Issue Archive · Open Access
Volume IX – Issue II / 2026
Articles · 339
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Maritime transport plays a crucial role in Tanzania's international trade; however, its full potential is hindered by legal and institutional challenges, despite the country’s strong coastal and port assets. This paper explores the interplay between maritime transport and trade policy in Tanzania, highlighting key legal constraints that hinder sectoral development. It identifies significant legal challenges, including regulatory inconsistencies, outdated legislation, weak enforcement mechanisms, and jurisdictional conflicts between mainland Tanzania and Zanzibar. These issues hinder trade efficiency, compliance with the international maritime conventions, and the protection of seafarers’ rights. The existing research primarily focuses on individual statutes, leaving a gap in understanding the harmonisation of Tanzania’s maritime laws and their alignment with global standards. This study aims to analyse the legal challenges affecting maritime transport in Tanzania’s international trade, compare the country’s regulatory framework with international best practices, and propose legal reforms to enhance governance and trade facilitation. By addressing these gaps, the research contributes policy recommendations that strengthen Tanzania’s maritime sector and improve its competitiveness in global trade. This study conducts an in-depth examination of Tanzania’s maritime laws, including the Merchant Shipping Act of 2003, the Maritime Transport Act of 2006, the Tanzania Ports Authority Act of 2004 and its Regulations, and relevant international conventions such as MARPOL, SOLAS, and the Djibouti Code of Conduct. A doctrinal research was employed to analyse statutory provisions and judicial decisions related to maritime transport disputes in Tanzania. This helps to identify inconsistencies and gaps in legal enforcement.490 views
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The Institutional Authority of Law: Reconstructing Legal Positivism beyond Command and Coercion
PhD Researcher at University of Dhaka, BangladeshPages 19 - 37Scholars of jurisprudence have, since its earliest stages, attempted to define what law is. Yet many of the definitions that have shaped our conceptual understanding were formulated under political conditions that are largely absent today, including hierarchical authority, coercive governance, and a focus on subjects rather than citizens. Bentham, for instance, sought to distinguish law from morality at the stage of legal analysis, while Austin portrayed law as a sequence of commands backed by sanctions. Although these formulations represented important intellectual achievements, they prove inadequate when applied to modern legal systems characterized by institutional continuity, dispersed powers, rights-based structures, and administrative processes that extend beyond punishment. The purpose of revisiting positivist foundations in this article is not to dismiss other schools of thought, but to recognize that positivism alone treats law as an analytical problem whose nature must be understood before it can be evaluated, interpreted, or described sociologically. This approach should not be dismissed as mere reductionism. When examined more closely, it reveals that coercion-centered definitions obscure the concept of legal authority and blur the distinction between mere compliance and institutional legitimacy. The present article refines the positivist conception by proposing that law is an institutional order of authority created and maintained through specific political procedures. Although legal authority may be supported by coercion, it cannot be reduced to coercion. This definition situates the idea of law within the reality of modern institutions while preserving the positivist commitment to social fact and analytical rigor.203 views -
Historical Perspectives on Illegitimacy: A Comparative Study of Legal and Social Responses from Ancient Rome to Modern India
Senior Legal Research Consultant at Minerva Group, Johannesburg, South AfricaPages 38 - 49Illegitimacy is a concept that has withstood the test of time, spanning from ancient Rome to modern India. Although the pre-Vedic and Vedic eras have been benevolent to children irrespective of their parental status, the post-Vedic and modern Indian laws typically confer legitimacy based solely on marital status, leaving children born outside of marriage in a precarious legal position. Today, children are often deprived of identity and rights solely because they fall outside legal brackets. Despite international human rights laws advocating for children's right to a name and identity as soon as they are born, Indian law remains obsolete and sometimes contradicts constitutional protections against such discrimination. While many recent judicial pronouncements signal a shift towards recognising the rights of children out of non-marital births, few changes were visible at the statutory level. The global efforts since the early 18th century to abolish illegitimacy underscore the importance of legal reform in India to ensure equal rights and protections for all children, regardless of their birth parents’ marital status, and to address the deep-rooted injustices prevailing in such classification.175 views -
From Migration to Missingness: Informality and Poverty in Nepal’s Borderlands
Assistant Professor at Central Department of Humanities and Social Sciences, Far Western University, NepalPages 50 - 85Absence of migration is a dimension of cross-border labour migration in South Asia that has not received much research. Although in the literature, remittances and successful migration patterns are the main topics of interest, little has been discussed on those families who have suffered disappearance over a long period of time in informal labour corridors. The paper examines the lived lives, emotional and socio-economic lives of the families of missing migrants in a situation that is characterized by the de facto open-border situation in Nepal. The study makes use of the qualitative research design as it relies on focus group discussions (FGDs), key informant interviews (KII), and in-depth interviews with 10 purposively chosen families of missing migrants in the Kanchanpur district. Small in size, the findings capture trends that reverberate among other similar households living in the migration prone communities. This paper concludes that disappearance is not a solitary personal tragedy but is institutionally enshrined in informal systems of migration, which are weakly documented, debt-financed, precarious labour, caste based inequality, and poorly coordinated institutions between Nepal and India. Majority of the cases were of first-time migrants, which means that there has been a greater vulnerability in unregulated labour markets. Deserted families face both cumulative and compounding sufferings such as income breakdown, systematic food insecurity, land instability, debt trapping, gender labour overburden, and long term legal liminality. The women and children, especially, experience a psychosocial disturbance that is associated with ambiguous loss and social uncertainty. The article has theoretical contributions in conceptualizing the missing as structural missingness, informality-invisibility nexus in open-border regimes and a framework of vulnerability in relationship with disappearance as a factor in reproduction of poverty across generations. The policy implications of the study comprise registration systems on a community level, bilateral coordination systems and legal acknowledgment of extended disappearance.169 views -
