Issue Archive · Open Access
Volume IX – Issue I / 2026
Articles · 183
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The Pitfalls of FIDIC Contracts: A Critical Legal Analysis of Risk Allocation in Construction Projects
Doctorate in Business Administration, European Institute of Management and Technology, SwitzerlandPages 01 - 24This paper is a critical analysis of the development of risk allocation as per the FIDIC red, yellow, and silver books (1999 and 2017 editions) in the UK legal landscape. It takes a qualitative doctrinal and comparative approach. Also, it examines clauses in contracts, UK court decisions, and arbitral commentaries to determine the impact of drafting changes on the allocation and discharge of construction risks. The results indicate that although the 2017 revisions brought greater clarity to the procedures, particularly those governing the requirement to be fit for purpose, the deadline for claims, and warning obligations, they also introduced administrative burdens and the risk of forfeiture of procedure. Comparative tables show that judicial interpretation of English law consistently follows strict outcome liabilities and condition precedent, highlighting the importance of disciplined contract administration. The paper finds that the 2017 updates to FIDIC made the text more precise but not necessarily more practically fair, which supports the relevance of aligning contractual allocation with the realities of the project, insurability, and effective risk management.580 views -
Breathless Justice: Is the Right to Clean Air a Constitutional Myth?
Advocate at Punjab and Haryana High Court, IndiaPages 25 - 50The present research scrutinizes whether the constitutional obligation of clean air in India has thus far only been doctrinally recognized or whether it has also become an enforceable right in practice. The paper is based on a constitutional discussion of Article 21 and the existing legislative framework, which includes the Air (Prevention & Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986, the judicial development of the right to life through the environmental protection, examination of the design and execution of the National Clean Air Programme (NCAP) and the National Ambient Air Quality Monitoring Programme (NAMP) as well as estimating the capabilities of the Central and State Pollution Control Boards in turning laws into favorable conditions for the environment. The work uses new empirical air-quality and health-burden data to show significant gaps: lack of consistency in the monitoring locations, low level of NCAP funds usage, seasonal crises (especially in the Indo-Gangetic Plain) and divide of authority among ministries and government tiers. Based on this diagnosis, the article points out the shortcomings of existing judicial remedies (mandamus, injunctions, continuing mandamus) and suggests both doctrinal and statutory innovations—binding city and sectoral air-budgets, an independent National Air Commission with rule-making and enforcement powers, statutory information rights, remediation escrow mechanisms, and calibrated administrative sanctions—to transform the right to clean air into its administrable and enforceable forms. The conclusion puts forward a tripartite roadmap for the courts, the legislature, and the executive that combines enforceable legal duties, strengthened technical institutions, and predictable financing to turn the constitutional promise into public health protection. The paper maintains that without such integrated legal-policy reform the "right to clean air" may continue as a partial doctrinal accomplishment rather than a civic entitlement.329 views -
The Saranda Wildlife Sanctuary Judgment: Balancing Constitutional Obligations, Tribal Rights and Environmental Conservation
Assistant Professor at Centurion University of Technology and Management, Odisha, IndiaPages 51 - 66The Supreme Court of India has finally resolved long standing disputes concerning tribal rights to land, the right to mine and environmental protection in its recent judgment, In Re: Saranda Wildlife Sanctuary, by ordering the designation of 31,468.25 hectares of Saranda forest area as a wildlife sanctuary. Notably, the Court also revived a 1968 notification on the designation of this area, while at the same time ruling that designation as a wildlife sanctuary will not take away scheduled tribe members’ rights to their land under the Forest Rights Act of 2006. This paper provides a constitutionally based legal analysis of the interpretation of court of articles 48A and 51A(g) as creating enforceable environmental obligations and reconciles the rights of tribes to use lands within the boundaries of the wildlife sanctuary under section 24(2)(c) of the Forest Rights Act with the provisions of the Wildlife Protection Act of 1972. Although the decision of the court significantly advances the interests of constitutional environmental protection and precludes indefinitely delayed actions by public administrators, the Court left several important issues of implementation unaddressed including tribal representation in the administration of wildlife sanctuaries, regulations for mining activities in areas adjacent to wildlife sanctuaries and balancing the need for environmental conservation with the security of livelihoods of residents living within or near the protected area.355 views -
Climatic Justice with Environmental Fortification: Expanding the Scope of India’s Vulnerable Community with Effective Applicability of Right to Life Resilience.
LLM Graduate from Symbiosis Law School, Pune, Maharashtra, IndiaPages 67 - 84The study of vulnerable community well-being expands the applicability of India’s Article 21 resilience in addressing environmental degradation with the checks and balances system of the country's Climatic Justice Framework. This study is a pressing necessity for examining the existing vulnerability and role of India’s judiciary in interpreting the Right to Life and Personal Liberty, extensively dealing with the socioeconomic impacts of climate change. This doctrinal and exploratory study analyses India’s Article 21 resilience for vulnerable community protection with the applicability of Common but differentiated responsibility and Responsible Conduct (CBDR-RC) , Polluter Pay, and Intergeneration Equity. Previous studies have addressed that climate change poses a risk to livelihood, and people susceptible to climate change belong to the poor, marginalized communities, and workers exposed to stringent and inhumane conditions. However, none of the studies addresses the necessity of enhancing India’s climate framework with the overlapping applicability of Distributive, Climatic, and Environmental Justice (EJ) . This paper emphasizes widening the scope of Art 21 and emphasizing reparatory justice and framing India's appropriate EJ and Climate Justice Framework in mitigating the adverse effects of the country's greenhouse gas (GHG) emissions, and understanding the rights of marginalized communities. Eventually, this research necessitates India's Re-examining and reforming policies with Community Renewable Energy (CRE) and CBDR-RC in safeguarding the rights of vulnerable communities. This research is a pressing priority of addressing India's climate change with transformative justice aimed at long-term sustainability and assisting the country to achieve Net Zero Emissions by 2070.280 views -
Price Transparency on E-Commerce Platforms: Regulation of Drip-Pricing under Indian Consumer Law
Assistant Professor at Chameli Devi Group of Institutions, Indore, M.P., IndiaPages 85 - 93The fast-paced development of the internet has led to the emergence of a huge online shopping environment which in turn provides a broader variety of products to consumers and at the same time, makes them a bit vulnerable, with one of the main drawbacks being the non-transparent prices and misleading marketing practices. One of the most used practice is drip pricing in which the seller, while attracting the customer, advertises products and services at low price hiding additional costs of delivery, handling, surcharges, and taxes etc until later in the purchase process, which in effect, deprives the Right to be Informed of consumer, where it is stated that proper and complete disclosure of price and product characteristics is compulsory. To this, India increased the Consumer Protection Act, 2019 with the Consumer Protection (E-Commerce) Rules, 2020, which made it mandatory for the e-commerce companies and the sellers to not only show the total price including a detailed breakup of obligatory and optional charges. The courts have interpreted that undisclosed fees and fake discounts constitute unfair trade practices, and made the platforms liable to regulatory and civil remedies. However, through all these solid legal structures that have been put in place, there are still practical drawbacks such as: varying disclosure formats, complicated legal language, choice of platform design, and pricing techniques that use algorithms, all these continue to make it hard to see clearly at the decision-making point. The paper intends to conduct a doctrinal and functional analysis of the current regulations, enforcement activities, and platform adherence to determine their effectiveness in eradicating hidden costs.739 views -
From Decriminalization to Dignity: Constitutional Morality as a Framework for LGBTQ+ Family Rights in India
LL.M. Student at Gujarat National Law University, Silvassa Campus, Dadra & Nagar Haveli, IndiaPages 94 - 114From being criminalised under colonial law to being affirmed of equality and dignity through progressive judicial interpretation, LGBTQ+ rights in India have experienced a significant constitutional transformation. This article titled "From Decriminalisation to Dignity: Constitutional Morality as a Framework for LGBTQ+ Family Rights in India" is a lineup of arguments that thoroughly understands the idea of constitutional morality as the most suitable and normative ground for queer people to be granted full citizenship. The gist of it is to show how the landmark cases like “NALSA v. Union of India (2014)”, “K.S. Puttaswamy v. Union of India (2017)”, and “Navtej Singh Johar v. Union of India (2018)” have been instrumental in the redefinition of the concepts of equality, individual autonomy, and state morality. Beyond decriminalisation, the study examines family rights, highlighting the necessity of gender-neutral changes to laws pertaining to marriage, adoption, and inheritance. It contends that even in the face of dominant social morality, individual dignity must be protected in accordance with “constitutional morality”, as envisioned by “Dr. B.R. Ambedkar” and upheld by the Supreme Court. The study offers legislative and policy recommendations to operationalise these constitutional values in practice using a doctrinal and analytical approach. Ultimately, based on the transformative vision of constitutional morality, the paper argues that the path to equality for India's LGBTQ+ community must move from judicial recognition to institutional realisation — from tolerance to inclusion.367 views -
Global Climate Justice and Local Environmental Law: Indian Case Presentations of the Vantara Case
LL.M. Student at National Institute of Securities Market (NISM), IndiaPages 115 - 122The paper examines the international environmental and climate governance through critical legal vulnerabilities in the case of Vantara, which includes a 2025 Supreme Court investigation that indicates the inability of world legal systems to be susceptible to vulnerability. The study finds three interrelated gaps in the law, firstly, the lack of international recognized modalities to assign carbon credits to the conservation of wildlife, the apparent exposure of fundamental disparities in the transfer of carbon markets into biodiversity conservation; secondly, widespread structural flaws in the application of CITES, such as negative-list structure, insufficient non-detrimental findings, and nonreporting structures and capability to enforce covenants on the disproportionate application of developing countries; lastly, inconsistency in legal regimes across various jurisdictions to endorse carbon rights, indigenous free prior and informed consent Further discussion above shows that the implementation of the article 6 of the Paris Agreement has loopholes since it, though defining the mechanisms of international cooperation, does not offer the appropriate capacity building and ensures that developing nations have a one-sided access. The paper uses the 2025 advisory opinion on climate obligations by the International Court of Justice as a demonstration of binding matters that should be addressed with a multilateral reform guided by the UNIDROIT standardization, national implementation through the harmonization process for the adhesion to necessary rules and based on the protection of the indigenous and local communities. The Vantara case is a tangible example of how these abstract legal loopholes are reflected on the ground and how urgent the creation of coherent international legal frameworks that correspond to climate justice principles are in their regard to the effective work of environmental regulation and responsibility of the state.263 views -
Telemedicine in the Post Covid-19 Era amid Data Privacy Concerns
Advocate at High Court, Lucknow, IndiaPages 123 - 137The COVID-19 pandemic fundamentally transformed healthcare delivery by accelerating the adoption of telemedicine across jurisdictions. What began as an emergency response to physical distancing and overburdened health systems has, in the post-pandemic era, evolved into a consolidated model of hybrid healthcare combining digital and in-person services. This paper examines the emergence, growth, and institutionalisation of telemedicine in the post-COVID-19 period, with particular emphasis on the legal and ethical challenges posed by data privacy and health information governance. Using a doctrinal research methodology, the study analyses relevant Indian statutes, judicial precedents, policy frameworks, and telemedicine practice guidelines, alongside comparative international developments. The paper argues that while telemedicine has significantly improved access to healthcare, especially in remote and underserved regions, the rapid digitisation of health services has exposed critical vulnerabilities relating to informed consent, confidentiality, cybersecurity, and liability. In the Indian context, the absence of a comprehensive, health-specific data protection regime has resulted in reliance on general information technology and personal data protection laws, which may be insufficient to address the sensitivity of medical data. The paper further evaluates recent policy initiatives such as the Telemedicine Practice Guidelines, the Ayushman Bharat Digital Mission, and the Digital Personal Data Protection framework, highlighting existing lacunae and implementation challenges. It concludes by proposing targeted legal and regulatory reforms aimed at strengthening patient autonomy, safeguarding informational privacy, and ensuring accountability in telemedicine practices, thereby enabling sustainable and rights-compliant digital healthcare in the post-COVID-19 era.209 views -
Analysing the SEBI’s approach to Insider Trading: The Impact on Market Research in Light of Ethical Aspects to Insider Trading and 2024 Amendments
Student at National Law Institute University, Bhopal, M.P., IndiaPages 138 - 154This paper critically examines the Securities and Exchange Board of India’s (SEBI) 2024 amendments to the SEBI (Prohibition of Insider Trading) Regulations, 2015 and related changes to the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, most notably the narrowing of the definition of “generally available information” (GAI) and the exclusion of “unverified” media reports, by analysing their legal, ethical and market consequences. Although SEBI’s stated intent, to curb market rumours and close information-asymmetry loopholes exploited by insiders, is legitimate, the blanket exclusion of unverified media reports from GAI introduced by the amendment creates unintended harms. These include: (a) risking criminalization of legitimate market analysis and research; (b) reduced incentives for independent analysts and retail investors to engage in informed trading; and (c) a lowered evidentiary rigor in proving how alleged insiders accessed information. The paper contrasts India’s restrictive move with foreign regimes and recent U.S. proposals that expressly protect research based on public sources, and it revisits the N.K. Sodhi Committee’s recommendation favouring non-discriminatory accessibility as the core test for GAI. The author concludes by proposing pragmatic alternatives, reinstating a fact-sensitive, parity-of-access standard, explicitly exempting bona fide research based on publicly available materials, and tightening proof requirements for tracing UPSI, to better balance investor protection with market efficiency and research freedom.208 views -
The word clinical trial is self-explanatory. The need to constantly update medical science is a must for the survival of humanity, however questions arise as to what extent clinical trials should be permitted or how the procedures of such experimentation have to carried on or the importance of ‘consent’ of persons subjecting themselves to the procedures. It is in this backdrop this article seeks to scrutinize, analyse and dissect clinical trials strictly from the humanitarian-legal point of view. This research has been undertaken with the objectives of understanding India’s current legal framework with respect to clinical trials, legislative lacuna and judicial perceptions and receptions of the same.208 views
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Redefining Worker Status in the Digital Economy: A Study of Gig and Platform Labour under India’s New Labour Codes
Student at Gujarat National Law University, Silvassa Campus, Dadra & Nagar Haveli, IndiaPages 163 - 171The four new labour codes notified in November 2025 are regarded as a turning point in the legal status of gig and platform labour, and the Code on Social Security, 2020 (SS Code) is the main place of change. The Social Security Code, which is the first to define such workers as gig workers and platform workers, create a specific social security framework, and require the contributions of aggregators to a welfare fund, partially addresses the historical uncovering of such workers by formal labour and social-security frameworks. Combined with the Code on Wages (CW), the Industrial Relations Code (IR Code) and the Occupational Safety, Health and Working Conditions Code (OSH Code), the new framework hopes to bring wage, safety and limited organisational protections to workers, whose labour is mediated by algorithms, as opposed to traditional employers. The main research question explored in the paper is how, and to what degree, can the four new labour codes be practically implemented to improve the position of gig workers in India, and how they are conceptualising gig and platform work as a specific category of regulation. In theory, the paper challenges the legal definitions of gig/platform and unorganised workers and how this relates to the traditional employee/independent contractor dichotomy, whether the codes simply reframe precarious work or radically reorganize the relationship between worker and employee. Substantively, it provides an analysis of the SS Code stipulations on registration, national and state boards, scheme and aggregator contributions, and wage and OSH guarantees, to determine the extent to which the emergent model fulfills constitutional undertakings concerning social security and fair conditions of work, and complies with the emerging ILO standards on platform labour. The study methodology is qualitative and doctrinal. It carefully examines legal documents, statutory legislation and case law, which includes IFAT litigation and the recognition of cab-aggregator drivers by the Karnataka High Court of the application of protective laws as well as scholarly literature on the regulation of platforms, which is emerging. This framework evaluates how novel governance frameworks, including the digital registration, and algorithmic surveillance, i.e., meaningfully contribute to the bargaining powers and social security of the gig workers in the fast-growing digital labour market in India.590 views -
Emerging Trends and Challenges in Cross-Border Insolvency: Case Studies with Multinational Corporations
LL.M. student at SRM School of Law, Tamil Nadu, IndiaPages 172 - 185Cross-border insolvency refers to the process of legally adjudicating with respect to debtors, creditors, or assets across multiple jurisdictions. With globalisation, the existing legal frameworks often do not keep pace with the complexities of the insolvency of a multinational enterprise. This paper assesses the important developments in cross-border insolvency from the perspective of doctrinal approaches, especially territorialism and universalism, and increasingly relevant modified universalism which foregrounds judicial cooperation. The study examines the development of important international instruments, including the UNCITRAL Model Law on Cross-Border Insolvency and the EU Insolvency Regulation, as well as domestic regimes in the USA, UK, and India. The case studies of Jet Airways, Lehman Brothers, Videocon, and Evergrande demonstrate the difficulty of cross-border insolvency in practice and identify issues including the COMI determination, the Rule in Gibbs, the public policy exception, and the approach to digital assets. The paper is a call for appropriate adoption of harmonised cross-border insolvency frameworks especially in India, and concludes by articulating that incremental legal convergence in the realm of cross-border insolvency is necessary to provide fair, efficient and predictable outcomes for firms in multinational insolvencies.298 views -
Pages 186 - 193Doping has become a pervasive issue that accompanies sports competitions globally. It was anticipated that educational programs, testing, and supporting medical care would reduce this substance-abusing behaviour. Regrettably, this has not occurred. Indeed, professional athletes are now exploiting advanced, potent, and undetected doping methods and chemicals, with the emergence of intricate distribution networks. Professional athletes frequently serve as role models for adolescents and young adults, who often emulate their activities, including substance misuse. This analysis of doping in sports aims to educate the global psychiatric community and addiction treatment specialists about the historical origins of doping in athletics and its proliferation among susceptible athletic and non-athletic groups. This pertains not only to health issues but also to the moral and ethical principles of humanity that influence the integrity of sportsmanship. This is directly impacting global sports and competitions. Blood doping refers to the illicit use of particular drugs to augment red blood cell mass, hence enhancing the body's capacity to deliver oxygen to muscles, ultimately improving performance and endurance.427 views
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A unique convergence of the technological revolution, the ambitions of the shipping sector towards decarbonization, and geo-political tensions are unbalancing the Indian shipping industry and forcing change. The incorporation of Artificial Intelligence in autonomous ships, smart ports, and the vision outlined for Maritime India Vision 2030 and at key terminals such as JNPT and Adani Mundra, shifts the locus of liability in tort from human error to complex product and software liability. The maritime shipping industry’s use of ammonia and hydrogen as alternative fuels to decarbonise the industry will almost certainly pose new, unquantifiable risks, and thus, unparalleled underwriting challenges for underwriters in India. These risks are largely a function of unquantifiable fire and loss histories. The risks created by the decarbonised, unmanned shipping vessels and the extended use of unmanned aerial vehicles (drones) in the shipping sector will magnify the limitations posed by the Marine Insurance Act, 1963, the underwriting and indemnity legal canon of shipping which inscribed the legacy of the fossilised and manned shipping industry. To ensure a healthy Indian maritime environment that is still insurable in the age of unprecedented transitional change, it is therefore essential that Indian insurers, regulators technologists and lawyers work together to develop innovative insurance products, responsive underwriting programs, and new domestic legal frameworks that can provide certainty and clarity.294 views
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Strengthening Trademark Integrity on E-Commerce Platforms: The Promise and Gaps of Amazon Brand Registry
Student at St. Josephs College of Law Bangalore, Karnataka, IndiaPages 209 - 218The Amazon Brand Registry is a private internal policy implemented to protect the intellectual rights of the seller to showcase their brand in its truest form. From an intellectual property rights (IPR) perspective, the program represents a major step forward in the growth of a genuine marketplace which in a whole enhances trademark enforcement, improves listing accuracy, and creates an ecosystem where brand owners can protect and build their identity. This not only is a benefit to the sellers, but also to the buyers to purchase renowned products, which creates a fair Marketplace for both the buyers and the sellers. While on The Other hand there are other genuine sellers who do not fall under the purview of Amazon brand registry, which means that they don't hold any, registered intellectual property rights, which becomes difficult for such sellers to improve the genuineness of the brand which leads to reduced brand reach itself, lack of customer trust which affects the overall performance of a genuine brand that is not registered. Focusing on both the pros and cons of Amazon brand registry. This paper aims to understand both the perspectives of a brand registered seller and a non-brand registered seller also analyzing their reach, performance genuineity etc. and lastly, recommending few policy changes and implementations that Amazon needs to make keeping in mind the overall seller community that is currently contributing to the Growth of Amazon .Strengthening trademark integrity should not come at the cost of squeezing out genuine sellers who contribute to consumer choice and healthy market dynamics.173 views -
Role of the Judiciary in Regulating Medical Professions in India
Research Scholar at Department of Law, University of Calcutta, Kolkata, IndiaPages 219 - 227Judicial roles in India in regulating medical professions include defining medical negligence based on the duty of care a doctor owes, extending consumer protection that allows legal action for negligence, interpreting constitutional rights to encompass the right to health and informed consent, awarding compensatory damages for breaches of duty, enforcing criminal liability for gross negligence, and providing legal backing to the Code of Medical Ethics issued by the Indian Medical Regulatory Authorities. The study critically evaluates the role of the Indian judiciary in regulating medical professions with a few suggestions.242 views -
Law of Torts and its Different Mode: A Critical Analysis
Assistant Professor at Government Law College, Gopeshwar (Chamoli), Uttarakhand, IndiaPages 228 - 239From very early times in England, the King could not be sued in his own courts and the maxim that King can no do wrong was invoked to negative the right of a subject to sue the king for redress of wrongs. The rigor of the immunity however was relaxed by making a petition of right available to a subject for redress only in respect of certain wrongs relating to contract or property. In the beginning, even the procedure by way of petition of right was cumbersome until it was modified by the Petitions of Right Act,1860. But this act did not alter the law relating to torts. When the officer or servant who committed the torts was known and was impleaded as defendant in an action, the Crown and stood by him and met his liability. In many cases, however, it was not possible to fix the liability upon a particular servant or officer of the Crown. The Device therefore, of impleading as defendant any officer of the Crown and depending the action in his name was adopted. But this practice was condemned by the House of Lords in Adam’s v/s Naylor, which was followed later in Royster v/s Cavey. These Judgments gave the immediate provocation to revive the bill of 1927 relating to Crown proceedings and finally led to the passing of the Crown Proceedings Act, 1947. The Perception of Law of Torts in Ancient India being different from what it is today, it laid greater emphasis on duties rather than rights of person. In 14th century a simple procedure for administration for justice was adopted by the British king. Though there was no compartalisation of wrongs like crime, torts, breach of contract etc. the administration of criminal justice was solely vested with the King’s court and action for trespass and other wrongs of civil nature were to be adjudicated by the common law courts which were otherwise termed as the court of common pleas. This change in the common law procedure finds expression in the Latin maxim ‘Ubi jus ibi remedium’, which means where there is a right, there is remedy. In other words where there is right it cannot be without a remedy and where there is no right there is no remedy this has clearly been expressed by the maxim ‘injuria sine damnum’ and ‘damnum sine injuria’.206 views -
Goods and Services Tax and Constitutional Dimension in India
Research Scholar at Department of Law, University of Calcutta, Kolkata, IndiaPages 240 - 251The Goods and Services Tax (GST) in India represents a major indirect tax reform, rooted in significant constitutional changes introduced by the Constitution (One Hundred and First Amendment) Act, 2016. This landmark amendment fundamentally altered the fiscal authority of both the central and state governments, paving the way for the establishment of a unified national market. The implementation of GST reflects a critical advancement in the tax architecture in India, aimed at streamlining the taxation process and enhancing economic efficiency across the country. The study examines the impact of the aforementioned amendment in India.160 views -
Pages 252 - 275This research paper delves into the tapestry of developments and dissonances in judicial consistency in India, which is tightly interwoven with judicial ethics, political influence and partiality or unfairness. The Indian judiciary has always been subjected to criticisms due to the disparities that have been reflected in its judgments from time to time, resulting into distrust and skepticism over the justice delivery system. This paper examines existing literature, historical context and empirical data to investigate factors of developments that constitute judicial discrepancies. It further focuses on different perspectives in the context of legal positivism, critical legal studies and theory of independence of judiciary and its theoretical framework. This paper uncovers a complex web of factors influencing judicial decision-making processes by studying judicial ethics, political interference and biases within the Indian judiciary. The complexities faced by judges in maintaining ethical standards while dealing with political pressures while pronouncing judgments or reducing bias are further explored here. Using real-life cases, court records and other reliable sources such as legal databases, this paper scrutinizes situations that demonstrate instances of judicial discrepancy underpinned by political influences and biases. Among others, it highlights implications of judicial discrepancy for public trust and confidence in the judiciary making clear where there exists Judicial Discrepancy which thus calls for greater transparency during appointment of judicial officers.191 views
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Regulating Integrity: SEBI’s Evolving Role in Corporate Governance through LODR Reforms in the Digital Age
Advocate in IndiaPages 276 - 286In the wake of high-profile corporate failures and increasing market complexity, robust corporate governance has transitioned from a compliance formality to a strategic imperative for sustainable growth. In India, the Securities and Exchange Board of India (SEBI) serves as the cornerstone of this framework, particularly through its dynamic Listing Obligations and Disclosure Requirements (LODR) Regulations. This paper critically analyzes SEBI’s regulatory evolution, with a focused examination of key governance instruments such as Clause 35B (e-voting, shareholder engagement) and the revitalized Clause 49 (board composition, independent directors). Moving beyond historical precedents like the Satyam scandal, the study assesses SEBI’s response to contemporary challenges, including digital transformation, ESG (Environmental, Social, and Governance) integration, and recent corporate frauds. It argues that SEBI’s shift towards a principles-based, disclosure-oriented, and technology-enabled regulatory approach is crucial for fostering transparency, protecting investor interests, and maintaining India’s credibility in global capital markets. The paper concludes with recommendations for further strengthening the governance ecosystem in an era of algorithmic trading and stakeholder capitalism.220 views -
No Hierarchy of Remedies – Revisiting Section 128, ICA 1872: A Case Comment on Bank of Bihar v Damodar Prasad
Student at National Law School of India University, Bangalore, Karnataka, IndiaPages 287 - 291This judgment reinforces the principle that the liability of the surety is equal and immediate, not secondary or conditional upon creditor’s actions against the debtor. Readers should take away that a surety cannot escape liability by insisting that the creditor must first proceed against the principal debtor, as such a view would defeat the very purpose of the contract of guarantee, which is to protect the creditor against loss from default. This case also affirms the surety’s right of subrogation, ensuring that their interests are not left unprotected once they fulfil their obligation602 views -
Carbon Markets and Climate Justice in India: Legal Architecture, Compliance Challenges, and Equity Implications under the Carbon Credit Trading Scheme
Advocate in IndiaPages 292 - 309Carbon markets have emerged as a central policy instrument in global climate governance, aiming to reduce greenhouse gas emissions through market-based incentives. India’s Carbon Credit Trading Scheme (CCTS), introduced under the Bharatiya Nyaya Sanhita framework of climate action and energy transition, represents a major step toward institutionalizing a domestic carbon market. This abstract critically examines the evolving legal architecture of the CCTS, assessing its interaction with existing environmental laws, regulatory bodies, and compliance mechanisms. The analysis highlights how India seeks to balance economic growth with emission reduction commitments, including the transition toward mandatory sectoral caps and measurement, reporting, and verification (MRV) standards. At the same time, carbon markets raise complex questions of climate justice. The paper explores the equity implications for vulnerable communities, especially those dependent on land-based livelihoods, who could face disproportionate compliance burdens or exclusion from carbon revenue opportunities. It also evaluates transparency, accountability, and safeguard provisions to ensure that market benefits do not bypass local stakeholders. By situating India’s carbon market within broader global and domestic climate justice debates, this study identifies gaps in institutional design and recommends inclusive reforms to strengthen environmental integrity and social equity. The research concludes that the success of India’s carbon markets will depend on embedding justice-oriented principles into the operational framework of the CCTS.263 views -
Artificial Intelligence Regulation in India: An Urgent Need
