New Laws in India 2021

Many indigenous land tenure systems, including in Bihar, deny indigenous women the right to own land. Other laws or customs regarding ownership and land give women little control over the use, conservation or sale of land. In August 2021, case law on data protection rights management was formulated. The Madras High Court rejected an applicant`s right to be forgotten and requested that his criminal record be removed from the case after his acquittal. The court dismissed the person because the performance of a task in the public interest outweighed the individual`s right to privacy. The court further stated that these rights would be implemented more effectively after India passed a data protection law. Indian farmers forced Modi to abandon new laws. So why don`t they go home? In India, there is no law regulating the use of social media by employees. As a result, an employer may establish internal policies to regulate employees` use of social media during working hours and in the workplace. The government denied conducting surveillance activities that violated laws or official procedures. The laws allow the government to intercept calls aimed at protecting the sovereignty and integrity of the country, state security, friendly relations with foreign states, public order, or preventing incitement to commit a crime.

Indian labour law does not provide for the automatic transfer of employees as part of a business sale without the consent of the employees. In a stock sale scenario, the acquisition of shares by a buyer does not result in a change of employer and only the ownership model of the company changes. Therefore, in the current scenario, there will be no requirement for employee consent. In India, there is no law relating to employer law or legal requirement that deals with the pre-screening of potential employees prior to hiring. However, it is common for employers to conduct background checks on educational documents, previous experience letters, previous employers, and criminal records. Tamil Nadu, Andhra Pradesh, Karnataka and Maharashtra have laws that prohibit the Devadasi system and provide rehabilitation services to women and girls affected by the practice. The enforcement of these laws remained lax. In an attempt to balance privacy rights with the balance of national security and public order, the Ministry of Electronics and Information Technology codified the Interim Guidelines and the Code of Ethics for Digital Media, 2021. These rules include due diligence, and the idea is to identify the first creator of information conveyed via social media and messaging platforms. However, this requirement does not extend to the content of e-mail messages. This traceability requirement is currently being reviewed by the Delhi High Court to assess its constitutionality in relation to the right to privacy. While the government has made it clear that it does not intend to violate privacy rights, it remains to be seen whether the extent of the disclosures required would affect the actual content of the messages released, as the basis for prosecution is state sovereignty and security.

In 2021, the Personal Data Protection Act is expected to be implemented and some of the Covid-19-specific regulations introduced could be relaxed. These standards may be a manifestation of India`s economic, national security and privacy concerns. Indian data is primarily stored in India and may be transferred if the individual gives consent, has a contract duly approved by the DPA, or if the receiving entity can demonstrate compliance with applicable data protection laws. The receiving organization could also use appropriate (e.g., encryption and access control) and administrative (e.g., privacy policy and breach management procedures) techniques that implement safeguards to validate these data transfers. The Constitution of India prohibits discrimination against citizens on certain grounds such as religion and sex. To promote these objectives, several laws prohibit discrimination against protected groups such as persons with disabilities or an HIV-positive person in employment. Similarly, special laws have been enacted to promote the employment of certain groups of people. For example, the provision of paid maternity leave and other benefits under the Maternity Benefits Act 1961 (Maternity Benefits Act) is intended to create a favourable working environment for working women. Previously, farmers had to auction their produce, where they received at least the government-agreed minimum support price (MSP) for some of their crops. The new laws were intended to relax the rules governing the sale and pricing of agricultural products, which protected farmers from an unregulated free market. In terms of legislation, the Joint Parliamentary Committee`s report on the Data Protection Bill set a new tone and mandate for the 2021 Data Protection Act.

The Reserve Bank of India has developed restrictions on payment aggregators and loan applications, while the Bureau of Indian Guidelines has formulated privacy standards as a security framework for businesses. The central government has also issued due diligence rules for internet intermediaries to regulate them. Freedom of expression: Individuals regularly criticized the government publicly and privately through online platforms, television, radio, or print media. According to HRW`s World Report 2021, the government has “increasingly harassed, arrested, and prosecuted human rights defenders, activists, journalists, students, academics, and other critics of the government or its policies.” Harassment and detention of journalists critical of the government in their reporting and on social media continued. “Today I came to tell you, the whole country, that we have decided to withdraw the three agricultural laws,” Modi said, acknowledging the importance of farmers and the challenges they face. The 2021 Reporters Without Borders World Press Freedom Index describes the country as very dangerous for journalists, with press freedom violations committed by police, political activists, criminal groups and local authorities. The report also identified “coordinated hate campaigns on social media” that have provoked threats against journalists as a major concern. Harassment and violence were particularly acute for women journalists.

Journalists working in Jammu and Kashmir continued to face obstacles to reporting freedom due to restrictions on communication and movement. A notable change concerns the exemptions granted to government agencies with respect to data processing. This exception can be considered in light of the recent Supreme Court ruling in the Pegasus spyware case, which concerns allegations against the central government for surveillance of Indian citizens. The Honourable Court established a committee to assess the violation of privacy rights and make recommendations on applicable surveillance laws to improve privacy practices.