Pages 86 - 97People with impairments have been a part of human culture since the dawn of time. Although feeling and lack of concern for them were frighteningly lacking. They were completely helpless, ignored, scorned, and the target of generalized social apathy. Even the issue of providing them with the bare minimum human rights has only recently begun to be addressed, despite the concept and the history of the founding of human rights is a colorful one. It is particularly regrettable that until the end of World War II, the concerns pertaining to people with disabilities, either within the framework of human rights or in general, were neither clarified nor addressed. The resources needed to actually carry out the constitutional guarantees have been noticeably absent until recently, despite the fact that the Indian Constitution guarantees people with disabilities all civil, political, economic, cultural, and social rights as well as the arrangements for them. They are often stigmatized by society and do not have access to basic human rights. It is especially true if the impairment is mental or psychological. Disability awareness has increased in the past century on both a national and on a global scale. The period from 1983 to 1992 is declared to be a decade for Disabled Persons movement, which has emerged in support of Disabled Persons. In this work, the author has attempted to examine the state of human rights for those with disabilities from the standpoint of the Indian context.224 views
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Maritime Environmental Governance in India: Regulatory Gaps and Ecological Risks
Advocate at the Madras High Court, IndiaPages 98 - 103The rapid expansion of global shipping has intensified concerns about the environmental consequences of vessel operations, particularly in relation to biological invasions, hazardous cargo incidents, and the effectiveness of regulatory enforcement. India’s recent maritime reforms, anchored in the Merchant Shipping Act, 2025 and associated regulatory instruments, seek to update the country’s legal framework governing ship-based environmental risks. Despite these developments, important questions remain regarding the adequacy of the current regime in addressing contemporary ecological challenges arising from modern shipping activities. This paper evaluates selected aspects of India’s maritime environmental governance through three interconnected areas of inquiry. First, it assesses the regulatory design of the Draft Merchant Shipping (Control and Management of Ships’ Ballast Water and Sediments) Rules, 2026 and considers their implications for preventing the spread of invasive aquatic species. Second, it examines the legal consequences of India’s continued non-accession to the international regime governing liability and compensation for hazardous and noxious substance incidents at sea. Third, it analyses the enforcement structure under the Merchant Shipping Act, 2025, with particular attention to the use of administrative monetary penalties for certain pollution-related violations. By situating these issues within broader international regulatory approaches, the paper highlights institutional and legal limitations that may affect the effectiveness of India’s maritime environmental protection framework.210 views -
Data Governance & Digital Inclusion: A Legal Analysis
Research Scholar at Faculty of Law, Jamia Millia Islamia, New Delhi, IndiaPages 104 - 113The pervasive integration of digital infrastructures across South Asia has generated unprecedented opportunities alongside pronounced inequalities, revealing a complex interplay between technological progress and legal regulation. This research article conducts a doctrinal and comparative legal analysis of the digital divide and data governance frameworks across South Asian countries. It critically examines how varied legislative and institutional approaches to data protection, privacy, and information governance shape digital inclusion and exclusion. Building on key laws such as India’s Digital Personal Data Protection Act (2023), Sri Lanka’s Personal Data Protection Act (2022), and corresponding regimes in Bangladesh, Nepal, and Pakistan, the study highlights how national legal cultures and administrative capacities influence the realization of digital rights and equitable governance. Methodologically, it employs a normative legal framework combining doctrinal interpretation with regional policy analysis, supported by judicial precedents and regulatory documentation. The analysis interrogates the effectiveness of current data governance mechanisms in addressing systemic asymmetries in digital inclusion, especially among rural, low-income, and marginalized populations. Situating South Asian practices within global standards like the EU’s GDPR, the UN digital governance initiatives, and the ASEAN Data Management Framework, the paper shows that the digital divide transcends infrastructure or access, manifesting as a legal and regulatory challenge rooted in uneven articulation of rights, accountability, and transnational data flow governance. The findings reveal that although regional efforts indicate a growing commitment to data protection and digital participation, the absence of harmonized legal standards undermines cross-border cooperation and equitable digital access. The study concludes by advocating for a regionally integrated legal paradigm emphasizing human-centric data governance, institutional coherence, and normative clarity to bridge the digital divide. By integrating legal analysis within digital development discourse, this research contributes to a deeper understanding of how law mediates justice and inclusion in emerging digital economies.118 views -
Protection of Human Rights of Prisoners through Public Interest Litigation
LL.M. student at Symbiosis Law School, Pune, Maharashtra, IndiaPages 114 - 123Public Interest Litigation (PIL) has had an extraordinary impact on the Indian constitutional order by expanding judicial access for disadvantaged groups, especially inmates who face significant procedural and institutional barriers to the enforcement of their basic rights. The current paper critically assesses the role of PIL in protecting the human rights of prisoners in India, with particular concern for its effectiveness as a means of addressing systemic violations of human rights within custodial administration. Using a doctrinal and analytical framework, the study outlines the evolution of jurisprudence on prisoners' rights through historical Supreme Court cases that struck down the hands-off doctrine and upheld the continued applicability of Article 21 in custody settings. The question is addressed by using academic materials, institutional documents, and constitutional law to determine whether the judiciary's recognition of inmates' rights through PIL has brought about significant institutional transformation. Findings show that, despite PIL significantly strengthening the normative architecture related to the conditions of incarceration, custodial defences, and under-trial adjudication, its effectiveness has been entirely reactive and limited to each case. The structural issues that have to be tolerated over time, such as overcrowding, protracted pre-trial detention and violence in custody, demonstrate a huge difference between the ideals of the constitutional provisions and their practical application. In addition, the paper identifies structural limitations that affect PIL's efficacy, including the judiciary's limited ability to provide enduring monitoring, reliance on executive collaboration, and the absence of powerful enforcers. The findings confirm that, even though PIL remains a fundamental tool for uncovering human rights abuses and establishing constitutional responsibility, it is an insufficient alternative to a wholesale change in prison management and criminal-justice regulation. Sustainable protection of inmates' human rights requires legislative initiatives, administrative oversight, reorganisation of institutions within systems, and continuous judicial involvement.338 views -
