Friday, August 7

Explainer Series

India’s privacy regime combines the Supreme Court’s 2017 Puttaswamy ruling—making privacy a fundamental right with a legality-necessity-proportionality test—and the Digital Personal Data Protection Act, 2023 with draft Rules (2025). The law gives individuals rights (access, correction, erasure, consent withdrawal), requires fiduciaries to follow privacy-by-design, mandates breach notification, and allows penalties up to ₹50 crore. Draft Rules add DPIAs, DPOs, parental-consent rules and retention limits. Concerns remain about state exemptions and surveillance (Pegasus, Aadhaar), so continued oversight and stronger safeguards are urged.

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India’s gig economy has grown rapidly, employing millions in app-based and freelance work. The Code on Social Security, 2020 is the first law to recognize gig workers and extend social security through schemes covering insurance, health, and pensions. States like Rajasthan have added welfare measures, and workers can register on the e-Shram portal. However, low registration, unclear definitions, weak funding, fragmented governance, and lack of employment rights remain major challenges. Courts are addressing safety and classification issues, while the ILO promotes global best practices. Stronger laws, platform contributions, and clear protections are needed for lasting impact.

AI systems are reshaping society but challenge traditional criminal law, which relies on human intent and action. Globally, the EU uses risk-based rules; the U.S. applies existing laws with sentencing enhancements; the UK and Singapore adapt negligence and governance frameworks. Liability models range from holding humans responsible to strict liability for high-risk AI. India currently applies old criminal and IT laws, with courts emphasizing rights and oversight. Scholars propose negligence rules, strict liability, and mandatory insurance for AI harms. Policymakers are considering risk-based laws, sandboxes, standards, and human oversight to build a clear, future-ready AI liability framework.

In Practical Solutions Inc. v. State of Telangana, the Supreme Court held that when a High Court refuses to quash an FIR, it cannot indirectly protect the accused from arrest by directing the police to follow procedures like notice under Section 35(3) BNSS (earlier Section 41A CrPC) without proper reasons. The Court said such relief can be granted only after considering the merits and hearing the complainant. Relying on Neeharika Infrastructure (P) Ltd. v. State of Maharashtra, it set aside the High Court’s order and sent the case back for fresh consideration.