The MSI Law Journal, Delhi (MSILJ) is a flagship journal, which was established in the year 2024 by Maharaja Surajmal Institute, Guru Gobind Singh Indraprastha University (GGSIPU). It aims to promote inter-disciplinary and empirical discussions on diverse areas of law. Through publication of high-quality research on diverse and contemporary topics, it aims to contribute to better policy making and judicial discussions. We wish to provide a forum for legal scholars, researchers, practitioners, and students to engage in dialogue about pressing legal issues, fostering a community of inquiry and debate. The journal’s Advisory Board encapsulates the core ethos of the MSI Law journal, which is to promote and foster multidisciplinary researches in the field of law for revolutionising the understanding of contemporary legal issues across the globe.
A Historical Lens on Organisational Justice:Evolution, Perspectives, and Implications
Fairness perceptions in the workplace have long been recognized as a cen tral determinant of employee motivation, performance, and organizational harmony. Organizational justice refers to employees’ subjective assessments of fairness concerning outcomes, procedures, and interpersonal treatment. This paper provides a historical and conceptual analysis of the evolution of organizational justice, tracing its development from early notions of rela tive deprivation (Stouffer et al., 1949) to contemporary, multidimensional frameworks. The review identifies three major intellectual phases—dis tributive, procedural, and interactional justice—and examines how each stream has cumulatively shaped the field. The paper highlights the interplay among these perspectives and underscores the integrative movement that positions justice as a multifaceted construct influencing employee attitudes and behaviors across organizational contexts.
Digital Identity Rights: A Comparative Analysis of Denmark’s and India’s Approaches to Deepfakes
The proliferation of generative artificial intelligence has enabled sophis ticated deepfake technology, posing unprecedented challenges to digi tal identity protection and personal autonomy. This comparative legal analysis examines Denmark’s 2025 copyright reforms, introducing bio metric likeness protection, against India’s fragmented legal framework for addressing deepfake-related digital impersonation. Through doc trinal legal research and comparative methodology, this study analyzes Denmark’s innovative Sections 73a and 65a of the Copyright Act, which extend intellectual property rights to protect facial features, voice, and physical characteristics from unauthorized digital imitation. The research reveals significant gaps in India’s current legal landscape, where privacy rights, defamation laws, and information technology provisions provide only piecemeal protection against AI-generated identity theft. Denmark’s consent-based model, offering post-mortem protection for 50 years and establishing precise takedown mechanisms, presents a robust framework that balances individual rights with technological innovation. The find ings demonstrate that India’s adoption of similar copyright-based person ality rights could substantially enhance digital identity protection while maintaining compatibility with global regulatory standards. The study offers policy-relevant insights for jurisdictions grappling with AI, intel lectual property, and human dignity.
The Architectures of the Designed Human: A Legal and Scientific Analysis of Germline Genome Editing
The convergence of reproductive biology and genomic engineering has birthed a legal and ethical singularity: the potential to design the genetic constitution of future human generations. This research paper, situated at the intersection of Law and Emerging Technology, provides an exhaus tive examination of the phenomenon colloquially termed the “designer baby”—specifically, the application of Heritable Human Genome Editing (HHGE). We traverse the molecular intricacies of CRISPR-Cas9 mediated double-strand breaks and homology-directed repair, establishing the scientific baseline necessary for legal adjudication. The analysis proceeds to dissect the regulatory vacuum exposed by the He Jiankui affair, contrast ing the “illegal medical practice” verdict with the subsequent amendment to the Criminal Law of the People’s Republic of China (Article 336-1). A comparative legal framework scrutinizes the permissive licensure model of the United Kingdom’s Human Fertilisation and Embryology Authority (HFEA), the funding-based prohibition in the United States, and the dig nity-based bans of the European Oviedo Convention. Centrally, this report evaluates the Indian legal landscape, interrogating the applicability of the Environment (Protection) Act, 1986, to human biological materials and analyzing the constitutional tension between reproductive privacy under Article 21 and the state’s parens patriae interest in preserving the unadul terated human gene pool. We conclude that current statutory frameworks are ill-equipped to manage the transition from negative selection (PGD) to positive modification, necessitating a sui generis biomedical jurispru dence.