Sacred Texts and Secular Laws: Feminist Critique of Marriage under Hindu Law
Student at School of Law, CHRIST (Deemed to be University), Bangalore, Karnataka, IndiaPages 124 - 141The concept of family is older than that of society, and marriage is at the root of the complex web of interconnected relationships . Marriage under Hindu law was considered a mere traditional sacrament (Sanskara) that is a sacred, indissoluble union, not just between a man and a woman, but between two families, with divine sanction. The basis of marriage was not the happiness of the bride and groom but rather the fulfilment of Dharma, which includes their duty to procreate, attain moksha, and several other religious and societal duties. Concepts of Kanyadaan and Saptapadi upheld the involvement of divine intervention, and the concept of Divorce was non-existent, as marriage was believed to be blessed by the heavens and a truly unbreakable bond. The Hindu Codes 1955-56 fundamentally altered our understanding of traditional marriage. While it acknowledged the spiritual essence of the concept, it gave a contractual dimension, upholding legal principles. The legislation made divorce permissible, legally required monogamy, it transformed the institution of marriage as recognised by civil and social institutions governed by law. The rise of nuclear families, increased female participation in the workforce, and evolving social norms have further challenged traditional patriarchal structures; hence, there’s a need for an institution that continuously adapts to the changing social and economic realities of society. The paper infers that true gender justice requires not just legal reform but also an elementary shift in the judicial and societal mindset that continues to privilege traditional ideals over modern principles.118 views -
Pages 142 - 156This research examines the growing misuse of synthetic media, especially deepfakes and other AI-generated manipulative content, as a gendered instrument of abuse against women. It argues that synthetic media weaponisation has transformed the nature of digital harm by enabling non-consensual sexualisation, impersonation, reputational sabotage, blackmail, harassment, and psychological coercion at an unprecedented scale. The study situates these harms within the framework of privacy, dignity, bodily autonomy, equality, and expressive freedom, and shows that such abuse is not merely a technological irregularity but a structural form of gender-based violence in digital spaces. The paper critically analyses the present Indian legal framework, including constitutional protections, the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Sakshya Adhiniyam, 2023, the Digital Personal Data Protection Act, 2023, and intermediary due diligence obligations, to assess whether current law can adequately respond to synthetic abuse. It finds that the law remains fragmented, reactive, and conceptually underprepared to address the composite injury caused by synthetic media. The study further identifies evidentiary, attributional, procedural, and remedial challenges in enforcement. It finally advances the need for a gender-sensitive, rights-based, and technology-responsive legal regime that can provide effective recognition, prevention, takedown, investigation, and victim-centred remedies.137 views
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Pages 157 - 172One of the most invasive types of digital surveillance is facial recognition technology (FRT), which allows for the automatic, real-time identification of people in both public and private settings without their consent. India is aggressively using FRT in law enforcement, transportation, crowd monitoring, digital governance, and border management, despite being a constitutional democracy dedicated to the rule of law. The establishment of projects such as the Delhi Police’s facial recognition system, the automated Facial Recognition System (AFRS) proposed by NCRB, and state-level “Smart City” surveillance frameworks raised major concerns about mass surveillance, data extraction, exclusion, and algorithmic discrimination.. Unlike jurisdictions such as the European Union which set significant limitations on biometric processing, India lacks a dedicated statutory framework to oversee FRT, notwithstanding the Supreme Court’s admission of the basic right to privacy in K.S. Puttaswamy v. Union of India. This paper argues that unchecked FRT offers structural risks to fundamental rights protected under Articles 14, 19, and 21. It does this by critically examining the constitutional implications of FRT through the lenses of privacy, equality, due process, and state authority. The study combines doctrinal, analytical, and jurisprudential methodologies to explain how FRT enhances state authority asymmetrically, erodes privacy in public areas, fosters prejudices, and bypasses procedural safeguards. The paper's conclusion proposes a rights-based regulatory strategy based on necessity, proportionality, openness, algorithmic accountability, and independent review to strike a balance between security objectives and constitutional liberties.263 views
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Pages 173 - 183The advent of Artificial Intelligence (AI) has raised complex legal and philosophical questions, particularly in relation to authorship and copyright ownership. One of the most contentious issues is whether or not an AI system can be recognized as an "author" and considered a "legal person" under the current copyright regulations. This paper critically examines the feasibility and ramifications of giving AI systems authorship status by contrasting the copyright rules of the US and India. Since only natural or legal persons are recognized as writers in both jurisdictions, writings produced only by AI now have a legal void. Through doctrinal analysis, case law review, and policy discourse, this study evaluates whether and how the legal definition of "author" could evolve to accommodate AI-generated content. This research was motivated by the growing application of generative AI in creative fields such as software development, music, visual arts, and literature, where it is getting harder to distinguish between human and machine-generated material. As AI systems significantly contribute to original works that are not directly created by humans, the issues of copyright ownership, responsibility, and incentive structures become critical. By analyzing current legal provisions, judicial tendencies, and theoretical perspectives, the study aims to develop practical legal frameworks that answer the concerns brought forth by non-human producers. We pursue this paper to inform ongoing global debates and help policymakers anticipate the legal disruptions caused by AI in the intellectual property domain. By identifying gaps in Indian copyright law and contrasting them with emerging discussions in the US, this study seeks to contribute to the development of progressive, equitable, and ethically sound legal norms that address the reality of AI-generated innovation. The paper also emphasizes how moral rights, legal personhood, and accountability are all impacted more broadly by AI authorship recognition. It looks into whether allowing AI authorship could undermine the core principles of copyright law, including human labor and inventiveness, and whether alternatives—such transferring rights to the AI's owner, user, or creator might be better in line with moral and legal norms. By addressing these core concerns, the study aims to offer a comprehensive and comparative framework that guides future policy in both India and the US.153 views
