Peace, Justice, and Strong Institutions

Category: Peace, Justice, and Strong Institutions

Custodial Violence: A deep rooted issue

This research article entitled “Custodial Violence: A Deep-Rooted Issue” examines the widespread phenomenon of custodial violence, defined as physical, psychological, and sexual abuse by police and prison authorities. The paper reviews legal provisions related to custodial violence, identifies structural factors that fuel its prevalence, and reviews paradigmatic case studies that document judicial reactions. The report highlights the imperative necessity of holistic reforms, such as increased training for police, independent oversight, and open accountability mechanisms. Finally, it promotes a tripartite strategy between government, judiciary, and civil society to eliminate custodial violence and restore public confidence in the justice system.

March 10, 2025 No Comments

Peace, Justice, and Strong Institutions

lobal Supply Chain Disruption due to turmoil in the Middle East

Approximately 12% of total global trade passes through the Suez

Canal.Roughly 30% of the world’s seaborne oil trade passes through the Strait

of Hormuz.It is a crucial waterway connecting the Red Sea and the

Mediterranean Sea, offering a shorter shipping route between Asia and

Europe.Due to the recent conflict between Israel and Hamas, this region has

created uncertainty in the global supply chain.This region is a major supplier

of oil and petroleum products; any disruption here can impact all sectors in all

countries.Therefore, keeping in mind the importance of this region, this report

specifically focuses on the disruptions created by the Israel-Israel conflict

and their impact.