The Validity of E-Rickshaws: A Contractual and Regulatory Deconstruction
The paper examines critically the Indian e-rickshaw sector by analyzing the regulatory framework governing it, drawn from key judicial interventions around its registration,licensing, insurance, and safety compliance. It further discusses how contract law applies to daily passenger-driver interactions by setting up implied duties of safety, care, and fairness. Finally, the study also evaluates the innovative Battery as a Service model, being a hybrid contractual approach with impact on the reliability of the vehicle. The central argument isthat the true legitimacy of the e-rickshaw sector relies on the robust inter play between itslegal regulations, contractual relationships, and technological standards. Only through the coordinated strengthening of these elements can e-rickshaws be integrated as a safe, lawful, and sustainable component of India’s urban transport landscape.
Stalked Online: The Social & Psychological Effects On Women In The Digital Era In India
In the digital age, online stalking has emerged as a pervasive threat, partic ularly affecting women in India. This study explores the social and psycho logical impacts of cyberstalking on women based on qualitative interviews, surveys, and existing literature. Women face a range of psychological con sequences, including anxiety, fear, depression, and a sense of helplessness. Socially, victims often face stigma, self-isolation, and an erosion of trust in digital communications. Cultural norms and gendered power dynamics further exacerbate this issue, limiting women’s ability to seek legal recourse or assistance. The normalization of digital surveillance and inadequate enforcement of cyber laws contribute to an environment where victims are often silenced. This research highlights the urgent need for widespread dig ital literacy, legal reform, and support systems to combat online stalking and create safer online environments for women. Addressing these chal lenges is essential to promote gender equality and mental health in India’s rapidly evolving digital society.
Copyright (c) 2026 Maharaja Surajmal Institute Law Journal
Public Interest Litigation (PIL) and Environmental Constitutionalism: Exploring the Nexus of Judicial Activism and Environmental Protection in India
In recent decades, the concept of Public Interest Litigation (PIL) has emerged as a potent instrument within the paradigm of environmental constitutionalism in India. This research paper aims to examine the intricate relationship between PIL and environmental constitutionalism, shedding light on how PIL has contributed to the advancement of environmental protection and sustainability objectives in the legal system of India. The paper begins by contextualizing the concept of environmental constitutional ism within the Indian legal landscape, emphasizing the integration of environmen tal principles into the constitutional framework through articles such as Article 211 and Article 48A2. It explores the inherent tensions between environmental rights and developmental imperatives, setting the stage for the subsequent analysis of PIL’s role in reconciling these tensions. A comprehensive review of landmark environmental PIL cases is conducted to illus trate the extent to which judicial activism has shaped environmental jurisprudence. The paper examines cases that have brought about significant policy changes, influ enced regulatory frameworks, and compelled governmental action to prevent and remedy environmental harm. Through this analysis, the paper highlights the trans formation of PIL from a mere procedural tool to a mechanism for enforcing environ mental rights and holding authorities accountable for their constitutional obligations. Furthermore, the paper delves into the implications of PIL for access to justice, emphasizing its role in democratizing the legal process by providing marginalized communities and environmental activists with a platform to advocate for their rights.
Greening Global Trade: Strategies for Aligning with SDGs and Climate Action
Confronted with compounding crises encompassing climate change, biological diversity decline, and environmental contamination, there is an increasingly pressing imperative for the establishment of a sustainable global economy, a notion gaining prominence within the international political discourse. Simultaneously, a profound equity dilemma prevails, characterized by the exacerbation of acute socio-economic disparities both among nations and within them, coupled with marked disparities in susceptibility to ecological hazards. The COVID-19 pandemic underscored the interconnected nature of these concerns, prompting appeals to institute a recovery framework characterized by sustainability and fairness. This vision of recovery, advo cating for ecological and egalitarian principles, has garnered support from a spectrum of political ideologies and regions across the globe. The intersection of global trade policies with the SDGs and climate action presents a critical confrontation and an unparalleled scope for policymakers, businesses, and society at large. This arti cle explores the multifaceted landscape of trade policies, sustainability, and climateaction, shedding light on harmonizing these realms for a more sustainable future. We delve into the fundamental challenges existing trade policies pose that may inad vertently hinder progress toward SDGs and climate action targets. These hurdles encompass issues such as trade barriers, regulatory misalignments, and economic interests that may clash with sustainability objectives. Recognizing these obstacles is essential in order to navigate the path forward. The article also focuses on the oppor tunities and strategies available to green global trade. We explore innovative tools and mechanisms that can be harnessed to promote green trade, such as eco-labelling, green supply chains, and carbon pricing. These strategies facilitate alignment with the SDGs and climate action and create new avenues for market growth and compet itiveness.
