This article analyses the relevance of Personal Data Protection Bill, 2018 for developing a data protection legal framework in India. In this regard, the article attempts to analyse the evolution process of comprehensive personal data protection law in the Indian context. The manner in which the Personal Data Protection Bill, 2018 will revamp and strengthen the existing data protection regulatory framework forms the major edifice of this article. The article also dwells on the significant role played by the fundamental right to privacy judgment (Justice K.S. Puttaswamy v Union of India) of Supreme Court of India, thus preparing the regulatory ground for the evolution of the Personal Data Protection Bill, 2018. The influence of the European Union General Data Protection Regulation in shaping the Indian legal framework is highlighted. The article also discusses pertinent legal concerns that could question the effectiveness of the proposed data protection legal framework in the Indian context.
Indigenous people’s traditional customary claim over the forest land was not accepted by the formal legal mechanism in India for a long period of time. The underlying rationale for the claim is livelihood, religious, and cultural reasons. The indigenous people’s claims remained as informal norm, which were not accepted by the formal state legal system in India. Discriminating legal centralism was existing in the area of forest governance and policy till the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act was enacted in 2006. The Forest Rights Act, 2006 has brought a paradigm shift in the entire approach of law towards the indigenous people and acknowledged the rights of the indigenous people. This article makes an attempt to understand the significance of recognition of legal pluralistic norms through legislation.
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