Vice-Principal at K.C. Law College, Mumbai, University of Mumbai, IndiaPages 310 - 321Artificial Intelligence (AI) is the most deliberated topic across the world in today’s time. It is reshaping the educational, socio -economic and more specifically, the legal recourse. Indeed, it has reached and impacted our daily lives with not only enormous advantages but also several big and small disadvantages. Its role in the rapid technological advancement and innovation cannot be denied and it has a countless potential to make India a Viksit Bharat. However, even though AI has innumerable uses and advantages, the undesirable use of AI is a deep concern nowadays which requires an appropriate legal framework. It is high time to decide the liabilities and appropriate remedies for the misuse of AI. The existing laws and policies in India are not appropriate to maintain transparency and accountability due to biases and privacy concerns. Therefore, there is a vast gap between AI related misuse and legal measures in India. Hence, India needs to urgently enact appropriate laws to bridge the gap between damages caused by AI and legal remedies for the same. The basic aim and objectives of this research paper is to analyse the existing laws - how far do they address the misuse of AI and identify the specific gaps where laws are immediately required. Furthermore, the researcher will examine the legal framework of the European Union and the USA with respect to AI. After exploring the laws and the role of the judiciary in the aforementioned countries, the researcher would like to suggest measures for adoption of laws in India.188 views -
From Wolfenden to Supriyo: The Enduring Echo of the Hart–Devlin Debate in India’s Fight for Marriage Equality
LL.M. Student at South Asian University, New Delhi, IndiaPages 322 - 325The Supreme Court of India’s 2023 decision in Supriyo Chakraborty v. Union of India marks a pivotal moment in the constitutional discourse on marriage equality and judicial restraint. This paper situates the judgment within the enduring jurisprudential conflict between liberal individualism and legal moralism, tracing its intellectual lineage to the Hart–Devlin debate that emerged from the 1957 Wolfenden Report in the United Kingdom. By drawing parallels between H.L.A. Hart’s emphasis on autonomy, privacy, and the harm principle, and Lord Devlin’s defence of societal morality and institutional preservation, the paper demonstrates how these competing philosophies manifest within the majority and minority opinions of the Supriyo verdict. The analysis argues that while the Court affirmed a Hartian conception of liberty by recognising the constitutional right of queer couples to form intimate relationships grounded in dignity and autonomy, it simultaneously adopted a Devlin-esque remedial restraint by refusing to extend legal recognition to same-sex marriages. The majority’s reliance on statutory interpretation, historical understandings of marriage, and the doctrine of separation of powers reflects a commitment to preserving social institutions through legislative rather than judicial change. In contrast, the minority opinions advocate a transformative constitutionalism that views equality and liberty as requiring positive legal recognition, including the proposal for civil unions. By examining this judicial compromise—described as a “Hartian right with a Devlin-esque remedy”—the paper highlights the unresolved tension between constitutional morality and societal morality in India’s evolving democratic framework. Ultimately, the study argues that Supriyo exemplifies the limitations of judicial liberalism in the face of entrenched social institutions, raising broader questions about whether constitutional courts should merely protect individual freedoms or actively reshape the moral framework of society in pursuit of substantive equality.483 views -
Corporate Accountability and WTO Dispute Settlement
LL.M. Student at National University of Advanced Legal Studies, Kochi, Kerala, IndiaPages 326 - 330Global supply chains have worsened the problem of labour exploitation and human rights violations that are happening in parts of world, and the consumers are the farthest people from these places. As a response to this situation, countries have since used trade measures that are based on business and human rights standards such as mainly the UN Guiding Principles on Business and Rights (UNGPs). Nevertheless, the WTO system remains structurally state-centric and was not designed to control corporate behaviour. This work investigates the condition under which WTO judges may consider the UNGPs while assessing human rights-related trade measures. According to the paper, the UNGPs can in no case be considered as binding law in terms of WTO interpretation but rather may have a limited role as a contextual aid to shed some light on the objective, the organization, and the logical flow of such measures. This interpretive route accords the WTO with the latest regulations without it having to change its fundamental legal framework.908 views -
Humanizing Education in India: Legal and Economic Pathways to Holistic Development
Assistant Professor at Hidayatullah National Law University, Raipur, Chhattisgarh, IndiaPages 331 - 339The rise to dominance of standardisation, commodification, and market-oriented outcomes in education the humanistic and transformational essence and role of education have been affected, highlighting the necessity for rehumanization in the learning process. Against this backdrop, this paper aims to investigate and articulate the need for rehumanization in learning through an integrated framework of law and economics, specifically within the Indian context. The paper will demonstrate how and why the constitutional values and provisions, along with the legislative and legal framework, intersect and align to foster holistic and qualitative development and transformation. From a legal and conceptual perspective, the Indian Constitution, particularly through Articles 14, 15, 21, and 21A, acknowledges and affirms that the education is a fundamental right that is intrinsically linked to dignity and encompasses the pursuit and enjoyment of equality and justice within society. The enactment of the Right to Education Act in 2009 has provided a concrete and mandated expression of the constitutional vision and ideals, establishing a legal and binding framework that designates education as a public good rather than merely a market outcome or instrument. In addition to this rights-based framework, the National Education Policy 2020 is a significant step to promote normative transition towards a comprehensive, multidisciplinary, learner-centric education and is based on constitutional morality. Fram economics standpoint, the paper considers the RTE Act 2009 and NEP 2020 as two key measures of public investment in human capital and social capital. The RTE framework, through public financing, regulation of private participation, and focus on basic learning outcomes, solves issues of the market such as exclusion, inequality, and information asymmetry which are the causes of this market failure while NEP 2020, NEP 2020 through its emphasis on flexibility, skill integration, and lifelong learning in line with the changes in the labour market, promotes economic efficiency. The paper states that education systems can achieve equity through efficiency if laws that guarantee the right to education are supported by economically sound education policies. By incorporating human values into institutional design and resource distribution, RTE Act, and NEP 2020 collectively substantiate the demand to rehumanize education, thereby making it a tool for the all-round development of the human being, inclusive growth241 views -
Pages 340 - 351Mental health disorders represent a major global public health concern and are associated with substantial psychological, social, and economic burden. Alongside pharmacological and psychotherapeutic approaches, there is increasing interest in non-pharmacological, mind–body interventions that are safe, accessible, and cost-effective. Yoga Nidra (YN), often described as yogic or conscious sleep, is a guided meditative practice that induces a state between wakefulness and sleep while maintaining awareness. The present narrative review aims to synthesize available scientific literature examining the role of Yoga Nidra in mental health. A comprehensive literature search was conducted using PubMed, Scopus, and Google Scholar to identify peer-reviewed articles published over the last two decades that explored Yoga Nidra as an intervention. Narrative reviews, randomized controlled trials, clinical trials, mixed-method studies, and pre–post intervention studies were considered for inclusion. The selected literature was analyzed narratively to examine the effects of Yoga Nidra on psychological well-being. The reviewed studies suggest that Yoga Nidra practice is associated with reductions in stress, anxiety, depression, anger, and symptoms of post-traumatic stress disorder, along with improvements in sleep quality, emotional regulation, and overall well-being. Beneficial effects on cognitive functions such as attention, concentration, and memory have also been reported across different populations, including healthy individuals, students, women with menstrual disorders, and healthcare professionals. Preliminary evidence indicates that Yoga Nidra may influence psychophysiological and neurocognitive processes; however, the underlying mechanisms remain insufficiently explored. Overall, this narrative review highlights Yoga Nidra as a promising, non-invasive complementary approach for supporting mental health and psychological well-being. Nevertheless, methodological heterogeneity, small sample sizes, and limited objective measures emphasize the need for rigorously designed future studies to strengthen the existing evidence base.236 views
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Division of Intellectual Property in Divorce: Comparation of Cases in the World and Recommendations for Vietnam
Student at Hanoi Law University, VietnamPages 352 - 364This article contributes to the existing literature by clarifying the conceptual distinction between intellectual property ownership rights and the allocation of economic benefits derived therefrom upon divorce, a distinction that remains insufficiently developed in Vietnamese law. The analysis is examined through a comparative international perspective, and focuses exclusively on the statutory marital property regime. The article explores the treatment of intellectual property in divorce through a comparative analysis of two representative cases in New Zealand and in the Republic of Korea. These cases illustrate the contrasting approaches adopted by common law and civil law systems toward intellectual property created or exploited during marriage. As a civil law jurisdiction, Vietnam currently lacks a clear legal framework on the classification, valuation, and division of intellectual property in divorce, resulting in inconsistent judicial outcomes. By comparing these two models, the article identifies lessons relevant to Vietnam and proposes targeted reforms, including clearer differentiation between ownership rights and economic interests, contribution-based division mechanisms, and more practical valuation guidelines for intellectual property rights, such as copyright and trademark in divorce proceedings.703 views -
Pages 365 - 386This article critically analyses the heteronormative and patriarchal underpinnings of Indian rape laws, to persuade for a paradigm shift to gender-neutral and constitutionally compatible legislations. Despite the incremental broadening of rights provided under path-breaking decisions such as “NALSA v. Union of India (2014)” and “Navtej Singh Johar v. Union of India (2018)”, Section 63 of the Bharatiya Nyaya Sanhita, 2023, the definition of rape remains exclusively a crime that is committed by a man against a woman. By framing the definition of this offence as gender(S)-specific, such gender(S)-specific definition of the offence eo violates the constitutional guarantees of equality under Article 14 and dignity under Article 21 for it provides no protection to male, transgender and non-binary victims. Applying a doctrinal methodology, it examines legal texts, case law, treaty commitments, and comparative law from such jurisdictions as Canada, the United Kingdom, and Australia. It magnifies systemic issues, such as legislative, procedural, and infrastructural weaknesses, patriarchal myths, institutional bias, and the absence of comprehensive support. The document recommends a redrafting of Section 63 to make it gender neutral, in addition to systemic changes like extension of the Nirbhaya Fund to all survivors, gender neutral one stop centers and gender inclusive sex education through the National Curriculum Framework 2023. Finally, the research argues for a victim-centered lensall based on what I term constitutional moralityand one that foregrounds intersectionality and fair justice for all survivors of sexual violence, regardless of genderosity and sexual orientation.310 views
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Reassessing the Graphical Representation Requirement under Indian Trademark Law: A TRIPS-Compliant Approach to Non-Conventional Marks
Assistant Professor at Himachal Pradesh National Law University, IndiaPages 387 - 401To summarize, this investigation has outlined the advantages and disadvantages that the deletion of the graphic depiction requirement has generated and emphasized the requirement to adapt to evolving trademark practices, while still offering adequate protection resulting from newly developed types of trademarks. The paper majorly highlights the limitations of Indian trademark law, assesses the standard of "capable of graphical representation" for trademark registration under the Indian Trade Marks Act, 1999., and. It is also crucial to investigate the need to amend the Indian Trade Marks Act, 1996 to provide for the protection of Non-Conventional Trade Marks and bring out recommendations for legislative and judicial reforms relating to it.215 views -
Pages 402 - 413Artificial Intelligence (AI) has revolutionized numerous industries, transforming the way businesses operate and redefining the contours of innovation. As AI technologies continue to advance, they are increasingly being deployed in various sectors, including healthcare , finance, education, and transportation. However, this rapid growth has also raised critical concerns regarding data privacy, security, and ethical considerations. In India, the burgeoning AI industry has significant implications for legal professionals, policymakers, and developers. As AI systems increasingly collect, process, and analyze vast amounts of personal data, ensuring compliance with Indian data protection laws becomes paramount. The Indian government has taken steps to regulate data protection and privacy, with the Digital Personal Data Protection Act, 2023 (DPDPA) being a significant development in this regard. This paper provides an in-depth analysis of the legal obligations of AI developers in India, examining the current regulatory framework, emerging laws, and sector-specific regulations. It highlights the gaps in the current legal framework and the challenges developers face in ensuring compliance, with a focus on fostering trust and ethical AI practices. The paper also offers recommendations for AI developers, policymakers, and regulators to bridge the divide between innovation and legal compliance, ensuring that AI technologies are developed and deployed in a responsible and ethical manner.238 views
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Pages 414 - 432The State-led redevelopment has emerged as a prominent strategy in India’s urban transformation agenda, navigated through the pursuit of modernization, infrastructure upgrading, and competitiveness across the globe. However, these projects which ranges from redevelopment of slum and renewal of cluster to Smart Cities Mission interventions which have resulted in generating a different forms of gentrification that has helped in reshaping the urban space in different ways that has disproportionately led to disadvantage for low-income and marginalized communities. This research paper will try to examine on the state-led gentrification as a structural outcome of redevelopment policies, focusing on the legal frameworks, governance practices, and exploring socio-economic dynamics that has enabled displacement, spatial exclusion, and the reconfiguration of neighbourhoods. By drawing a doctrinal legal analysis, policy review, and case studies from Delhi, Mumbai, and Bengaluru, the study also demonstrates how the regulatory instruments like incentive-based FSI regimes, development control rules, public-private partnerships, and land value capture mechanism facilitates the entry of private capital into historically informal or low income settlements. While the main aim is to make “world-class city” and “urban renewal” which makes these projects frequently undermine constitutional guarantees provided for livelihood, housing, and participation. The paper will dive deep and shows that how resettlement practices often lead to socio-spatial fragmentation, economic vulnerability, and cultural displacement, reflecting a deeper tensions between growth-oriented planning and rights-based urban citizenship. By analysing the institutional, legal, and socio-economic consequences of this type redevelopment models, the research will try to put limelight on the need for a more equitable urban policy framework that helps in prioritizing the community participation, inclusion, and long-term social sustainability. The research paper put forth the valid argument that without a robust safeguards and accountable urban governance, state-led redevelopment will continue to generate a gentrification-led inequalities, questioning the transformative goals of India’s urban development agenda.208 views
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Exploring Protective Factors and Intervention Strategies for Mitigating the Long-term Impact of Child Sexual Abuse
Research Scholar at Devi Ahilya Vishwavidyalaya, Indore, M.P., IndiaPages 433 - 451This research paper delves into the issue of child sexual abuse (CSA) which is multifaceted in its sphere and is one of the core problems for society as a whole. In this paper, we are going to look at protective factors on the one hand, and the intervention strategies on the other side, which will be able to inhibit and curb the long-term and short-term impact of CSA. CSA is an unfortunate and pervasive type of child violation that includes multiple forms of sexual exploitation, grooming, threat and coercion, and appearance to sexual acts. Aside from the emotional and physical effects of childhood abuse, victims are also at a high risk of being re-victimized during their adulthood by having psychological disorders like drug abuse or moving towards being violent. . The study investigates the prevalence of CSA looks at the multifaceted approach, and how CSA impacts children’s lives. What can be done to curb this has also been highlighted in this paper with a holistic approach to be utilized in dealing with this complex problem., this work covers the topic of protective factors, including peer-to-peer education, professional practices, parenting strategies, and treatments, that help in the prevention and treatment of CSA. Moreover, the paper presents case studies and program evaluations to illustrate successful approaches, such as the Protecting Parents Across Communities (PPAC) program, which empowers non-English speaking communities to prevent CSA. Overall, this research contributes to a comprehensive understanding of CSA and offers practical insights for policymakers, practitioners, and advocates working to combat child sexual abuse and create safer environments for children. Generally, this study to an overall knowledge of CSA and implement recommendations to policymakers, professionals, and activists who work to fight child sexual abuse and have safe environments for kids.138 views -
The Duke of Westminster Principle is ‘Not Alive in its Own Soil’: Judicial Retreat in the UK and Statutory Displacement by GAAR in India
Student at Tamil Nadu National Law University, IndiaPages 452 - 462The characterisation of the Duke of Westminster principle as being “dead in its own soil” or as having had its “ghost exorcised” has been a recurring theme in Indian judicial discourse. The principle permits taxpayers to arrange their affairs so as to minimise tax liability, provided such arrangements are legally valid, and this form-based approach to tax avoidance has exercised considerable influence on tax jurisprudence in common law jurisdictions, including India. However, subsequent judicial developments and legislative interventions have raised significant questions regarding the continuing relevance of the Westminster principle, particularly in its country of origin and in jurisdictions that have adopted comprehensive anti-avoidance regimes. This paper examines whether the Duke of Westminster principle can indeed be regarded as “not alive in its own soil” by addressing three central aspects: first, the origin and legal reasoning underlying the Westminster principle. Second, its evolution and contemporary significance in the United Kingdom and third, its continuing relevance in Indian tax law in light of the General Anti-Avoidance Rule (GAAR). In doing so, the paper explores whether the principle continues to operate as a legitimate defence for taxpayers or whether it has been substantially curtailed by substance-oriented approaches to tax avoidance. The paper argues that the enactment and implementation of GAAR under Chapter X-A of the Income Tax Act, 1961 marks a decisive statutory shift, empowering tax authorities to disregard arrangements that lack commercial substance. It concludes that while the Westminster principle has not been formally overruled, its contemporary relevance in both the United Kingdom and India is confined to bona fide tax planning, with substance, legislative intent, and economic reality increasingly prevailing over legal form.238 views -
Are International Human Rights Violated by the Death Penalty?
Research Scholar at Babu Babu Jagjivan Ram Institute Of Law, Bundelkhand University, U.P., IndiaPages 463 - 474The Nuremberg Trials are regarded as one of the most historical events in the history of modern international law. They represented a radical shift towards a paradigm whereby the liability of wartime behaviour was held mostly at the state level to the one that focused on individual criminal responsibility of the gravest offenses perpetrated throughout the Second World War. The trials were carried out by the International Military Tribunal (IMT) between 1945 and 1946, as a response to the earlier failures of accountability, especially the Treaty of Versailles and the Leipzig Trials, which were both ineffective in bringing major perpetrators to justice after the First World War. With the London Charter, the Allied Powers created new legal categories that previously were not formally codified, such as crimes against peace, war crimes, and crimes against humanity. The Charter also denounced the old sorts of defence like obedience to higher authorities and confirmed that, the political leaders, military officers and heads of state were personally liable in accordance with international law to their acts. However, the Nuremberg Trials, though historically significant, were not uncontroversial. There were critics who said that the process was a kind of justice of the victors, cited selectivity in prosecution, and noted the lack of a permanent appellate process. However, the trials established an intellectual and legal foundation to later international legal frameworks, such as the Genocide Convention (1948), the Universal Declaration of Human Rights, the Geneva Conventions of 1949 and, ultimately, the Rome Statute that established the International Criminal Court. The trial of Admiral Karl Dönitz exemplifies the subtle nature of the Tribunal. Although he was cleared of conspiracy charges, he was found guilty of other crimes, a fact that supports the concept of responsibility that lies on individual behaviour instead of rank or position. All in all, the Nuremberg Trials transformed the world of international law because it introduced human rights safeguards and created a lasting doctrine that no one, no matter his/her position or power, can escape the law of international justice.192 views -
The Business Judgment Rule in Corporate Governance: Balancing Director Discretion and Accountability Under the Companies Act
LL.M. Student at Symbiosis International University, Pune, Maharashtra, IndiaPages 475 - 485The Business Judgment Rule (BJR) shields directors from liability for well-informed and good faith decisions balancing significant managerial discretion and responsibility. The paper contrasts the use of this model in US, UK and India with their minimum ownership and governance requirements. In US law under Delaware, a strong presumption known as the business judgement rule (BJR) was afforded to the directors in order to take risks and be fair in the conflicted transactions. After Enron, this strong presumption is demonstrated to be strong by the courts. No codified standard exists in the UK but includes standards having the same goals. This is achieved by the Companies Act 2006 setting out objective and subjective obligations of care. It thus puts the role of administration and other parties into context. It also balances discretion and accountability which is essential in structures of concentration of ownership. India's business judgement rule (BJR) is uncoded. This is evident from the judicial deference to directors decisions. And the limitation of statutory relief through the Companies Act provisions, 2013. But the procedural hurdles and non-uniform interpretation and application have a leaning towards tighter accountability. Likely to deter directors from acting in ambiguity. The United States had more discretions while more balance was present in the United Kingdom. The Indian regimes were more accountable compared to others. The paper demonstrates that the bias of hindsight is still something with which people have to grapple. BJR regimes must adapt to emerging environmental and social governance expectations.226 views -
The Right to Education of Rohingya Refugee Children in Bangladesh: A Critical Legal Literature Review
Student at Department of Law, Shanto-Mariam University of Creative Technology, Dhaka, BangladeshPages 486 - 499The protracted displacement of Rohingya refugees in Bangladesh has produced one of the most severe educational crises for refugee children in the contemporary world. Despite international legal guarantees recognising education as a fundamental and non-derogable right of the child, Rohingya children remain excluded from formal, accredited education systems. This article undertakes a critical legal literature review to analyse how international refugee law, international human rights law, and humanitarian governance intersect to shape this exclusion. Drawing on scholarly literature, international legal instruments, policy reports, and interdisciplinary research published between 2017 and 2025, the article argues that the denial of formal education is not merely an administrative failure but a structurally embedded form of rights deprivation. The review identifies key conceptual frameworks such as temporariness, containment, and the state of exception and examines their legal and psychosocial consequences. It concludes that existing humanitarian education models fail to meet international legal standards and recommends a shift toward rights-based, certified, and participatory educational frameworks consistent with Bangladesh’s international obligations.262 views -
From Colonial Legacy to Constitutional Challenge: A Comparative Review of Law of Sedition in India, UK, US and Australia
Assistant Professor at Al Azhar Law College, Thodupuzha, Idukki District, Kerala, IndiaPages 500 - 507The offence of sedition is one of the significant issues of discussion in this contemporary era. Earlier this provision was incorporated under section 124-A of Indian Penal Code, 1860 during the colonial era to supress freedom movements against colonial ruling. But this provision existed in our penal legislation even after decades of independence. Later on, a need for its repeal or amendments were raised, even the apex court suggested for its change. When BNS was enacted in 2023, the old provision was enumerated under section 152 of BNS. But its analysis infirm that these two sections convey to different significant offences against states. This study intent to analyse in depth the concept of sedition under Indian law and its comparative analysis with sedition laws of UK, US and Australia.261 views -
The Impact of International Commitments on Women’s Rights in India: An Analysis of Progress and Persistent Challenges
Advocate in IndiaPages 508 - 524India has undertaken significant international commitments to promote and protect women’s rights through instruments such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Beijing Declaration and Platform for Action, the International Covenant on Civil and Political Rights (ICCPR), and the Sustainable Development Goals (SDGs). These global frameworks have influenced India’s constitutional, legislative, judicial, and policy responses towards gender equality. Despite these commitments, women in India continue to face persistent challenges in education, healthcare, economic participation, political representation, and protection from gender-based violence. This paper critically examines the impact of international commitments on women’s rights in India by analysing legislative reforms, judicial interventions, policy initiatives, and advocacy efforts undertaken in response to global obligations. It explores key developments such as gender-sensitive legislation, landmark judicial pronouncements, political reservations, educational initiatives, economic empowerment schemes, and reproductive health policies. At the same time, the paper highlights enduring implementation gaps arising from socio-cultural barriers, inadequate enforcement mechanisms, and institutional limitations, particularly affecting rural and marginalised women. The paper underscores the role of civil society and international accountability mechanisms in advancing women’s rights and argues for sustained, context-sensitive strategies, strengthened institutional frameworks, and effective enforcement to achieve substantive gender equality and women’s empowerment in India.327 views -
An entrepreneurial ecosystem significantly contributes to a country’s economic development by fostering an environment that enables the creation, growth, and sustainability of new ventures. Such an ecosystem provides entrepreneurs with critical resources, including financial capital, accessible markets, supportive regulatory frameworks, and advanced technological infrastructure. Together, these elements enhance the capacity of entrepreneurs to innovate, compete, and scale their businesses, thereby strengthening overall economic performance. However, the effectiveness of an entrepreneurial ecosystem is limited if inclusive growth is absent, as unequal access to opportunities restricts the participation of diverse groups in entrepreneurial activities. This study analyzes how artificial intelligence (AI) and digital literacy function as critical enablers of equitable entrepreneurial development, while emphasizing the interdependent roles of Quadruple Helix actors—government, industry, academia, and civil society. The study synthesizes theoretical perspectives to explain how AI-driven tools can expand opportunity structures, improve resource access, and foster innovation, provided that entrepreneurs possess sufficient levels of digital literacy. The analysis highlights that inclusive growth is most effectively promoted when Quadruple Helix actors engage in coordinated efforts to strengthen digital skills, enact supportive regulatory environments, and cultivate socially responsive innovation systems. The study concludes that the synergy between AI-enabled empowerment and governance strengthened through digital literacy is essential for developing resilient, inclusive, and future-ready entrepreneurial ecosystems.232 views
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Impact of Industrialization on Human Health in India: A Legal Analysis
Research Scholar at SNIL, SOA Deemed to be University, Bhubaneswar, Odisha, IndiaPages 542 - 561Industrialization denotes the shift of an economy from an agriculture-based system to one driven by large scale industries, mechanized production, and Technological process. In India, this transition has played a vital role in economic growth, employment, creation and infrastructural development. At the same time rapid industrialization expansion has post serious challenges to human health, largely due to environmental pollution, unsafe working conditions, and ecological degradation. This paper examines the legal implications of industrialization on public health in India by analysing major statutory frameworks such as Environment (Protection) Act, 1986, the Factories Act, 1948, and the Air and Water (Prevention and Control of Pollution) Acts. Although India possesses an extensive environmental and labour law regime, persistent concern remains regarding ineffective enforcement, overlapping regulatory authority, inadequate monitoring mechanisms, and Limited public participation. The study also assesses, the role of regulatory bodies like the central Pollution Control Board (CPCB), judicial interpretation of the right to a clean and healthy environment under article 21 of the constitution, and the contribution of law enforcement agencies in curbing industrial non- compliance and corporate negligence. Based on an analysis of statutes, judicial decisions, and policy frameworks, the paper underscores need for comprehensive reform to achieve sustainable industrial growth without compromising public health. It advocates for stronger legal accountability, improved coordination among regulatory Institutions, greater integration of public health considerations into industrial policy making, and enhanced participatory governance. The paper concludes with practical recommendations, aimed at strengthening legal safeguards, increasing institutional transparency, and restoring public confidence in environmental and occupational health governance systems.242 views -
Pages 562 - 571This paper examines the rationale and economic implications of capital gains tax exemptions under Sections 54 to 54GB of the Indian Income Tax Act, 1961. By analyzing provisions related to residential property, agricultural land, industrial undertakings, specified bonds, funds, and special economic zones, the study highlights how these exemptions serve as instruments of public policy to promote housing, agriculture, infrastructure, startups, and balanced regional development. The paper argues that such exemptions are designed to channel investments into priority sectors, stimulate GDP growth, generate employment, and address socio-economic challenges such as land fragmentation, urban migration, and rural industrialization. Through statutory analysis and case law references, the study concludes that capital gains exemptions play a strategic role in shaping economic behavior and fostering long-term development.161 views
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Pages 572 - 580The process of examining and evaluating transactions on a blockchain in order to monitor the flow of money and identify illicit activity is known as blockchain forensics. Blockchain forensics can alternatively be called blockchain intelligence or blockchain analytics. As virtual asset markets have grown, so too have blockchain-enabled crimes such as ransomware payments, exchange and bridge hacks, investment frauds, darknet transactions, and sophisticated money laundering. Thus the paper examines the role played by the blockchain forensics to bridge the gap between pseudonymous on-chain activity and real-world identification, especially by identifying "choke points" where criminals interact with identifiable infrastructure or regulated intermediaries like exchanges, custodians, and payment processors. It also delves into techniques which constitute blockchain forensics, and how do they support investigation and asset recovery and the governance practices which make blockchain forensic outputs legally robust. Then the paper also examines whether blockchain records are valuable as evidence and the evidentiary framework for proving blockchain trails across disputes.376 views
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A Comparative Analysis of Design Infringement under The Designs Act, 2000: Casio Vs. Nexus32 & Whirlpool Vs. Videocon
Advocate in IndiaPages 581 - 588This case analysis examines two landmark design infringement disputes under the Designs Act, 2000: Casio Keisanki Kabushiki Kaisha vs. Riddhi Siddhi Retail Venture (2023) and Whirlpool of India vs. Videocon Industries (2014). Both cases involve alleged piracy of registered designs—a musical keyboard and a washing machine, respectively—yet present distinct legal arguments concerning novelty, registration validity, and infringement by registered proprietors. The analysis delves into key provisions such as Sections 4, 19, and 22 of the Designs Act, exploring judicial interpretation of “novelty,” “prior publication,” and “any person” in infringement proceedings. The paper also traces jurisprudential evolution over nine years, highlighting how courts assess similarity, originality, and the interplay between cancellation and infringement defenses. The findings underscore the critical role of novelty in design protection and the judiciary’s evolving approach to balancing statutory interpretation with equitable outcomes.213 views -