CHILD SEXUAL ABUSE IN INDIA: AN ANALYSIS UNDER THE NEW CRIMINAL JUSTICE JURISPRUDENCE
In the Social Fabric of Society, the child plays an important role as they are considered future nation builders. It is an important phase of human life. Children are the purest and most innocent human beings in this world but the human race has degraded themselves to such an extent that they do not hesitate to make them a target to fulfil their unlawful desires. In India, the Parliament and Judiciary have done tremendous work for the protection of the legal and human rights of children. Still, unfortunately, the children are subject to sexual exploitation directly or indirectly. India has the second-largest child population and is among the top five countries in the world that are facing the highest rate of sexual offences against children. In India every second, a child is facing emotional abuse, physical abuse, sexual abuse, or assault. In Punjab, the offences against children increased tremendously in the last few years and Child Sexual Abuse is one of them, the laws relating to child sexual abuse are very stringent in India despite that the offence is increasing day by day, resulting in an urgent need of an extensive and powerful policy as well as practical efforts to stop this menace.
Copyright (c) 2025 Maharaja Surajmal Institute Law Journal
Deepfakes and the Law: Addressing the Regulatory Gap and Mitigating the Risks of AI-Generated Content
The creation of fake pictures, videos, and voices made possible with the help of Artificial Intelligence is rapidly gaining traction as an emerging threat. Initially meant for artistic and educational use, deepfake technology can be and is misused to suit one’s needs. Disguising oneself, spreading untrue information, fabricating videos of an individual without their permission, and even changing the perceived view of a society are all deepfake possibilities that can be done easily with this technology.As with everything, deepfakes come with their own set of problems and risks. Their core weakness lies in their use for fraud; criminals are now able to use AI to impersonate an individual’s voice and trick employees into unknowingly performing money transfers. This has caused businesses and people to lose large sums of money. Another blatant issue is non-consensual deepfake videos, where an individual’s likeness is placed over obscene content. Research indicates that the majority of deepfake pornography involves women, making the whole phenomenon an internet issue of stalking and mistreatment.Even with all their expansion issues, the current laws set in place are not sufficient to address deepfake crimes. Europe’s General Data Protection Regulation (GDPR), as well as India’s Digital Personal Data Protection Act of 2023, were supposed to protect personal data but do not resolve the issue of deepfakes. Therefore, victims have little legal aid to take action, while numerous criminals remain unchecked.This article analyzes the failure of current laws and proposes solutions for the same. It suggests that aggressive legal measures, advanced deepfake detection technology, and increasing awareness of artificial intelligence abuse would be needed to address this complex challenge.
Deepfake technology, AI, personal data privacy, GDPR, Digital Personal Data Protection Act 2023, cybersecurity, misinformation, identity theft
Modern Era Corporate Crime(s) Vis-à-vis White-Collar Crime(s): A Critical Analysis from Indian Perspective
Corporations is a conglomeration of companies which are controlled by a single organization. Nowadays, corporate frauds have risen in India. Corporations committing corporate frauds is no longer a western concept for India. India’s earlier corporate crime dates to 1958, Mundra Scam. In this paper, an attempt has been made to analysis the emerging trends of corporate crimes in India. This has been done through studying various methods of commission of corporate crimes, how the background of the offender gives impetus to commit corporate crimes, motivation behind the corporate crimes and various model of corporate frauds. Further, short comings of legislations and recommendations/suggestions to discourage corporate crimes are also discussed.