March 6, 2025 No Comments

Industry, Innovation, and Infrastructure

Intellectual property rights in the Digital age

Intellectual property rights in the Digital age Srijan Vishwakarma, Rishita Golait, Aryan Bhardwaj, Prashant Pippal Abstract This study investigates the evolution and challenges of intellectual property rights (IPR) in the digital era. It explores how digital technologies have reshaped the landscape of intellectual property protection, focusing on copyright, patents, trademarks, and trade secrets. The paper examines the impact of emerging technologies such as artificial intelligence, blockchain, and digital rights management systems on IPR enforcement. It also addresses the global issues of IP protection in an interconnected digital world and proposes viable solutions for effective IP management. These solutions, if implemented, have the potential to significantly improve the management and protection of intellectual property rights in the digital age. Keywords: Intellectual Property Rights, Digital Age, Copyright Protection, Patent Law, Trademark Infringement, Artificial Intelligence, Open Source Software Introduction Intellectual property rights have undergone significant evolution since the first documented patent in Florence, Italy, in 1421. However, the digital revolution, a monumental milestone in this evolution, has fundamentally altered how intellectual property is generated, safeguarded, and enforced. The transition from manual to digital patent filing systems has streamlined verification procedures while introducing new challenges. Modern IPR frameworks now encompass emerging technologies like artificial intelligence, blockchain, biotechnology, genetic engineering, and nanotechnology. The digital era has brought forth new challenges in content reproduction, distribution, and protection, necessitating stronger enforcement measures. The ease of data transfer and storage has led to a surge in piracy, trade secret theft, and geographical indicator misrepresentation. Recent cases, such as Anil Kapoor’s complaint against Simply Life India (CS(COMM) 652/2023), underscore the pressing need to address the new issues of preserving individual rights in an AI-powered future. The evolving landscape of intellectual property rights. The first ever recorded patent is from Florence, Italy, in 1421, which granted exclusive rights for 3 years exclusive right for his invention of a ship transportation machine to Filippo Brunelleschi; this tells us that IPR had existed for a very long time and had changing and evolving with the time. The primary change that occurred over this time is that, before, the patent had to be done manually in paperwork and submitted personally, making it a time-consuming process. Also, it was hard to verify the originality of the invention because it was challenging to match the patent with the existing one. However, in modern times, when patents are recorded digitally, it is easy to verify the originality of patents in records. Only products, machines, inventions and improvement methods were considered for patents before, but now AI, blockchain, biotechnology, genetic engineering & nanotechnology are also eligible for patents. The evolving landscape of IPR has improved and made it harder to plagiarize content, making it safer for copyright holders. Trademarks are now globally recognized and cannot be misused by local businessmen to misrepresent their products. However, the current IPR provides for stricter penalties for stealing trade secrets, as it is now more likely that a trade secret could be stolen with the use of technology. The impact of digital technology on IP In the current age of the world where technology has advanced so much, it has been happening often now that infringing on IPR has become an issue for copyright holders. In this digital world, it is easy to transfer and store data from one place to another, causing widespread piracy, stealing trade secrets & misrepresentation of geographical indicators. Scams like these are happening all around the world. Also, with the introduction of AI, which uses collected data from publically available data and user-generated data, Personality rights are under threat; for instance, in the case of Anil Kapoor’s lawsuit against Simply Life India (CS(COMM) 652/2023). In this case, Anil Kapoor’s face was morphed into another person by using AI deepfake for advertisement purposes, violating his Personality rights and IPR (Intellectual Property Right). Challenges of Copyright Protection in the Digital Age: A Detailed Analysis The digital era has dramatically challenged copyright protection, changing how creative works are reproduced, disseminated, and consumed. This section rephrases and reframes the most critical subjects and cites and references for each argument, highlighting the digital era’s impact on copyright protection.1. Product reproduction and distribution have become effortless in the digital age, revolutionizing the speed of copying and distributing intellectual property. Digital books, music, and movies can now be replicated and shared globally in a matter of seconds. This rapid distribution has significantly complicated the control of copyrighted content, underscoring the urgent need to address this issue.2. Mis-Measurement of utilization: Online publication of works has led to their unrestricted download, sharing, and redistribution availability. This extensive distribution makes it challenging to monitor and regulate the use of content, thereby complicating copyright enforcement.3. Complex Ownership Issues: The digital revolution has clouded and complicated intellectual information ownership. With the ease of copying and dissemination, identifying a work’s creator or legal owner is harder. This dilemma gets significantly more complicated when many parties claim ownership, highlighting digital ownership issues4. The expensive expense of law enforcement: Copyright enforcement in the digital age is costly and time-consuming. Due to the abundance of internet material, infringement is hard to spot. Additionally, prosecuting lawbreakers demands financial and administrative resources.5. International distribution: Digital material may be sent worldwide. However, due to national copyright laws, worldwide infringement is difficult to manage, and the international reach hampers enforcement. Impact Of Open Source Software On Intellectual Property This case study examines creating an IP portfolio to commercialize with a technology. Trade secrets, patents, and copyrights are key IP rights. OSS affects each of these rights, especially licensing constraints and IP protection.1. Trading Secrets: However, a changed ingredient selection code based on OSS with a restrictive license may need to be disclosed openly. This could potentially reveal the recipe’s trade secret, eroding its protection and posing a significant risk2. Patents: If the mixer control code uses OSS modules with restrictive licensing, control algorithm patent rights may be significantly limited. A restricted OSS license may mandate that software modifications—and perhaps the copyrighted invention—be made freely accessible.