From Resistance to Recognition: India’s Evolving Approach to the Enforcement of Foreign Arbitral Awards
Student at Amity Law School, Amity University Punjab, IndiaPages 589 - 600The enforceability of arbitral awards is central to the credibility of international commercial arbitration. While arbitration offers a private and efficient mechanism for dispute resolution, its effectiveness ultimately depends on the ability of national courts to recognise and enforce arbitral outcomes. This paper examines India’s legal framework governing the enforcement of foreign arbitral awards, with particular emphasis on its alignment with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958. The study traces the evolution of international enforcement mechanisms from the restrictive Geneva regime to the pro-enforcement philosophy of the New York Convention, highlighting how these global developments have shaped India’s arbitration law. It analyses the statutory scheme under Part II of the Arbitration and Conciliation Act, 1996, focusing on Sections 44 to 49, which regulate the recognition and enforcement of foreign arbitral awards in India. The paper critically examines the conditions and limited grounds for refusal of enforcement, especially the scope and interpretation of the public policy exception. A significant part of the analysis is devoted to the judicial approach of Indian courts, particularly the transition from pre-BALCO interventionist practices to the post-BALCO emphasis on territoriality and minimal judicial interference. Through an examination of key judicial decisions, the paper highlights India’s gradual shift towards a pro-enforcement stance consistent with international arbitration norms. At the same time, it identifies persistent practical challenges, including procedural delays and execution-stage hurdles, that continue to affect the effectiveness of enforcement. The paper concludes that while India has made substantial progress in aligning its enforcement regime with global standards, the success of this framework ultimately depends on consistent judicial restraint and efficient implementation.188 views -
Understanding Consumer Behaviour through Neuromarketing: An Integrative Review of Neuroscience and Marketing Practices
Student at R.A Podar College of Commerce and Economics, IndiaPages 601 - 616Neuromarketing has evolved as a new and important area of research, integrating neuron science studies with consumer behavior studies. This field examines how the subconscious influences consumer decision-making. Most traditional marketing research, conducted through self-reporting, lacks access to the subconscious activities of consumers. This paper will discuss the development, use, and implications associated with neuromarketing through a compilation of literature available on this subject, and also through a discussion on important case studies. Earlier studies have emphasized the use of tools like electroencephalography, functional MRI, and eye-track analysis, which use neuron science to measure attention, emotions, memory, and sensory engagement. This report also evaluates major brands such as Amul, Coca-Cola, Miniso, Zara, and Adidas to illustrate the effective application of neuromarketing concepts in real-life business situations. These examples help understand the impact of storytelling, sensory, humor, novelty, scarcity, and association on consumer perception, brand recall, and sustained brand loyalties. The results show that effective neuromarketing techniques can be applied irrespective of the latest technological advancements but through the creation of an emotional connect. There are also discussions on the ethical implications, especially in the context of consumer susceptibility and responsible marketing communications. This report concludes that neuromarketing, when properly applied from an ethical perspective, is an effective approach in devising consumer-centric marketing programs in sync with the natural workings of the human brain, and it adds to the efficacy of brands and consumer trust.200 views -
E-Waste Management in Hyderabad’s Higher Educational Institutions: Policies, Practices and Impact
Assistant Professor at IFHE, Telangana, IndiaPages 617 - 641The electronic waste and its management is a global problem and the concern towards the proper management in view of environmental protection is to be given top priority. In 21st century, the information and communication revolution brought enormous changes in lives, economies, industries and institutions. The rapid expansion of technology and digital infrastructure in higher educational institutions has led to a significant increase in electronic waste generation. Hyderabad, as a hub of education and technology, faces unique challenges and opportunities in managing e-waste responsibly. This article explores the current practices, challenges, and potential solutions for effective e-waste management in higher educational institutions in Hyderabad. The study highlights the sources of e-waste, current disposal practices and reveals gaps in awareness, infrastructure, and regulatory compliance. The research emphasizes the need for comprehensive policies tailored to educational institutions, focusing on sustainability and adherence to e-waste management regulations. It suggests measures such as implementing awareness programs, establishing e-waste collection centres, adopting green procurement policies, and fostering collaborations with government-authorized recyclers. By adopting these strategies, higher educational institutions in Hyderabad can play a pivotal role in promoting environmental sustainability and setting an example for responsible e-waste management practices. This article serves as a call to action for policymakers, educational administrators, and stakeholders to work collaboratively toward a cleaner, greener future.192 views -
Pages 642 - 661In India, sedition has historically been portrayed as a constitutional quandary, balancing the imperative to safeguard the state against the fundamental entitlement to free speech. The offence, enshrined in Section 124A of the Indian Penal Code (IPC), has been widely criticized as a colonial mechanism for silencing criticism. The introduction of the Bharatiya Nyaya Sanhita (BNS) has led to a reconfiguration of the legal regime surrounding offences against the State, prompting integral inquiries into whether these reforms efficiently address or merely sustain the prevailing conflicts. This paper reflects a comparative analysis of the transition from IPC to BNS, evaluating its constitutional inferences in the context of Article 19(1)(a) and pertinent judicial interpretations. This study employs doctrinal and comparative methodologies to analyse cases, statutory provisions, and international comparisons, aiming to ascertain if the BNS represents substantive reform or merely a persistence of existing rhetoric. The research emphasizes the continuing challenge of reconciling free expression with national integrity, highlighting the potential misuse when definitions are ambiguous. By analysing India’s developing sedition framework within an extensive democratic landscape, the paper underlines the pressing necessity for unambiguous legislation and enhanced judicial scrutiny. The assertion is made that India can only strike a balance between its constitutional obligation to uphold free speech and the claims of state sovereignty through the implementation of meticulous safeguards.324 views
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Pages 662 - 673This paper aims to examine the prevalence of white-collar crime in India, its evolution over time, and its impact on the economy and society. White-collar crime denotes financially motivated, nonviolent actions perpetrated by those in positions of authority or trust. Although it has always existed in India, there has been a notable increase in recent years, leading to considerable economic losses and erosion of public confidence. This study seeks to understand the effect contributing to the rise of white-collar crime, its influence on the Indian economy, and its societal implications through a literature review and data analysis. The paper also discuss viable laws to mitigate this form of crime and foster ethical corporate practices.174 views
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Pages 674 - 684This paper critically examines Plato’s theory of justice as articulated in The Republic, focusing on its jurisprudential and philosophical foundations. It analyses Plato’s conception of justice as a principle of harmony, operating both within the individual soul and the structure of the ideal state, where each part performs its proper function. The paper evaluates the central role of the philosopher-king, whose authority is grounded in reason, moral knowledge, and an understanding of the Form of the Good, and examines how this model of governance seeks to align political power with ethical responsibility. The paper further explores the significance of education as a mechanism for cultivating just individuals and competent rulers. While acknowledging the coherence of Plato’s ideal of justice, the paper critically engages with major objections relating to idealism, rigid class structures, and the potential for authoritarian governance. It concludes by assessing the continued relevance of Platonic justice in contemporary legal, ethical, and political discourse, particularly in debates concerning moral leadership and the purpose of law.266 views
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Platform Accountability in E-Commerce: Interlinking IP Liability, Counterfeit Goods, and Consumer Refund Rights
LLM Student at Tamilnadu DR. Ambedkar Law University, School of Excellence in Law (SOEL), Chennai, Tamilnadu, IndiaPages 685 - 698The global expansion of digital commerce has transformed the global consumer behavior and also accentuated complex questions of accountability of e-commerce platforms particularly within the overlapping domains of intellectual property (IP) liability, counterfeit trade, and consumer refund rights. This doctrinal study critically examines the legal and conceptual foundations that regulate platform responsibility for unlawful conduct by third-party sellers. Utilizing a comprehensive and comparative legal analysis, it investigates how diverse statutory frameworks such as the EU E-Commerce Directive, the US Digital Millennium Copyright Act, and China’s E-Commerce Law, conceptualize the liability of intermediary platforms through standards of knowledge, control, and active participation. The study elucidates how these standards intersect with issues of contributory infringement and consumer protection in digital marketplaces and analyze how different regimes shape accountability and consumer trust. In analyzing the proliferation of counterfeit goods, the research interrogates prevailing doctrines of strict and vicarious liability alongside evolving policy mechanisms that aim to reconcile enforcement efficacy with technological feasibility. It further highlights the fragility of consumer refund systems in cross-border transactions, where jurisdictional differences often undermines redress and deterrence. Through a comparative and normative lens, the paper identifies structural divergences between legislative and self-regulatory models, including proactive monitoring obligations and algorithm based moderation. Significant research gaps persist in defining the threshold of ‘active’ platform involvement, assessing algorithmic accountability, and achieving regulatory coherence across jurisdictions. This study concludes by advocating for a harmonized, interdisciplinary approach that integrates doctrinal clarity, regulatory precision, and technological innovation to ensure equitable accountability and enhance consumer and IP protection within the global e-commerce ecosystem.340 views -
Pages 699 - 708India is the largest democracy in the world. Elections are the most integral and important part of politics in a democratic system of governance. True democracy can function only when elections to the offices of power are held in a free and fair manner. The issue of electoral reforms is a very important and often-heard topic in Indian Polity. Elections are vital as they always decide who finally will be representing the people in a democracy. In a democracy, an electoral system converts votes into seats, allowing for the election of a government by the people. In the presidential election in the United States, a candidate must win the total number of seats, also known as Electoral College votes, rather than the total number of votes cast nationwide. Initially, the political system of India, it received from the Britishers in 1947 had number of flaws. The establishment of a stable political system, which included the simulation of an electoral process, was one of the primary issues. The United States, like India, uses the First Past the Post (FPTP) System., which is a British legacy, is also used in India. However, Dr. B. R. Ambedkar and the other constitution authors chose it over other existing election systems as the best system for a country like India. In FPTP system. Regardless of the number of candidates running, the person who receives the most votes wins, even if the margin is only one vote.1,316 views
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Autonomy, Choice and Law: A Study into the Evolution of Reproductive and Allied Rights in India with a Comparative Analysis
Student at Narsee Monjee Institute of Management Studies, Bengaluru, Karnataka, IndiaPages 709 - 722India’s reformative journey has witnessed a steady increase in the sphere of legal and social reforms, aimed at enhancing the living standards of women from the traditional and patriarchal structures that confined their choices and freedoms, to a more affirmative society that seeks to uphold and assert their dignity and bodily autonomy. This trajectory has gradually evolved towards the realm of reproductive health and allied rights that represent an integral part of human rights, forming the cornerstone of human dignity and autonomy. Statutory enactments such as the Medical Termination of Pregnancy (Amendment) Act, the Surrogacy (Regulation) Act, amongst several others, indicate the multifaced endeavours by our country to not only re-affirm women’s reproductive rights, but also to regulate the proliferation and challenges posed by the technological landscape and their impact on assisted reproduction. The central objective of this paper is to explore the evolution of reproductive rights in India while also analysing and examining the statutory and judicial pronouncements that have shaped women’s autonomy over their choices. It underscores how these frameworks have been drafted, amended and interpreted within the patriarchal social context, while also inquiring into their limitations, challenges and potential to undermine the dignity and fundamental rights of women. The paper further delves into the comparative jurisprudence with that of the United States to trace how women’s rights over their reproductive choice abruptly shifted from a liberal to a more prohibitive approach.210 views -
Surrogacy has become now a days a more frequent phenomena than ever before in the history of mankind. It can be due to several reasons such as advances in medical technology, especially in assisted reproductive techniques (ARTs) like IVF, which has made the process more accessible and successful. Apart from heterosexual couples, social attitudes toward different family structures have also become more acceptable encouraging single individuals and same-sex couples to pursue parenthood through surrogacy worldwide. The success of surrogacy choices are also due to rising infertility rates, often linked to lifestyle changes, medical conditions of the woman and delayed parenthood or practice of late marriages choices which have increased the demand for alternative reproductive options with genetic links for more emotional and genetic bonds. To support this largely prevalent practice legal frameworks in many countries have also evolved to support and regulate surrogacy, making it a safer and more organized process. Therefore in this article the author will try to analyze the meaning of surrogacy, why it is needed, surrogacy in the ancient period in the different parts of the world, surrogacy in modern world and the analysis of surrogacy laws of India which was recently enacted in 2021 and their rules in 2022 which does not permit surrogate child for single persons and LGBTQs.172 views
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DNA Testing, Legitimacy, and the Constitutional Protection of Childhood in India
Advocate in Kolkata, IndiaPages 738 - 741The growing reliance on DNA testing in family law disputes has raised significant constitutional and ethical concerns within the Indian legal system. While DNA profiling offers near-conclusive evidence of biological parentage, its indiscriminate use threatens the presumption of legitimacy embodied in Section 112 of the Indian Evidence Act, 1872, reaffirmed under the Bharatiya Sakshya Adhiniyam, 2023. Indian courts have increasingly been required to balance scientific accuracy against the rights to dignity, privacy, and identity guaranteed under Article 21 of the Constitution, particularly in cases involving children. This paper examines the judicial approach to DNA testing in paternity and legitimacy disputes, focusing on key decisions of the Supreme Court of India and select High Courts that have shaped a child-centric and constitutionally restrained framework. It argues that Indian courts have consciously limited forensic intrusion in civil and matrimonial proceedings to prevent social and psychological harm caused by questioning a child’s legitimacy. The paper further highlights the judiciary’s insistence on strict proof of non-access before permitting DNA testing, thereby preventing the misuse of scientific tools to establish adultery or evade parental responsibility. The study concludes that Indian jurisprudence prioritizes constitutional morality and the sanctity of childhood over genetic determinism, ensuring that scientific truth does not eclipse legal justice.381 views -
Pages 742 - 755The regulatory landscape and corporate governance have been drastically changed by the rapid uptake of digital technology. Artificial intelligence, data-driven business models, and financial technology have all improved market competitiveness and operational efficiency while also posing new legal and regulatory issues. The application of artificial intelligence, the enforcement of data protection laws, and the growth of FinTech ecosystems all give rise to new corporation law concerns that are critically examined in this essay. Concerns like data privacy, algorithmic transparency, corporate responsibility, cybersecurity threats, and regulatory compliance receive special emphasis. The analysis finds regulatory loopholes that could jeopardize stakeholder protection and evaluates how well the current legal frameworks handle these issues. It emphasizes even more how important it is to have flexible, technology-neutral legal frameworks that support innovation while defending moral principles, consumer interests, and systemic stability. By providing insights into the changing role of company law in regulating digital transition, the study advances current legal scholarship.325 views
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Case Comment on EMS Namboodripad v. T.N. Nambiar
Guest Faculty at ICREP, Cochin University of Science and Technology, Kerala, IndiaPages 756 - 761The fine line between Contempt and freedom of speech has been tested time and again, and the interpretation of reasonable restrictions of freedom of speech and expression while dealing with such cases by the judiciary has always been noteworthy. With the sudden boom in the use of cyberspace and particularly social media platforms, the number of contempt cases is now increasing. Judiciary, being the guardian of the Constitution, plays a crucial role and if the balance between A.19 (1) and 19 (2) is not properly kept, this can have a chilling effect on free speech. Thus, how sensitively the Judiciary deals with contempt cases is relevant, especially when such cases are increasing. In such a backdrop, this article will be a case comment on one of the landmark decisions on Contempt of Court.168 views -
The Evolving Jurisprudence of Animal Rights in India
Assistant Professor at Department of Law, D.A.V. (P.G.) Degree College, Muzaffarnagar, Uttar Pradesh, IndiaPages 762 - 771The discourse of animal rights has been gaining currency within the rights canon as a result of sustained advocacy, activism and learnedness. Emerging from a commitment to justice for animals, the exponents view animal rights as a corollary of human rights. This research paper examines the complex and multifaceted notion of animal rights in India. It argues that India possesses a unique and robust legal framework for animal protection, deeply rooted in its ancient cultural and religious ethos of Ahimsa (non-violence) and the constitutional duty of compassion. However, a significant gap persists between the de jure strength of these laws and their de facto enforcement, undermined by societal apathy, institutional failures, and competing economic interests. The paper begins by exploring the philosophical and historical foundations of animal welfare in Indian thought, tracing its evolution from ancient texts to the pre-colonial and colonial eras. It then provides a detailed analysis of the contemporary legal architecture, including constitutional mandates, the cornerstone Prevention of Cruelty to Animals Act (1960), wildlife protection laws, and a series of groundbreaking judicial pronouncements that have expanded the scope of animal rights. The paper further investigates the stark challenges in implementation, citing specific case studies and areas of concern like animal agriculture, entertainment, and stray animal management. Finally, it concludes by evaluating recent judicial trends and proposing recommendations for bridging the enforcement gap to realize a more compassionate and legally secure existence for animals in India.194 views -
Pages 772 - 781Health and life insurances are governed by the fundamental doctrine of Utmost good faith (uberrimae fidei). The principles requires parties to a contract to ensure absolute honesty by disclosing all the material facts required for risk assessment. The disclosure requirement becomes more stringent in case of insurance contracts as the other party faces the problem of information asymmetry due to the inherently personal nature of the information. This research paper critically analyses the evolution, application and the modern challenges put forth by the doctrine in Indian insurance market. It recognises that while the doctrine of utmost good faith requires transparency and fairness, practical application of the doctrine entirely faces hurdles due to unawareness of consumers, asymmetry in information and the prevalence of standard form of contracts in India. Indian judiciary through its judgements have shifted the burden of proof on the insurers in case of non-disclosure or misrepresentation in order to protect the vulnerable policyholders. The paper deals with the relevant regulatory framework in India including the Indian insurance act, 1938 and other regulations issued by Indian insurance regulatory and development authority. It further incorporates the changes brought by the 2015 amendment. Moreover, The paper argues that systematic widespread of misinformation and complex languages of the contracts undermines the efficacy of the doctrine. The paper advocates a balanced approach by bringing legal precedents, regulatory vigilance, accountability of insurer and enhanced protection for the consumers. Thus, it aims to foster an equitable insurance sytem where transparency, trust and fairness underpin the social welfare functions of Insurance in India.1,185 views
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Pages 782 - 790Despite the legal safeguards introduced by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) sexual harassment continues to be a largely underreported issue in Indian workplaces. This research paper critically examines the causes behind this persistent underreporting by combining doctrinal legal analysis with the empirical evidence obtained via Right To Information (RTI) queries and a proper online survey administered on 200 working professionals both men and women from various sectors across Delhi and many other states . This paper studies the legal barriers that discourage many victims from not reporting such instances and it reveals that a combination of legal inadequacies, social conditioning, institutional indifference and fear of retaliation leads to the silencing of victims. It analyzes the gaps in awareness, trust in enforcement and redressal mechanisms which are available there. The paper concludes with targeted recommendations focused on policy reform, institutional accountability and social change aimed at improving complaint mechanisms and empowering survivors to come forward and sensitization of the issue as well.180 views
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Penalty Structure Reform: Aligning Greenwashing Fines with Corporate Profit Margins and Creating Genuine Deterrence
Research Scholar at Chanakya National Law University, Patna, IndiaPages 791 - 811Greenwashing, the deliberate misrepresentation of corporate environmental practices, represents a critical market failure that undermines investor confidence, distorts capital allocation, and impedes the global sustainability transition. Despite emerging regulatory frameworks across major jurisdictions, current penalty structures fail to achieve meaningful deterrence because fines remain systematically below the economic benefits derived from deceptive environmental claims, rendering non-compliance a rational profit-maximizing strategy. This paper examines the structural inadequacies of existing greenwashing penalties through economic deterrence theory, comparative regulatory analysis, and empirical case studies. We demonstrate that current enforcement mechanisms, characterized by fixed statutory caps or revenue-based penalties disconnected from corporate profitability, function as negligible “costs of doing business” rather than genuine deterrents. The paper advances a comprehensive reform framework centered on profit-aligned penalty structures that incorporate: mandatory disgorgement of unjust enrichment calculated through rigorous econometric methodologies; culpability multipliers addressing detection probability and violation severity; enhanced detection certainty through real-time audit protocols; and expanded private enforcement mechanisms. Implementation of these reforms would eliminate the current arbitrage opportunity wherein environmental deception generates net positive returns, thereby realigning corporate incentives toward genuine environmental compliance rather than performative sustainability messaging.135 views -
Pages 812 - 821This research paper offers a legal and human rights-based analysis of the systemic gaps in implementing the Right to Education (RTE) in India. Education, acknowledged as a catalyst for personal empowerment and national progress, was made a fundamental right under Article 21A of the Constitution through the 86th Constitutional Amendment Act, 2002. The paper traces the historical trajectory of educational reforms, highlighting key developments such as the Sarva Shiksha Abhiyan, and landmark Supreme Court judgments in Mohini Jain and Unni Krishnan, which laid the foundation for the Right of Children to Free and Compulsory Education Act, 2009. The RTE Act’s core provisions including free and compulsory education for children aged 6–14, a 25% reservation in private unaided schools for disadvantaged groups, infrastructure norms, and child-centric pedagogy are critically examined. Amendments in 2012 and 2019 are also discussed, along with persistent challenges in implementation, such as inadequate infrastructure, teacher shortages, poor learning outcomes, and regional disparities. The role of judicial activism in interpreting and enforcing the right to education is highlighted as a crucial force in shaping state accountability. The paper also analyses the New Education Policy (NEP) 2020, which aims to reform the educational landscape through multilingual education, early childhood care, flexible learning paths, and an expanded definition of compulsory education. While these measures are progressive, the research reveals that systemic barriers continue to hinder equitable access and quality education for all. The paper concludes that closing these gaps requires a multidimensional approach involving robust legal enforcement, stronger institutional mechanisms, and effective policy coordination to actualize the constitutional mandate of universal, inclusive, and quality education in India.164 views
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Social sector work in India is deeply meaningful, yet emotionally demanding and often ignored from the perspective of worker well-being. This paper explores burnout and compassion fatigue among social sector employees in Maharashtra, India, drawing on an empirical study conducted during 2024-25. Using a cross-sectional survey of 40 professionals working in non-governmental organisations, community health programmes, and welfare services, the study examines the extent to which sustained emotional labour affects worker well-being. Through this study we highlight the need for organisational support systems, skills-based training, and policy attention to employee well-being to ensure long-term sustainability of social welfare work. Through this study we also suggest structural challenges within the social sector, as well as, the need for institutional support.157 views
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The Development and Review of Cyber Insurance Strategies in Mergers and Acquisitions: Real-Life Case Study Recommendations
Student at Christ (Deemed to be University) University, Pune, Lavasa, IndiaPages 832 - 840The digitalisation of business operations that is on the rise has made cyber risk to become a decisive factor of value, liability, and deal certainty in mergers and acquisitions (M&A). What used to be seen as an ancillary risk-transfer tool, cyber insurance has become a core strategic tool with the potential to change valuation, regulatory accreditation, and the relationships during the negotiation process and the stability in the post-acquisition phase. It is an analysis of the changing role of cyber insurance in M&A deals based on a comparative and industry-sensitive analysis backed by real-life examples, such as the Verizon-Yahoo acquisition, the merger between Marriott and Starwood, the unsuccessful merger between Anthem and Cigna, and a proactive acquisition in the FinTech industry. The three gaps noted in the M&A practice are the effect that cyber risk has on valuation, the continuity and transferability of its policies, and sufficient coverage reported in the study. It proves that the lack of cyber due diligence, the inability to disclose breaches in time, and the incompetent insurance design may lead to substantial valuation cuts, regulatory inspections, and lawsuits after the deal. On the other hand, organisations that incorporate forensic cyber due diligence and automated auditing systems and customised cyber insurance, including pre-existing acts, run-off and change-of-control risks, have a higher probability of driving valuation premiums and transactional certainty. The industry-specific regulatory risk of health care, financial, hospitality, and technology further makes the tailored insurance and increased level of disclosure more relevant. This article suggests that cyber insurance should be embedded within the M&A lifecycle as a valuation and governance tool as opposed to it being a post-closing protection.160 views -
This study examines the Chhattisgarh Lok Seva Guarantee Act, 2011 as a transformative legal mechanism in India’s governance reforms. It situates the Act within constitutional mandates, administrative law principles and global trends in citizen-centric governance. The paper highlights the evolution of service guarantee laws, evaluates the structural and functional dimensions of the Act and identifies implementation gaps while proposing systematic reforms. The findings emphasise that while the Act is institutionally robust, its ground-level impact remains uneven due to administrative burdens, digital disparities and weak accountability mechanisms.161 views
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Impact of Financial Information Sources on Investment Behaviour Across Age Demographics
Student at R.A Podar College of Commerce and Economics, IndiaPages 864 - 879With the advent of liberalisation, access to various information has become efficient which has led to better decision-making processes. This transformation has significantly impacted the field of investment, influencing investment behaviour across various age groups. This study aims at understanding the impact of various financial information sources - Traditional Financial Advisors, Social Media, AI, social groups, etc. on investment decision making and the overall investment experience of individuals across varied age demographics. Primary data was collected through a structured questionnaire designed to gather information from individuals belonging to different strata of the society. The findings indicated that financial information sources significantly influence investment behaviour, with noticeable differences across age groups. While digital and AI-based platforms are increasingly preferred by younger investors, traditional advisors and established media continue to play an important role, especially among older age groups.246 views -
From Paper to Platform: The Evolving Role of Negotiable Instruments in India’s Digital Payment Era
PhD Scholar at School of Law, CHRIST (Deemed to be University), Bengaluru – Central Campus, IndiaPages 880 - 889The growth of digital payments like UPI and real-time transfers has raised doubts about whether cheques and other negotiable instruments are still needed. However, in India, negotiable instruments continue to be used in many commercial, government, and credit-related transactions because they are backed by the Negotiable Instruments Act, 1881. This paper studies how the role of negotiable instruments has changed. Earlier, they were mainly used for making payments. Today, they are more commonly used as documents for deferred payment, credit, and security. The paper examines the legal features of negotiable instruments, looks at whether Section 138 (cheque dishonour) is effective in preventing misuse, and discusses recent reforms such as the 2022 Amendment and the use of Online Dispute Resolution (ODR). The paper argues that negotiable instruments will not disappear in the digital age. Instead, their future depends on working together with digital systems, especially for dispute resolution. Finally, it provides recommendations for improving laws and procedures to reduce case delays and maintain commercial trust in a system that uses both traditional and digital payment methods.256 views -
In the digitalization era, unrestricted information is circulated around the universe if the progress of the technology and the monitoring methodology of the government. It is the equilibrium between the individual life, liberty, privacy and protection and security of the nation with evolving tension in the society. In the earlier stages the Identification of Prisoners Act was implemented to identify the criminals from measurements that had been taken from the accused. The surveillance of the accused person is controversial over the balance between privacy and security during the criminal justice system. Through the emerging techniques of the criminal identification methods and forensic science by the use of DNA testing, polygraphy, Narco analysis, Brain Electrical Actuating Profiling (BEAP) profiling, etc. The new technology involves carrying out fair investigations and ensuring proper prosecution during the criminal justice delivery system. In the early stages, they mostly depend upon the “eyewitnesses” but it is difficult to prove very effective, as are more often the digital aids. The “third degree methods” for interrogation of the suspects in order to bring out the truth instead of using technological advancement. The rights to privacy are the basic principle of the democratic country to safeguard every individual from unjustified interference and uphold the integrity of the personal boundaries under the CPI Act. The measurements include the footprints, fingerprints, photo, iris and retinal scans, and behaviour and attitude of the accused person. It allows processing, storage, reservation and distribution and the deletion of the measurements for investigation and prevention of crime. This paper argues that the implementation of emerging technologies bolsters human rights and upholds constitutional values. The adoption of such technology is in line with the constitutional test of proportionality and does not violate the right to privacy and other individual rights.473 views