Global Abortion Trends: Examining the Legal, Ethical, and Social Dimensions in India and the USA
Managing legal regulations in society is crucial for overseeing various medical and ethical practices, particularly when addressing complex and sensitive issues such as abortion. Abortion remains one of the most widely debated and controversial topics worldwide, as it involves moral, legal, medical, and social dimensions. Different countries adopt varying policies and regulations regarding abortion, influenced by cultural beliefs, religious principles, political ideologies, and public health considerations. Ensuring privacy and protecting women's reproductive rights is essential, as the ability to make autonomous decisions about pregnancy and childbirth is a fundamental aspect of human rights and gender equality.Governments across the world approach abortion with differing legal frameworks—some nations permit abortion on demand, while others impose severe restrictions or even criminalize the procedure entirely. While India and USA recognize the necessity of abortion under specific circumstances, their policy approaches and accessibility differ significantly. In the United States, abortion laws have undergone major transformations, particularly after the overturning of Roe v. Wade in 2022, leading to state-specific variations in abortion access. In contrast, India’s Medical Termination of Pregnancy (MTP) Act governs abortion, allowing it under specific medical and social conditions but not as an absolute right.The primary objective of this research paper is to compare abortion rates in the USA and India. Government policies in the US and India adopt different strategies to regulate abortion rates and promote women's development. This research paper highlights the serious ness of abortion and the major reasons behind it in these regions. Abortion remains a highly sensitive and multifaceted issue, requiring legal clar ity, healthcare reforms, and social acceptance. Both India and the USA face distinct yet interrelated challenges in addressing abortion laws and accessibility. While India’s abortion laws are progressive in certain aspects, societal attitudes and lack of medical
Technological Update to the Criminal Codes – Essential Use of Audio-Visual Technology
India witnessed a watershed moment and created history when on July 01,2024 it introduced new criminal codes with an objective and intention to reform and upgrade its criminal justice system. The Indian Ministry of Home Affairs declared the implementation of the three new criminal statutes, namely Bhartiya Nagrik Suraksha Sanhita, 2023, Bharatiya Nyaya Sanhita, 2023, and Bhartiya Sakshya Adhiniyam, 2023, enforced on July 1, 2024. The British era Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, respectively were thus repealed by the new codes.. The prime objective of the new codes is to modernise and substitute the outdated colonial laws by prioritising the implementation of justice with a victim-centred approach. They also aim to enhance national security and introduce reviews of digital/electronic evidence as key aspects of these laws. The bill introduced in parliament included a statement of objects and reasons that criticised the CrPC for several issues, including delays in delivering justice, complex procedures, a large backlog of cases, low conviction rates, and inadequate use of technology and forensic methods. The BNSS strives to alleviate such problems. This article examines a specific goal of the BNSS, which aims to enhance and speed up the justice delivery system through the compulsory integration of electronic communication and audio-visual technologies in different legal procedures. The article is divided into three parts. Prior to conclusion the Part 1 introduces the concept note of the Article and lays the foundation of the article. Thereafter, Part 2 draws a comparative insight between provisions of the CrPC and the BNSS on the use of audio-video technology. Part 3 provides an in depth analysis of the newly added provisions related to the use of audio-video technology. This research aims to provide clarity on the newly added provisions and becomes relevant for the policy makers, the investigating agencies, lawyers and other stakeholders.
Bharatiya Nagrik Suraksha Sanhita 2023 and Criminal Procedure Code
Evolution of Privacy Rights and It’s Analysis Through Hohfeld’s Theory of Rights and Duties
Privacy is essential to a person’s identity. Experts in human behavior concur that people have an innate need for personal space and control over their private lives. This includes the right to manage personal information and live without undue interference. Protecting privacy is crucial as it fosters self-respect, independence, and the ability to make one’s own choices. Right to privacy evolved in broadly 6 stages, from right against the government to individuals right against society i.e individualistic approach towards privacy. In the beginning, India’s view of privacy was centered on a person’s liberty—their freedom from governmental interference. This is seen in seminal decisions where the court stressed the restrictions on government searches, such as M.P. Sharma v. Satish Chandra (1954). This early phase represents the freedom of a right-holder to operate without hindrance, and the state’s obligation to uphold individual autonomy in line with that freedom. The development of the internet and large-scale data collection methods drastically changed the privacy environment. People started to worry more and more about who could access and utilize their personal data and this change reflects in 2017’s Supreme Court judgement in Justice K.S. Puttaswamy (Retd.) & Anr. vs. Union of India & Ors ruled that the right to privacy is a fundamental right. It is inextricably linked to the right to life and to personal freedom guaranteed by Article 21 of the Indian Constitution. Dignity has inherent characteristics related to sexual orientation, family, marriage, and childbearing. They combine to create the privacy of a home. This ruling represents a step in the right direction: people now have more control over their data, and others (including businesses) are required to get permission and make sure the data is protected. Four basic legal connections are outlined by Hohfeld’s theory: power, privilege, liberty, and right. This research article uses this paradigm to apply to privacy rights in order to investigate how these rights have changed in terms of what people can do (liberty), what other people cannot do (right), what people can choose not to do (privilege), and what people can be prohibited from doing (power). We can better grasp how the legal foundation for privacy rights has changed and is still developing
Consumer Protection in India with respect to E-consumers: A step towards Viksit Bharat
The swift expansion of shopping activity within India has resulted in a notable rise of digital transactions online and puts a spotlight on the importance of ensuring consumer welfare within the virtual marketplace setting there. This piece delves into the progression of safeguard measures for consumers within India particularly concerning those engaging as e buyers. Enacted recently are regulations such as the Consumer Protection Act of 2019 and the E commerce Rules from 2020 that aim to fortify consumer rights by putting forth safeguards including setting up the Central Consumer Protection Authority and outlining provisions, for product liability. Nevertheless obstacles like unpredictability among negotiating parties, privacy risks, unjust trading methods and undisclosed expenses continue to exist. The piece sheds light on the structure overseeing online business activities within India encompassing statutes such as the Consumer Protection Act and E commerce Regulations along with other pertinent legal provisions. Furthermore it explores the significance of complaint resolution processes and advocates for creative technological remedies that can reconcile the disparity, between technological advancements and legal structures. The article states that although the existing legal structure has tackled issues concerning online consumers to some extent; a stronger and more effective system is required to shield consumers from scams and unjust business practices, within the online shopping realm.