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The Illusion of being Informed, Emotional Politics and Democratic Judgment
Student at Navrachana University, Vadodara, Gujarat, IndiaPages 184 - 188This paper examines the transformation of political communication in India from deliberative, policy-oriented discourse to emotionally saturated, short-form, algorithmically amplified content. It argues that in a media environment where entertainment is increasingly treated as equivalent to importance, citizens experience the illusion of being informed while substantive understanding declines. Tracing the evolution of public discourse from print to radio, television, and digital platforms, the study situates contemporary political speech within a broader shift in how truth is recognized and processed. Drawing on computational analysis of Indian political speeches and established psychological frameworks such as Emotional Contagion Theory, the Elaboration Likelihood Model, and Affective Intelligence Theory, it demonstrates how anger and emotionally charged rhetoric reduce systematic information processing while increasing mobilization and certainty. The paper ultimately contends that emotional saturation shortens the deliberative interval necessary for democratic reasoning, replacing reflective evaluation with reactive confidence, and contributing to a political culture shaped more by engagement than understanding.113 views -
Privacy, Transparency, and Constitutional Accountability: A Critical Analysis of the Digital Personal Data Protection Act, 2023 and its Impact on the Right to Information Regime in India
LL.M. student at National Law School of India University, Bengaluru, Karnataka, IndiaPages 189 - 200In the current research paper, the constitutionality of the Digital Personal Data Protection Act 2023 and the subsequent 2025 Rules are analyzed with regards to the historic case of Venkatesh Nayak v Union of India (2026). The paper will discuss the transparency-privacy paradox as it applies to the amendments in the right to information Act 2005 section 8(1)(j) through the insertion of section 44(3) in the Act. It claims that the amendments are privacy-based and do not take into consideration the right to know as articulated in Article 19(1)(a) of the Constitution. It also considers the provisions under the Act under the sections 17 and 36 that give exemptions to the state and also demand that the fiduciary should part with the information to the state without any such exceptions or checks as the proportionality test in the Puttaswamy judgment. It discusses the institutional independence of Data Protection Board of India regarding the executive dominance in the process of selecting the members of the board and the applicability of the principle of the separation of powers.213 views -
The Compliance Trap: Regulatory Burden, Accreditation, and the Shrinking Small Healthcare Sector in Maharashtra – An Empirical Study
Student at Thakur Ramnarayan College of Law Dahisar, Mumbai, Maharashtra, IndiaPages 201 - 224Regulatory Framework is key to legal Governance of nay society, and to keep updating such a regulatory framework according to changing and ever emerging new needs of the man manifestative of a welfare democratic state. Healthcare has always been one of priority areas that has always kept nations, world over, engaged to set a goalpost and to keep moving it forward, for the general well-being of the society. Through this research paper I attempt to analyse such a forward-looking attempt of the regulators of Indian healthcare system through the establishment of NABH . The board was established in 2005 and started functioning in 2006, participation of state governments being voluntary, to begin with. Maharashtra government participated in the programme in 2021, updating its rule book through 'Maharashtra Nursing Homes Registration (amendment) rules, 2021 . Purpose of this study is to highlight the overall impact on the healthcare system of the state, given teething problems faced by ground level healthcare providers, these being the burden of compliance, infrastructure challenges and resulting implementation. Small level players in the system, particularly nursing homes with bed capacity of less than 50 beds, who otherwise cater to healthcare needs of majority of the populace, feel the pinch a lot more, given paucity of available resources to immediately meet out financial and infrastructure burden in implementing amended rules. Study reveals that during last two years i.e from 2022 to 2024, 70 to 80 small and medium level nursing homes closed down only in Pune . Averaging out this number for the state as a whole, the picture would certainly be alarming. The research is aimed to find a meeting place between the need to implement well-intentional amendment to the rules governing healthcare of the society and viability and feasibility of the same at the ground level.104 views -
The Crucible of Power: A Political Economy Analysis of Merger Control in India
Student at Jindal Global Law School, IndiaPages 225 - 235This paper examines India’s merger control regime through a political economy lens, arguing that it functions not merely as a technocratic mechanism for safeguarding competition but as an instrument embedded within the country’s developmental state. Tracing the evolution of merger regulation from the Monopolies and Restrictive Trade Practices Act, 1969 to the Competition Act, 2002 and its recent amendments, the paper highlights how legal frameworks have adapted to India’s transition from a protectionist economy to a liberalized market system. It demonstrates that merger review in India is shaped by broader political and economic considerations, including the pursuit of national champions, geopolitical and national security concerns, and pressures arising from labour and distributive justice debates. Through case studies and comparative references to jurisdictions such as the European Union and the United States, the paper illustrates how regulatory outcomes often reflect negotiated settlements between legal principles, industrial policy, and stakeholder pressures. Ultimately, the analysis reveals that merger control in India operates as a mechanism for governing economic power, where competition law simultaneously pursues market efficiency, strategic autonomy, and developmental objectives.111 views -
Colonial Continuities in Indian Security Law: A Historical Study of Preventive Detention and Emergency Governance
LL.M. Student at The Central Law College, Salem, Tamil Nadu, IndiaPages 236 - 254This study examines the historical continuity between colonial governance and the use of security laws during the National Emergency in India (1975–1977). It argues that many legal mechanisms used during the Emergency, particularly preventive detention and restrictions on civil liberties, closely resembled the colonial legal framework designed to maintain executive control. The research traces the origins of such powers to colonial enactments such as the Bengal Regulation III of 1818, the Vernacular Press Act of 1878, and the Rowlatt Act of 1919, which granted wide discretionary authority to the executive to detain individuals, suppress dissent, and control the press in the name of state security. These colonial practices established a governance pattern where state authority was prioritised over individual liberty. The study further analyses how similar legal mechanisms were employed during the Emergency through laws such as the Maintenance of Internal Security Act (MISA), the Defence of India Rules, and constitutional amendments like the 38th, 39th, and 42nd Amendments. These measures expanded executive power, curtailed judicial review, and suspended the enforcement of fundamental rights. The role of the judiciary during this period is also examined, particularly through the decision in ADM Jabalpur v. Shivkant Shukla, which demonstrated judicial deference to executive authority. At the same time, Justice H.R. Khanna’s dissent highlighted the inherent nature of the right to life and liberty beyond constitutional recognition. The paper also explores the continuation of similar security-oriented legal frameworks in post-Emergency legislation such as the National Security Act (NSA), the Terrorist and Disruptive Activities (Prevention) Act (TADA), the Prevention of Terrorism Act (POTA), and the Unlawful Activities (Prevention) Act (UAPA). Through a comparative analysis, the study argues that the preference for state security over individual freedoms has remained a persistent feature of Indian security legislation. However, recent judicial trends indicate a gradual shift towards protecting personal liberty by emphasising procedural safeguards and constitutional guarantees.123 views -