February 28, 2025 No Comments

Peace, Justice, and Strong Institutions

RTI: Unveiling governance Strengthening Democracy

RTI: Unveiling Governance and Strengthening Democracy Abstract Explore the critical role of the Right to Information (RTI) Act as a pillar of democracy, enhancing transparency and accountability in governance worldwide. This paper examines historical and contemporary frameworks across various countries, highlighting how RTI fosters citizen empowerment and reinforces democratic principles. Learn about its impact on civil society and media, alongside key challenges and case studies that underscore the need for effective information access in promoting just and inclusive governance. Introduction In contemporary governance, RTI (Right to Information) and democracy are foundational elements that promote transparency, accountability, and citizen empowerment. A thriving democracy relies on active citizen participation, ensuring that diverse voices contribute to decision-making processes. The RTI, as a fundamental right, grants individual success to information held by public authorities, cultivating a culture of openness and trust. This dynamic interplay not only facilitates equitable power distribution but also ensures that governance is reflective of and responsive to community needs. The evolution of RTI legislation globally underscores a commitment to these democratic principles, beginning with Sweden’s groundbreaking Freedom of Information Act in 1766 and extending to contemporary frameworks in numerous nations. This paper will explore various RTI frameworks, assess their impact on democratic governance, and address the challenges and future directions for this essential right. By highlighting the significance of RTI, we can better understand its critical role in strengthening democracy, enhancing media accountability, and combating corruption in our increasingly complex societies. Through these lenses, the importance of public interest and the role of civil society in promoting transparency will be examined. Global Perspectives on the Right to Information The development of RTI legislation has been instrumental in promoting transparency across different countries: The evolution of Right to Information (RTI) legislation has played a pivotal role in unveiling governance and reinforcing democracy across the globe. Sweden’s Freedom of Information Act, established in 1766, set a foundational standard for public access to government documents. France’s Constitution, through Article 14 , emphasizes citizens’ rights to vital information, promoting accountability. The UK’s 2005 Freedom of Information Act built upon historical frameworks, supported by significant court cases that affirmed the necessity of information access. In the United States, the Administrative Procedure Act of 1946, along with key Supreme Court decisions, highlights the importance of transparency (United Kingdom. (2005). Additionally, the UN’s 1946 resolution recognizes RTI as a fundamental human right integral to democratic principles (United Nations General Assembly). The Right to Information in India In India, the journey toward RTI has been pivotal in enhancing democratic governance. Key milestones include: The journey toward the Right to Information (RTI) in India has been essential for enhancing democratic governance. Significant milestones include the Supreme Court ruling in UP v. Raj Narain (1975), which affirmed that transparency is vital for democracy. This landmark decision established that the right to information is implicit in the right to free speech, thereby bolstering citizens’ rights. In 1990, the Shourie Committee was formed to shape RTI legislation, emphasizing information as a public good. Its recommendations laid the groundwork for the RTI Act, which was enacted in 2005. The RTI Act embodies principles of transparency and accountability, empowering citizens to question and oversee governance, significantly improving citizen engagement and reducing corruption. Additionally, civil society initiatives, particularly by organizations like the Mazdoor Kisan Shakti Sangathan (MKSS) have played a crucial role in advocating for RTI. Their grassroots efforts mobilized communities and raised awareness about the importance of information access, ensuring the effective implementation of the RTI Act and empowering citizens to exercise their rights. Impact of the Right to Information The implementation of RTI has far-reaching effects on Democratic governance: Empowerment of Citizens: The Right to Information (RTI) empowers citizens by granting access to vital information, enabling them to challenge injustices and hold officials accountable (Lopez, 2022). This empowerment is essential for a vibrant democracy where informed citizens actively participate. Lamont v. Postmaster General, 381 U.S. 301 (1965). Stanley v. Georgia, 394 U.S. 557 (1969). RTI also promotes transparency, acting as a deterrent to corruption. When public officials know their actions are subject to scrutiny, they are more likely to uphold ethical standards (Smith & Green, 2021). Furthermore, RTI fosters civic engagement, allowing informed citizens to influence policymaking, ensuring that government actions reflect public interests (Jones, 2023). However, challenges remain, such as bureaucratic resistance and lack of awareness among citizens regarding their rights. Political interference can also hinder effective implementation. Addressing these issues through awareness campaigns and robust legal frameworks is vital for maximizing the potential of RTI, thereby strengthening democracy and promoting accountability. Literature Review The Right to Information (RTI) is pivotal in enhancing democratic governance through transparency and accountability. Priya Sharma (2019) emphasizes that RTI empowers citizens, enabling them to hold public officials accountable and participate actively in governance. This sentiment is supported by Meera Patel (2021), who argues that access to information strengthens democratic values. However, challenges persist. Sunil Gupta (2020) highlights bureaucratic resistance as a significant barrier to effective RTI implementation, while Rina Desai (2022) warns of political interference undermining transparency efforts. Despite these obstacles, Lakshmi Rao (2023) presents a more optimistic view, illustrating how RTI has led to tangible improvements in governance, particularly in India, through landmark cases that combat corruption. The role of civil society is crucial in advocating for RTI. Anil Kumar (2021) notes that organizations like the Mazdoor Kisan Shakti Sangathan (MKSS) mobilize communities, raising awareness about information access. This grassroots activism demonstrates the vital link between RTI and civic engagement. The literature presents a balanced view of RTI, showcasing its potential to transform governance while acknowledging the challenges that must be addressed for its effective implementation. Future Directions To address these challenges, future efforts must focus on: Enhancing Awareness: Public education campaigns are essential to inform citizens about their rights under RTI, empowering them to seek information Strengthening Legal Frameworks: Continuous refinement of legal provisions can help address loopholes and ensure more robust protection of Encouraging Civic Participation: Building networks among civil society organizations

