Author
Prof Shilpa Jain
Organisation/Institution
Country
INDIA
Panel
Human Rights
Title
THE RIGHT TO DISCONNECT IN THE DIGITAL AGE: CONSTITUTIONAL FOUNDATIONS AND LEGISLATIVE PROSPECTS IN INDIA
Abstract
In the rapidly transforming digital world, the advent of emails, smartphones, and easy availability of the internet has made the employees available 24/7, thus, obscuring the boundary between “personal time” and “work hours”. This has been further accentuated with the onset of the pandemic. Despite leaving the office, employees remain tethered to work by a constant stream of emails and messages—forming an ‘electronic leash’ that invades their personal time. This unrelenting digital connectivity has eroded mental health and productivity, with workplace stress now the fifth leading cause of death globally. An examination of the legislative frameworks in France, Belgium, and Australia reveals distinct approaches to enforceability and cultural adaptation, encompassing mechanisms that range from statutory obligations to collective bargaining arrangements. These comparative models demonstrate that the legal recognition of digital rest can be harmonised with sustained economic efficiency, offering instructive perspectives for the progressive development of India’s labour jurisprudence. The Indian Constitution has given primacy to fundamental rights. The scope of right to life and personal liberty enshrined in Article 21 of Indian Constitution has been expanded by judicial pronouncements to various facets of right to life including right to livelihood, right to health, right to privacy and so on. However, the Indian jurisprudence is still to embrace the right to disconnect. The research will be conducted using qualitative and doctrinal approach. The research will draw references from academic literature, policy papers, international legal frameworks. In this backdrop, the paper will explore the Indian Constitutional and legal framework to assess the need, feasibility and the scope of the Right to disconnect in India.
Biography
I (Dr. Manoj Kumar Sharma) am presently working as Associate Professor of Law at Rajiv Gandhi National University of Law, Punjab. Before joining my current position, I was working as Associate Professor of Law at Maharashtra National Law University, Nagpur. I have pursued my graduation in Commerce, LL.B. and LL.M. from Guru Nanak Dev University. I have undertaken Ph.D. on the Topic ‘Centre-State Financial Relations: An Analytical Study’.I have teaching experience of twenty one years and have published 34 papers in research journals and several papers in Books. I have Published four books and undertook research projects at national and international level. My co-author Prof. (Dr.) Shilpa Jain is working as Professor of Law at Maharashtra National Law University, Nagpur. Dr. Shilpa Jain is a Gold Medalist in B.A.LL.B. (Hons.) and has completed her LL.M. and Ph.D. from Barkatullah University Bhopal. She has teaching and research experience of 14 years. Dr.Shilpa has completed one Major Project granted by National Human Rights Commission, New Delhi and one Minor project granted by Chandigarh State Commission for the Protection of Child Rights. She has been awarded fellowship by the Hague Academy of International Law, Hague in the year 2014 and United Nations to attend United Nations Regional Course in International Law at Thailand in 2012. She has eight edited books and several Research papers in journals of National and International reputeto her credit. She has also authored modules in e-PG Pathshala portal of UGC. Her areas of interest include Public International Law and Human Rights.