Pages 255 - 268Artificial Intelligence (AI) has become a transformative technological force influencing governance, economic development, and public administration across the world. Governments increasingly rely on algorithmic systems for predictive analysis, automated administration, and digital public services. While AI technologies promise efficiency and innovation, they also generate significant legal and ethical challenges involving transparency, accountability, algorithmic bias, privacy protection, and democratic oversight. This research paper examines the evolving legal challenges associated with artificial intelligence with particular reference to India. The study analyses constitutional principles, statutory frameworks, and international regulatory approaches to AI governance. It further proposes policy recommendations for developing a balanced regulatory framework that promotes technological innovation while safeguarding fundamental rights and democratic values.300 views
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Legal Dimension of Uterus Transplantation in India
Associate Professor at Galgotias University, Uttar Pradesh, IndiaPages 269 - 276Uterus transplantation is an important medical development that offers new hope to women who are unable to carry a pregnancy due to absolute uterine factor infertility. While this procedure creates new possibilities for motherhood, it also raises serious legal, ethical, and social concerns—especially in India, where there is no clear law that specifically regulates uterus transplantation. This paper examines the legal position of uterus transplantation in India by analysing existing laws such as the Transplantation of Human Organs and Tissues Act, 1994 and the ethical guidelines issued by the Indian Council of Medical Research. It argues that these legal frameworks were created mainly for life-saving organ transplants and medical research, and therefore do not adequately address the risks involved in an experimental, non-life-saving procedure like uterus transplantation. The paper also places uterus transplantation within the broader context of women’s reproductive rights under Article 21 of the Constitution of India and India’s international human rights commitments. It highlights concerns related to informed consent, protection of donors, medical risks, and the social pressure placed on women to bear biological children. By referring to international practices and ethical standards, the study identifies important gaps in regulation, particularly in relation to consent procedures, ethical oversight, legal accountability, and long-term follow-up of donors and recipients. The paper concludes by stressing the need for a clear and dedicated legal framework to ensure that uterus transplantation in India develops in a safe, ethical, and gender-sensitive manner that respects women’s dignity, autonomy, and bodily integrity.88 views -
A Critical Analysis of India’s Elderly Welfare Framework: Balancing Tradition, Legislation, and the Need for Integrated Care
Research Scholar at Department of Sociology & Social Work, Himachal Pradesh University Shimla, IndiaPages 277 - 287The phenomenon of an ageing population has projected India’s demographic make-up of senior citizens (60-plus age group) to be 14.9 per cent of the entire population by 2036, amounting to 319 million people by 2050, which poses a substantial public health concern. Vulnerability increases from the high rates of multi-morbidity, functional decline, and the 65 to 80 per cent of the aged population needing caregiving assistance from others. In 2007, the Government of India implemented the Maintenance and Welfare of Parents and Senior Citizens (MWPSC) Act to ensure financial assistance to older adults and to safeguard this population from neglect and abuse. This paper critically evaluates this legislative response, finding that the Act suffers from implementation challenges, including low awareness (reported as low as 12 per cent among the elderly), administrative bottlenecks, and conflicting judicial interpretations of Section 23 regarding property transfers. Furthermore, limitations in the law, such as the narrow definition of 'maintenance' as merely bare necessities, fail to guarantee a dignified life. This research states that there neesds to be a change in thinking regarding current demographic realities, as explained in the following: the family obligation model must be replaced with integrated care models that incorporate the World Health Organisation (WHO) Healthy Ageing Agenda, which contributes to the maintenance of functional ability. This work must be complemented with accelerated social and economic policies to provide dignity, financial support, and accessibility to a wide variety of tailored assistance and care for the elderly in India.116 views -
Pages 288 - 304A Geographical Indication (GI) tag is a form of intellectual property protection that safeguards the distinct qualities, reputation, and authenticity of products linked to a specific geographical region. It plays an important role in preserving cultural heritage and traditional knowledge associated with such products. Beyond legal protection, GI recognition can serve as a powerful tool by helping create a unique brand identity, enable producers to obtain premium prices, and support the empowerment of local communities. In this sense, GI protection contributes to reinforce the broader Indian economy. The North-eastern States of India are rich in traditional and cultural arts and craft, unique agricultural produce, and natural products. In spite of this enormous potential, the region has comparatively fewer GI registered products compared to the other parts of the country. Only few states, such as Tripura, Arunachal Pradesh, Assam, and Meghalaya, received GI recognition. Despite the fact that India’s GI registration system has been in place since 2005. This study examines the role of Geographical Indications as a tool for empowering local communities, with special reference to Northeastern India, a region rich in cultural diversity, indigenous skills, and unique agricultural and artisanal products. The paper also analyzes how GI protection contributes to community empowerment by enhancing market recognition, generating employment, and increasing income opportunities. The paper also emphasizes the current disparities between legal recognition and actual benefit delivered to the indigenous producers of Northeastern India. By means of some selected examples of GI-tagged products from Northeastern India, the study explores the practical impact of GI registration while identifying the key challenges face by the local producers such as lack of awareness of the Intellectual Property Rights, inadequate institutional support, limited access to the market, and enforcement issues. The study concludes that although Geographical Indication possess significant potential for community-based development, their accomplishment rely on efficient implementations, involvement of producers, and enabling legislative actions.215 views