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Pages 908 - 927The issue of adoption and implementation of uniform or common civil code (UCC) has generated a lot of conflicts and debates and has been politicized by the Indian society in such a way that it has become a complex problem which yields no easy solutions. The present paper explains the origin, concept and need of the UCC. It also analyses the debates of the constituent assembly, which preceded the constitutional form given to the UCC. It also charts the judicial response to the concept along with the analysis of legislative deliberation of a UCC in Uttarakhand. The article offers an insight in the arena of gender discrimination due to diverse personal laws. It also dwells in the model drafts aimed at substantive equality and offers a jurisprudential critique of the concept.162 views
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Coparcenary Property: Devolution and Legal Complexities in Hindu Law
Student at GLS University, IndiaPages 928 - 949Coparcenary in Hindu law represents a distinctive joint property ownership system under Mitakshara jurisprudence, historically excluding women from inheritance rights. The Hindu Succession (Amendment) Act, 2005, revolutionized this institution by granting daughters equal coparcenary rights with sons, creating significant legal complexities in property devolution, partition, and succession. This paper examines coparcenary's historical evolution, analyzes statutory modifications through the 2005 Amendment, and investigates judicial interpretations shaping contemporary coparcenary rights. Through systematic analysis of landmark judgments, statutory provisions, and scholarly literature, the study identifies critical implementation challenges including retrospective application ambiguities, multi-generational partition procedures, and property valuation complexities. While legislative reform successfully addressed gender discrimination, implementation challenges persist regarding procedural clarity, judicial consistency, and balancing daughters' newly recognized rights with pre-amendment expectations. The study proposes legislative clarifications, procedural standardization, and enhanced dispute resolution mechanisms to facilitate effective coparcenary reform while minimizing disruption to family property arrangements.1,083 views -
CEDAW and the Welfare of Women Victims of Violence in India: A Legal Analysis
Advocate and PhD Scholar at M.S. Ramaiah University of Applied Sciences (MSRUAS), Bengaluru, Karnataka, IndiaPages 950 - 959In the era of the modern world, the perception of the justice delivery system is also evolving. The traditional notion of punishing the perpetrator does not redress the issue. It needs to have a holistic resolution of the problem by giving due consideration or welfare assistance to the victim of violence. This paper focuses on the welfare assistance given to “women victims of violence in India”. This issue is examined through an analysis of the “Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)” and the Indian legal frameworks governing the assistance to women victims of violence. India, a non-binding state party to the “CEDAW Optional Protocol”, has to develop a policy-oriented local governance system. The violence that is committed and the assistance that is given to women in India is filled with ambiguity, like insufficient compensation, irregular compensation, differentiation in compensation scheme between the states, insufficient medical expenses and delay in justice delivery. These directly depend on the availability of a compensatory mechanism or nodal agency to monitor and implement. The “Nari Adalat” and empowering them is one such solution, but the ultimate efficiency depends on the implementation of such policies.133 views -
Addition without Adjustment: The Constitutional Problem with the EWS Reservation Model
Assistant Professor of Law at Babu Banarasi Das University (BBDU), and Legal Advisor at National Institute of Fashion Technology (NIFT), Kangra, IndiaPages 960 - 971The enactment of the Constitution (One Hundredth and Third Amendment) Act, 2019, is a paradigmatic shift in the jurisprudence of the Indian Constitution. Affirmative action was moved from being a mechanism of redress for past injustice to a method of economic redistribution. This article provides a critical examination of the "additive" nature of the 10% Economically Weaker Section (EWS) quota. Specifically, the author argues that the way in which this quota has been implemented on top of already existing reservations, with no adjustment made to the overall structure of reservations, has undermined the Basic Structure of the Constitution by exceeding the 50% limit of reservations established by Indra Sawhney. In doing so, the State has effectively converted the right to equality into a zero-sum game that will be disproportionately disadvantageous to unreserved citizens. Additionally, this research proposes that the "Addition Without Adjustment" model has created a new category of disenfranchised citizens referred to here as "State Orphans." These individuals are excluded from caste-based quotas based on their birth status and denied EWS benefits based upon arbitrary asset thresholds, creating a situation where they will be forced to compete against each other for a dwindling merit pool with out constitutional protections. Furthermore, the paper argues that treating the 50% cap as flexible to allow for political expediency (constitutional populism) rather than the requirement of administrative efficiency outlined in Article 335 is also damaging to the concept of meritocracy in the Republic. Finally, the paper concludes that if the judiciary approves of the additive model, it could transform the Constitution from a document of equality into a guidebook for competitive exclusion. Rather than continued infinite expansion, the paper supports "rationalisation," specifically the strict application of the creamy layer exclusion across all categories of reservation and adherence to the 50% cap, in order to restore the Open Category to an integral part of the Constitution and protect the meritocratic ideals of the Republic.248 views -
Unveiling Colonial Ghosts: Common Law, Legal Pluralism, and Transformative Reforms in India and South Africa
LL.M. Student at School of Legal Studies, CUSAT, Kerala, IndiaPages 972 - 988The common law legal system, transplanted by British colonial rule, profoundly shaped post-colonial legal transformations in India and Commonwealth nations like South Africa, embedding principles of precedent, adversarial procedures, and rule of law while marginalizing indigenous customs. This paper examines how inherited frameworks-evident in codes like the Indian Penal Code (1860) and Civil Procedure Code (1908)—persisted post-independence, enabling social reforms such as the abolition of Sati and child marriage, yet perpetuating colonial ghosts in areas like marital rape, sedition, and the death penalty. Through comparative analysis with South Africa's hybrid Roman-Dutch-English system during apartheid and its constitutional evolution, it explores law's dual role as a tool for continuity and social transformation, aligning with themes of legal pluralism, access to justice, and rights-based movements. Ultimately, the study argues for ongoing decolonization to foster truly indigenous jurisprudence that advances equity and inclusion in diverse societies.269 views -
Pages 989 - 1004This paper examines the legality of President Donald Trump's 2025-2026 proposal to acquire Greenland under contemporary international law. The research question addresses whether territorial acquisition through purchase or partial sovereignty transfer, without the consent of the affected population, complies with modern legal principles governing territorial sovereignty, self-determination, and non-consensual acquisition. Employing doctrinal legal analysis of primary sources including the UN Charter, International Covenants on Human Rights, and ICJ jurisprudence, this paper argues that any non-consensual acquisition of Greenland violates three fundamental norms of international law. First, Greenland's internationally recognized status as a self-determination unit under Denmark's 2009 Self-Government Act means that any territorial or sovereignty changes require Greenlandic consent through democratic processes. Second, the prohibition on territorial acquisition through threat or use of force, codified in Article 2(4) of the UN Charter, extends to economic coercion and renders agreements negotiated under pressure legally invalid. Third, the post-1945 international legal framework categorically rejects colonial-era models that permitted territorial transfers without local consent. The paper concludes that sovereignty cannot be "bought" under modern international law when transactions lack the free and genuine consent of peoples holding self-determination rights, and that historical precedents like the Alaska Purchase provide no legal support for contemporary territorial acquisitions.553 views
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Realizing Victims’ Rights in International Criminal Law: A Critical Case Study Analysis
Student at Institute of Law, Nirma University, IndiaPages 1005 - 1025Over time, the rights of the victims have become more visible in international law. They have changed their position from the almost invisible ones in the cases of the Nuremberg and Tokyo Tribunals to main ones in the International Criminal Court (ICC) and mixed tribunals. The ICC and hybrid tribunals' decisions are the most recent manifestation of this change which in its turn reflects a paradigm shift in international justice from the emphasis on states to the victims' rights. This text is concerned with the issue of victims' rights of participation, protection, and reparations in international criminal proceedings, and it wonders how far tribunals such as the ICTR, ICTY, ICC, and ECCC have put these rights into practice. The research uses a case study approach with the analysis of landmark judgments such as Akayesu (ICTR), Lubanga (ICC), and the Duch trial (ECCC) to sketch out the normative outline of victims' righters and highlight the practical difficulties in their enforcement. The paper tries to analyze that, even though international criminal law has come a long way to the point where victims are recognized as the holders of rights, the law enforcement is still far from being consistent and largely appears as a symbolic gesture. Therefore, to allow for the real participation of the victims in international justice, further reforms are indispensable.257 views -
A Critical Analysis of Evolving Standards of Forensic Evidence Admissibility under Indian Criminal Law
Research Scholar at Babasaheb Bhimrao Ambedkar University, Lucknow, Uttar Pradesh, IndiaPages 1026 - 1040Forensic science has become an important part of the criminal justice system that is used to establish facts scientifically and accurately. This paper seeks to highlight the current evolving standards concerning the admissibility of forensic evidence under the Indian criminal law, taking into consideration the comparative scenario of the United States of America and the United Kingdom. Indian courts have shown steadily increasing reliance on forensic evidence, including DNA profiling and electronic evidence. The absence of any codified admissibility standards has resulted in inconsistency in rulings, over-reliance on the discretion of the judicial officers and lapses in procedure. Through the study of statutory provisions and case laws as well as an assessment of the recent reforms under the Bharatiya Sakshya Adhiniyam, 2023, the author notes several systemic failures, like rectification of weak structural, non-accreditation and the non-training of judges and investigators, etc. By contrasting the U.S., India must employ a more systematic approach, ensuring scientific reliability and constitutional safeguards that are similar to the Daubert standard and the U.K.'s regulatory framework. The admissibility criteria for forensic evidence should be codified. Forensic laboratories should be strengthened. A national regulatory authority should be set up. Training should be enhanced across the justice system. These reforms are critical to changing the status of forensic evidence from corroborative to a reliable tool for the just and efficient delivery of justice.568 views -
In the contemporary world, businesses are not simply profit-oriented but require taking care of people and the earth. This research reveals the actualities of Corporate Social Responsibility (CSR) and business ethics in practice by going deep into the Tata Group, which is one of the global leaders, to find out its ethical approach towards challenges. A case study about Tata provides an example of the issues of community development, environmental sustainability and trust of stakeholders it is pursuing. The study is centred on the insights deduced from the analyses of Tata’s annual reports, CSR, and public statements based on academic research to show how the organization attempts to balance profitability and goodness. Such results are a repudiation of Tata’s commitment to transparency, ethical leadership and most importantly, ultimate value for society. But this journey does not go without hurdles: the international global ethical dilemmas and balancing the above in a quickly changing world are the major challenges. Although it’s about Tata, it’s an agenda for all businesses to go for sustainable development and ethical practices. Tata is a case study wherein learning would want companies to realize that CSR and ethics at the heart of their strategies does not only mean doing things right, but also doing the right things to achieve long term success. Overall, this research is a reminder that the survival of a business goes along with caring for not only people but also the planet and principles.392 views
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Patentability of Software in United States and India: A Comparative Analysis
Advocate & Alumnus of National Law Institute University, Bhopal, M.P., IndiaPages 1068 - 1084The growing centrality of software in modern systems, has intensified debates surrounding its patentability. Originally developed to safeguard tangible, industrial creations, patent law is now confronted with accommodating inventions rooted in algorithms, computational logic, and digital processes. This paper undertakes a comparative doctrinal analysis of software patentability in the United States and India, examining how each jurisdiction has navigated the tension between incentivising innovation and preventing the monopolisation of abstract ideas. In the United States, the evolution of judicial interpretation, particularly through the development of the two-step framework articulated in Alice Corp. v. CLS Bank International, reflects an attempt to recalibrate the boundaries of patent-eligible subject matter without legislative amendment. While software patents are not categorically excluded, their validity hinges on demonstrating an ‘inventive concept’ that transforms an abstract idea into a patent-eligible application. India, by contrast, adopts a legislatively anchored approach under Section 3(k) of the Patents Act, 1970, which excludes computer programs ‘per se’ from patentability. However, interpretive developments through Patent Office Guidelines and judicial decisions have introduced the concept of ‘technical effect’ or ‘technical contribution’ as a basis for limited protection of computer-related inventions. Through this comparative inquiry, the paper argues that software patentability reflects deeper regulatory philosophies: United States relies on judicial gatekeeping within an enabling statutory framework, whereas India employs statutory exclusion moderated by interpretive flexibility. The study highlights the implications of these approaches for innovation policy, legal certainty, and technological development in a rapidly evolving digital landscape.231 views -
A Critical Analysis of Drug Trafficking as a Transnational Organised Crime from Indian Perspective: The Golden Crescent and Golden Triangle Nexus
LLM Student at Maharashtra National Law University, Nagpur, Maharashtra, IndiaPages 1085 - 1099Drug Trafficking is considered to be a serious form of crime within the umbrella of transnational organised crimes. It has the capacity to disturb and pose as a challenge to the sovereignty and functioning of a nation state. When it comes to India, it has been under the grip of golden triangle and golden crescent due to its geographical location. Thus, putting India into a vulnerable state as it acts as a transit corridor both for drug consumption and drug trafficking as well. The golden triangle which comprises of Loas, Thailand and Myanmar contribute to the synthetic drugs making the north-eastern corridor of India exposed due to lack of legal enforcements and insurgent problems. Whereas, on the other hand golden crescent comprises of Afghanistan, Pakistan and Iran which facilitate the production of opium and heroin through the porous borders of Pakistan and promoting drug trafficking by placing India as a transit corridor for the same. When it comes to the framework on the same, there exists various United Nations conventions on global level to deal with the menace of drug trafficking as transnational organised crime. On the other hand, when it comes to India, there is NDPS Act, 1985 which acts a legislative framework on drugs. But there are significant challenges which are posed by it in order to deal with drug trafficking as a transnational organised crime. This paper examines the same while looking at it from Indian perspective while throwing light on the golden triangle and golden crescent nexus.356 views -
The Constitutional Dialectics of Section 4, PWDVA 2005: Balancing Third-Party Intervention with the Right to Privacy in the Age of the Independent Woman
Advocate at District & Sessions Court, Dehradun, Uttrakhand, IndiaPages 1100 - 1118Section 4 of the Protection of Women from Domestic Violence Act, 2005 holds up legally under Article 15(3), yet its usefulness today stirs doubt. Originally meant for visible injuries, it struggles when abuse hides behind control of finances instead of fists. Emotional strain, social sabotage - these leave no bruises but cut deep. Working women find themselves unprotected by rules drawn long before such patterns emerged. What once counted as clear harm now hides in subtler forms, escaping old legal definitions. Though laws stay fixed, actions shift quietly within the same framework. Quiet cruelty spreads where laws still shout about broken bones. Now safeguarding private choices under Article 21 post-Puttaswamy, the research checks fresh shifts. Help from outsiders may start strong, yet without firm steps spelled out, one woman’s power to decide things herself slips away fast. Safety balanced with freedom becomes key - telling real quiet from imposed stillness shapes what follows next. Midway through, a gap appears - workplace policies seldom link to domestic abuse regulations despite red flags in everyday behavior. Without those links, support structures falter, moving without steady ground. Lately, some attention turns to step-by-step reporting lines that run parallel to existing complaint routes within firms. The research advocates for a procedural overhaul, emphasizing the necessity of specialized training for Protection Officers.208 views -
The New Constitution of Mongolia and Social Transformation
Professor and Lecturer at the Research Institute of Shikhikhutug University of MongoliaPages 1119 - 1128In the latter half of the twentieth century, many countries that had previously been post-socialist states constitutionally entrenched development trajectories grounded in democratic values and principles. In doing so, they established systems of government broadly accepted by their populations, guaranteed citizens’ rights and freedoms, and began to create conditions conducive to peaceful lives and an improved quality of life for their people. Mongolia was not left behind in this process. The ideology, values, and principles enshrined in the new Constitution of Mongolia not only reflected global trends in the development of constitutionalism, but also laid the foundation through the profound social transformations that began in 1990 for the pursuit of a “humane, civil democratic society.” By establishing a system of governance based on constitutional principles, choosing a free-market economic order, and protecting and guaranteeing human rights and freedoms, Mongolia created the necessity to fundamentally transform and renew social values and legal relations. Along the path of this transformation and reform up to the present day, numerous developments marked by both progress and missteps have unfolded, while the country has continued to confront and overcome various challenges and difficulties. Although the new Constitution of Mongolia follows global constitutional trends, it is distinguished by its consideration of the country’s own unique characteristics.187 views -
Algorithmic Governance and the Quiet Erosion of Informational Privacy in India
Advocate at High Court of Chhattisgarh, IndiaPages 1129 - 1135India’s rapid embrace of algorithmic governance is enabling a subtle but far‑reaching erosion of informational privacy, especially for marginalized citizens. It traces how AI‑driven surveillance in policing and welfare-facial recognition, “360‑degree” social registries, and automated eligibility systems - has been deployed without clear statutory basis, transparent oversight, or robust individual remedies, often producing wrongful exclusions and biased profiling. Situating these developments against the constitutional right to privacy recognized in K.S. Puttaswamy and the limited protections in the Digital Personal Data Protection Act, the paper shows that opaque state data practices are reconfiguring the balance between security, efficiency, and fundamental rights from within the administrative machinery rather than through explicit legal reform. It concludes by proposing a suite of safeguards- statutory algorithmic impact assessments, transparency and audit obligations, independent oversight bodies, and accessible redress mechanisms- to realign India’s AI‑enabled governance with constitutional commitments to dignity, autonomy, and accountability.241 views -
This paper examines whether constitutionally entrenched local self governance in India has evolved from a policy choice into an element of the Constitution’s basic structure. It traces the conceptual foundations of local self governance in constitutional theory, connecting ideas of democracy, federalism, subsidiarity and multilevel governance with grassroots institutions. The study then reconstructs the historical evolution of local bodies in India, from colonial era experiments and Directive Principle status under Article 40 to the transformative potential of the Seventy Third and Seventy Fourth Constitutional Amendments that introduced Parts IX and IX A and the Eleventh and Twelfth Schedules. It critically analyses the distribution of powers, functions and finances under this framework and highlights persistent gaps in actual devolution, including delayed elections, weak fiscal autonomy and parallel bureaucratic structures. Engaging with the basic structure doctrine from Kesavananda Bharati to S.R. Bommai and later decisions, the paper evaluates competing arguments on whether democratic decentralisation should be read as part of the protected core of democracy and federalism. It situates Indian practice within comparative constitutional models from Europe, Germany, South Africa and Brazil, which provide stronger textual guarantees to local government, and draws policy lessons for strengthening local institutions. The paper concludes that while local self governance already operates as an everyday vehicle of constitutional democracy, its doctrinal status remains unsettled, and it argues for a calibrated recognition of a minimum constitutional core for local governments that safeguards timely elections, tenure security and meaningful functional and fiscal autonomy.158 views
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Bridging Customary Practices and Legal Reform: Water Conflicts in Northern Cameroon and the Ongoing Revision of the 1998 Water Law
PhD Student at University of Yaounde II Soa, CameroonPages 1158 - 1171Across Africa, water scarcity increasingly triggers conflicts where formal laws clash with customary resource governance, threatening sustainable development. Cameroon’s northern regions epitomize this crisis: despite Law No. 98/005 of 14 April 1998 declaring water a national resource under state control, persistent farmer pastoralist clashes reveal the law’s disconnect from local realities. Customary systems such as lamido (chief) councils mediation, seasonal rotations remain communities’ primary water regulators, yet lack statutory recognition. This study examines Cameroon’s water governance dilemma through legal pluralism and integrated water resources management (IWRM) lenses, assessing how the ongoing 1998 Water Law revision can bridge statutory-customary divides. Employing doctrinal analysis of the 1998 Water Law and reform proposals alongside socio-legal insights from northern Cameroon’s Northern Regions, the paper reveals critical regulatory gaps. The law’s centralized permitting ignores customary allocations, creating overlapping claims during dry seasons when pastoralists and farmers compete for wells and seasonal rivers. Customary governance demonstrates superior legitimacy through socially enforced rules prioritizing vulnerable households, yet statutory permits for commercial boreholes frequently override these arrangements, fueling disputes. Institutional analysis identifies MINEE’s technocratic dominance versus limited local council roles, while reform consultations signal IWRM-driven shifts toward decentralization. Findings confirm customary systems’ effectiveness in equitable allocation and conflict mediation, undermined only by formal law’s exclusion. The study proposes concrete integration pathways: formal recognition of traditional authorities, codified local water rules, joint enforcement mechanisms, and participatory basin committees. Current revisions offer Cameroon a pioneering opportunity to harmonize plural legal systems, enhancing legitimacy, compliance, and conflict resilience. Beyond Cameroon, this statutory-customary hybrid model addresses Africa-wide challenges where state law struggles against entrenched traditional authority. By embedding culturally legitimate mechanisms within national legislation, Cameroon advances Vision 2035’s equitable resource management goals while contributing globally relevant scholarship on reconciling legal pluralism with sustainable water governance in conflict prone, water stressed regions.146 views -
Advancing Gender-Equitable Blue Economy Governance: Policy Reforms for Kerala
Student at Christ (Deemed to be University), Pune, Lavasa Campus, IndiaPages 1172 - 1182Women form the backbone of Kerala’s fisheries-related livelihoods, especially in post-harvest and allied coastal activities such as fish vending, processing, drying, seaweed farming, coir work, and small food enterprises. Yet, despite Kerala’s long-standing welfare orientation and multiple sectoral schemes, most of these women remain informal employees and excluded from formal systems of recognition, infrastructure, and social protection. Existing research has clearly documented women’s marginalisation in fisheries, but there is limited analysis of why exclusion persists even in a policy-rich context like Kerala. This paper argues that the core problem lies not in the absence of schemes, but in the way, institutions are designed and implemented. Using secondary evidence from Kerala-specific studies, government evaluations, and policy documents, the paper identifies four critical governance gaps: incomplete worker registration, lack of accessible working capital, gender-neutral infrastructure design, and fragmented welfare delivery. To address these gaps, the paper proposes four practical and integrated institutional reforms that is built on existing systems rather than creating new ones. These study shows that strengthening recognition, automatic inclusion, and accountability can significantly improve women’s livelihood security and participation in kerala’s blue economy.145 views -
Public Interest Civil Litigation: The Experience of China and Implications for Vietnam
Student at Hanoi Law University, VietnamPages 1183 - 1199The article focuses on analyzing the Public Interest Civil Litigation system in China – a distinctive legal model that combines socialist rule of law ideology with modern procedural doctrines. Thru the analysis of the "4+N" litigation scope, the central role of the People's Procuracy, the evidence mechanism, and the financial regime, based on the evaluation of the current state of public interest civil litigation law in China, the article proposes important policy suggestions for Vietnam in the context of refining the legal framework for protecting public interests, especially the role of the Procuracy and the socialization mechanism of litigation.282 views -
Indigenous Governance Practices and their Impact on Forest Conservation in the Mount Cameroon Region
Ph.D in Law from the University of Bamenda, CameroonPages 1200 - 1226This article examines the vital role of indigenous forest governance practices in the conservation of forests within the Mount Cameroon region. Utilizing a qualitative research methodology, including interviews with local community members and analysis of traditional practices, the study highlights the importance of customary law, traditional institutions, and cultural beliefs in managing natural resources specifically forest resources sustainably. The article first defines customary law and its legislative recognition in Anglophone Cameroon, emphasizing its significance for forest conservation as outlined by international agreements like the 1992 Convention on Biological Diversity. The contributions of traditional institutions, such as chieftaincies, village councils and secret societies, are analyzed to demonstrate their effectiveness in biodiversity conservation. These institutions, deeply rooted in local culture, implement practices such as taboos and the preservation of sacred forests, which play a critical role in promoting conservation efforts. However, the article also addresses the challenges facing these traditional practices, including external migration, economic pressures, and the influence of globalization. The erosion of respect for customary laws poses a significant threat to the sustainability of forest governance. The findings advocate for the integration of traditional knowledge into modern conservation strategies, reinforcing the need to recognize and support indigenous practices for effective forest management. This study underscores the importance of traditional institutions as essential contributors to the sustainability of forest resources in the Mount Cameroon region.169 views -
The Crucial Role of Res Judicata in International Arbitration
Assistant Professor at REVA University, IndiaPages 1227 - 1235The principle of res judicata is derived from Latin for "a matter judged," and plays a crucial role in promoting finality and judicial economy in legal proceedings. This abstract explores the application of res judicata in the context of international arbitration, a rapidly evolving alternative dispute resolution mechanism. Civil law follows the principle of Res Judicata, which bars the parties from litigating a suit once a competent court has given a final judgment. The maxim has changed significantly and has various rules and applications in different jurisdictions. There are both commonalities and disparities between the legal orders of different countries. International commercial arbitration, which is a separate legal order autonomous from national legal orders, has not settled on its own normative and coherent doctrine of res judicata that is consistent with arbitration foundations or suitable to its needs. Arbitral tribunals often rely on national law concepts to determine res judicata issues. While there is a growing consensus on the necessity of transnational principles of res judicata, distinct from national concepts of the doctrine, there is no unified view on its normative basis, form, or content. This paper addresses the scope, content, and application of res judicata in international arbitration, highlighting the need for transnational principles.179 views -
Protection of Human Rights in Constitutional Philosophy
Assistant Professor of Law at the Department of Law, University of Calcutta, IndiaPages 1236 - 1252Human rights are conceived as universal and egalitarian, with all people having equal rights by virtue of being human. The principles of universality means that all human beings are entitled to them without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. In society there were problems, there are problems and there will be problems. Every aspect of human behaviour has problem. Therefore, we need to find out answer to those problems. Hence, it is the requirement of the society to conduct research work. The present socio-legal research paper is conducted both on doctrinal and non-doctrinal research by analysing the existing statutory provisions and cases by applying the reasoning power as well as by method like case study. The study will show the meaning and concept of Human Rights and various rights recognised in International Instruments. It will show the relevancy of Human Rights in Indian Constitutional Law with the help of numerous Judicial pronouncements.149 views -
Pages 1253 - 1267India’s prison system grapples with severe overcrowding, where facilities operate at 120.8% capacity, and 76% of inmates are undertrials awaiting trial, leading to poor living conditions and human rights concerns. In contrast, the USA features the world's highest incarceration rate at around 537 per 100,000 adults, with a shift toward rehabilitation via programs like the First Step Act, though overcrowding persists in some states at 98-99% occupancy, and staffing shortages fuel violence. This paper compares structural, legal, and reformative aspects, highlighting India’s punitive focus versus the USA’s mixed public-private models, emphasizing recidivism reduction. Key differences include undertrial dominance in India and sentenced populations in the USA, alongside landmark cases like “Sunil Batra v. Delhi Administration, 1979” in India and “Farmer v. Brennan, 511 U.S. 825 (1994)” in the USA that enforce constitutional protections. Original findings reveal India's need for fast-track courts and open prisons, drawing from the USA’s earned credits and community re-entry. Suggestions include hybrid models blending India’s community service with the USA rehabilitation for sustainable reform.876 views
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Constitution 130th Amendment Bill, 2025: Examination of the Accountability of the Ministers, Criticism
Student at MKPM RV Institute of Legal Studies, Bengaluru, Karnataka, IndiaPages 1268 - 1274Constitution is the ever-growing document which the present generation must of necessity look on the constitution in a spirit of the changing world. Edmund Burke, said “The articles of this constitution fall indeed far short of perfect logical arrangement, and lack absolute lucidity of expression, but they contain, in a clear and intelligible form, the fundamental law of the Union” which creates the need for the changes to the present fundamental statute. The constitution being drafted in the ages ago based on the particular situations in the current days may find it unsuitable for the applicability. The article would explain about the concept of 130th Amendment to the Constitution and its historical context, statistical data according to the candidates of the recent election, the existing legal framework, criticism. The Power to amend the constitution is “wide, but not wide enough to totally abrogate or emasculate or damage any of the fundamental rights or the essential elements in the basic structure of the constitution or to destroy its identity. Within these limits, Parliament can amend every article of the constitution”. Where the constitutional framers have provided with the article 368 for the amendment of the constitution which is the “procedure for the amendment of the Constitution” where it confers power on the Union parliament to amend the constitution.177 views -