February 19, 2025 No Comments

Peace, Justice, and Strong Institutions

Witness Protection Scheme

Witness Protection Scheme – Supreme Court’s initiative to bring justice -Aryan Thakur, Adv.Deevaina, Vaishali Jaiswal Justice is similar to coal, and witnesses serve as one of those artisans who contribute their own insights and observations to aid the victim carve out the diamond, but jeopardy is put to their life. Why was the need felt to protect the witnesses? “Witness” as addressed by the Apex court of the land is the individual who has first-hand knowledge of the incident occurred who communicates that knowledge to the court of law either in oral or written format based on his direct observation to the act committed. But this costed life of many intimidations of witness, killings, threats, leading to hostile witness and compromised trials. Due to which justice was not served in the manner it should have been which brought failed prosecution, wrongful acquittals and loss of public trust in the legal system. Witness have lost their right to life and liberty in cases involving high profile criminals, having connection with the political leaders or criminal syndicates which uses the witness’s weakness and turn them hostile either by fear or money. Viewing the compromising state of being a main witness Supreme Court brought in The Witness Protection scheme 2018, which is an initiative to save the witness and bring faith in the judiciary. Overview of The Witness Protection scheme Aim: Prevent witness from turning hostile due to any kind of fear. Categories of witness which are recognized based on threat levels i;e A) life threatening danger B) Reputation, Safety or property at stake C) Threat during investigation or trails having no immediate danger. The key highlights of the scheme are Identity Protection. Police security, Escort services and home surveillance. Relocation or change of identity. Video conferencing for testimony. State witness protection Fund. Implementation and challenges By submitting a protection request, assessing the threat, and assigning security measures including in-camera trials, police cover, identity change, and relocation, the Witness Protection Scheme is put into action. Authorities ensure proper execution through funding, supervision, and regular evaluations. Effective deployment requires resource allocation, quick processing, and strict enforcement for witness protection[2]. By ensuring their safety and encouraging truthful testimony, the 2018 Witness Protection Scheme aims to shield witnesses who are in danger. Its execution includes protection requests, threat assessments, and security measures such as in-camera trials, police cover, identity change, and relocation. However, discrepancies are caused by a number of factors, including bureaucratic delays, geographic imbalances, political interference, and inadequate funding. Uneven implementation reduces its effectiveness, and many witnesses are still unaware of their rights. Ensuring consistent and efficient execution requires bolstering legal support, expanding financing, and simplifying processes. Justice, fair trials, and the rule of law depend on a strong protection system. Implementing the 2018 Witness Protection Scheme is hampered by a number of issues. While bureaucratic delays slow down urgent protection needs, a lack of funding and resources hinders effective implementation[3]. Rural witnesses are more vulnerable due to regional injustices and poor infrastructure. Its effectiveness is diminished by inconsistent application, and many witnesses are still unaware of their rights. Increasing funding, streamlining procedures, and fortifying legal support are all necessary to guarantee reliable and effective execution. A robust protection system is necessary to uphold justice, fair trials, and the rule of law[4]. Though Indian Judiciary safeguards the witnesses with the help of the scheme still it remains voluntary on the part of authorities and discretion of the court as it lacks legal backing as parliament has not converted it into law. The 2023 bill presented to Rajya Sabha stays in back books waiting for a legislative action to it. A Comparative Analysis of Witness Protection: India versus International Practices Overview of Key Differences Legal Foundation Indian witness protection frameworks exist mainly through the Witness Protection Scheme of 2018, which the country introduced within the last decade. International jurisdictions established robust legal frameworks representing decades of development throughout their jurisdictions. The United States runs its witness protection program under the Organized Crime Control Act, and Australia uses the Witness Protection Act 1994. The different bases for legal authority shape how protection measures operate and affect their levels of enforceability and effectiveness. Implementation Structure and Control The U.S. WITSEC program, along with international protection programs, exercises its control through dedicated federal agencies to ensure consistency and maintain accountability operations. India’s response mechanism works through separate agencies across each state, which results in diverging implementation quality across states. The decentralized structure of protection measures causes extensive challenges for the country to maintain consistent security standards. The absence of a single governing body creates difficulties between different state agencies, which results in unreliable implementation of security protocols. Protection Measures and Services Protection services provided in India possess different levels of scope when compared to both national and international security protocols. The protection approach in India centres on physical security instead of employing strategies such as voice modulation and anonymity orders and extensive witness screening that Great Britain utilizes. International safety programs provide comprehensive protection services, which include identity alteration programs and financial support together with relocation help and psychological care. The scheme extends its support base through long-term mechanisms that help with job placements and continuous security examinations, although this type of comprehensive assistance does not exist in India at present. Resource Management and Allocation The difference stems from how countries handle the management and distribution of resources. International jurisdictions create separate budgets to support witness protection initiatives as well as specialized staff and specialized infrastructure facilities. The current resource challenges and distribution problems within India’s framework make the overall protection program less effective and accessible to potential participants. A mismatch in resource distribution impacts both protection