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Pages 305 - 313Online gaming is a place where people interact with electronic devices such as computer systems, mobile phones, and tablets through the Internet for gaming purposes. Owing to advancements and access to the Internet, these gaming platforms provide many benefits, such as entertainment, accessibility, and education. Apart from the benefits, it also poses the risk of privacy concerns along with cyber threats. Information technology plays a major role in the online gaming landscape by providing infrastructure for gamers. By using artificial intelligence in gaming platforms, the participants are provided with advanced versions of games, which leads to an enhanced experience for gamers. In addition to the advancements, there are several security and privacy issues may often experience by the players and developers. This study deals with the laws relating to cyber threats, which are often encountered in online gaming environments, and provides measures to protect the privacy of gamers.103 views
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The Influence of the National Education Policy 2020 on the English Language Curriculum at the Higher Secondary Level
Head of the Department of English at Tuljaram Chaturchand College (Junior Wing), Baramati, Maharashtra, IndiaPages 314 - 332The National Education Policy (NEP) 2020 introduces significant reforms to the English language class at the advanced secondary position in India, aiming to align it with contemporary global educational norms and enhance language proficiency and critical thinking chops. This paper investigates the impact of NEP 2020 on class design, pedagogical strategies, and assessment practices, emphasizing holistic development, multilingualism, and the integration of technology. The policy advocates for a multidisciplinary approach that enhances scholars’ verbal and cognitive capacities through critical thinking, creativity, and communication chops. The study explores the integration of these rudiments, along with the objectification of digital tools and coffers to grease interactive and individualized literacy fests. The effectiveness of these technological interventions and the preparedness of preceptors in conforming to the new class are critically anatomized. Findings suggest that while NEP 2020 promotes a more dynamic and inclusive English class, successful perpetration depends on acceptable resource allocation, nonstop schoolteacher training, and the development of robust assessment fabrics. Challenges similar as resource vacuity and teacher preparedness must be addressed to meet NEP 2020 pretensions. This paper provides perceptivity into optimizing advanced English class practices, icing scholars are better equipped for advanced education and global capabilities. It concludes by suggesting areas for unborn exploration, particularly longitudinal studies, to assess the long- term impacts of these educational reforms on pupil issues, thereby fostering advanced language chops and overall pupil development.95 views -
Pages 333 - 343The question of women’s safety and gender justice in India cannot be separated from its long civilizational history. For centuries, social attitudes and norms have been influenced by traditional texts such as the Vedas, Upanishads, Smritis, and epics. These texts do not present a single clear picture of women’s status; instead, they show a mix of respect and restriction that has changed over time. In the early Vedic period, women seem to have held a comparatively respected place in society. They were not limited only to household duties but were also involved in learning, religious practices, and intellectual discussions. Some women had access to education and were able to take part in important social and spiritual activities. In certain cases, they even exercised a degree of personal choice in matters like marriage. This suggests that early traditions were not completely restrictive and, in some ways, reflected ideas of dignity and participation that are similar to the principles behind Sustainable Development Goal 5 (SDG 5). However, this position did not remain the same. As time passed, especially during the later Vedic and Smriti periods, society became more structured and patriarchal. Women’s roles were gradually confined to the domestic sphere, and their independence was reduced. Social and legal rules began to stress obedience, modesty, and dependence on male authority. Women’s identity became closely linked to their roles within the family, and their participation in public and intellectual life declined significantly. The epics also show this mixed reality—women are often portrayed as strong and virtuous, yet at the same time expected to follow strict duties and make sacrifices. When we compare these traditional ideas with the goals of SDG 5, certain limitations become clear. SDG 5 focuses on equality, empowerment, and freedom from violence, but traditional systems often viewed women’s safety in terms of protection under male guardianship rather than as an independent right. This difference highlights the gap between older social structures and modern expectations. Even so, it would not be correct to treat traditional texts as completely opposed to gender justice. They also contain positive elements that recognize women’s dignity and participation. The real need today is not to reject tradition, but to understand and reinterpret it in a way that matches constitutional values like equality, dignity, and individual freedom. By doing so, it becomes possible to respect cultural heritage while also moving towards a more fair and inclusive society.157 views
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Courts as Social Engineers: A Comparative Evaluation of the Role of the Supreme Courts of Liberia and India in Strengthening Democracy
Student at Apeejay Stya University School of Legal Studies, Gurugram, Haryana, IndiaPages 344 - 355This comparative study examines the concept of "social engineers"; the human-centric agents who design, restructure, and implement policies aimed at societal transformation. Much like traditional engineers manipulate physical materials, these legal and political actors recalibrate the formal structures of a nation to reshape its developmental trajectory. Focusing on Liberia, a nation currently navigating a fragile recovery following fourteen years of civil conflict and subsequent democratic instability, this research explores the judiciary’s role as a primary engine of social and legal reform. Through a jurisprudential analysis, this paper conducts a comparative assessment of the legal frameworks of Liberia and India. The methodology employs a qualitative approach, synthesizing primary sources; including constitutional provisions, international legal frameworks, and landmark judicial interpretations, with secondary scholarly discourse from reputable journals and legal blogs. The findings reveal that the Liberian judiciary currently faces significant systemic hurdles, most notably a critical lack of resources, an extensive backlog of unresolved cases, and a burgeoning reliance on "mob justice" by a disillusioned populace. Despite these challenges, the Supreme Court of Liberia serves as the ultimate guardian of the Constitution and the protector of fundamental rights, mirroring the robust constitutional mandate of the Supreme Court of India. This research suggests that the Liberian Supreme Court has an urgent judicial responsibility to intervene in the nation’s escalating land disputes; a primary driver of social friction. By drawing a direct nexus to Indian jurisprudence, specifically the "Basic Structure" doctrine established in Kesavananda Bharati v. State of Kerala , this study argues for the adoption of similar legal principles to safeguard property rights and institutional integrity. Ultimately, the paper concludes that for Liberia to achieve sustainable peace, its judicial social engineers must adopt a more proactive, activist stance to ensure that constitutional protections translate into tangible societal stability and the rule of law.115 views -
