The NLS Forum curates pioneering research and current developments in the fields of law, public policy, social sciences and humanities.
Our work bridges academic scholarship, legal practice and
civil society discourse.
We present the University blog and five student journal blogs, where leading scholarship from around the world is edited by our faculty, researchers and students. To submit your work, please refer to the submission guidelines provided for each blog.
Is Encrypted Data Personal Data under India’s DPDP Act? – Identifiability, Liability, and Regulatory Design in a Growing Digital Economy
April 8, 2026
This piece argues that encryption reduces risk but does not remove legal liability under India’s Digital Personal Data Protection Act, 2023, since encrypted data is still considered personal data if individuals remain identifiable. The Digital Personal Data Protection Rules, 2025 treat encryption as a security safeguard, not anonymization, aligning it with pseudonymization rather than full de-identification. The key challenge is designing rules that assess identifiability contextually across data-sharing chains without overburdening organizations or confusing data classification with liability.
The Copyright Play: AI, Section 52, and the Acts of Fair Dealing
March 15, 2026
Written as a five-act drama, this paper analyzes AI training under Section 52. It argues for recognizing tokenization as transformative research. It focuses on training process, that is distinct from generated output, and argues that it is a non-infringing necessity to encourage innovation.
Closing Loopholes Assessing Evasion Risks in Fast-Track Mergers
April 14, 2026
The recent amendment in the Fast-Track Merger regime reflects a positive step towards
business efficiency. By allowing unlisted companies and a holder with its subsidiary to opt
for the fast-track framework, the Ministry of Corporate Affairs aligns with its intention of
easing the amalgamation route. While this expansion was done with good intent, the interim
period of approval laid out for one of the newly introduced categories has opened a route for
possible evasion. This article analyses the new fast-track regime as a duped route for possible
bypass. By analysing it through the lens of Vedanta’s demerger scheme, it highlights how this
route could have been a simple tool to bypass judicial/administrative scrutiny. Lastly, it
proposes a two-stage solution for addressing this issue: (i) a continuous debt disclosure model
with mandatory disclosures in the sensitive interim period where the potential of breach is
high; and (ii) extension of the administrative role of Registrar of Companies and Official
Liquidator to keep a final check on potential misuse of this newly expanded route.
Poking the Tiger: The Supreme Court Rewrites India’s Treaty Entitlement Rules
March 11, 2026
The author examines the Supreme Court of India's 2026 decision in Tiger Global and its implications for the interaction between treaty entitlements and India's General Anti-Avoidance Rule. The judgment, it is argued, marks a decisive doctrinal shift from formal treaty compliance to a substance-over-form approach, reframing the 2016 Protocol's grandfathering clause from an inviolable guarantee to a rebuttable presumption subject to anti-avoidance scrutiny. By embedding GAAR principles into treaty interpretation, the Court subordinates legitimate expectations to domestic anti-abuse frameworks, ultimately conditioning treaty benefits on demonstrable commercial substance over mere formal compliance.