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Article
Publication date: 11 February 2019

Sheshadri Chatterjee

The purpose of this study is to identify how the privacy policy can be framed for protection of personal data and how the latest judgement of full bench of Supreme Court of India

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Abstract

Purpose

The purpose of this study is to identify how the privacy policy can be framed for protection of personal data and how the latest judgement of full bench of Supreme Court of India has dealt with right to privacy in India.

Design/methodology/approach

The study uses the latest Supreme Court judgement on right to privacy and historical cases on right to privacy in India. This paper uses Indian Constitution as a source of Information for study along with case laws and judgements of different courts in India.

Findings

This paper tries to find if personal data privacy is a fundamental right in India. In addition, the paper provides recommendations to different concerned authorities on protecting personal information in online platform.

Research limitations/implications

This study deals with privacy issues so far as Indian citizens are concerns and does not focus on other countries. Moreover, the study tries to understand the issue of fundamental rights from Indian Constitution perspective. In addition, the recommendations provided to the policymakers and other authorities of India have wide implications for formulation of new policy and management of personal data, so that it should not go to wrong hands and the personal data and privacy is protected of the citizens.

Practical implications

Millions of people put their personal information in online platform. In addition, there are few government initiatives in India such as Aadhaar card where the biometric information is taken from the residents of India, and in many cases, the personal data are compromised under various circumstances. As the personal data of the citizens are in question, thus the study has direct practical implication mainly for all the citizens whose personal data are available in online platform.

Social implications

This study has social implication as it dealt with the “personal data” of the citizens of India. As the paper discusses the issue of protection of personal data in the context of right to privacy, thus this study has a direct social impact so far as online citizen of India is concerned.

Originality/value

This paper is timely, original and discusses the contemporary issue of online data privacy and fundamental right in India. This paper is a useful resource for the researchers, policymakers and online users who deal with personal data-, right to privacy and data privacy policy-related areas.

Details

International Journal of Law and Management, vol. 61 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 14 November 2016

A.Z.M. Arman Habib

This paper aims to examine the legal position and utility of preamble and also to determine what role has been played by Preambles in new trends in Bangladesh and Indian…

Abstract

Purpose

This paper aims to examine the legal position and utility of preamble and also to determine what role has been played by Preambles in new trends in Bangladesh and Indian Constitutional Law.

Design/methodology/approach

The research methodology undertaken in this project is analytical method of research and comparative research.

Findings

In this paper, the first legal and academic dispute and a matter of arguments and discussions that whether preamble should be treated as a part of constitution is discussed. Also, this paper tries to examine the matter of interpretational value of preamble, i.e. role of preamble in interpretation of constitution vis-à-vis of statutes. Finally, this paper examines in particular the details of preambles of two countries that have played a prominent part in the development of Constitutionalism in India and Bangladesh.

Originality/value

This research work is based on both primary and secondary data. The main sources of this study include like textbooks, journal articles, some important daily newspapers, online documents and some publications. The study has also relied on decided cases of Apex Court of Bangladesh and the Subcontinent.

Details

International Journal of Law and Management, vol. 58 no. 6
Type: Research Article
ISSN: 1754-243X

Keywords

Book part
Publication date: 12 December 2012

Rajaram Tolpadi

This chapter makes an attempt to provide an outline of the contributions of the Indian democratic socialist tradition to the expansion and radicalization of the canvas of

Abstract

This chapter makes an attempt to provide an outline of the contributions of the Indian democratic socialist tradition to the expansion and radicalization of the canvas of democratic theory and practice in India. While doing so, it also briefly discusses and highlights the historical and cultural context of the emergence of democratic imagination in India.11The democratic socialist tradition in India owes its origin during the Nationalist Movement by way of the establishment of the Congress Socialist Party (CSP). The CSP was a left-wing group, within the Indian National Congress, established to intensify the nationalist movement by turning it unequivocally, anticolonial and anti-imperialist. It also intended to radicalise the agenda of the nationalist struggle by incorporating into it aspirations of a socio-economic transformation of Indian society. After independence, the CSP severed its relation with the Congress and ramified into a number of splintered groups and parties over a period. See, John Patrick Haithcox, Nationalism and Communalism in India (Princeton, NJ: Princeton University Press, 1968). In addition, the chapter also tries to grapple with certain central issues of democracy and civil society in contemporary India and shows how socialist input into Indian democracy could help in overcoming some of its predicaments. This analysis is done in three sections. The first section discusses the historical and cultural context of the emergence of democracy in India in terms of the nationalist movement and the framing of the Indian Constitution. The second section identifies the central issues that Indian democracy confronts today. Finally, the third section highlights the significance of the Indian democratic socialist discourse both in identifying the problems of Indian democracy as well as in providing amicable solutions to them.

Details

Cooperation for a Peaceful and Sustainable World Part 1
Type: Book
ISBN: 978-1-78190-335-3

Article
Publication date: 27 March 2023

Vijay P. Singh

This study aims to analyse the present situation of gender inequality in the workplace in India, examine the legal provisions that address gender inequality in India and evaluate…

Abstract

Purpose

This study aims to analyse the present situation of gender inequality in the workplace in India, examine the legal provisions that address gender inequality in India and evaluate and assess the recommendations made to eliminate gender imbalance at workplaces in India.

Design/methodology/approach

This study will adopt an exploratory research design to help identify and describe the most pressing problems and developments in the field. For this purpose, a secondary data collection approach is adopted. This study will acquire data through secondary means. This study will gather secondary data through the course of existing literature, judicial decisions and other authentic and published sources.