Digital microfinance has become a powerful way to help more people in India get access to financial services. It does this by using technology to offer small-scale loans, savings, insurance, and payment services. Fintech, mobile banking, and digital lending have quickly grown and changed the microfinance sector. This has made it easier for financial institutions and non-banking financial companies to reach people who aren't being served by standard brick-and-mortar models. But this change brings up big law and regulatory issues when it comes to protecting consumers, keeping data private, controlling interest rates, and holding institutions accountable. This essay looks at the Indian legal system that controls digital microfinance from a theoretical and analytical point of view. It focusses on the Reserve Bank of India's part, fintech rules, data protection laws, and consumer protection laws. It checks to see if the current law system does a good job of promoting financial inclusion while also making sure that things are fair, clear, and protect borrowers. The study says that India's regulatory structure has helped digital microfinance grow, but it isn't as successful as it could be because of problems with enforcement, regulatory coordination, and protects for borrowers. In the end of the paper, changes are suggested that would improve governmental oversight, protect borrowers who aren't able to pay back their loans, and create a balanced ecosystem that supports both innovation and social justice.130 views
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Between Security and Liberty: A Critical Analysis of National Security Laws in India
Research Scholar at Chanakya National Law University, Patna, Bihar, IndiaPages 368 - 381The tension between national security and the protection of fundamental rights remains a persistent challenge in constitutional democracies, particularly in India. This study critically examines the desirability and continued relevance of special national security laws alongside classical criminal law frameworks, while also addressing concerns regarding their misuse and procedural delays It traces the historical evolution of such laws like TADA, UAPA, NSA highlighting the socio-political contexts that necessitated their introduction. The research argues the inadequacy of classical criminal laws despite having provisions relating to national security and the need of national security laws. However, the study exposes the inherent vulnerabilities within these laws that enable their misuse, particularly in the form of arbitrary preventive detention suppression of dissent e.t.c. Through doctrinal analysis of statutory provisions and landmark judicial decisions, the paper underscores the judiciary role in upholding the constitutionality of such laws while also emphasizing safeguards against abuse. In this process, the study concludes that although national security laws are indispensable in the contemporary era, their application must be strictly regulated to prevent violation of human rights. In other words, it recommends institutional accountability, procedural safeguards and expedited judicial review mechanisms to strike a balance between state security and individual freedoms.155 views -
Pages 382 - 393AI is transforming legal services delivery, access, and regulation. AI can improve justice system efficiency and responsiveness by automating mundane legal work, improving legal research through advanced data analytics, improving case administration, and enabling novel online legal service delivery. Courts, law firms, corporate legal departments, and legal aid organisations worldwide are using AI-driven solutions to handle expanding caseloads, decrease procedural delays, and lower legal fees. AI has great potential to improve justice in India, where judicial backlogs and little legal aid persist. AI's rising usage in law creates difficult legal, ethical, and professional issues. The legal profession's fundamental principles are threatened by algorithmic bias, openness of automated decision-making, client data protection, and accountability for AI-generated outcomes. Predictive analytics and automated legal tools raise challenges about how much technology can replace or limit human judgement and discretion. These considerations are especially important in a fair, due process, and professional responsibility-based legal system. This study critically investigates artificial intelligence in legal practise in three areas: efficiency, access to justice, and professional accountability. It examines how AI can spread legal services to marginalised groups using low-cost digital platforms, legal chatbots, and online dispute resolution. It also examines how over-reliance on automated systems may undermine professional autonomy, ethical accountability, and client trust. The study claims that AI has great potential to improve the legal system, but it must be regulated, ethically protected, and professionally supervised. A balanced and principled strategy is needed to use AI to empower rather than exclude, safeguarding legal practice's key ideals of justice, openness, and human judgement.122 views
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From Colonial Criminalization to Constitutional Morality: LGBTQ+ Rights and the Transformation of India’s Criminal Law Framework
Assistant Professor at SASTRA University, Thanjavur, Tamil Nadu, IndiaPages 394 - 409The regulation of sexuality within Indian criminal law has undergone a significant transformation, evolving from a colonial framework rooted in moral policing to a constitutional paradigm grounded in dignity, autonomy, and equality. Historically, Section 377 of the Indian Penal Code, 1860 criminalized consensual same-sex relations, reflecting Victorian moral values that were incongruent with India’s diverse cultural traditions. Its persistence created a contradiction between constitutional guarantees and lived realities, marginalizing individuals identifying as lesbian, gay, bisexual, transgender, and queer (LGBTQ+). This paper critically examines the evolution of LGBTQ+ rights in India through the interplay of judicial intervention, legislative reform, and socio-cultural dynamics. It analyses key judicial milestones, culminating in the landmark decision in Navtej Singh Johar v. Union of India, which decriminalized consensual same-sex relations and reaffirmed the primacy of constitutional morality over societal morality. The study further evaluates the impact of recent legislative reforms, particularly the enactment of the Bharatiya Nyaya Sanhita, 2023, Bharatiya Sakshya Adhiniyam, 2023, and Bharatiya Nagarik Suraksha Sanhita, 2023, which collectively replace colonial-era criminal laws and adopt a harm-based approach to regulation. While these reforms mark a significant step toward legal recognition and inclusivity, the paper argues that decriminalization alone is insufficient to achieve substantive equality. Persistent social stigma, absence of comprehensive anti-discrimination legislation, and lack of legal recognition for same-sex relationships continue to impede the realization of LGBTQ+ rights. The paper highlights the gap between formal legal equality and social acceptance, emphasizing the need for a holistic framework that integrates legal reform with cultural transformation. Ultimately, the study concludes that the success of India’s evolving legal framework depends on its ability to move beyond decriminalization toward affirmative protection and societal inclusion, ensuring that constitutional guarantees are fully realized in practice.125 views -