FREE TRADE vs. FAIR TRADE: ASSESSING THE EQUITABILITY OF INTERNATIONAL TRADE PRACTICES
In recent years, international trade has seen a growing debate around the contrast between free trade and fair trade, with researchers exploring how each approach impacts the global economy and society. This research paper examines the key principles and historical context of both free trade and fair trade, highlighting their respective advantages and challenges in the real world.The paper begins by discussing free trade, emphasizing its foundational concepts such as market forces and comparative advantage. While free trade is often associated with efficiency and global growth, it has also faced criticism for exacerbating social and economic inequalities. By presenting cases of both prosperity and problems resulting from free trade agreements, the research sheds light on the complexities of this approach.On the other hand, the paper delves into fair trade, which prioritizes fair wages, good working conditions, and environmental sustainability. Researchers assess the successes and limitations of fair-trade initiatives and question whether they can be scaled up to impact the broader economy. The paper also explores the role of trade laws, transparency, and binding rules in promoting fair competition and addressing concerns related to globalization and open borders.By presenting a comparative analysis of free trade and fair-trade practices, the paper introduces the concept of "balanced trade," which seeks to combine the efficiency of free trade with the ethical considerations of fair trade. This balanced approach aims to achieve a more equitable global trade system that aligns economic prosperity with ethical and environmental responsibility.Through this examination, the research paper contributes to the ongoing discourse on the future of international trade practices and policy, advocating for a balanced approach that addresses the diverse challenges and opportunities in global commerce.
Copyright (c) 2024 Maharaja Surajmal Institute Law Journal
A Critical Analysis of Types and Techniques of Cybercrime against Women: Laws and Judicial Expositions from Indian Perspective
The current century is the era of science and technology. Over the past few years, there have been numerous mechanical advancements. The development of information technology gave rise to the cyberspace, where internet connectivity allows users to access information and store data, among other things. The common man now has access to the internet, which is improving their quality of life. The most recent trend in information and communication technologies is similar to the fact that no coin has only one side. Cybercrimes were created when some individuals with criminal mindsets began using the internet for their illicit activities. Cybercrime and the exploitation of women are both continuously rising due to new technology. This article focusses on the new challenges surrounding cybercrimes against women in India and the factors contributing to their rise. In this article, suggestions have been provided by the authors which are helpful in combating cybercrimes.
THE COMPLICATIONS AND DRAWBACKS OF MEDICAL EVIDENCE IN CASES OF SEXUAL ASSAULT
With the steady rise in rape cases in India but only a 27.2% conviction rate, there arises a need to look at shreds of evidence that may strengthen the case for prosecution. One such is the medical report of the rape victim. Section 164A of the CRPC provides for a medical examination of the rape victim within 24 hours. The findings from the medical examination are used as corroborative evidence in the court of law u/s 45 of the Evidence Act. However, the investigative authorities often fail to present medical reports and are seldom punished. When such a report is not available, it is uncertain how and when can, its absence hinders the outcome of the case. Even though there are numerous medical jurisprudence textbooks, they remain out-dated and are based on a false sense of antiquated notions like women’s chastity and ability to resist as well as the irrelevant need for two-finger tests which have been debunked by newer research and advancement in the field of toxicology. However, despite such advancements, these textbooks are cited constantly by courts all across the nation leading to a higher rate of acquittal. Moreover, a report implying no injuries does not directly imply that the accused is innocent or vice versa. Furthermore, what happens when there is medical evidence, but the victim turns hostile owing to societal or financial pressure? The law remains ambiguous, and the precedents are constantly contradicting, which leads to the victim of a sexual assault paying the price as the offender goes unpunished owing to the irregularity on the subject. Therefore, this article aims to follow the complications and drawbacks of medical evidence in cases of sexual assault.