February 16, 2025 No Comments

Peace, Justice, and Strong Institutions

Public Awareness of the National Green Tribunal’s Role in Environmental Conservation

This article evaluates the role of the National Green Tribunal (NGT) in promoting environmental justice in India while underlining the urgent need for increased public awareness and community involvement. It outlines the functions and jurisdiction of the NGT, some of the most important legal frameworks, and strategies for increasing public knowledge and involvement in environmental conservation. This article calls for an aware citizenry that can actively participate in the conservation of the environment towards sustainable development through grassroots movements and effective partnerships.

November 16, 2024 No Comments

From Silence to Screen: Empowering Middle Eastern Voices through Film

By Vedica Karnik Cinema has played a significant role in giving a voice to Middle Eastern people by providing a platform for filmmakers to express their cultural identity and share their stories with the world. Arab cinema was born at the beginning of the twentieth century and initially consolidated as popular entertainment art and a tool with which to assert Arabs’ group identity in the face of colonial powers. It has emerged as a tool for challenging the prevalent stereotypes and misconceptions about the region and its people, by presenting intricate narratives that go beyond the simplistic misrepresentations often perpetuated in mainstream media (Doane, 1980). Going to see an Egyptian film spoken in Arabic constituted for the populations of the Arab lands as an act of faith and an immersion in their culture and language (Attia, 2016). Over the past decade, film has enjoyed a revival in the Middle East amid a cultural revolution, despite societal challenges (Ajaka, 2016). In an era of globalization where information is widely accessible, Middle Eastern cinema has allowed people from the region to share their stories, their struggles, and achievements, thereby humanizing the portrayal of Middle Easterners and breaking away from stagnant, distorted images. It captures the multiplicity of the Middle Eastern experience, emphasizing the diversity and dynamism of the region instead of reducing it to monolithic caricatures of conflict and terrorism. The impact is two-fold: it empowers Middle Eastern individuals to assert their identities, while exposing global audiences to alternative narratives that replace homogenized stereotypes with a deeper understanding of the region’s cultural, political and social contexts. The lens of Middle Eastern cinema not only encapsulates the vibrant cultures and traditions unique to the region, but also includes the resilience and strength of its people in the face of adversity. Through the distinctive storytelling of these films, the global audience can gain a nuanced understanding of the rich tapestry of life in the Middle East, and the people who are seldom given a chance to tell their own stories in the global dialogues. Thus, cinema plays a critical and transformative role in amplifying Middle Eastern voices and constructing narratives from the region (Woods, 2019). The power of cinema as a means to communicate has been effectively utilized to provide a voice for Middle Eastern people, often marginalized in narratives associated with global cultural discourses. Notionally, cinema has the capacity to bring to light the rich culture, profound history, and complex lives of these people. Films like “Zero Dark Thirty” (2012), which chronicled the decade-long hunt for al-Qaeda terrorist leader Osama bin Laden, offers a distinctive perspective on Middle Eastern geopolitics and the subsequent ripple effects on its people (Diaconu, 2016). Similarly, the Turkish film “Mustang” (2015), which narrates the story of five teenage girls navigating the obstacles of tradition and modernity, counters the stereotype of Middle Eastern women, showcasing their dreams, resilience, and fortitude in the face of societal pressures (Dönmez, 