Findings

Legislative and judicial efforts alone are not enough to achieve gender equality. The mindset of people, in general, has to change through awareness. Unless a law is supported by public opinion, it cannot achieve its goal.

Research limitations/implications

This study is limited to gender inequality in the workplace only. In addition, the judicial perspective on gender disparity in India is examined in this paper. As a result, the findings cannot be applied to other situations.

Originality/value

This study deals with gender inequality in the workplace from legal and judicial perspectives and discusses that social change can be brought only by enacting laws but by public awareness.

Details

International Journal of Law and Management, vol. 65 no. 3
Type: Research Article
ISSN: 1754-243X

Keywords

Abstract

Details

Drones and the Law
Type: Book
ISBN: 978-1-80043-249-9

Article
Publication date: 1 July 1997

R.N. Ghosh and K.C. Roy

Argues that legal and constitutional rights in themselves do not change social attitudes. In the longer term these attitudes are conditioned by economic pressures, which would…

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Abstract

Argues that legal and constitutional rights in themselves do not change social attitudes. In the longer term these attitudes are conditioned by economic pressures, which would ultimately lead to improvement in the status of women. In the Indian context, developmental planning and urbanization did not have a specific focus on the role of women in economic change. As a result, development and urbanization led to very uneven results for different categories of women in India. While the poor women in rural India were left behind, the middle class educated women were able to improve their economic and social status as a result of urbanization and development. Again, Muslim women were unable to make as much social progress as did the Christian and Hindu women.

Details

International Journal of Social Economics, vol. 24 no. 7/8/9
Type: Research Article
ISSN: 0306-8293

Keywords

Case study
Publication date: 18 September 2012

Anurag K. Agarwal

The Constitution of India guarantees freedom of speech and expression to its citizens. This freedom is not absolute and the State can impose reasonable restrictions. Of late…

Abstract

The Constitution of India guarantees freedom of speech and expression to its citizens. This freedom is not absolute and the State can impose reasonable restrictions. Of late, certain incidents have shown this freedom to be under threat. The case highlights some of such events. It makes the readers think about the importance of this right, reasonableness of restrictions, and the measures needed to protect it.

Details

Indian Institute of Management Ahmedabad, vol. no.
Type: Case Study
ISSN: 2633-3260
Published by: Indian Institute of Management Ahmedabad

Keywords

Article
Publication date: 24 June 2020

Rana Haq, Alain Klarsfeld, Angela Kornau and Faith Wambura Ngunjiri

The purpose of this paper is to present the diversity and equality perspectives from the national context of India and introduce a special issue about equality, diversity and…

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Abstract

Purpose

The purpose of this paper is to present the diversity and equality perspectives from the national context of India and introduce a special issue about equality, diversity and inclusion (EDI) in India.

Design/methodology/approach

This special issue consists of six articles on current EDI issues in India. The first three of the contributions are focused on descriptions of diversity challenges and policies regarding caste and disabilities, while the remaining three papers address gender diversity.

Findings

In addition to providing an overview of this issue's articles, this paper highlights developments and current themes in India's country-specific equality and diversity scholarship. Drawing on the special issue's six papers, the authors show the relevance of Western theories while also pointing to the need for reformulation of others in the context of India.

Research limitations/implications

The authors conclude with a call to further explore diversity in India and to develop locally relevant, culture-sensitive theoretical frameworks. Religious and economic diversity should receive more attention in future diversity management scholarship in the Indian context.

Originality/value

How does India experience equality and diversity concepts? How are India's approaches similar or different from those experienced in other countries? How do theoretical frameworks originated in the West apply in India? Are new, locally grounded frameworks needed to better capture the developments at play? These questions are addressed by the contributions to this special issue.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 39 no. 6
Type: Research Article
ISSN: 2040-7149

Keywords

Article
Publication date: 1 June 1996

C.S. Venkata Ratnam and V. Chandra

Analyses the magnitude and complexity of the challenge of diversity in managing people in the Indian workplace. Considers the challenges for human resource management in the…

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Abstract

Analyses the magnitude and complexity of the challenge of diversity in managing people in the Indian workplace. Considers the challenges for human resource management in the 1990s, and highlights the major issues and opportunities in coping with these challenges. Aims to provide direction for future empirical studies.

Details

International Journal of Manpower, vol. 17 no. 4/5
Type: Research Article
ISSN: 0143-7720

Keywords

Article
Publication date: 18 December 2020

Md. Nurul Momen, Harsha S. and Debobrata Das

This paper aims to highlight the very recent cases of internet shutdown during the creation of Union territory of Jammu and Kashmir and enactment of Citizenship Amendment Act and…

Abstract

Purpose

This paper aims to highlight the very recent cases of internet shutdown during the creation of Union territory of Jammu and Kashmir and enactment of Citizenship Amendment Act and the detention under Section 66 (A) of Information Technology Act 2000.

Design/methodology/approach

This study takes up a broad explorative discussion of the challenges posed to the consolidation of democracy in India due to frequent internet shutdowns for online communication and social media usages.

Findings

As findings, it is narrated that due to politically motivated reasons, India compromises its commitment to the pluralism and diversity in views, in particular, individual rights to freedom of expression and opinion, enshrined in the constitution.

Originality/value

Right to freedom of speech and expression has now taken a new shape due to the emergence and availability of the internet that enriches the quality of democracy.

Details

Journal of Information, Communication and Ethics in Society, vol. 19 no. 2
Type: Research Article
ISSN: 1477-996X

Keywords

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