Child Labour in Bangladesh: Barriers to Effective Enforcement of Labour Laws
Student at Department of Law, Dhaka International University, BangladeshPages 1275 - 1285Child Labour in Bangladesh: Barriers to Effective Enforcement of Labour Laws. This paper critically discusses the laws, enforcement difficulties, and causes behind child labor in Bangladesh. Although Bangladesh has in place extensive laws, the Bangladesh Labor Act 2006, the Children Act 2013, and the Domestic Workers Protection and Welfare Policy 2015, their implementation is weak. The study demonstrates how weak administration, limited staff and resources, rampant corruption, and political involvement continue to chip away at progress in fulfilling child labor laws. An implementation vacuum is, then, compounded by coordination failures between the key government agencies and vested local interests. THE SOCIO-economic factor, Pervasive poverty, lack of access to education and significant rural-urban disproportions, remains the major drivers for child labor. Moreover, social attitudes and the uneven experiences of boys and girls in the workforce only complicate the issue. Political will: the ratification of ILO conventions and alignment to international commitments. Bangladesh has shown political will but a variety of shortcomings in policies, institutions, etc. have hindered its real implementation pace particularly due to lack of action on informal and domestic sectors. To address these interrelated challenges, the authors offer a set of comprehensive and integrative responses: enhancing legal definitions and safeguards; increasing financial resources, hiring more people to enforce policies on child-trafficking, promoting agency collaboration and stimulating local communities with ongoing awareness-raising and reporting systems. The role of non-governmental organizations and civil society in advocacy, monitoring, and rehabilitation of child labor victims is also highlighted as critical. The paper concludes that a holistic approach, with the concerted involvement of government policy makers and implementers, civil society organizations at the grassroots levels as well as development partners to complement government efforts is needed to end child labor in Bangladesh, shed off children from the vicious cycle of exploitation and ensure a secure and equitable future for all.453 views -
Pages 1286 - 1294The safety of women in India is currently a serious concern. The nation's crime rates against women have only substantially increased. Particularly at night, women hesitate before leaving their homes. Watching India's situation concerning women's safety is incredibly upsetting, especially in a nation where women are revered as goddesses. The notion of idolising women in the sense of their god-like nature but in certain circumstances where they are deprived of the same rights which every individual has and it is the system that condemns women for talking with an unknown man, is considered as taboo for talking about the necessities, such as menstruation. The society being society always wants to stay in the grey area where they never want to acknowledge the wrongdoings of the same society which causes psychological damage to women and it is prudent that the fact is always overlooked by the hive mind which is controlled by the society which no have no direct connection to the woman but the thought still lingers within every woman that what does the society think of them if they speak out or will they penalised by the society which is a pseudo body which has never helped the advancement of the individual but as a weighing block which drags us back to the same unparallel think of a primitive man. There are many women-related laws in India, and the legislative has the pecuniary jurisdiction to make laws in their respective states, such as the Disha Act, 2019, Protection of Women from Domestic Violence Act, 2005, etc.286 views
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Pressing Issues of Human Rights Protection on Mongolia: A Comparative Legal Analysis
Head of the Department of Public Law at Shikhikhutug University, MongoliaPages 1295 - 1306More than three decades have passed since Mongolia adopted its new democratic Constitution. During this period, the Constitution characterized as democratic has played a decisive historical role as the principal legal instrument for establishing constitutionalism and guaranteeing fundamental human rights and freedoms, thereby contributing significantly to the country’s social and political development. Its achievements, guiding principles, and historical significance are undeniable. At the same time, it is equally true that, as time has passed, certain shortcomings and pressing challenges have emerged. Successive generations of scholars, constitutional theorists, and legal practitioners have devoted sustained intellectual effort to identifying these shortcomings and proposing reforms, improvements, and doctrinal developments aimed at strengthening constitutional governance and the protection of fundamental rights. Nevertheless, one of the most serious contemporary challenges facing the democratic Constitution closely linked to state sovereignty and national interests concerns the right to live in a healthy and safe environment as guaranteed under Article 16 of the Constitution of Mongolia, as well as the effectiveness and consequences of its implementation. Despite having a population of fewer than four million, a significant proportion of Mongolia’s population continues to suffer from the inability to fully enjoy and effectively enforce constitutionally protected rights. In practical terms, many individuals lack clear and accessible mechanisms for seeking remedies for violations of their rights: they do not know where to turn, how to obtain protection or restoration of violated rights, who bears legal responsibility, or how to claim compensation for harm to their health. As a result, the constitutional guarantee of the right to a healthy and safe environment remains largely ineffective in practice. Although the democratic Constitution formally safeguards inalienable human rights, insufficient implementation has led to systematic violations of the right to live in a healthy and safe environment. The consequences of these violations extend beyond individual harm and pose broader risks to state sovereignty and national security. Addressing this situation requires an in-depth examination grounded in comparative legal methods and principles. Accordingly, constitutional scholars, legal academics, and practitioners bear a responsibility to contribute to the protection of national sovereignty, national security, and the public interest by studying and adapting best practices and successful models from other jurisdictions within a comparative legal framework. Such an approach is essential for developing effective solutions to pressing human rights challenges in Mongolia, reinforcing the core values of the democratic Constitution, and establishing a robust legal environment that genuinely guarantees the right of Mongolian citizens to live in a healthy and safe environment as a fundamental pillar of national sovereignty and security.158 views -
Remedial, Not Anticipatory: Evaluating India’s Legal Framework for Non-Resident Indians
Student at Army Institute of Law, Mohali, IndiaPages 1307 - 1313This article critically examines the disconnect between indias legal framework and its global citizens or more commonly called NRI’s/. The article argues that the current legal framework is largely reactive instead of being anticipatory, the framework just acts a remedial safety net that only deploys after a crisis has already been commited. By examining the structural failures within the Foreign Exchange Management Act (FEMA) ,Passport Act, Limitation act, etc I illustrate how fragmented enforcement and jurisdictional hurdles transform strong on paper protections into procedural nightmares for NRIs. The article draws a comparative study by drawing lessons from proactive institutional models of other countries and also provides potential reforms that could benefit our citizens abroad. . The article concludes that India must move past 20th-century bureaucracy toward a coordinated, digitally enabled system that prioritizes prevention and certainty.207 views -
Invisible Exploitation in Digital Childhoods: A Socio-Legal Analysis of Digital Branding and Child Rights
Lawyer and Alumina of Institute of Law, Nirma University, Ahmedabad, Gujarat, IndiaPages 1314 - 1324The digital environment associated with children is being increasingly shaped by commercial influence through subtle yet continuous forms of digital branding. Unlike traditional advertisements which are clear and distinguishable, digital branding in embedded within the games, educational and learning applications, social media content, content creations, making it extremely difficult to distinguish the content from the branding and understanding the passive influence it is creating on children’s minds. This paper examines how the laws-national as well as international fail to protect the children from such pervasive commercial influence. While the current laws focus on data protection, privacy, online safety, age verification, and parental consent, they largely overlook the destructive impact upon the cognitive and emotional development of a child under the impact of branding. Relying upon the Indian and international jurisprudence, including child protection and privacy cases, the paper reframes the idea of digital branding as a form of invisible exploitation that operates via power imbalance and design asymmetries rather than by coercion. By placing the digital branding issue within the human rights perspective, the paper argues that child’s dignity, autonomy, and freedom to thought is compromised when children-linked digital spaces are prioritised for profit making. The paper concludes by suggesting a child centric legal framework that makes digital intermediaries and platforms responsible and the need of shared duty of care between parents and the platforms and a recognition of commercial influence as a legitimate child protection concern in the digital age.194 views -
Pages 1325 - 1337This study examines the application of Henri Fayol's classical management principles within Urban Company, a leading technology-enabled home services platform. It analyses the company's evolution from a private startup to a publicly-listed entity, navigating the complexities of the gig economy. The research employs a longitudinal qualitative case study method, integrating foundational qualitative data with an analysis of public financial reports, investor communications, and media coverage from FY2022 to Q3 FY2026. Findings indicate that while Urban Company's core service operations continue to reflect Fayol's principles—such as Division of Work, Unity of Command, and Esprit de Corps—which have been instrumental in building service quality and partner trust, its recent strategic diversification into product sales (Native) and quick commerce (InstaHelp) introduces significant tensions. These new ventures challenge the stability of tenure and create conflicts between centralized strategic imperatives and decentralized operational agility. The study concludes that Urban Company presents a compelling contemporary model of a platform business attempting to synthesize classical management tenets with the dynamic demands of growth, diversification, and public market scrutiny, offering critical insights for management theory and practice in the digital age.315 views
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Enforcing Authors’ Rights in the Era of Digital Technologies: A Case of Cameroon
Student at University of Yaounde II, CameroonPages 1338 - 1357The enforcement of copyright, like every other proprietary right, is of great importance in every society. This is because it enables creators to reap the economic benefits of their works and, in turn, motivates them to create more. With the rise and emergence of new technologies and the internet, piracy has only become a prevalent problem that threatens the economic viability of creative industries, harms the reputation, integrity, and dignity of copyright owners, and discourages innovation worldwide. Piracy has caused significant issues for copyright owners by infringing upon their exclusive rights to distribute their works without permission while profiting from their creations. Due to the development of digital technology, it has become simpler for individuals to stealthily duplicate and distribute protected works. Piracy drastically decreases the number of legal sales of intellectual works, which costs a lot of money for authors, publishers, and other key stakeholders. This article examines the enforcement of authors' rights in the era of digital technologies from a Cameroonian perspective. The research finds that the long-lasting rule concerning copyright protection has been distorted by digital technology and the internet, which have defied the traditional Copyright Enforcement Mechanisms. Though the Cameroon 2000 Copyright adequately guarantees the protection of authors' rights, it is still fraught with so many lacunae and far from meeting the demands of this internet age with regard to enforcement. This article will help authors understands thier rights and also be alert against piracy. The research recommends, among others, the employment by right owners of some Digital Rights Management measures such as encryption and watermarking, and more legislative action to make room for efficient enforcement of their rights.150 views -
From Philanthropy to Mandate: Navigating the Evolution and Challenges of Corporate Social Responsibility in India
Assistant Professor at REVA University, IndiaPages 1358 - 1373The paper explores the emergence of CSR in India, tracing its transition from a voluntary philanthropic activity to its recognition as a statutory obligation in the Companies Act 2013. The study highlights the historical background and theoretical basis of CSR, outlines the implications of this activity on corporate governance, and identifies the major concerns related to the current policy of CSR. These include limited understanding of CSR which reduces it to mere financial contributions, a narrow scope of activities, geographical imbalances in spending, and the lack of integration of genuine social responsibility with core business operations. The study argues that CSR, if aligned to international standards, will actually foster genuine corporate responsibility and sustainable impact beyond mere compliance. Suggestions include the expanding CSR definition, enhancing equity in regional allocation of CSR fund, and ensuring accountability through impact assessments and independent audits. It addresses the gap in India's CSR framework and suggests how CSR is not just to be treated as a regulatory checkbox but as an intrinsic part of corporate strategy and social responsibility.197 views -
Navigating the Gray Area: Artificial Intelligence, Authorship and Ownership in Higher Education
LL.M. Student at St. Joseph’s College of Law. Bangalore, Karnataka, IndiaPages 1374 - 1392The quick incorporation of Artificial Intelligence into Higher Education has raised new concerns regarding Authorship, Ownership, academic integrity and institutional responsibility. Generative AI tools like ChatGPT, Gemini, Perplexity and other “AI tools” used in today’s world by students, academicians, employees and others to create textual content. All such generated contents suffer from one common issue that is the copyright. Most of them are unaware of the work generated by the AI tools that who is the owner or author of such copyrighted work. Artificial Intelligence (AI) in academic writing may also involve the accidental use of other’s work without proper acknowledgement of the authors or sources which may affect the academic integrity and ethical standards. Traditionally copyright law is meant to reward human creativity but its application to AI generated works is complicated. The impact of generative AI on India’s copyright frameworks focusing on the critical question; ‘Who own’s AI created work’s? Also considering recent judicial interpretations in India such as the brief recognition of AI as a co-author in a copyright registration case, this was later revoked highlighting the judiciary’s uncertainty. The Indian judiciary ought to adjust to the latest technology developments and foresee the unique legal obstacles that arise from the incorporation of AI in creative endeavours.178 views -
The Singapore Convention on Mediation: Limits and Lessons
LL.M. student at National Law School of India University, Bengaluru, Karnataka, IndiaPages 1393 - 1404Adopted in December 2018 and enforced from September 2020, the United Nations Convention on International Settlement Agreements Resulting from Mediation is a landmark development in cross-border dispute resolution. It has created a comprehensive regime for mediated international commercial settlement agreements. This paper employs the doctrinal method to examine the provisions of the Convention, scope, procedural requirements for refusal, and reservations, while also comparing these aspects to the established New York Convention framework. Although the Convention encourages mediation as an efficient, relation-sustaining alternative to arbitration and litigation, it has certain limitations, including limited ratification among key economies, a lack of standardised mediator qualifications, wide public policy exceptions, and “opt-out” provisions that risk undermining its effectiveness and universality. The paper concludes that success for the Convention needs an additional framework to overcome the identified limitations, such as international mediator certification standards, clear public policy limits, and review mechanisms. The transformative potential of the Convention in international commercial dispute resolution is contingent on international collaboration, empirical testing, and responsive refinements, maintaining mediation’s consensual nature while ensuring cross-border enforceability.221 views -
Pages 1405 - 1420Secondary victimisation, often called the “second assault,” describes the harm that survivors of sexual violence suffer not only because of the crime committed against them, but because of how institutions respond when they seek help. For many survivors, the process of approaching the police, undergoing medical examinations, and participating in court proceedings becomes another source of pain, fear, and humiliation. Insensitive questioning, repeated retelling of traumatic events, delays, disbelief, and rigid procedures frequently strip survivors of dignity and control. Unlike primary victimisation, which is inflicted by the offender, secondary victimisation is institutional in nature—it is created by systems that are meant to offer protection, justice, and care. In India, public attention to secondary victimisation increased significantly after the 2012 Delhi gang rape and murder, widely known as the Nirbhaya case. The incident shook the nation and forced a collective reckoning with the failures of the criminal justice system. It led to a series of legal reforms aimed at strengthening laws on sexual violence and making procedures more sensitive to survivors. These included amendments to criminal law in 2013 and 2018, and most recently, the replacement of the Indian Penal Code and the Code of Criminal Procedure with the Bharatiya Nyaya Sanhita, 2023 and the Bharatiya Nagarik Suraksha Sanhita, 2023. These changes were presented as a decisive move towards a modern, victim-centred justice system.444 views
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Pages 1421 - 1429The Supreme Court’s ruling in Imran Pratapgarhi v. State of Gujarat is the first major interpretation of Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita (“BNSS”). Delivered on 28 March 2025, it explains when and how the police can carry out a “preliminary enquiry” before filing a First Information Report (“FIR”). The Court condemned the custom of registering FIRs without any examination and said that where a suspected crime attracts a sentence of three to seven years, particularly where the crime involves speech or expression, the police should start with a preliminary investigation under Section 173(3). By so doing, the Court transformed what previously appeared as an issue of police discretion into a significant protection that is related to the rights guaranteed by Articles 14, 19(1) a and 21 of the Constitution. This case comment analyses the rationale of the Court and its consequences arguing that the decision indicates a change to a more rights-conscious and responsible policing within the BNSS.688 views
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Gender Justice and Constitutional Empowerment: A Critical Comparative Study of India and Sweden
LL.M. Student at School of Legal Studies, Cochin University of Science and Technology, Kochi, Kerala, IndiaPages 1430 - 1443India and Sweden present different constitutional frameworks for pursuing gender justice: the former by combining remedial affirmative action and progressive judicial interpretation, and the latter by incorporating gender equality as a constitutional norm with strong administrative agencies. In India, equality is guaranteed in the Constitution have been repeatedly interpreted and applied by courts in various landmark decision to protect women’s rights, most notably the Vishaka guidelines on workplace sexual harassment and many more. Sweden incorporates non-discrimination directly through constitutional norms with a broad legislative and institutional structure: the Discrimination Act, entitlements for parental leave, the Equality Ombudsman (DO) and the Swedish Gender Equality Agency are responsible for co-ordination of prevention, monitoring and policy implementation resulting in high formal compliance and large, encompassing substantive acts for economic and political equality. This comparative study takes the position that constitutional text, judicial remedies, and administrative enforcement have an interactive dynamic in different systems, with India's potential for transformation, while Sweden's aimed gender empowerment rests upon preventive social policy, including quality institutions of equality and mainstreaming across sectors. Methodologically, the paper uses the approaches of doctrinal analysis of constitutional provisions and case law, institutional mapping of agencies and statutes and a comparative analysis of policies outcomes (political representation, labour force parity, indicators of violence against women). The conclusion makes an argument for cross-learning: India requires narrowly improved implementation bodies and complements to the legal wins as well; Sweden can take advantage of more clear legal remedies where administrative paths lie dead. Together they shed light on the fact that constitutional design, case law and institutions together contribute to the creation of gender justice.178 views -
Curative Jurisdiction and the Fragility of Arbitral Finality in India: A Post-DMRC Reappraisal
Student at National Law Institute University, Bhopal, M.P., IndiaPages 1444 - 1454Arbitration in India has undergone significant transformation with the objective of promoting efficiency, party autonomy, and minimal judicial intervention. The Arbitration and Conciliation Act 1996 was enacted to align Indian arbitration law with international standards and to ensure that arbitral awards attain finality with limited court interference. However, the Supreme Court of India retains extraordinary constitutional powers under Article 142 of the Constitution, including the power to entertain curative petitions in exceptional circumstances. The exercise of such jurisdiction in arbitral matters raises important concerns regarding the balance between corrective justice and arbitral finality. The decision in Delhi Metro Rail Corporation Ltd v Delhi Airport Metro Express Pvt Ltd has brought this issue to the forefront. By invoking curative jurisdiction to revisit an arbitral award after statutory remedies had been exhausted, the Supreme Court reaffirmed the exceptional nature of its constitutional powers while simultaneously raising questions regarding the limits of judicial intervention in arbitration. The development has implications not only for domestic arbitration law but also for India’s position as an emerging international arbitration hub. This article examines the constitutional basis of curative jurisdiction and its interaction with the statutory framework governing arbitration. It analyses the implications of the DMRC judgment, considers comparative approaches in leading arbitration jurisdictions, and evaluates the need for doctrinal restraint. The article concludes that a principled and narrowly confined application of curative jurisdiction is essential to preserve both judicial integrity and arbitral autonomy.170 views -
Insider trading is still one of the most contentious ideas in securities law, with a history of doctrinal ambiguity and theoretical dispute. The theoretical foundation for outlawing insider trading still vacillates between conflicting justifications including equity, fiduciary duty, property rights, and market integrity after decades of enforcement and research. By critically analysing the theoretical underpinnings of insider trading and the moral presumptions that support regulatory action, this paper revisits the topic. It examines how more general market-based explanations that emphasize investor confidence and informational equality clash with classic fiduciary-based theories that rely on violations of duty and trust. The study also examines economic arguments that raise concerns about whether insider trading is a mechanism that improves market efficiency by speeding up price discovery or if it is dangerous by nature. The paper emphasizes the conflict between utilitarian arguments centred on market outcomes and moral intuitions about justice by placing insider trading legislation within the frameworks of both legal philosophy and financial economics. It also takes into account how contemporary advancements like intricate organizational structures, algorithmic trading, and internationalized capital markets challenge traditional notions of insider status and insider information. The paper makes the case that current legal systems frequently mix up different theoretical explanations, which leads to doctrinal inconsistencies and erratic enforcement.132 views
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Punitive Protection or Preventive Safeguarding?: A Comparative Study of India and the United Kingdom’s Legal Frameworks on Child Sexual Exploitation
LL.M. Student at School of Legal Studies, Cochin University of Science and Technology, IndiaPages 1465 - 1472The article critically analyses the legal framework on protecting children against sexual exploitation in India and UK. India ratified the UNCRC, 1989, in 1996, because it was fully committed to ensuring that children are not sexually exploited. The article discusses the provisions of the POCSO Act to find out whether it is largely punitive as opposed to the very purpose of bringing about the Act as enshrined in its preamble. Article specifically focus on its gender-neutral format, reverse burden policies, and compulsory reporting measures, and discusses the problems associated with the consent of adolescents, constitutional protections, and gaps in its enforcement. The paper also deals with the legal context of UK by examining the three fundamental Acts; the Children Act 1989, the Children Act 2004 and the Sexual Offences Act 2003. It analyses the multi-agency model of safeguarding used in the UK, the focus on welfare, preventive approaches, and incorporation of criminal responsibility into a wider system of child protection. The paper provides a comparative analysis of the legal and structural frameworks used by the two countries to protect children against sexual abuse, and their respective weaknesses, such as the presence of over-criminalization, presumption of evidences, and difficulties in enforcement, and constraints in rehabilitation. The article demonstrates the conflict between punishment and welfare-focused protection. It summarizes by providing solutions that could fix the inadequacies by adapting the unique aspects of both nations by proposing a moderate approach involving deterrence and due process, prevention and child-focused rehabilitation.210 views -
Pages 1473 - 1497Electronic contracts play a transformative role in the modern commercial world by enabling businesses to operate efficiently in a digitally driven economy. By allowing agreements to be formed, executed, and enforced through electronic means, e-contracts eliminate geographical barriers and significantly reduce time, cost, and administrative burdens associated with traditional paper-based contracts. They facilitate seamless commercial transactions across sectors such as e-commerce, banking, insurance, and digital services, thereby supporting the expansion of global trade. E-contracts also enhance business scalability by enabling standardization, automation, and real-time record-keeping, which improves transparency and accountability. With the integration of secure electronic authentication methods and digital signatures, e-contracts ensure legal certainty while maintaining contractual integrity. In an era characterized by rapid technological innovation and increasing reliance on online platforms, electronic contracts have become indispensable tools for fostering commercial certainty, operational flexibility, and economic growth, making them a foundational component of contemporary commercial transactions.143 views
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Reverse Presumptions, Adolescent Consent, and the Limits of Child-Centric Criminal Law under POCSO
Student at Himachal Pradesh National Law University, Shimla, Himachal Pradesh, IndiaPages 1498 - 1509This paper critically analyses the reverse burden of proof mechanism inherent within Sections 29 and 30 of the Protection of Children from Sexual Offences Act (POCSO Act), 2012 , and its broader implications for criminal justice and constitutional rights in India. Unlike traditional criminal jurisprudence, where the prosecution bears the burden of proving guilt beyond reasonable doubt, these provisions create statutory presumptions that the accused has committed the alleged offence or possessed the necessary intent, unless they can affirmatively rebut such presumptions. While judicial pronouncements (e.g, Justin @ Renjith v. Union of India) have upheld the constitutionality of these clauses, stressing that foundational facts must first be established by the prosecution, significant scholarly and judicial criticism persists regarding their compatibility with the fundamental principles of a fair trial, including the presumption of innocence and the right against self-incrimination under Article 21 of the Constitution. The paper argues that, in practice, the reverse onus shifts the evidentiary burden in ways that may undermine procedural fairness, broaden risks of wrongful convictions, and erode public confidence in the criminal justice system. These concerns are heightened in the context of consensual adolescent relationships, which under the current legal framework remain criminal irrespective of mutuality or age proximity. In response to the observed instances of misuse of the POCSO Act, including the criminalisation of consensual adolescent conduct, the Supreme Court has suggested considering a “Romeo–Juliet clause” to differentiate between exploitative conduct and non-exploitative consensual relationships involving adolescents close in age . Such a clause, drawing on comparative legal models, seeks to balance robust child protection with respect for individual autonomy and fair trial ethics by providing narrowly tailored exemptions from prosecution where appropriate.173 views -
Legalities and Challenges in Implementing the Charter of Patients’ Rights to Telemedicine in India: A Medico-Legal Analysis
Research Scholar at Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 1510 - 1525Patient rights are a part of basic human rights. They outline the minimum standards of care any patient should expect from healthcare institutions, doctors and supporting staffs during the course of treatment. While most Indian laws and judicial perspective focus on protecting the doctors to enable them to fearlessly treat patients without constantly worrying about the consequences, laws have not been vocal in fortifying patients’ rights on par with it. This imbalance puts patients at a disadvantage and in a democratic country and welfare state like India this is unacceptable. The National Human Rights Commission codified various facets of human rights into the Charter of Patients’ Rights, 2021 to reinforce the patients’ power to enforce their rights and seek redressal and legal remedy if their rights are violated. The Government of India instead of uniformly adopting it across the entire country asked the states to individually adopt the same as health is a subject under the State List. Thus patients’ rights charters have been adopted by different states with different levels of success in protecting patients using the traditional in-person healthcare system. Telemedicine has been practised in various forms in India for long and post Covid-19 its popularity has skyrocketed. It has been given legal recognition through Telemedicine Practitioner Guidelines, 2020, but the Guideline is silent about patient rights and protection. This research paper suggests that the rights guaranteed to the traditional patients must be extended to patients of telemedicine also. Additionally their digital rights in the tele-medium must also be secured to ensure holistic patient protection and improving their confidence in telemedicine, which is the future of healthcare.257 views -
Pages 1526 - 1537The Nuremberg Trials are regarded as one of the most historical events in the history of modern international law. They represented a radical shift towards a paradigm whereby the liability of wartime behaviour was held mostly at the state level to the one that focused on individual criminal responsibility of the gravest offenses perpetrated throughout the Second World War. The trials were carried out by the International Military Tribunal (IMT) between 1945 and 1946, as a response to the earlier failures of accountability, especially the Treaty of Versailles and the Leipzig Trials, which were both ineffective in bringing major perpetrators to justice after the First World War. With the London Charter, the Allied Powers created new legal categories that previously were not formally codified, such as crimes against peace, war crimes, and crimes against humanity. The Charter also denounced the old sorts of defence like obedience to higher authorities and confirmed that, the political leaders, military officers and heads of state were personally liable in accordance with international law to their acts. However, the Nuremberg Trials, though historically significant, were not uncontroversial. There were critics who said that the process was a kind of justice of the victors, cited selectivity in prosecution, and noted the lack of a permanent appellate process. However, the trials established an intellectual and legal foundation to later international legal frameworks, such as the Genocide Convention (1948), the Universal Declaration of Human Rights, the Geneva Conventions of 1949 and, ultimately, the Rome Statute that established the International Criminal Court. The trial of Admiral Karl Dönitz exemplifies the subtle nature of the Tribunal. Although he was cleared of conspiracy charges, he was found guilty of other crimes, a fact that supports the concept of responsibility that lies on individual behaviour instead of rank or position. All in all, the Nuremberg Trials transformed the world of international law because it introduced human rights safeguards and created a lasting doctrine that no one, no matter his/her position or power, can escape the law of international justice.251 views
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The Evolution and Judicial Development of Cruelty under Hindu Marriage Law in India