2016). However, it’s pivotal to acknowledge the disparity in representation, with a majority of Middle Eastern characters appearing in crime or geopolitical dramas, often as terrorists or villains, reinforcing harmful stereotypes (MCLAUGHLIN, 2015). This has prompted Middle Eastern writers in the US film and TV industry to call for greater representation, demanding characters that reflect the diverse experiences and identities within the Middle Eastern community. While negative stereotypes persist, organizations like Alwan for the Arts, a New York-based organization, working towards promoting Middle Eastern cultures through events and movie screenings, signify a shift towards more authentic portrayals. Therefore, cinema’s role in giving a voice to Middle Eastern people is multi-faceted, serving both to challenge prejudices and to illuminate the complex realities of Middle Eastern lives (ramadan, 2004). More than often, media has depicted a distorted image of the Middle East, associating the region with terrorism, violence, and cultural oppression, primarily after the 9/11 attacks. Such representation has had severe consequences, including discrimination, racial profiling, and an overall degradation of the Middle Eastern identity. However, cinema has taken up the task of challenging these stereotypes and misconceptions, presenting a more profound insight into the lived experiences of people from this region. Films like “Suleima” have started focusing on the grassroot narratives rather than concentrating on the international political landscape. These films offer a comprehensive understanding of the complexities of the region, its culture, traditions, and the vibrant diversity of Middle Eastern people. “Wadjda” stands as a groundbreaking cinematic achievement, being the first full-length film to emerge from Saudi Arabia’s creative landscape. Behind its creation is the visionary Haifa Almansour, an accomplished Saudi female writer and director. The film revolves around a determined young Saudi girl, resolute in her quest to defy certain societal norms. Central to the tale is her aspiration to buy a bicycle, a simple desire hampered by customary limitations. As the plot unfolds, her journey unfolds — an odyssey entailing her involvement in a Qur’anic recitation contest to win the cash prize. This cinematic masterpiece casts a revealing illumination upon the challenges faced by Saudi women as they navigate the intricate web of societal restrictions. Organizations such as the MENA Arts Advocacy Coalition are working towards increasing the visibility of Middle Eastern performers, thus providing them with a global platform to challenge narratives and dispel stereotypes (KHATAMI, 2018). Hence, cinema is no longer just a source of entertainment; it is a powerful tool of social commentary and a reflection of the cultural memory of a region, and for the Middle East, it is a platform to voice their experiences, struggles, and triumphs. Consequently, the role of cinema in giving a voice to Middle Eastern people is becoming increasingly significant and impactful. Cinema also holds an influential role in how societies perceive themselves and how they are perceived by others. In the case of Middle Eastern representation, cinema has been examined as a key player in providing a platform for the voices of Middle Eastern people, but its effectiveness and limitations are critical to scrutinize. Films like Yousry Nasrallah’s Cannes-nominated “After the Battle” (2012) have highlighted the complex

July 13, 2024 No Comments

Category: Peace, Justice, and Strong Institutions

Custodial Violence: A deep rooted issue

lobal Supply Chain Disruption due to turmoil in the Middle East

Intellectual property rights in the Digital age

RTI: Unveiling governance Strengthening Democracy

Witness Protection Scheme

Public Awareness of the National Green Tribunal’s Role in Environmental Conservation

From Silence to Screen: Empowering Middle Eastern Voices through Film

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