🤔 Where Are we lacking?

Pointing out a lacuna in the existing IT Rules, she says that it only addresses instances whewherein the illegal content has already been uploaded and the resultant harm has been suffered ; instead, there has to be more focus on preventive measures, for instance, making users aware that they are looking at a morphed image.
Agreeing that there is a need to revamp the existing laws, Mr. Gupta points out that the current regulations only focus on either online takedowns in the form of censorship or criminal prosecution but lack a deeper understanding of how generative AI technology works and the wide range of harm that it can cause.

👨‍⚖️🏛️Current Regulations—
India lacks specific laws to address deepfakes and AI-related crimes, but provisions under a plethora of legislations could offer both civil and criminal relief. For instance, Section 66E of the Information Technology Act, 2000 (IT Act) is applicable in cases of deepfake crimes that involve the capture, publication, or transmission of a person’s images in mass media thereby violating their privacy. Such an offence is punishable with up to three years of imprisonment or a fine of ₹2 lakh. Similarly, Section 66D of the IT Act punishes individuals who use communication devices or computer resources with malicious intent, leading to impersonation or cheating. An offence under this provision carries a penalty of up to three years imprisonment and/or a fine of ₹1 lakh.
Further, Sections 67, 67A, and 67B of the IT Act can be used to prosecute individuals for publishing or transmitting deepfakes that are obscene or contain any sexually explicit acts. ⚡The IT Rules, also prohibit hosting ‘any content that impersonates another person’ and require social media platforms to quickly take down ‘artificially morphed images’ of individuals when alerted. In case they fail to take down such content, they risk losing the ‘safe harbour’ protection — a provision that protects social media companies from regulatory liability for third-party content shared by users on their platforms.
⚡Provisions of the Indian Penal Code, 1860, (IPC) can also be resorted to for cybercrimes associated with deepfakes — Sections 509 (words, gestures, or acts intended to insult the modesty of a woman), 499 (criminal defamation), and 153 (a) and (b) (spreading hate on communal lines) among others. The Delhi Police Special Cell has reportedly registered an FIR against unknown persons by invoking Sections 465 (forgery) and 469 (forgery to harm the reputation of a party) in the Mandanna case.

🙂 Opinion- A robust mechanism for comprehensive regulation for prevention of these crimes and enforcement mechanism is need to tackle AI based crimes..

Ab to Democracy bhi stake pe hai due to Elections being altered through these technologies.

@CurrentLegalGK

👨‍⚖️ 💯100 IMPORTANT JUDGEMENTS 2022 and 2023

Lok Sabha passes Advocates (Amendment) Bill, 2023 | https://www.barandbench.com/news/lok-sabha-passes-advocates-amendment-bill-2023

Advocates amendment bill 2023

@CurrentLegalGK

Indian Law Silent On Giving Child Right To Renounce Adoptive Parents: Amicus Tells Kerala High Court
https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-adoption-annulment-emancipation-detrimental-children-243768

The Kerala High Court today orally pointed the lacunae in law after a couple, who had adopted a girl child (now a major), sought its permission to annul the adoption on the ground that she hasn't integrated into the family.

The Single Judge Bench of Justice Devan Ramachandran was of the firm view that the provisions relied upon by the petitioners' counsel could not be invoked, since the child had now turned 18-years-old, due to which the Child Welfare Committee ('CWC') could not be approached for annulling the adoption.

"The child was a child when adopted, now she’s a woman. How will you annul it?...And where will she be sent? CWC has lost control over her now. They are not in charge. From today, I must treat her as a woman since she is now 18, not as a child. And I have to ensure her safety. You’ve given up, its now for me to take care of her. CWC cannot do anything now. If I declare so, she’ll be left nowhere. So I have to make sure she’s protected right away and I need a specialized agency for that. I am worried," Justice Ramachandran orally noted.

The adoptive parents had adopted the girl when she was still a child, from Ludhiana. The petitioners alleged that the child was unable to integrate with the family, and was also attacking the adoptive mother

😯👍

Basically the problem is– India is alien to the concept of emancipation laws.

🤔Think as if you were a judge in this case. What would you have done?

@CurrentLegalGK

Supreme Court Seeks Centre's Response On Plea To Allow Surrogacy For Single Unmarried women
https://www.livelaw.in/top-stories/supreme-court-seeks-centres-response-in-plea-seeking-to-allow-surrogacy-for-single-unmarried-women-243762

⚡ The petitioner has pointed out that Section 2(1)(s) of the Act bars single, unmarried women from availing surrogacy, but this is allowed for divorced/ widowed woman. This is manifestly arbitrary, the plea argues.

"This is manifestly arbitrary and irrational since in both cases the woman would be a single mother

⚡ The plea also challenges Section 2(1)(zg) of the Act and paragraph 1(d)(II), Form 2 of the Surrogacy (Regulation) Rules, 2022 which prohibits the use of donor eggs and requires single woman to only use self-eggs .This prohibition on the use of donor eggs denies the intending mother, the right to reproduction, right to found a family, right to meaningful family life and right to privacy, the plea argues.

⚡ The prohibition on any monetary compensation/ consideration to the Surrogate Mother effectively makes it impossible for the Petitioner to find a Surrogate Mother. The law instead of seeking to regulate surrogacy in effect bans it by imposing the requirement of altruistic surrogacy and violates the principle of

lex non cogit ad impossibilia

law does not compel the doing of impossibilities

------------------------------------
🤔 #Question

What is the Doctrine of Manifest Arbitrariness.

💡Hint: Shayara Bano v UOI 2017

@CurrentLegalGK

The Supreme Court on Tuesday orally expressed its reservations about the applications filed before it by persons wanting to have a child through surrogacy under the Surrogacy (Regulation) Act, 2021 who are beyond the age limit prescribed under the Act.

"There are cases where people in their 60s are saying they want children. It is so difficult to bring up a child at that age. Once a child starts walking, you know how difficult it is to monitor a child. Under Adoption Act, there is a cap on the combined age for adoption. In their 60s, having a child is very difficult. The child wouldn't know whether to call them as a father or grandfather. We have to look at the child's point of view, whether they can take care of the child. It is very easy to bring a child into this world, but rear a child, educate a child is not easy. What about the rights of the child? Even normal people will think a 100 times before having in kid in their late 30s or 40s' Justice Nagarathna said.

💯CHILD centric aproach