Assistant Professor at KES’ Shri Jayantilal H. Patel Law College, Mumbai, Maharashtra, IndiaPages 1538 - 1543The concept of “cruelty” under Hindu marriage law has undergone significant transformation over the decades. Originally interpreted narrowly to include only physical violence, judicial interpretation has expanded it to include mental, emotional, psychological, and economic cruelty. This paper analyses the evolution of the doctrine of cruelty under the Hindu Marriage Act, 1955 (HMA), with reference to landmark Indian case laws.272 views -
Online Gaming Act 2025: Legal and Regulatory Grey Zones
Student at Dr. Ram Manohar Lohia National Law University, Lucknow, Uttar Pradesh, IndiaPages 1544 - 1549India's online gaming scene has really taken off lately. This boom is thanks to more people using smartphones, the growing game-like nature of entertainment, and the popularity of esports. With so many players worldwide, this industry has attracted significant investment from both Indian and foreign investors. But because people became worried about gaming addiction, scams, money laundering, and shady data handling practices, a new law, the Promotion and Regulation of Online Gaming Act, 2025, was enacted. Its goal is to control online gaming and ban online gambling. Even though the Act aims to keep users safe and promote responsible gaming, it has also raised legal and constitutional questions that could affect how the industry grows and how clear the rules are. This article takes a close look at the Act's main parts and highlights major concerns. It also discusses how the Act struggles to distinguish between games of skill and games of chance, even though courts have already recognized that games of skill are legitimate businesses protected by our rights. The article also examines who has the power to make these laws, arguing that gambling and betting are state matters under the Constitution, which raises the question of whether the central government can really make such broad laws. On top of that, it covers how the Act's rules don't really apply to events outside India, the confusing rules on one-time access fees, and the tough registration hurdles for game makers both in India and abroad. The article also examines the broad powers the Act grants for searching and seizing property, which might infringe on our right to privacy. It finishes by stressing that we need a fair and comprehensive set of rules that can properly distinguish between legal games of skill and actual gambling, ensuring compliance with constitutional provisions. It also safeguards user rights and fosters economic and innovation development. Implementing such reforms is crucial for establishing a transparent, equitable, and globally competitive online gaming environment in India.386 views -
Stolen Faces, Borrowed Voices: The Legal Imperative for Regulating Deepfake in India
Student at University of Allahabad, Uttar Pradesh, IndiaPages 1550 - 1567The expansion of Generative Adversarial Networks, or GANs, has created space for new sort of synthetic media known as deepfakes. Our long held conviction that anything you witness with your own eyes must be true is challenged by these audio and video recordings, which appear so real that they make it difficult to distinguish between reality and fiction. This study focuses closely at the legal and ethical repercussions of deepfake technology. Even though it has legitimate creative applications, particularly in fields like entertainment and cinema, it is also turning into a potent instrument for harming people by violating their privacy and undermining public confidence. Also it alerts people to a rising threat to India's democracy: the use of phony audio or video to disseminate misleading information and sway public opinion during elections. This work focuses on how Indian courts are employing personality rights to combat personal data theft and digital impersonation by examining recent court rulings, such as those in the Anil Kapoor and Arijit Singh cases. It also takes a serious look at whether our current legislation the Information Technology Act, 2000 the Bharatiya Nyaya Sanhita and the Copyright Act are strong enough to deal with the difficulties deepfakes provide. This paper argues that although our present laws offer some scattered answers for things like cybercrime and defamation, they fall short in the matter of regulating the particular subject matter of AI generated identity theft and impersonation.1,019 views -
Consent Centrism in Targeted Advertising: Structural Threat to Informational Self Determination
Research Scholar at Rajiv Gandhi National University of Law, Patiala, IndiaPages 1568 - 1577Targeted advertising is one of the less discussed topics within legal analysis and and even lesser known are the legal harms inscribed within the structural framework of targeted advertising. This article first conceptualizes targeted advertising within the legal framework of informational self determination and then critically analyses the structural irregularities in the adequacy of consent centrism in tackling them. The notice and consent mechanism evolved in the DPDPA does not adequately prevent constitutional harms amidst existence of high knowledge and power asymmetries in modern digital market place. The article then delves into a comparative analysis of the multilayered consent framework of the GDPR and its efficacy in solving persisting legal problems under the DPDPA. The DPDPA essentially relies almost completely on consent for legitimising data processing particularly in the absence of strong supervisory mechanisms. However, under the GDPR, consent is not the sole legitimising principle for data processing rather it functions within a broader framework of multiplicity of doctrines, principles and supervising and oversight authorities to provide holistic rights based approach and reducing risk burden on users by reducing reliance on consent mechanism. The article argues that users are in no position to meaningfully consent in structural market asymmetries, thereby lack of other ex ante measures under the DPDPA must be revised as a way forward.201 views -
From Tribunalization to Constitutional Adjudication: Reforming Inter State Water Dispute Resolution in India
Advocate at Bar Council of Tamilnadu & Puducherry, IndiaPages 1578 - 1595Water is the most essential resource for all living beings. It plays a key role in food production, meeting basic human needs, and supporting a healthy ecosystem. Even though water is a renewable resource, its availability is limited. Therefore, we must protect and use it sustainably. This study looks at how well India’s tribunal based system works for settling inter-State river water disputes under the Inter-State River Water Disputes Act, 1956. Although Article 262 of the Constitution allows for judgment through specialized tribunals, the experience shows ongoing delays, inaction from the executive branch, and continued involvement from the Supreme Court. Tribunal decisions often face further judicial review, which leads to duplication and undermines the goal of quick and final resolution. The paper argues that the current system has not provided institutional efficiency or constitutional clarity. By comparing it to the United States model, it suggests a new framework for India. The study concludes that bringing all jurisdiction under the Supreme Court would improve efficiency, consistency, and cooperative federalism, especially as water stress and climate uncertainty increase.190 views -
Pages 1596 - 1605India's insolvency and bankruptcy regime underwent a major revision with the introduction of the Insolvency and Bankruptcy Code (IBC) in 2016. The goal of the new law is to quickly reform and consolidate the laws pertaining to the reorganization and insolvency resolution of people, corporations, and partnership businesses. It signalled a break from the previous recovery strategy and the creation of a system to revive, settle, and reorganize the sick or troubled debtors. The effectiveness of a nation's corporate environment is determined by both the ease with which companies can thrive in the market and the effectiveness of the systems that enable companies to quit the market with the least amount of loss to creditors. For many years, a number of legal procedures in India permitted this kind of exit to business companies. However, it is evident how well the previous laws performed that a comprehensive redesign of the insolvency resolution process was required. According to the Bankruptcy Law improvements Committee Report, the nation's credit system has consistently failed in spite of numerous improvements. The pertinent information demonstrates that the deadlines specified in the Code and its ensuing rules have not been fully followed. Due to this, the debtor's assets have lost value, which has led to poor recovery rates. However, data also indicates that IBC is changing and actively attempting to adjust to the market realities in spite of its shortcomings. This strengthens the conviction that IBC will undoubtedly succeed in achieving its goals soon.104 views
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Non-Recognition and Illegitimacy in International Law: A Comparative Analysis of Rhodesia and the Taliban Regime
Student at Mody University of Science and Technology, Rajasthan, IndiaPages 1606 - 1622This study examines how public international law can refuse to recognize governments that break fundamental human rights, such as equality and self-determination. It compares two major cases - Rhodesia’s white minority government in 1965 and the Taliban’s takeover of Afghanistan in 2021, which has imposed severe restrictions on women. Gender apartheid refers to a system of institutionalized, state-enforced segregation and exclusion of women from public life, education, employment, and basic freedoms solely on the basis of their sex, comparable in severity to racial apartheid.With reference to UN Resolutions 232 concerning Rhodesia and 2593 concerning Afghanistan and expert writings, the research analyzes how the world reacted, what legal rules were used, and what impact non-recognition created. Rhodesia was completely isolated by the United Nations, and after years of economic pressure, it collapsed and accepted Black majority rule in 1980. This shows that non-recognition worked strongly during the Cold War when countries were more united. In contrast, the Taliban face partial isolation in contemporary international order - some countries refuse recognition while others engage pragmatically - showing how divided today’s world is. The study concludes that non-recognition is a powerful normative and legal instrument but must be applied consistently and with humanitarian care.118 views -
The Ancient Indian Statecraft and Policies: A Re-visit to Kautilya’s Arthashastra and its Teachings
Student at Jadavpur University, Kolkata, IndiaPages 1623 - 1636The political and administrative philosophy of Kautilya’s Arthashastra can be considered one of the most influential aspects that shaped the ancient Indian governance system. Composed in the 3rd century BCE during the rise of the Mauryan Empire, the text emerged in a period of political consolidation and administrative transformation under Chandragupta Maurya and his chief advisor, Kautilya, or fondly known as Chanakya. Far from being a non-Western philosophy on kingship, the Arthashastra presents a systematic framework for governance that integrates political authority, economic management, social welfare, and strategic diplomacy. The research article traces the historical background of this text, highlighting Kautilya’s role in shaping Mauryan imperial administration and establishing a centralized state structure guided by solutions based on ground realities. By analyzing the foundational concepts of the Kautilyan state, this research article attempts to consolidate the components of the Arthashastra, recognizing both political authority and institutional organization as pillars of a stable state. Additionally, the study explores the economic, welfare, and diplomatic policies. Arthashastra, as a book on public administration, also emphasizes welfare-oriented governance, a model followed by the contemporary governance system through the constitutional framework. By situating the Arthashastra within its historical and intellectual context, the article argues that the treatise represents a foundational contribution to indigenous political thought. Hence, the study addresses aspects such as ethical leadership, administrative accountability, and a strategic governance framework, which are considered essential for contemporary discussions on polity and public policy in a democratic state like India.587 views -
Global Environmental Norms and the Evolution of Indian Environmental Jurisprudence
Assistant Professor at Subhash Desai College of Law, Mumbai, Maharashtra, IndiaPages 1637 - 1643Environmental protection in India was not always framed as a constitutional concern. For a considerable period, it was largely treated as a matter of statutory regulation. However, developments at the international level - particularly after the Stockholm and Rio Declarations - brought certain guiding principles into global circulation. Ideas such as sustainable development, precaution and the polluter pays doctrine began influencing national debates, including those within India. In the Indian setting, these principles did not enter the legal system through a single legislative reform. Instead, they gradually surfaced in constitutional adjudication. While interpreting Article 21, the Supreme Court began acknowledging that environmental degradation directly affects the quality of life. Over time, concerns relating to pollution, ecological balance and industrial accountability were examined within the broader framework of fundamental rights. International environmental principles were referred to as interpretative aids, assisting the Court in articulating remedies and responsibilities. The expansion of environmental public interest litigation strengthened this movement. Judicial intervention in cases relating to pollution control and environmental management translated broad normative commitments into enforceable obligations. Yet this development has not been free from criticism. Questions continue to arise regarding the limits of judicial intervention and the effectiveness of implementation at the ground level. Indian environmental jurisprudence, therefore, reflects an evolving engagement with global environmental thought. It illustrates how international principles have been read into the constitutional framework through interpretation and adaptation rather than direct transplantation.145 views -
Cross-Border Insolvency and Corporate Restructuring in the Post-Pandemic Era: Convergence, Coordination, and the Future of Global Insolvency Governance
Student at Amity University Uttar Pradesh, Lucknow, IndiaPages 1644 - 1660The growth and integration of the world economy have increased both the size and complexity of corporate bankruptcy cases that cross borders, causing continued pressure on current frameworks for reorganizing corporations by nation. The COVID-19 pandemic acted as a systemic stress test for the transnational system of reorganizing corporations used in different countries, revealing the fragmentation between different systems and creating greater need for coordinated responses to corporate bankruptcy events. This article examines whether there has been convergence to a common approach to cross-border insolvency, namely, modified universalism, as a result of the pandemic. The study uses both doctrinal and comparative analyses of various international commercial law frameworks, including those developed by the UN Commission on International Trade Law (UNCITRAL) (including the UNCITRAL Model Law), regional bankruptcy statutes (such as the EU Insolvency Regulation), and domestic bankruptcy statutes (such as Chapter 15 of the US Bankruptcy Code). In particular, the article examines the legal framework in India for reorganizing corporations under the Insolvency and Bankruptcy Code of 2016 and the likely reforms to that framework over time. The article concludes that while modified universalism continues to provide the predominant standard for corporate bankruptcy resolutions, significant structural inequalities, restrictions on state sovereignty, and exceptions for public policy, among other factors, inhibit the total harmonization of the various cross-border bankruptcy laws. However, innovations in judicial cooperation and collaboration among multinational affiliated companies during the pandemic may support additional movement toward a cohesive framework for coordinating cross-border bankruptcies.225 views -
The Development and Operation of Public Interest Litigation in India and Recommendations for Vietnam
Student at Hanoi Law University, VietnamPages 1661 - 1676The article focuses on a comprehensive and in-depth analysis of the mechanism Public Interest Litigation (PIL) in India, one of the most unique judicial innovations of Common Law in the 20th century. The development and operation of PIL in India is a typical example of the proactive role of the judiciary in addressing social issues and controlling state power. The development and operation of PIL in India is a typical example of the active judicial role in addressing social issues and controlling state power. This article provides an overview of PIL in India, analysing typical legal regulations and judicial practices, while also proposing legal lessons that could inspire the establishment of a similar mechanism in Vietnam to improve the public interest protection system in Vietnam, aiming for a humane, accessible, and effective judiciary.180 views -
Pages 1677 - 1690While the rapid expansion of digital platforms has been beneficial to the creation, circulation, and consumption of news content, it has also been a major contributing factor to the problem of unauthorized distribution. Social media networks, search engines, news aggregators, and user-generated content platforms are frequently the places where unlicensed excerpts, snippets, or entire articles are hosted or shared without proper authorization, thus raising complex questions of copyright liability. This article compares the platform liability regimes in India, the European Union (EU), and the United States (US) regarding the unauthorized digital distribution of news content. In India, the intermediary liability as per Section 79 of the IT Act, read with the 2021 IT Rules and the Copyright Act, provides a conditional safe harbour but is silent on targeted mechanisms for the protection of news publishers. On the other hand, the EU’s DSM Directive, in particular Article 15, creates a specific “press publishers’ right” thus, charging platforms with the obligation of licensing and filtering. The US DMCA takes a more subdued stance with a “notice-and-takedown” approach as per Section 512, which is the reason why the liability is waived if the platform, upon obtaining actual knowledge of the infringement, acts promptly.259 views
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Human Rights Impact of Implementing the International Pandemic Agreement: The Case of Mongolia
Head of the Department of Private Law at Shihihutug Uiversity, MongoliaPages 1691 - 1704Some human rights may be limited by law, but they must be justified, necessary and consistent with the norm. This restriction is essential to respect human rights when taking measures during mass epidemics and quarantines, and requires careful consideration of human rights issues when implementing pandemic agreements. When the pandemic agreement is ratified by each State and the measures are contained and it is implemented each member State is obliged to make decisions in accordance with its own domestic legislation (Assembly, 2021). The restriction is intended to ensure the safety of citizens and society, and the imposition of the restriction must be accompanied by respect for Human rights, reasonable treatment and complains with the requirements and fairness. A violation of principles is considered if it does not comply with the purpose of protecting interests or if it deviates from that purpose and takes actions directed against it. New international legal regulations on human rights are necessary internationality due to the fact that the responsibilities and obligations expected during the pandemic are tie; to the internal laws of the countries, and pandemic treaty is still in the negotiating stage, which has not yet been finalized. My research is focused on the critical impact of the pandemic on Human Right Protection and supporting reforms in the legislative process.320 views -
Pages 1705 - 1728The Indian Constitution embodies a transformative vision of governance premised on the establishment of a welfare state committed to securing social, economic, and political justice for all citizens .Unlike classical liberal constitutions that confine state responsibility to maintaining law and order, the Indian constitutional framework imposes positive obligations upon the State to actively intervene in socio-economic life in order to reduce inequality, eradicate poverty, and promote human dignity . This commitment finds its most explicit articulation in the Directive Principles of State Policy, which collectively function as the moral and ideological foundation of Indian governance . In furtherance of these constitutional ideals, the Indian State has implemented a wide array of welfare schemes aimed at employment generation, poverty alleviation, food security, health care, and social protection. However, despite this extensive welfare architecture, a persistent gap continues to exist between constitutional objectives and the lived realities of beneficiaries .Welfare schemes often suffer from administrative inefficiency, corruption, exclusion errors, and weak accountability mechanisms, raising fundamental questions about the effectiveness of India’s welfare model. This paper undertakes a critical examination of this gap through an in-depth analysis of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA), which represents a paradigmatic shift in Indian welfare jurisprudence by transforming employment from a discretionary benefit into a legally enforceable right . By analysing the constitutional foundations, objectives, implementation mechanisms, governance challenges, and judicial interventions associated with MGNREGA, the study evaluates whether the scheme has succeeded in realising the constitutional promise of socio-economic justice. A comparative analysis with selected foreign welfare models is also undertaken to identify governance practices that contribute to effective welfare delivery. The paper argues that the failure of welfare schemes in India is not rooted in constitutional design but in systemic governance deficits and institutional weaknesses that undermine implementation.170 views
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Celebrity identity in contemporary India has evolved beyond a matter of personal dignity or privacy and increasingly operates as a commercially valuable asset. In modern markets shaped by advertising, endorsements, merchandising, and digital platforms, the name, image, voice, and likeness of public figures often function as commercial signifiers capable of influencing consumer perception. Despite this economic reality, Indian law does not recognise personality rights through a dedicated statutory framework. Protection has instead developed through judicial interpretation. Indian courts have relied upon constitutional principles, privacy jurisprudence, and intellectual property doctrines to address the unauthorised commercial use of celebrity persona. Among these mechanisms, trademark law has emerged as a significant, though indirect, protective tool. By extending principles of goodwill, misrepresentation, and passing off, courts have restrained false endorsements and misleading commercial associations. However, trademark law was not originally designed to regulate control over personal identity. Its primary focus remains the prevention of consumer confusion and the protection of commercial identifiers. This paper examines personality rights as commercial interests within the framework of Indian trademark law. It analyses key judicial decisions, evaluates the adequacy of trademark-based remedies, and considers challenges arising in the digital marketplace. Through limited comparative reference to developments in the United States and the United Kingdom, the paper assesses whether Indian law requires clearer recognition of personality rights in light of expanding commercial and technological realities.268 views
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Pages 1750 - 1767Within the current era of history, the rule of law has arrived at a crossroads with global capitalism as the dynamics of economic globalization continue to create the parameters of the rule of law and other notions of legal and political authority. This paper will seek to analyze the complex relationship that has materialized between the rule of law and global capitalism-transnational economic activities and institutions that impact the scope of the rule of law and notions of sovereignty within the context of national jurisdiction. Rooted in the historical substance of liberal democratic theory and politics, the rule of law was originally developed as a method of ensuring equality, justice, and accountability within a specific national jurisdiction. Within the framework of global capitalism, the original rationales of the rule of law have been redefined within the context of the privatization of regulation and the development of transnational systems of legal authority. This research addresses important challenges arising from the dominance of global capital: democratic accountability, inequalities between developed and developing countries, and increasing tension between commercial and social justice interests. It further discusses how international organizations strive for a balance between economic efficiency and human rights, environmental protection, and social justice. The paper will conclude that, whereas globalization has achieved economic integration and growth, it has in turn weakened the universality of the rule of law with its partiality to corporate power over public interest. Finally, the paper calls for a reordered rule of law infused with inclusiveness, equity, and global justice. In return, international legal frameworks will need to be strengthened to ensure accountability of transnational corporations and equal participation by all states in global decision-making. The paper ends with the conclusion that the future of the rule of law within an era of global capitalism hangs upon the establishment of a just, transparent, and democratic global legal order that can balance economic progress against social and moral imperatives.2,320 views
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Navigating Regulation and Reproductive Autonomy: An Analysis of the Assisted Reproductive Technology (Regulation) Act, 2021
Research Scholar at Faculty of Law, University of Lucknow, IndiaPages 1768 - 1779The Assisted Reproductive Technology (Regulation) Act, 2021, represents India's first law that governs assisted reproduction and fertility. Current developments in the field of assisted reproductive technology necessitated the creation of this new Act. Thus, the researcher shall analyze the Act critically in terms of the Indian Constitution, in particular, concerning the rights pertaining to privacy, dignity, equality, and reproductive autonomy, as well as the case law that defines those rights. Additionally, the researcher shall assess the provisions of the Act which do not afford all individuals consideration for an assisted reproductive technology as well as the provisions regarding the age restrictions imposed upon individuals in accessing the assisted reproductive technologies. This study also examines how courts are dealing with posthumous reproduction. Courts operate with varying degrees of discretion owing to the absence of legislation on this point, fostering a body of jurisprudence that is, albeit fragmentary, rights-focused. While it is positively noted that they address the legislative void, however they are ironically, quite prescriptive, and to some extent, protectionist. The paper concludes by proposing reforms aimed at enhancing inclusivity, affordability, privacy protection, and adaptive governance. Ultimately, it contends that the success of India’s assisted reproduction regime will depend on its ability to remain responsive to constitutional values and social change, ensuring that regulation functions as a framework for empowerment rather than constraint.106 views -
Naxal-Free India and Economic Development: A Contemporary Socio-Economic and Policy Analysis
Assistant Professor at Department of Commerce, PSG College of Arts & Science, Coimbatore, Tamil Nadu, IndiaPages 1780 - 1785Left-Wing Extremism, often called Naxalism, has long obstructed economic progress in India’s resource-rich yet socially and economically marginalized areas. Recent data from 2024 to 2026 shows a significant drop in Naxal influence, with impacted districts decreasing from 126 in 2013 to around 11 to 18 by 2025. This leaves only a few areas with ongoing activity (Ministry of Home Affairs, 2025). This study explores the connection between the reduction of Naxalism and economic development outcomes. By using secondary data from government reports, policy documents, and academic literature, the study examines how a Naxal-free environment boosts investment, infrastructure, employment, and human development. The findings indicate that eliminating Naxalism serves as a catalyst for inclusive growth and regional fairness. The paper concludes that continuous development, community involvement, and tribal empowerment are crucial for lasting peace and economic change.94 views -
Digital Trade and Cross-Border E-Commerce: A Legal Framework Analysis
LLM in International Business Law, Kings College LondonPages 1786 - 1805The world economy has been highly digitized which has broken the physical barriers that existed to trade and has led to a boom in the e-commerce across national boundaries. Nevertheless, this borderless marketplace exists within a geopolitical terrain that is still characterized by the existence of a territorial sovereignty which generates a fundamental legal lag between the technological change and the adjustment of regulation. The research paper is a critical study of the complex legal issues that intersect at the border between international business and digital trade law. By analyzing international regimes (WTO, UNCITRAL) and comparing the US, EU, and China, this paper identifies four primary legal friction areas: jurisdiction and dispute resolution, data protection and privacy, intellectual property rights, and taxation. The paper discloses the emerging inadequacy of old ideas of jurisdiction in establishing liability in a virtual world where physical presence is insignificant. Provided that mechanisms like Online Dispute Resolution (ODR) and Long-Arm statutes present partial solutions, there is a lot of ambiguity left. Moreover, the difference in the models of data governance including the rights-oriented GDPR in the EU and the sovereignty-oriented data localization in China poses a threat to the break-up of the global internet as it would force the company to increase the cost of compliance. Lastly, the importance of Base Erosion and Profit Shifting (BEPS) in the digital economy and existing OECD recommendations on tax reform are discussed. The study concludes that until an aligned system of Digital Trade Facilitation and a harmonized regulatory framework, the potential of the digital economy would be suffocated by the legal uncertainty and protectionism.233 views -
Cross-Border Medical Tourism in South Asia: Legal, Ethical, and Policy Dimensions of Bangladeshi Patient Mobility
Student at University of Asia Pacific, Dhaka, BangladeshPages 1806 - 1814Cross-border medical tourism has emerged as a significant phenomenon in South Asia, particularly with Bangladeshi patients traveling to India for treatment. This study investigates the determinants, legal frameworks, and ethical considerations shaping cross-border healthcare mobility. Using a mixed-methods approach that combines empirical evidence, policy analysis, and comparative literature review, the research identifies key motivators for patient mobility, including affordability, quality of care, and cultural-linguistic familiarity. It further examines regulatory and legal barriers, such as visa restrictions, fragmented healthcare regulations, and the absence of bilateral healthcare agreements, which impede patient access and equity. Ethical implications surrounding patient safety, informed consent, and host-country obligations are analyzed. Comparative lessons from South Korea and other global medical tourism hubs provide insights into rights-based governance and policy standardization. The study concludes with recommendations for improving legal, ethical, and policy frameworks to protect patient rights, enhance equity, and streamline cross-border healthcare access for Bangladeshi patients.118 views -
Mergers and acquisitions (M&A) have emerged as significant strategic tools for corporate restructuring and expansion in India, particularly in the context of globalization, liberalization, and rapid economic development. Indian companies increasingly engage in M&A transactions to achieve economies of scale, enhance market share, acquire technological capabilities, and strengthen competitive positioning in domestic and international markets. This paper examines the conceptual framework, legal and regulatory regime, and economic implications of mergers and acquisitions in India. It analyses the role of statutory authorities such as the Companies Act, 2013, the Competition Commission of India, and the Securities and Exchange Board of India in regulating M&A activities. Furthermore, the study highlights the benefits and challenges associated with M&A transactions, including corporate synergy, shareholder value creation, regulatory compliance, and post-merger integration issues. The paper concludes that while mergers and acquisitions contribute significantly to corporate growth and economic development, effective regulatory oversight and strategic planning are essential to ensure sustainable and equitable corporate consolidation. The idea of corporate governance is about the entire business build of corporations; that is how companies are to be managed or directed. Corporate governance has progressed from an idea based strictly on protecting shareholders to a more holistic approach.131 views
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Territorial Trademark Rights in a Non-Territorial Digital Marketplace: Challenges of Cross-Border Social Media use under Indian Law
LL.M. Student at School of Law, CHRIST (Deemed to be University), Bengaluru, IndiaPages 1841 - 1854Historically, trademark law has been applied in geographically delimited markets in which usage, reputation and implementation of trademarks could be identified. Nevertheless, the emergence of social media platforms, influencer marketing and specific online advertising has dramatically broken this territorial paradigm. Trademarks have become a common practice in the digital space that goes beyond national borders, making it possible to exploit the brand without physical penetration of the market. The law of Indian trademarks, the main law being the Trade Marks Act, 1999, is still based on the territory premise and does not have a legal framework that would regulate the Indian consumer-based trademark use initially originated outside India. The paper reflects on the failure by the Indian trademark law to regulate cross-border digital trademark-use by following a critical approach on the failure of such regulations in the Indian trademark law, specifically under social media-driven practices like hashtags, tagging, influencer recommendations, and digital advertising. It states that the current statutory provisions, such as Sections 2(2)(b), 29(4) and 29(29) and 134 of the Trade Marks Act do not work well in establishing the situation when online actions is considered the use in the course of trade in the context of India. Using the case law of India, one of them being Marico ltd v Abhijeet Bhansali, Toyota Jidosha Kabushiki v. Louis Vuitton Malletier v. Prius Auto Industries Ltd., and. The paper implies the inefficacy of the existing judicial approaches, which is illustrated by Future time Technology India Pvt. Ltd. Based on comparative jurisprudence about the European Union, the United States, and the United Kingdom, the paper suggests the implementation of statutory digital-use doctrine to rely on a targeting test and an ordered system of influencer-liability. It draws the conclusion that, unless so reformed, territorial trademark rights will be rendering ineffective in a non-territorial digital marketplace.121 views -
Essential Religious Practices Doctrine: A Threat to Religious Pluralism?
