Volume 7, Issue 4 / 2025

Child abuse is a grave violation of the fundamental rights and dignity of children. It manifests in various forms, including physical violence, emotional neglect, sexual exploitation, and lack of supervision or care. Although recognized globally, child abuse in India is a deeply under-researched issue, largely due to cultural stigma, underreporting, and systemic apathy. This essay critically analyses India's child abuse issue, with a focus on sexual abuse and neglect. It discusses the legal framework, role of the judiciary, and relevant statutes that aim to protect children. Furthermore, it examines the socio-cultural factors that hinder the effective implementation of protective measures. Through an analysis of judicial precedents, constitutional provisions, and statutory laws, the study offers a comprehensive view of the challenges and provides practical recommendations for policy and societal reform.

Surveillance, when pervasive and unregulated, poses a direct threat to civil liberties, which are essential for a free and dignified life. In a society where every action, word, or thought is subject to scrutiny, individuals may begin to self-censor, fearing that even innocent behaviour could be misconstrued and used against them. This erosion of freedom undermines the core principles of privacy, free speech, and autonomy, replacing openness with fear. What is marketed as protection may, in reality, be fostering an environment of mistrust and caution, where individuals live under constant observation, compromising their ability to truly live freely.

This paper examines gaps in India’s regulation of AI driven surveillance related to privacy and civil liberties. Laws have been passed the pace that AI surveillance is being adopted in corporate workplaces and government facial recognition systems. The Supreme Court’s K.S. Puttaswamy (2017) ruling on the right to privacy as a fundamental right does not mean however, that India has specific regulations nor effective enforcement of AI surveillance. Corporate surveillance is virtually unregulated and government surveillance is too easily lead astray with tools like facial recognition systems. The paper compares India’s approach to those of the U.S., EU and China, commenting on the EU’s rights focused AI Act, the U.S.’s stop gap measures and China’s state driven approach. The paper advocates for India to creating a coherent legal framework between technological innovation and protection of fundamental rights, and implements the globalization precedents and strengthened accountability mechanisms to prevent enhanced AI surveillance.

This paper delves into the increasing prevalence of administrative overreach by quasi-judicial authorities and its implications on the principles of audi alteram partem and nemo judex in causa sua. Employing comparative doctrinal analysis and select case law from the UK, India, and the EU, it interrogates the erosion of procedural fairness. Further, it scrutinizes the latent dissonance between delegated legislation and constitutional supremacy. Incorporating lesser-used legal doctrines such as the Wednesbury unreasonableness and sub silentio rulings, this study suggests an imperative for rekindling judicial restraint and evolving a fortified review jurisprudence. The language integrates a moderate layer of archaic terms to echo the evolution of legal traditions.