remote biometric identification in publicly accessible spaces for law enforcement purposes, which is subject only to tightly conditioned exceptions that are linked to specific objectives such as the search for missing persons, the prevention of imminent threats, and the identification of suspects of serious crimes, which must be supported by the prior authorization, registration, and deletion obligations. Furthermore, the Act disallows the creation or enlargement of facial recognition databases by indiscriminate scraping from the internet or CCTV, which is a depiction of the explicit legal decision that mass face capture destroys anonymity and scares public life. It bans biometric straightforwardness that is used to guess sensitive traits and prohibits emotion recognition in workplaces and educational institutions unless it is for the narrow purposes of medical or safety cases. These prohibitions are relevant for India because the Indian constitutional privacy doctrine, based on Article 21 of the Constitution of India and interpreted in K. S. Puttaswamy v. Union of India, requires State intrusions to be legal, necessary and proportionate, whereas Indias very recent data protection statute, the Digital Personal Data Protection Act, 2023, imposes cross-sector duties without biometric-specific per se bans. The takeaway from the comparison is that India can implement EU-style bright lines for high-chill biometric uses while fitting the safeguards to Indian welfare delivery, policing capacity, and oversight institutions through pinpointed statutory amendments, procurement conditions, and audit-ready authorization processes. A practical roadmap would be to enact biometric-specific prohibitions and narrow exceptions, harmonize legitimate grounds and retention limits between Section 29 of the Aadhaar Act, 2016 and the DPDP framework, and develop binding authorization, logging, and independent review provisions for any biometrics-based public space surveillance.

Keywords

EU AI Act, Article 5 Bans, Biometric Privacy, Facial Recognition, Emotion Recognition, Predictive Policing, India DPDP Act

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