LL.M. Student at Amity Law School, Amity University, Punjab, IndiaPages 1855 - 1868This paper examines the Essential Religious Practices (ERP) doctrine and its impact on the constitutional value of religious pluralism in India. While the doctrine emerged as a judicial mechanism to balance religious autonomy with social reform under Articles 25 and 26, it has increasingly led to the standardization of religious belief. The research argues that the current judicial implementation of the ERP doctrine endangers pluralism by favouring orthodox, text-based interpretations over lived, syncretic, and evolving practices. Through a doctrinal and analytical methodology, the study scrutinizes landmark Supreme Court decisions- including Sabarimala, Shayara Bano, and the hijab case- to highlight inconsistencies in judicial reasoning and the problematic transformation of secular courts into theological adjudicators. The analysis reveals that the ERP framework often marginalizes minority voices, reinforces intra-religious power hierarchies, and conflicts with the principles of constitutional morality. The paper concludes that the ERP doctrine, in its present form, acts as a constraint on religious diversity rather than a safeguard. It proposes a shift toward a rights-based and dignity-oriented framework that prioritizes individual autonomy and the prevention of harm over the determination of theological essentiality. Such a reorientation is necessary to preserve the transformative promise of the Indian Constitution and ensure a truly pluralistic secular order.174 views -
Redefining Armed Conflict in the Age of AI and Cyber Warfare
Assistant Professor at Vinayaka Mission's Law School, Vinayaka Mission's Research Foundation - DU, Chennai, IndiaPages 1869 - 1877With the arrival of artificial intelligence (AI) and cyber technologies, the character of warfare has changed significantly, requiring a reconsideration of what constitutes armed conflict in international law. Legacy legal structures that emerged from the kinetic and territorial constructs of the last century are poorly suited to digital provocations that reach beyond national boundaries or traditional levels of force. This article analyzes the transformation of armed conflict in the digital age, with a particular emphasis on AI-enabled weapons systems and cyber operations as novel forms of warfare. It examines the inadequacies of IHL, the challenges of attribution in algorithmic warfare and whether cyber operations that do not result in physical damage can amount to armed conflict. Based on doctrinal analysis, state practice and emerging norms - notably the Tallinn Manual - the article calls for a rehabilitation of armed conflict that would include algorithmic, informational and cognitive aspects of warfare. It ends by calling for the establishment of a “Digital Geneva Convention” and argues that putting ethical AI principles into IHL can help protect humanity in this era of autonomous and cyber warfare.138 views -
Cyber Crime against Women in India: Legal Framework and Ground Realities
Assistant Professor of Law at Faculty of Law, ICFAI University, Tripura, IndiaPages 1878 - 1908Opportunities for empowerment, expression, and communication have increased due to India's fast digitisation, especially for women. But this digital revolution has also resulted in a sharp increase in cybercrimes against women, including identity theft, online harassment, cyberstalking, non-consensual sharing of private photos, and new dangers like deepfake abuse. In addition to violating women's privacy and dignity, these acts perpetuate pre-existing trends of gender-based violence in cyberspace. With special reference to the Information Technology Act, 2000 and pertinent criminal law legislation, as well as fundamental guarantees of equality, dignity, and privacy, this essay critically analyses the legal framework controlling cybercrimes against women in India. It also examines institutional procedures and judicial reactions to similar crimes. The study identifies enduring issues such underreporting, social shame, low cyber literacy, enforcement gaps, and jurisdictional complexity by contrasting law provisions with actual circumstances. The paper contends that despite its evolution, the current legal system is still inadequate to adequately address the gendered aspect of cybercrimes. In order to guarantee safer and more inclusive digital spaces for women in India, it ends by highlighting the necessity of gender-sensitive legal reforms, law enforcement agencies' capacity building, platform accountability, and a victim-centric strategy.166 views -
Pages 1909 - 1930Artificial Intelligence (AI) has quickly moved from being a futuristic idea to a practical tool that shapes everyday business, creativity, and decision-making. As companies increasingly rely on AI to design products, market services, and engage with consumers, legal systems are also being pushed to adapt. One important area experiencing this shift is trademark law, which protects brand names, logos, and symbols that help consumers identify the source of goods and services. In India, trademark protection is mainly governed by the Trademarks Act, 1999, supported by court decisions and international agreements such as TRIPS and the Madrid Protocol. Yet, the rise of AI brings new realities that traditional trademark principles did not originally anticipate. This article looks at how AI is influencing the way trademarks are created, used, and protected. AI tools can now generate brand names, design logos, and monitor online markets for infringement, making trademark management faster and more efficient. At the same time, these technologies raise difficult legal questions. Who owns a trademark created by an AI system? Who is responsible when AI replicates or misuses an existing brand? How should the law deal with infringement that occurs automatically and at large scale across digital platforms? By examining legal principles and recent technological developments, this study explores whether India’s current trademark framework is prepared for these changes. While AI offers valuable support for protecting brands, it also challenges traditional ideas based on human creativity and intention. The article argues that trademark law in India must gradually evolve to respond to AI-driven commerce, while continuing to focus on its main purpose preventing consumer confusion, protecting business goodwill, and ensuring fairness in the marketplace.103 views
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Impact of Radioactive Materials on Human Environment
Student at Government Law College, Coimbatore, IndiaPages 1931 - 1943Radioactive materials, also known as radionuclides, are substances with unstable atomic nuclei that spontaneously release energy and particles as they decay into a more stable state. This decay process, called radioactivity, can be naturally occurred or induced by anthropogenic activities. Radioactive materials, while essential in certain industries such as energy production, medical treatments, and scientific research, pose significant threats to the human environment through their persistent and often invisible presence. Radioactive contamination can result in environmental disasters with serious health impacts on humans, wildlife and eco-systems. This study explores the environmental and health impacts of radioactive substances released from nuclear accidents, improper waste disposal, industrial activities, and natural sources. The dispersion of radionuclides in air, water, and soil can lead to long-term contamination, affecting ecosystems and entering the food chain. Human exposure-whether through inhalation, ingestion, or direct contact-can result in acute health effects such as radiation sickness and long-term consequences including genetic mutations, cancer, and reproductive issues. This paper also examines regulatory frameworks, monitoring strategies, and remediation efforts aimed at mitigating the risks posed by radioactive contamination. By understanding the pathways and effects of radioactive materials, we can better develop sustainable policies and technologies to protect both human health and the environment.101 views -
Compassion in Scripture, Cruelty in Practice: A Critical Study of Religious Ethics and Animal Rights in India
Guest Faculty at Madhusudan Law University, Cuttack, Odisha, IndiaPages 1944 - 1968The discourse on animal rights has predominantly been shaped by secular legal, philosophical, and ethical narratives. However, religious traditions worldwide have long advanced principles that parallel and, in many cases, predate contemporary movements against animal cruelty. This paper, "Animal Rights in Religious context : A Critical Assessment in the context of Animal Cruelty", undertakes a critical examination of the moral, spiritual, and doctrinal teachings of major religions, reassessing their relevance and applicability in addressing current challenges to animal welfare. Drawing on Hinduism, Buddhism, Jainism, Islam, Christianity, and Sikhism, the study identifies unifying ethical concepts such as ahimsa (non-violence), compassion, stewardship of creation, and the sanctity of living creatures right to life. Hindu and Jain philosophies place non-harm and reverence for all sentient beings at the centre of moral conduct. Buddhism emphasises universal compassion and the alleviation of suffering across species. Islamic jurisprudence mandates humane treatment and prohibits unnecessary harm. Christian theology frames humanity as caretakers of God’s creation, entrusted with its protection. Sikhism similarly enshrines respect for life as an essential spiritual principle. This re-assessment emerges from the widening gap between these doctrinal ideals and the persistence of systemic cruelty toward animals—manifest in factory farming, exploitative entertainment industries, illegal wildlife trade, and the neglect of stray populations. The paper juxtaposes religious teachings with legal frameworks, particularly the Prevention of Cruelty to Animals Act, 1960, and the evolving interpretation of Article 21 of the Indian Constitution to include animal welfare, exploring how religious ethics might complement and strengthen secular law. It further addresses the challenge of selective adherence to, or misinterpretation of, religious principles, often influenced by cultural traditions, economic priorities, and modern consumerist practices. The study advocates for an integrated approach where religious morality actively shapes policy, legal reform, public education, and grassroots initiatives, fostering a deeper, internalised sense of responsibility toward animals beyond mere legal compliance. Ultimately, the paper argues that when reinterpreted in the light of modern ethical imperatives, religious traditions possess significant transformative potential—bridging the moral deficit that enables cruelty, inspiring societal change, and reaffirming the interconnectedness of all life as both a spiritual conviction and a moral duty.103 views -
A Study of Cyber Law Ecosystem in Indian Context
Assistant Professor at COER University, Roorkee, IndiaPages 1969 - 1999The context of this paper explores, the legal, regulatory, and institutional mechanism of Indian Cyber law framework. Analysing the effectiveness of cyber law in dealing with various threats like cyber frauds, misuse of digital platforms, and privacy violations etc. The rapid growth of India’s digitalization, economy and society has necessitated a robust and adaptive legal framework to govern cyberspace. The Indian cyber law primarily driven by Information Technology Act, 2000 and Information Technology (amend) Act, 2008 has evolved a significant address to tackle cybercrimes, digital governance, data protection, and emerging technologies. Cyber law also addresses data protection act and data privacy act around cybersecurity policy and digital sovereignty for a secure and inclusive digital future. The cyber law also examines the role of judiciary, sector-specific regulators, law enforcement in shaping cyber jurisprudence. This study highlights the Indian cyber law legal perspectives, cyber law across globe, government initiatives in developing cyber law, capacity building, and multi stakeholder engagement to strengthen cyber law ecosystem with constitutional values and best practices.140 views -
BNSS and the Future of Victim-Centered Criminal Justice in India
Student at IILM University, Gurgaon, IndiaPages 2000 - 2013Any society's primary means of addressing wrongs, deciding offenders, and upholding order is the criminal justice system. The Indian criminal justice system has historically placed a higher priority on the state's interest in pursuing criminal cases and defending the accused's procedural rights. This is largely due to colonial laws such as the Indian Penal Code, 1860 (IPC) and the Code of Criminal Procedure, 1973 (CrPC). Many academics refer to the victim of crime as a "silent stakeholder," whose voice, dignity, and reparations were hardly ever at the center of the decision-making process. However, this traditional jurisprudence has undergone a significant change with the adoption of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to replace the CrPC. BNSS represents not merely a legislative re-drafting of procedural law but a conscious legislative choice to embed victim-centricity, expedite justice delivery, and reconceive justice as restorative, participatory, and dignified. The criminal justice system in India underwent the most extensive reform in more than fifty years. The colonial-era Code of Criminal Procedure, 1973 (CrPC) has been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which was passed by Parliament and went into effect on July 1, 2024. The BNSS is a contemporary procedural code that aims to simplify justice, incorporate technology, and reorient the system toward citizen and victim-centered values. The BNSS essentially restructures how criminal procedure accommodates victims in the justice process, while the Bharatiya Nyaya Sanhita (BNS) and the Bharatiya Sakshya Adhiniyam (BSA) update the substantive penal code and the rules of evidence, respectively. A victim-centric approach to criminal justice acknowledges victims as essential participants who are entitled to information, protection, restitution, and meaningful involvement throughout the criminal process, rather than as passive witnesses or merely informants. In the past, victims played a supporting role in India's legal system, which was largely centered on the state-accused dichotomy. By formally integrating victims' rights and procedural safeguards into the criminal procedure framework, the BNSS aims to subvert this paradigm. The main victim-centered reforms of the BNSS are examined in this essay, along with their legal underpinnings, comparative background, practical applications, constraints, and anticipated impact on India's criminal justice system going forward.269 views -
Impact of Artificial Light at Night on Flora and Fauna and Human Beings
Student at Government Law College, Coimbatore, IndiaPages 2014 - 2029In many of the world’s major cities, stargazing is something that takes place in a planetarium. Due to the rapid urbanisation of the nations, there is excessive increase in the use of Artificial Light at Night (ALAN). Synthetic light has served society well by, for example, increasing the duration of the productive day, providing additional time not only for work but also for recreational purposes that need light. Light pollution is a term that describes massive, unjustified, and excessive usage of artificial light in the form of exterior light sources. Studies conducted by the scientists implying that light pollution may have long-term negative impacts in both human and wildlife health. Artificial lights disturb the ecosystems through changing the conducts of nocturnal wildlife, such as mammals, birds, and insects. This affects the activities such as mating, and navigation and it gives rise to ecological imbalances. Plant life also suffers, with artificial light affecting flowering times, growth patterns, and community structure. Artificial light leads to the disruption of melatonin secretion and disturbed Sleep architecture of human beings. The latter has been associated with mood disorders, impaired cognitive function, and a higher risk of chronic diseases like obesity and cardiovascular disorder. There are some global initiatives to mitigate the light pollution such as The International Dark-Sky Association (IDA), The World Atlas of Artificial Night Sky Brightness, International Year of Light and Light-based Technologies (IYL 2015), and The Globe at Night Program. In India there is no law to regulate the light pollution. There is an immediate need to regulate the use of Artificial Light At Night in India. This study advocated for generating the awareness concerning the light pollution and stressed the need for regulation of the light pollution in India.107 views -
Corporate Environmental Responsibility: The Way Forward
Student at Government Law College, Coimbatore, IndiaPages 2030 - 2040In today’s rapidly industrializing world, the responsibility of corporations in mitigating environmental harm has become increasingly significant. This paper aims to assess the recent trends and developments in Corporate Environmental Responsibility (CER) in India, particularly its legal, regulatory, and business-related aspects. The study identifies relevant legal frameworks for addressing concerns on Corporate Environmental Responsibility in India, such as the various Acts like the Environment Protection Act, 1986, the Forest Conservation Act, 1988, etc. It is noteworthy though, that even as there has been some positive development, there are certain negative factors such as a lack of clarity in the regulations, weak implementation, and limited funding which impact the practice of CER. Key findings show that certain companies have evolved and have infused the principles of sustainability in their organizations, but the lack of robust rules and proper enforcement remains a key obstacle. The conclusion of this research presents recommendations for the improvement of CER in India which include, among others, establishment of distinct regulatory practices, improved enforcement, formulation of standard reporting uniformity, and population education. Ultimately, this study emphasizes how CER is important not merely within the sphere of environmental protection but also from the point of strategic as well as long-term business considerations in a globalizing market that is progressively becoming eco-conscious.124 views -
Generation Z and The Digital Credit Paradigm
Student at R A Podar College of Commerce & Economics, Mumbai, Maharashtra, IndiaPages 2041 - 2055With an emphasis on the transition from traditional financial intermediaries to tech-driven credit solutions, this study explores the adoption and behavioral patterns of Generation Z (Gen Z) within the digital credit platforms. Gen Z's financial decision-making is increasingly shaped by a combination of technological access and social influence because they are digital natives. In addition to examining the characteristics that shape particular usage patterns among this cohort, this study examines the primary motivations for digital credit usage, which ranges from promotional offers and lifestyle consumption to the necessity of bill management and emergency coverage. The study investigates how seamless app-based user experiences, perceived ease of approval, and the absence of collateral contributes to higher adoption of digital credit. Additionally, it examines the psychological and behavioral aspects of this paradigm change, assessing the relationship between impulsive spending tendencies, institutional trust, and financial confidence. This study identifies a "convenience-driven" economic model that emphasizes cash flow flexibility and quick access to funds by examining how Gen Z manages the shift from conventional payment methods to digital credit. The results offer important insights for financial educators, FinTech developers, and regulatory agencies regarding whether digital credit encourages lifestyle-driven debt or a strategic tool for cash flow management.146 views -
Pages 2056 - 2072Digital rural transformation in India has emerged as a strategic priority for inclusive development, seeking to bridge urban–rural disparities by leveraging information and communication technologies (ICT). The Government of India has implemented multiple policy initiatives such as Digital India, PM-WANI, e-governance platforms, and rural connectivity schemes to expand digital infrastructure and services across villages. These policies are complemented by regulatory frameworks that govern internet access, digital payments, and quality standards, affordable. Despite substantial progress in digital literacy and connectivity, challenges remain—such as persistent digital divides due to socioeconomic factors, limited digital skills, and infrastructure gaps in remote regions. The study concludes that strengthened governance and regulatory mechanisms are key to achieving long-term digital inclusion and rural development in India.111 views
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Pages 2073 - 2088In India the startups play a significant role in economic development by focusing on innovation, competition, and productivity in all sectors. It provides employment opportunities, specifically for youth and skilled persons, and it reduces unemployment. It proposes new technologies and business models, and these startups promotes the efficiency and market expansion. The startups maximize economic diversification which reduces the dependence on traditional industrial sectors. It strengthens the capital formation for opting the foreign and domestic investments. It collaborates with private and government sectors by integrating policy formation public services. Startups concentrates on green technologies and public enterprises. Thus, the startups create long-term economic development, resilience and adaptability in India economy.206 views
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Pages 2089 - 2096Tourism creates millions of jobs and contributes 10.4% of the global GDP, yet it frequently damages the environment through pollution, resource depletion, and habitat degradation. Ecotourism, defined as responsible travel to wilderness areas, conserves biodiversity, educates tourists, and helps communities at large, has grown into a popular strategy. It aligns with sustainable development concept mentioned in Brundtland Report and UN resolutions. Ecotourism a form of sustainable tourism aims to balance the impacts on the environment, economy, and society highlighting the significance of stakeholder interaction, policy support along with the community involvement in promoting ecological integrity, cultural preservation, and equitable livelihoods in protected areas. This study examines the alignment of ecotourism with sustainable development principles and covers frameworks for evaluating tourism potential, such as infrastructure, accessibility, and attractions.108 views
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A Critique on Right to Environment vs. Right to Development: A Need to have a Balanced Approach
Assistant Professor at Christ University, Bengaluru, Karnataka, IndiaPages 2097 - 2106In the 21st century, the major challenge before every nation in the world is ‘environmental protection’. Due to the population explosion in many countries, especially in Asia and Africa, the demand for jobs, housing, and industries, has shown a sharp increase. To meet the needs of the citizens at large, countries are encouraging a greater number of industries in their geographical territories. This, undoubtedly, solves the problem of unemployment to a major extent, but at the same time, creates problems for the environment as meeting these demands generally comes at the cost of ‘environment degradation’. A recent flood-like scenario in Gurugram reflects the fact that constructing more houses, industries, and other modes of ‘convenience’ results in chaotic conditions for the people. Exploitation of natural resources through various means like illegal mining, deforestation, etc. is problematic for the nature at large. Hence the paper attempts at delving into the circumstances that are responsible for the degradation of the environment and their impact on the people at large, and also the need for taking prolific steps for ensuring the development of society at the same time. Development is possible by ensuring a good standard of living for the citizens by providing them jobs, building good infrastructure, etc., which is primarily possible due to the establishment of companies, industries, etc. There has to be a balance between the demands of the society and the environment, as over-exploitation of natural resources and deforestation will lead to more problems in the coming days for a country like India that is densely populated and has 17 percent of the share of the world’s population, but occupies only 2.4 percent of the world’s geographical area. The study focusses on creating a balance between the right to environment and development. The research methodology is doctrinal including the principles of applied research.98 views -
Constituent Assembly Vision on the UCC
Student at National Law University, Delhi, IndiaPages 2107 - 2113This research paper aims to analyse the main objectives and goals of the Constituent Assembly of India and its debates on the Uniform Civil Code (UCC) and its application in India. It explores the various factors surrounding the debate and explains why the UCC was not made into an enforceable law at the time. It also explores its modern-day connotations, as some states in India are now introducing the UCC at the state level. The article uses both doctrinal materials and case law to examine how things were, trace their present, and identify future trends. The implication of this study is that it can be used to identify how the UCC's outlook has changed and continues to evolve, with major implications for marriage and divorce laws and the very nature of marriage itself.119 views -
Comparative Analysis of Constitutional Amendment Models of India, USA, Germany and Turkey
Research Scholar at India International University of Legal Education and Research, Goa, IndiaPages 2114 - 2133The cornerstone of any nation, its constitution, must weather the winds of time. While these foundational principles need to endure, they also need the adaptability to remain relevant in an evolving world. Striking this delicate balance lies at the core of the complex process of amending a constitution. This process acts as a gatekeeper, carefully evaluating proposed changes. This ensures thoughtful and necessary revisions, protecting the document from frivolous alterations. Revisions may address new realities, correct outdated provisions, strengthen democratic institutions, or expand individual rights. However, vigilance is crucial to prevent manipulation for personal gain, which can undermine democracy itself. Furthermore, federal or composite states add another layer of complexity. Amendments often require consent from diverse units, demanding careful consideration of all voices and perspectives within the nation. Ultimately, the amendment process is a dynamic dialogue, a continuous negotiation between stability and progress. Like a gardener adapting their approach, it must be responsive to the unique context and challenges faced by each nation. This research paper seeks to delve into a comparative analysis between the amendments procedures of India, USA, Turkey and Germany with the objective to highlight the various similar bedrock principles of the amendment procedure while also describing in detail the various unique features. The authors also strive to elucidate upon the relevant dissimilarities.202 views -
Regulating Sexual Harassment in the Workplace: U.S. Experience and Policy Lessons for Vietnam
Student at Vietnam Youth Academy, Hanoi, VietnamPages 2134 - 2148Sexual harassment in the workplace is not merely a violation of human rights but a structural impediment to labor productivity and social order. It also causes negative consequences for the working environment, labor productivity, and social order. In Vietnam, although labor law has recognized and initially regulated sexual harassment in the workplace, the current legal framework still contains many limitations in both substantive provisions and enforcement mechanisms. These shortcomings are particularly evident in the identification of harassing conduct, the allocation of employer responsibilities, and the establishment of effective mechanisms for victim protection. This article employs a comparative legal analysis of the United States and Vietnam. By examining U.S. legal standards under Title VII of the Civil Rights Act and landmark Supreme Court precedents, the article clarifies the legal evolution of defining harassment, preventive obligations, and the “affirmative defense” doctrine. Based on this approach, the article identifies existing normative gaps in Vietnamese law and proposes policy recommendations aimed at improving the legal framework toward greater transparency, effectiveness, and consistency with international legal standards.146 views -
Marine Biodiversity Conservation and International Law
Student at Mahindra University, Hyderabad, Telangana, IndiaPages 2149 - 2159Marine biodiversity, which is the great magnitude of species, ecosystems, and genetic materials in the oceans of the world, is being threatened with unprecedented threats of overexploitation, pollution, habitat destruction, and climate change, especially in the oceans that are located beyond the national jurisdiction of the world, which are almost half the planet. This research essay is a detailed study of how the international law might be applicable in the conservation and sustainability of marine biological diversity, with the United Nations Convention on the Law of the Sea as the basic Constitution of the Oceans, and the supplementary agreements under the United Nations Convention on the Law of the Sea on Biodiversity Beyond National Jurisdiction (BBNJ Treaty) and the Convention on Biological Diversity, and the Agreement on Straddling fish stocks. Analysis shows that although the unique Articles 192, 194, and 197 of UNCLOS contain general duties on the states to protect and conserve the marine environment, cooperate internationally, and avoid acts of pollution that are harmful to living resources, there exist loopholes in the regulations of the activities on the high seas such as deep-sea mining, exploitation of marine genetic materials and use of area-based management tools such as marine protected areas. The paper identifies some of the important findings in recent progress such as the innovative provisions of the BBNJ Treaty on the creation of networks of representative MPAs, carrying out environmental impact assessments on risky activities, sharing the benefits of marine genetic resources fairly, and capacity development of developing states, which combined aim to achieve the target of 30% protection of the ocean by 2030 in the Kunming-Montreal Global Biodiversity Framework. Empirical data from case studies, including the South China Sea Arbitration and comments by the International Tribunal of the Law of the Sea regarding requests for an Advisory Opinion, demonstrate that judicial interpretations are expanding the scope of UNCLOS through ecosystem-based approaches. Still, implementation is disjointed due to sovereignty disputes, ineffective compliance instruments, and the domination of the freedom of the high seas under Article 87.123 views -
Adoption beyond Religion: Examining Personal Laws & Judicial Decisions and Advancing a Child-Centric Secular Adoption Law in India
Associate Professor at Haldia Law College, West Bengal, IndiaPages 2160 - 2169Adoption signifies the removal of a child from his birth family and his amalgamation with a new family where the child is considered as a natural member. For those childless couples and single parent, adoption serves as a source of happiness and maintains the legacy of the family. The first and foremost objective of adoption is to protect the best interest and upkeep the welfare of the child, while complying the legal provisions are essential. Laws governing adoption should be uniform and reasonable that ensure equal opportunities for granting adoption to all those who desirous for the same without any discrimination on the basis of caste, creed, religion or gender. Though the practice of adoption is only prevalent under Hindu Law, while other religion lacks legislations exclusively for adoption. Consequently, there is an urgent need for a secular adoption law in India. However, the Juvenile Justice (Care and Protection of Children) Act, 2015 provides certain arrangements for adoption, though it has some limitations. This law is also remained silent regarding inter-country adoption. The CARA Adoption Regulation 2017 as a legal authority governs the adoption emphasising legal and fair procedures for orphans, abandoned and surrendered children. Therefore, the present study proposes some remedial measures that aim to frame a child-centric secular legal framework for adoption with the objective of upholding equality and safeguarding the welfare of children applicable to all communities and religions.135 views -
Liability in cases of Accidents relating to Self-Driving Cars
Student at Amity Law School, Lucknow, IndiaPages 2170 - 2190The present paper seeks to present a discussion on the changing legal and insurance scenario in relation to autonomous vehicle technology, particularly in relation to the changing liability scenario as control shifts from the driver to the artificial intelligence technology. The discussion would also include a critical evaluation of traditional concepts such as negligence, strict liability, and product liability in relation to autonomous vehicles, and the limitations thereof in relation to self-driving cars. The present study would also seek to critically evaluate technological components, cybersecurity, and insurance models, such as manufacturer-based and usage-based models, in relation to autonomous vehicles, in order to assess the changing scenario in relation to risk allocation in relation to autonomous vehicles. The present study would also critically evaluate the regulatory scenario in India, the UK, and China, in order to highlight the absence of a harmonised global framework and the need for legislative and regulatory reforms in this area, in order to highlight the need for a recalibrated legal scenario in relation to autonomous vehicles.118 views -
The Fallacy of Neutrality: Examining Structural Bias and Accountability Gaps in India’s Automated Welfare Targeting
LL.M. student at the West Bengal National University of Juridical Sciences (WBNUJS), IndiaPages 2191 - 2216The emergence of algorithmic regimes in India's welfare services has transformed the measurement of poverty, verification of eligibility, and the application of rules in welfare programs. Welfare schemes such as Public Distribution System (PDS), Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (PMJAY) and Swasthya Sathi now rely mainly on digitalisation, fingerprint scans and automated profiling to identify who is entitled to what and put benefits in their hands. These technologies will increase productivity, enable more transparent processes, and reduce expenses, though they also carry the risk of enshrining old socio-economic hierarchies by imbuing procedures for welfare algorithm construction and utilisation with a sense of insidious prejudice. This paper will discuss why profiling the poor in India using algorithms may result in errors of exclusion, injustice, and violation of the constitutional directives of equality and dignity. The study will rely on court decisions and legislation in other countries to understand how the welfare system in India gets away with it. It presents the case for algorithmic governance based on rights, making fairness, inclusivity, and accountability core to how welfare is aimed, such as providing a fair opportunity for support to every family in need.120 views -
A Study of Consumers’ Rights in Bangladesh: Special Reference to Accountability of Advertisement
Lecturer at Department of Law, Khwaja Yunus Ali University, BangladeshPages 2217 - 2239The intent of this research is to find out whether the companies of the products or celebrities performing the advertisements of the products have liabilities or not when influenced consumers buy those products after watching the advertisements. In illation it is found that accountability of advertisements in Bangladesh is deficient whereas in India it is perceptible. Legal notices are sent to big celebrities for performing in an advertisement containing untrue information of that very product, even sometimes for performing for an unethical product. At the time of redacting an agreement for any advertisement, celebrities should be more conscious. The importance of this research when completed will be helpful to the policy makers to make or amend a law in such a way that will reduce the culture of false advertisements. It will also help the teachers, students, researchers, judges, advocates to sum up the idea or legal norm related to deceptive advertisement and its legal consequences.308 views -
Pages 2240 - 2262The primitive and remote Toto tribe only lives in Totopara, a tiny hamlet in West Bengal's Alipurduar region that is encircled by trees and rivers. The Totos were traditionally resistant to societal change and relied on their own way of life and culture. However, due to increased exposure to globalization, there have been observable socio-cultural and economic changes in recent years, particularly among young people. This study evaluates the Toto people's current socioeconomic situation in the altered Totopara environment and looks at how these changes have affected their culture, way of life, and tribal identity. Both primary and secondary data were gathered for the study through field surveys and literature reviews, and standard statistical methods were used for analysis. The results show that traditional Toto culture and ethnicity have been severely damaged by the increasing number of non-Toto people, and the Totos' general socioeconomic situation is still mainly unsatisfactory.153 views
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Income Tax Act 2025: Intervention in Privacy or Tax Reform?
Student at Babu Banarasi Das University, Lucknow, Uttar Pradesh, IndiaPages 2263 - 2268The article examines the Income Tax Act 2025 which marks a historic transformation to India's direct tax landscape by simplifying the framework of tax collection, compliance and taxpayer Benefit by integrating digital tools, expanding the tax base. While the act has been praised as a progressive and necessary tax reform that simplifies the procedure, reduces loopholes and will increase the government tax collection and reduces the black money collection, But it also raises the concern regarding the balance between efficient tax administration and the right to privacy, as the act potentially expands the scope of state intervention in individuals personal and financial lives, especially giving the rights to authorities to access encrypted communication and override password which sparks a significant debate between tax enforcement and privacy right. This article critically examines whether the income tax payer Act 2025 should be viewed as a genuine tax reform measure enhancing the efficiency and equity in the tax system, or as an intervention that risks compromising the fundamental right to privacy (Guaranteed in the Constitution).155 views -
Superannuation Funds vs. National Pension System: Tax Treatment and Social Security Perspectives under the Income Tax Act, 1961
Student at Thakur Ramnarayan College of Law, Mumbai University, Maharashtra, IndiaPages 2269 - 2290Retirement is often imagined as a distant milestone, yet the policies shaping it operate silently throughout an individual’s working life. In India, the promise of financial security after retirement is increasingly determined not only by savings behaviour but by how the law taxes and structures pension vehicles. This paper examines two prominent retirement frameworks—the National Pension System and employer-sponsored superannuation—through a comparative lens that connects tax policy with real social security outcomes. At first glance, both schemes pursue a similar objective: encouraging disciplined, long-term savings. However, their design philosophies diverge in crucial ways, particularly in contribution flexibility, tax treatment at different stages, and the degree of employer involvement. These differences significantly influence participation patterns, adequacy of retirement corpus, and perceived fairness among employees across sectors. The study argues that tax incentives, while effective in promoting participation, may inadvertently create uneven advantages and policy complexity. By analysing structural features, fiscal implications, and behavioural responses, the research highlights how fragmented tax rules can shape retirement preparedness as much as income levels themselves. Ultimately, the paper situates retirement taxation within a broader welfare framework, demonstrating that clarity, consistency, and inclusivity are essential for building trust in pension systems. The findings contribute to academic discourse on pension design while offering policy-oriented insights on harmonising tax treatment and strengthening long-term retirement security. The research also identifies future avenues, particularly the need to evaluate how evolving labour markets will interact with pension taxation frameworks.105 views -
Can AI be an Author under Copyright Law?: Revisiting the Concept of Originality in India
Principal at St. Joseph’s College of Law, Bengaluru, Karnataka, IndiaPages 2291 - 2300This paper investigates whether artificial intelligence (AI) can be recognised as an "author" under India's Copyright Act, 1957, and proposes rethinking originality amid the rise of generative AI systems. The Act's Section 2(d) ties authorship to natural persons or, for computer-generated works, "the person who causes the work to be created"—a 1994 provision inadequate for today's autonomous AI. Key cases, including the Indian Copyright Office's 2021 withdrawal of RAGHAV artwork registration, U.S. guidance mandating human creative control, and Beijing's emphasis on user refinement, illustrate the human-authorship requirement. The Supreme Court's "modicum of creativity" test in Eastern Book Company v. D.B. Modak (2008) reveals purely AI outputs lack protectable originality absent sufficient human input. Ongoing litigation like ANI v. OpenAI (2024–), alongside personality rights and deepfake rulings, protects human creators while exposing authorship gaps. The paper recommends amending Section 2(d), adopting a "human-centric modified originality" standard centred on "sufficient creative control," and issuing guidelines to balance AI innovation with human creative rights.130 views -
Pages 2301 - 2319As global environmental crises accelerate, Green Corporate Social Responsibility has emerged as a central strategic imperative for fostering ecological resilience. This research provides a comparative analysis of Green CSR frameworks in India and Japan, representing a unique intersection of emerging and developed Asian economies. Utilizing a mixed-methods approach grounded in Institutional Theory, the study examines regulatory structures, cultural drivers, and corporate practices in both nations. Findings reveal that while India follows a "push" model through mandatory legislation specifically Section 135 of the Companies Act, 2013, which mandates a 2% profit spend Japan adheres to a voluntary "pull" model characterized by a 99% sustainability disclosure rate among top firms. The study identifies that both nations leverage deep-seated cultural philosophies, such as India’s Dharma and Japan’s Kyosei, to integrate environmental stewardship. However, implementation is hindered by localized challenges, including "greenwashing" and a lack of specialized NGOs in India, contrasted with cultural communication barriers in Japan. Comparative case studies of industry leaders, such as the Tata Group and Sony Corporation, demonstrate that while India excels in funding large-scale conservation, Japan leads in green technological innovation. Ultimately, the research confirms a positive correlation between proactive environmental performance and corporate financial value in both jurisdictions, suggesting that the transition toward the ESG paradigm is essential for long-term business viability.133 views
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Comparative Analysis of Judicial Review: A Study of Constitutional Supremacy and Judicial Review in India, France and the United States
LL.M. Student at Christ University, Pune Lavasa Campus, IndiaPages 2320 - 2326The Article below is a research on the contrast of the emergence, scope and use of the concept of judicial review in the United States of America, France and India. The judicial review is a critical factor in democratic government. The individuality of a judicial system to decide whether the activities of the legislative and the Judiciary state are reasonable or not is a crucial component of the Implementation of democracy. The division of power must be executed well in order to create a balance between the three organs. In Articles 13, 32 and 226, the concept of judicial review is established such that the Supreme Court and the High Court gets the authority to enforce the fundamental rights which is given by the Constitution to the citizens of the country. In France, on the contrary, it is a civil type of a legal system, with the Judiciary having a limited power. The Constitutional Council was established in 1958 to do judicial review, and an overhaul of the major reforms was expected to be provided by the reforms referred to as Question Prioritastie Constitutionnelle. Although, It had not been fixed on the Constitution, Marbury v. Judicial review was a concept that was developed in Madison case (1809). In the present case, the court could pronounce the invalidity of the laws on the basis of the assessment of the constitutionality, therefore affirming supremacy of the constitution. The article highlights the manner in which every legal authority upholds the rule-of-law and personal liberties respectively striking a compromise between the lawmaking authority and the judicial oversight.213 views -
The Constitutional Identity of India: A Federal Structure with Unitary Features
Assistant Professor at Department of Law, Harishchandra Post Graduate College, Varanasi, U.P., IndiaPages 2327 - 2336India’s Constitution embodies a unique constitutional identity that blends federal structure with a strong unitary orientation. While the Constitution establishes a federal system through the division of powers between the Union and the States, a written Constitution, and an independent judiciary, it simultaneously vests overriding authority in the Union to preserve national unity and integrity. This paper examines the concept of India being “federal in form but unitary in spirit” by analyzing constitutional provisions such as the Union–State legislative relations, emergency powers, the role of the Governor, and the All-India Services. Judicial interpretations by the Supreme Court, which have consistently described India as a “quasi-federal” polity, are also critically evaluated. The study further explores how contemporary challenges, such as regional aspirations, fiscal federalism, cooperative federalism, and centralization tendencies, shape India’s evolving constitutional framework. By balancing diversity with unity, the Indian Constitution reflects a pragmatic approach to federalism, ensuring flexibility and stability in governance while safeguarding the supremacy of the Constitution and the sovereignty of the nation.251 views -
Extendible Notions of Corporate Social Responsibility in Digital Era: Concept and Prospects
Research Scholar at School of Law, G D Goenka University, Haryana, IndiaPages 2337 - 2352The Digital Age has resulted from notable technological developments and widespread internet access. Technological advancements pose significant ethical, fairness, and privacy concerns. This research aims to examine the distance travelled by Corporate Social Responsibility from regular to digital mode. Moreover, this research focuses on technological jargons to implement the Corporate Social Responsibility. It also tries to look out for technological progress of the Corporate while implementing Corporate Social Responsibility. Digital Responsibility should be a key component of not only leaders' strategies, but of any firm and organisation that wants to stay competitive. Corporate Digital Responsibility was established to describe a growing set of corporate duties associated to digitalization's impacts, risks, difficulties and possibilities. This research provides outline for the implementation of Corporate Social Responsibility and its digital transformation which is one of the Pillars of Industrial Revolution. Technology development and data acquisition, operation and decision-making, inspection and impact assessment, technology and data refinement guides the digital responsibility of the corporate. To conclude, this research will discuss the theoretical and managerial contributions of corporate to make them not only socially responsible but also technologically accountable. Further this will also suggest ways of implementing the Corporate Digital Responsibility. The purpose of this research is to maximise the benefits of information technology for the common good and to avoid the negative repercussions. Finally, it offers a collection of techniques and tools that managers can employ to create a technologically sound and strong service organisation.118 views -
Assessment of the Effectiveness of International Agreements in Addressing Marine Plastic Pollution: A Review of the NESREA Act (2007)
Research Scholar at Niger Delta University, NigeriaPages 2353 - 2367Marine plastic pollution has rapidly escalated into a pressing global environmental crisis, with approximately 11 million metric tons of plastic waste entering the oceans each year. This escalating pollution poses severe threats to marine biodiversity, coastal ecosystems, human health, and economic activities such as fisheries and tourism. Nigeria, ranked among the top 10 global contributors to marine plastic waste, is grappling with substantial institutional, legal, and infrastructural challenges in addressing this issue. This paper critically examines the effectiveness of international environmental agreements in combating marine plastic pollution, with a particular emphasis on Nigerias implementation of domestic legislation, notably the National Environmental Standards and Regulations Enforcement Agency (NESREA) Act 2007. Employing a doctrinal legal research method, the study analyzes international frameworks including the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (as amended to include plastic waste), the International Convention for the Prevention of Pollution from Ships (MARPOL) Annex V, and the United Nations Environment Programme (UNEP) Global Partnership on Marine Litter (GPML). The findings highlight critical weaknesses in Nigerias environmental governance system, including poor alignment of the NESREA Act with evolving international standards, ineffective enforcement and monitoring, overlapping agency mandates, and a lack of structured public engagement and education on plastic waste management. The paper concludes with a call for comprehensive legislative reform, enhanced institutional capacity, and stronger regional and international collaboration. These measures are essential to developing an integrated and enforceable marine plastic governance framework that aligns with global best practices and protects Nigerias marine environments.102 views -
Legal Protection to Endangered Species: A Comparative Analysis between Indian and International Legal Framework
Research Scholar at Babasaheb Bhimrao Ambedkar University, Lucknow, Uttar Pradesh, IndiaPages 2368 - 2377The advancing rate of species extinction presents one of the most imminent environmental challenges of the twenty-first century. While extinction is a natural evolutionary process, the current surge raises serious ecological, ethical, and legal concerns. This paper examines the legal frameworks designed to protect endangered species at both international and national levels, with particular emphasis on India. It voyages around the regulatory role of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in controlling global wildlife trade and analyses the effectiveness of the Endangered Species Act (ESA) as a model statute for species recovery and habitat protection. At the municipal level, the study critically evaluates India’s principal biodiversity laws, namely the Wildlife (Protection) Act and the Biological Diversity Act. The paper shed light on the structural and enforcement related loopholes that undermine conservation objectives and highlights the need for stronger regional cooperation, stricter regulatory enforcement, and enhanced community participation. By adopting a comparative and analytical approach, this paper argues that law remains a critical instrument in biodiversity conservation, but its success depends upon robust enforcement, institutional coordination, and sustained political will. Strengthening legal frameworks and ensuring their effective implementation are essential not only for the protection of endangered species but also for maintaining ecological balance and securing long-term human survival.521 views -
Tribunalisation and the Dilution of Judicial Power in India: Constitutional Tensions, Institutional Realities, and the Quest for Independence
Student at National Law Institute University, Bhopal, M.P., IndiaPages 2378 - 2389The increasing reliance on tribunals as specialised adjudicatory bodies marks a significant shift in the landscape of administrative justice in India. Conceived as mechanisms to ensure efficiency, expertise, and expeditious dispute resolution, tribunals were constitutionally entrenched through the Forty-second Amendment to the Constitution of India, which enabled the creation of alternative institutional forums for adjudication. Over time, however, this process of tribunalisation has raised important constitutional concerns, particularly regarding its impact on the structure and distribution of judicial power within the Indian legal system. This paper examines whether the expansion of tribunal jurisdiction has led to a dilution of judicial power, especially that of the High Courts. It analyses the constitutional framework governing tribunals alongside key judicial decisions such as S.P. Sampath Kumar v Union of India and L. Chandra Kumar v Union of India, which reflect the judiciary’s evolving approach to tribunalisation. While tribunals were initially accepted as effective substitutes for courts, subsequent jurisprudence has reaffirmed the centrality of judicial review as part of the Constitution’s basic structure, thereby limiting the extent to which judicial functions can be transferred away from constitutional courts. The paper argues that although tribunalisation was intended to enhance access to justice and reduce delays, its implementation has exposed structural and functional deficiencies, including executive control over appointments, lack of independence, and fragmentation of adjudicatory processes. Legislative developments such as the Finance Act, 2017 have further intensified these concerns. It concludes that in its present form, tribunalisation risks undermining judicial authority and calls for institutional reforms to ensure that tribunals operate in alignment with constitutional principles of independence, accountability, and effective judicial oversight.197 views -
Revisiting Informal Property Transactions: The Legal Status of GPA, Agreement to Sell, and Will after Recent Supreme Court Jurisprudence
Student at National Law Institute University, Bhopal, M.P., IndiaPages 2390 - 2399The persistence of informal property transactions in India, commonly structured through a combination of General Power of Attorney (GPA), Agreement to Sell, and testamentary instruments, reflects a continuing tension between legal formalism and market practice. Despite the framework of the Transfer of Property Act, 1882 and the Registration Act, 1908 requiring registered conveyances for a valid transfer of ownership, such informal arrangements remain prevalent. They are often used to reduce transaction costs, avoid stamp duties, and bypass procedural delays, particularly in rapidly expanding urban and peri urban areas. This has led to a parallel system of property dealings that undermines certainty of title and exposes purchasers to significant legal risk. Recent Supreme Court jurisprudence, building upon the decision in Suraj Lamp & Industries Pvt Ltd v State of Haryana, has reaffirmed that GPA based transactions do not convey ownership and cannot replace a duly registered sale deed. The Court has also clarified the limited scope of Section 53A of the Transfer of Property Act, restricting it to a defensive equity rather than recognising it as a mode of transfer. These developments signal a clear judicial preference for formal compliance and documentary certainty, while also highlighting the gap between established legal doctrine and prevailing transactional realities. This paper examines the legal status of GPA, Agreement to Sell, and Will based transactions in light of these judicial developments. It analyses the implications of the Court’s approach for property markets, revenue considerations, and the protection of bona fide purchasers. It also evaluates whether the current legal framework adequately addresses the socio-economic conditions that sustain informal transactions, and considers the need for reforms that balance legal certainty with practical accessibility in property transfers.192 views -
Compensatory Mechanism for Victims of Miscarriage of Justice: Indian and International Perspective
LL.M. Student at Gujarat National Law University, Gandhinagar, Gujarat, IndiaPages 2400 - 2414The term Miscarriage of Justice generally refers to wrongful incarceration, wrongful prosecution, and wrongful conviction. In the Indian context, compensation for victims of miscarriage of justice primarily focuses on wrongful pre-trial detainees who end up in acquittal, rather than wrongful convictions, as observed by the Law Commission in its 2018 Report. With a high rate of undertrial prisoners and a low rate of conviction in India’s criminal justice system, studies reveal the need for a comprehensive reform where victims of miscarriage of justice are statutorily recognized and compensated. The paper analyses the prominent causes of wrongful prosecution in India, such as torture and forced confession, and argues that new criminal laws, by strengthening law enforcement agencies' unchecked powers, increase the risk of miscarriage of justice rather than preventing it. Also, judicial responses to such cases over the years have remained an ex-gratia remedy and have been inconsistent even in similar cases. It reflects the clear lack of accountability for the violation of rights committed against an individual by the system designated to protect those rights. In the global context, many countries have statutory provisions that give victims of wrongful prosecution and wrongful conviction a legal right to compensation, in compliance with the International Covenant on Civil and Political Rights (1966). The paper examines compensatory mechanisms in the United Kingdom, Canada, and the United States and draws on their key features, such as the Criminal Case Review Commission in the UK. The paper further proposes statutory and judicial frameworks in India to address wrongful incarceration, prosecution, and conviction, consistent with constitutional guarantees and international standards.124 views -
Recalibrating India’s Cyber Law Regime in the Age of Artificial Intelligence
Research Scholar at Himachal Pradesh National Law University, Shimla, Himachal Pradesh, IndiaPages 2415 - 2437In a world increasingly run by algorithms, what happens when machines turn against the rules that govern them? Artificial Intelligence (AI) is becoming a potent weapon in the hands of cybercriminals as it permeates every aspect of contemporary life, influencing our perceptions, beliefs, and even how we vote. The era of "AI-enabled crime" is no longer a dystopian future; rather, it is India's legal present, with AI-generated deepfakes that can instantly destroy reputations and intelligent bots that can hack systems on their own. The country's cyber laws are still rooted in a bygone technological era, despite its quick digital transformation. It provides a daring yet realistic roadmap to guarantee that India's legal system isn't hacked by the very future that it aims to embrace through compelling case studies and critical legal analysis.141 views -
From Custodians to Claimants: Legal Recognition of Scheduled Tribes as Owners of Traditional Knowledge
Student at Government Law College, Coimbatore, IndiaPages 2438 - 2446The discourse on tribal rights over traditional knowledge has often been framed through the lens of “custodianship,” where Scheduled Tribes are seen merely as guardians of cultural and ecological wisdom rather than legitimate owners. This perspective not only undermines their sovereignty but also perpetuates the myth of protection by denying them meaningful control over their intellectual heritage. Despite constitutional guarantees and legislative measures such as the Forest Rights Act, 2006 and the Panchayats (Extension to Scheduled Areas) Act, 1996, Scheduled Tribes continue to face systemic exclusion in asserting ownership over their traditional knowledge. This paper critically examines the gap between legal rhetoric and actual recognition, highlighting how global intellectual property regimes and national laws often fail to safeguard indigenous communities against exploitation and misappropriation. By engaging with judicial precedents, customary laws, and international conventions such as the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), the study argues for a paradigm shift from custodianship to ownership. Recognizing Scheduled Tribes as rightful owners of traditional knowledge is essential not only for their socio-economic empowerment but also for preserving biodiversity and cultural sustainability. The paper proposes legal reforms and community-centric frameworks to strengthen protection, ensure benefit-sharing, and secure justice for tribal communities.90 views -
The EU Carbon Border Adjustment Mechanism (CBAM) and Its Implications for Green Tax Policy in Developing and Transitional Economies
LL.M. Student at Baku State University, AzerbaijanPages 2447 - 2460The EU Carbon Border Adjustment Mechanism (CBAM), which entered its definitive compliance phase on 1 January 2026, marks the first time a carbon price applied within a major jurisdiction has been externalized beyond its borders. This article examines the CBAM's design, implementation, and global ramifications, with a focus on its implications for green tax policy in developing and transitional economies. Drawing on institutional reports, trade impact analyses, and comparative case studies from Turkey, India, Brazil, Mozambique, Ukraine, and the South Caucasus, the article evaluates the mechanism's effects on export competitiveness, fiscal sovereignty, and domestic carbon pricing trajectories. The analysis reveals that while the CBAM poses significant distributional challenges for economies dependent on carbon-intensive exports, it is simultaneously catalyzing an unprecedented wave of domestic carbon pricing adoption as countries seek to retain carbon revenues rather than cede them to the EU. Critically, the CBAM also creates strong incentives for developing economies to adopt green tax incentives for renewable energy investment, as lower-carbon production reduces future CBAM exposure. The article concludes that the CBAM's contribution to global climate governance will depend on whether it is complemented by adequate financial support, technology transfer, and capacity-building for affected developing nations.142 views -
Determining the Theoretical Position of the Labour Law System through an Analysis of the Objectives of the Labour Law of Mongolia
Doctoral Candidate and Senior Lecturer at Department of Private Law, Shihihutug University, MongoliaPages 2461 - 2478As a constituent element of the national legal order, the theoretical characterization of the labour law system remains contested. In particular, it is debated whether labour law should be regarded as an independent branch of private law, a specialized sector within private law, a field situated at the intersection of private and public law, or as a form of mixed (hybrid) law. This study seeks to determine its doctrinal position through an analysis of the objectives of the Labour Law of Mongolia. Such an inquiry may have theoretical and methodological significance for the further examination of the application of labour legislation from the perspectives of legal tradition, legal families, and legal systems., Rationale for the study. Given that the labour law system remains theoretically controversial, addressing issues concerning the application of labour legislation without first clarifying its doctrinal nature may lead to partial and methodologically incomplete conclusions. Therefore, this topic was selected on the premise that defining the theoretical status of labour law is of both theoretical and practical importance., State of research: Domestic and foreign scholars have examined labour law as an independent branch of law, a mixed legal field, or a specialized sector of private law, and have recognized the significance of statutory objectives. However, the specific objectives of the Labour Law of Mongolia have not been independently and systematically analyzed in detail., Research question. Based on a systematic analysis of the objectives and regulatory structure of the relevant legislation, is it theoretically justifiable to characterize Mongolian labour law as a mixed legal system? If so, would such a characterization influence the methodology of applying labour legislation?163 views -
Pages 2479 - 2497Land, for Indigenous communities, transcends its material value—it is the axis upon which social relationships, spiritual beliefs, and cultural identities revolve. Among the tribal populations of Arunachal Pradesh, land is not merely a resource but a sacred entity that embodies life, death, and the afterlife. Historically, these communities have regarded themselves as custodians of nature, upholding the sanctity of mountains, rivers, valleys, and forests through ritual, tradition, and collective memory. The ancestral bond with land is reflected in communal ownership patterns, which once fostered unity and shared guardianship. However, the gradual shift toward private ownership has introduced individualism, territorial fragmentation, and a redefinition of clan structures. Historians and anthropologists suggest that, in terms of racial affiliation, the Indigenous tribes of Arunachal Pradesh are predominantly classified as belonging to the Indo-Mongoloid or Proto-Mongoloid stock and in terms of linguistic affiliation they are believed to be affiliated to Tibetan-Burmese family and tribal relation with land is as old as human civilization and social hierarchies were also present since time in inceptions, gradually it rooted and ingrained with the human nature. Every geographical feature the stream, hill, or valley is filled with clan-specific significance, shaping religious practices, social status, and territorial identity. This paper examines the intricate relationship between land and Indigenous identity, exploring how territorial affiliations define societal roles and cultural autonomy. Through a focused study of land distribution, social status and clan-based territorialism, the research highlights the enduring relevance of land as a cornerstone of Indigenous existence in Arunachal Pradesh.184 views
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Pages 2498 - 2509The exponential growth of nutraceutical and biotechnology markets has generated novel forms of competitive conduct that challenge the conceptual foundations of traditional competition law. Positioned between pharmaceuticals and conventional consumer goods, emerging health markets are characterized by regulatory asymmetry, science-driven product differentiation, intellectual property concentration, vertically integrated supply chains, and certification-based market barriers. While classical doctrines of abuse of dominance, anti-competitive agreements, and predatory pricing remain formally applicable, their analytical frameworks were developed in industrial contexts where price and output effects constituted primary indicators of competitive harm. In contrast, competition in nutraceutical and biotechnology sectors frequently manifests through control over scientific validation, health-claim narratives, patent clustering, exclusive sourcing of bio-resources, and regulatory arbitrage. This article argues that emerging health markets expose structural blind spots in existing competition law jurisprudence and require doctrinal reconstruction. Through doctrinal and comparative analysis, the paper identifies typologies of unfair competition unique to these sectors and proposes an expanded analytical model that integrates intellectual property dynamics, regulatory coordination, and non-price competitive indicators. The study contributes to contemporary debates on the evolution of competition law in knowledge-intensive, health-driven economies.70 views
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International Organisations: Architects of Global Governance in the 21st Century
Student at GITAM School of Law, Andhra Pradesh, IndiaPages 2510 - 2517International Organisations in the interest of the global community are in charge of sustaining world peace and stability, whether it be social, political, or economic. The process by which nations develop and sustain official, ongoing institutional frameworks for the management of specific aspects of their interactions with one another is known as international organisation. It is an answer to the old system of international relations, significant decentralisation, and an attempt by statesmen to modify its mechanics to accommodate the requirements of the expanding complexity of state reliance. It is important to view certain international organisations as symbols of the international organising process.112 views -
Case Analysis on Poly Medicure Ltd. v. Brillio Technologies Pvt. Ltd. (2025 INSC 1314): Interpreting
LL.M. Student at Christ (Deemed to be University), Bangalore, Karnataka, IndiaPages 2518 - 2525A revolutionary shift in the Indian consumer protection jurisprudence in the context of Section 2(1)(d) of the Consumer Protection Act, 1986 (CPA) is the landmark ruling of the Supreme Court in Poly Medicure Ltd. v. Brillio Technologies Pvt. Ltd. on November 13, 2025 (2025 INSC 1314) on consumer protection law. The exclusion of commercial entities in the definition of consumer is discussed in the case, where the transactions of B2B software deals are challenged within the growing controversies in the digital economy. An appeal by Brillio to maintainability on commercial purpose grounds was dismissed by the State Commission (August 19, 2019) and affirmed by the NCDRC (June 15, 2020). The Supreme Court denied the appeal and affirmed that the purchases that increase business efficiency and profitability, do not qualify as a consumer proceeding, but rather, proceeds to civil courts. The central issues to be considered were the concept of interpreting commercial purpose vs. the exception of self-employment, the question of whether non-resale automation is a personal use or not, and the applicability of the profit nexus test to B2B cases. It steered clear of pitfalls, including hybrid transactions, excessive self-employment claims, and forum shopping, through a fact specific profit nexus analysis which made a distinction between corporate profit facilitation and personal livelihood aids, as in Harsolia Motors (2023). Consequences are far reaching: it will limit congestion on forums, encourage arbitration in B2B deals, discourage abuse after Harsolia, and will be consistent with the CPA 2019 changes on individual protection in Indian 350 billion e-commerce market by 2026. Although enhancing the spirit of CPA, it allows small firms to see lapses in its coverage, calling on policy changes to promote digital equity without reducing remedial zeal.285 views -
Revisiting Sexual Autonomy: A Constitutional and Structural Analysis of Rape Laws and the Marital Rape Exception in India
Student at CT University, Ludhiana, IndiaPages 2526 - 2542Sexual violence is still a problem in India’s criminal justice system even after many changes to the law over the past 40 years. The law on rape has changed a lot from being very restrictive when it was first introduced in the Indian Penal Code in 1860 to being more focused on consent with the Bharatiya Nyaya Sanhita. These changes show an effort to make sure the law matches the country’s promises of equality, dignity and personal freedom. Important court cases, like Tukaram v. State of Maharashtra and the reaction to the 2012 Delhi gang rape have helped people understand consent, control over ones body and sexual crimes better. However even though the law now has definitions and stricter punishments there are still problems with how the law is structured and applied, which stops it from being as effective as it could be. This paper looks closely at whether the current rape law protects peoples sexual freedom as promised by Articles 14 15 and 21 of the Constitution. It pays attention to the fact that marital rape is still not considered a crime, which raises big questions about equality, privacy and individual dignity. The analysis also looks at the problems with how the law's put into practice such as poor investigations difficulties with evidence low rates of conviction and social and cultural barriers that make it hard for survivors to get justice. Using an analytical approach this study argues that while changing the law has made the rules stronger making sure the law follows the constitution requires more than just harsher punishments. The paper concludes that to make rape law match the country ‘s values it is necessary to recognize the importance of sexual autonomy in marriage and to make the criminal justice system more focused, on survivors.155 views -
Pages 2543 - 2549This paper argues that the Gram Sabha is not merely a deliberative forum but the foundational tier of justice for Adivasi and other forest-dwelling communities in India. It traces a shift from colonial, punitive uniformity to post-constitutional, participatory pluralism, showing how PESA (1996), FRA (2006), and RFCTLARR (2013) embed a rights-first, consent-based, and remedy-linked architecture at the village level. Reading landmark judgments from Samatha (1997) to Niyamgiri (2013), Wildlife First (2019, interim), and property-livelihood jurisprudence alongside community practice, the paper proposes a “recognize rights → consent/participation → remedy and return” sequence that agencies must follow to avoid legal and social risk. It addresses tensions between customary forums and criminal law, argues for gender-responsive pluralism, and documents how Gram Sabhas strengthen conservation and resilience (including during COVID-19) through CFR governance and MFP-led livelihoods. Finally, it outlines pathways to synergy between community justice and the formal system due-process design in Gram Sabhas, village-sittings of legal aid and Gram Nyayalayas, and alignment with international FPIC norms so that courts function as rights guardians while Gram Sabhas remain the first jurisdiction of fact, consent, and everyday remedy.94 views
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Emerging Trends of Uniform Civil Code with special reference to Uttarakhand: An Overview
Assistant Professor at Government Law College, Gopeshwar (Chamoli), Uttarakhand, IndiaPages 2550 - 2565The Constitutional Assembly debates towards a Uniform Civil Code was such a code would be desirable but for the moment would remain voluntary. Dr. B.R. Ambedkar’s recommended; It is perfectly possible that the future Parliament may make a provision by way of making a beginning that the code shall apply only to those whom make a declaration that they are prepared to be bound by it, so that in the initial stage the application of the code may be purely voluntary, so that the fear which my friends have expressed here will be altogether nullified , this is not a novel method. It was adopted in the Shariat Act of 1937, when is was applied to territories other than the north-west frontier province. The Law said that here is a Shariat law which should be applied to mussalmaans who wanted that he should be bound by the Shariat Act should go to an officer of the state, making a declaration that he is willing to be bound by it, and after that he was made that declaring the law will bind him and his successors . Before the Muslim Personal Law Shariat Application Act, 1937 Muslim in many parts were governed by Hindu Law and even Marumukkatayam System of inheritance and succession which had been prevalent in many of the southern Indian States. Tracks the constituent assembly debates reveal that these was no consensus in the constituent assembly about what a potential Uniform Civil Code would entail. While many thought Uniform Civil Code would co-exist alongside Personal Law Systems while others thought it was to replace Personal Law.95 views -
Criminal Justice Administration
PhD Scholar at School of Law, Bennett University, IndiaPages 2566 - 2582The criminal justice administration is the back bone of the peaceful society; it contains enforcement bodies, penal institutions and the prime judiciary which keep check and balances in the criminal justice system. There was a long demand for the reframing of the penal laws and its procedural laws. Enactment of Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023 is a significant milestone towards India's modernization of criminal law. This research essay offers an analysis of the victim centric approach while maintain the rights of the accused and enlightened the broader impact of these new trends on the criminal justice administration.114 views -
Pages 2583 - 2591This paper offers a comprehensive philosophical and political examination of John Locke’s social contract theory and its foundational contribution to democratic governance. Drawing primarily on Two Treatises of Government (1689) and An Essay Concerning Human Understanding (1689), the paper argues that Locke’s framework, grounded in natural rights, tacit and express consent, the right of revolution, and the separation of legislative and executive powers, constitutes a coherent blueprint for constitutional democracy. The study situates Locke within the seventeenth-century crisis of English sovereignty, traces the internal logic of his contract from the state of nature to civil government, and evaluates how his ideas informed canonical democratic settlements including the Glorious Revolution, the United States Constitution, and Enlightenment constitutional theory more broadly. Through a structured review of primary and secondary literature, the article situates Locke at the intersection of historical political thought and present-day constitutional debate. The methodology combines close textual analysis with contextual-historical reading and critical engagement with revisionist scholarship. While acknowledging the exclusionary assumptions embedded in Locke’s historical texts, the paper defends the generative capacity of his core principles and argues that reconstructed Lockean democracy remains a valuable resource for twenty-first-century democratic theory.44 views
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Forest Rights Act, 2006 vs. Conservation Amendments: The Constitutional Battle Over Adivasi Land Rights after the Forest (Conservation) Amendment Act, 2023
Associate Professor and Dean Academics and Research at Chotanagpur Law College, Ranchi, Jharkhand, IndiaPages 2592 - 2599The Forest (Conservation) Amendment Act, 2023 has reopened one of the oldest fault lines in Indian environmental governance: the contest between centralised forest conservation and the statutorily recognised land and governance rights of Adivasi and other traditional forest dwelling communities. The Forest Rights Act, 2006 was enacted as a restitutionary statute. It acknowledged that colonial and post colonial forest law had inflicted a historical injustice on forest dwellers and placed the Gram Sabha at the centre of forest governance. The 2023 amendment travels in the opposite direction. By confining the application of the Forest (Conservation) Act, 1980 to recorded and notified forests, by exempting large categories of land and projects from the requirement of prior approval, and by operating alongside the Forest (Conservation) Rules, 2022, which decoupled forest clearance from prior compliance with the Forest Rights Act, the amendment narrows the protective field within which Adivasi rights operate. This paper maps the two statutory regimes, analyses their collision, and evaluates the constitutional challenge pending before the Supreme Court in Ashok Kumar Sharma v. Union of India. It argues that the amendment is vulnerable under Articles 14 and 21 and under the special constitutional protection of Scheduled Areas in Article 244 read with the Fifth Schedule, and it proposes a reconciliation that treats recognised forest rights as the baseline of any conservation regime.20 views