Pages 410 - 423The World Trade Organisation (WTO) is the most complete set of multilateral laws that rule international trade. The WTO's goal is to encourage free, fair, and predictable trade between its Member States. It does this by establishing legally binding agreements and working together as an organisation. This essay takes a theoretical and critical look at international trade law within the WTO system, focussing on its main legal principles and the ways that countries work together to help run the world's economy. It looks at basic ideas like equality, not favouring one country over another, national treatment, openness, mutual aid, and special and different treatment. The paper also looks at some important institutional and cooperative mechanisms, such as trade talks, the system for settling disagreements, reviewing trade policy, and technical help. The paper shows that the WTO is more than just a trade organisation; it's also a system for managing the world's economies. It does this by looking at how law and formal cooperation work together. It goes into more detail about the problems the WTO is facing, such as protectionism, one-sided trade measures, and bureaucratic paralysis. In the end, the study stresses how important it is to change the WTO system and start working together with other countries again in order to keep it working well and being legitimate.118 views
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The Use of Narco-Analysis as Evidence in Court in Sexual Assault Cases
LL.M. Student at Amity University, Noida, Uttar Pradesh, IndiaPages 424 - 436This article concerns the fact that Narcoanalysis tests have become important in criminal cases. scientific inquiries, which provide possible explanations for hidden facts. The ethical, reliability, however, the ethical, reliability, and legalities of such means have raised much controversy. While both techniques can offer fruitful leads, their accuracy is doubtful, and there is a concern of false leads. memories and manipulation. Furthermore, it is a violation to persuade people to take these tests. constitutional rights, especially the right against self-incrimination guaranteed by the Constitution in Article 20(3). Even when voluntary, the results of the case are frequently treated with suspicion by the courts, and more tangible is given more weight. evidence. This research article explores the issues of the intricacy of narco-analysis tests, with a stress put on the fact that people should be careful, scrutinizing and respectful of the individual rights in their use and exegesis in legal systems.143 views -
Legal Aid to the Poor should not be Poor Legal Aid’: Realizing Article 21’s Promise of Fair Procedure
Student at SASTRA Deemed University, Thanjavur, Tamil Nadu, IndiaPages 437 - 452In India, legal aid evolved from weal measure to abecedarian right under Composition 21 . In Maneka Gandhi (1978), Composition 21 expanded from narrow to" fair, just, reasonable" procedure . Courts were suitable to interpret the right to free legal aid as a necessary element of a fair trial thanks to this reinterpretation . 42nd Amendment (1976) introduced Composition 39A, calling free legal aid to insure justice access anyhow of profitable/ social walls . Landmark cases (Hoskot 1978, Hussainara 1979, Khatri 1981, Suk Das 1986) established State's duty to give legal aid to penurious indicted under Composition 21 fair procedure .These cases exposed Systemic shafts, like dragged undertrial detention and unrepresented trials, were exposed by these cases . 1987 Legal Services Authorities Act established NALSA to institutionalize free legal aid . Legal aid as abecedarian right realizes indigenous equivalency, guarding marginalized from legal rejection.98 views -
Pages 453 - 459Human Rights Defenders (HRDs) are essential actors in the promotion and protection of fundamental rights and freedoms worldwide. The adoption of the United Nations Declaration on Human Rights Defenders (1998) marked a significant step in establishing international standards for their protection. However, despite the existence of these normative frameworks, the practical realization of such protections remains inconsistent and inadequate. HRDs continue to face systemic challenges, including threats, harassment, arbitrary detention, and restrictions imposed through legal and administrative mechanisms. This paper critically examines the global standards governing the protection of human rights defenders and evaluates the persistent gaps in compliance at the national level. It highlights the lack of binding legal force, weak enforcement mechanisms, and political resistance as key barriers to effective implementation. The study further explores the evolving role of non-state actors, particularly corporate entities, in shaping the risk environment for HRDs. Additionally, emerging challenges such as digital surveillance, online intimidation, and shrinking civic space are analysed as contemporary threats to defenders. The paper argues that strengthening compliance requires a multi-dimensional approach involving legal reforms, institutional accountability, and enhanced international cooperation. It concludes that without effective enforcement and state commitment, global standards will remain largely symbolic, failing to ensure meaningful protection for human rights defenders.98 views
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Uniformity vs. Diversity: The Constitutional Conundrum of the Uniform Civil Code (UCC)
Student at Vivekananda Institute of Professional Studies, Delhi, IndiaPages 460 - 468India from the beginning has been a diverse country with coexisting differences between different people, religious and ethnic groups. Since colonial times, the fulfilment of distinct needs was regulated by administrative authorities, who, in order to assert their sovereignty, introduced personal laws tailored to India’s diverse demographic composition.The term "secularism" was first mentioned in 42nd Constitutional Amendment of 1976 resonates with the idea of India as a unified and unbiased religious state. With further passage of time and several legal conflicts among social communities in India, the demand for a Uniform Civil Code (UCC) has emerged. It aims to replace religion-based personal laws with a common set of civil laws for all citizens. Article 44 serves as a cornerstone for achieving equality, unity, and legal uniformity through UCC. The UCC is proposed to be a necessity to strengthen gender justice, equality before the law, justice, law and order and national integration, especially by getting rid of discriminatory practices ingrained in some personal laws. According to this viewpoint, uniformity serves as a constitutional instrument to actualize fundamental rights and transform the Indian legal system and impose uniformity and neutrality in several matters. However, the other side of the coin claims that enforcing UCC could jeopardize India's pluralistic culture and the freedom of religion guaranteed by Articles 25 and 26 of the constitution. They claim that it won’t be wise to intervene with expression of religion and this must be kept as a personal issue and dealt with separately. Therefore, they argue that a strict uniform code could be seen as majoritarian, which could marginalize minority communities and undermine their autonomy. This article investigates the constitutional challenges associated with the UCC issue by looking at judicial interpretations, constituent assembly debates, and contemporary sociopolitical discourse.179 views -
Drawing the Line at Eighteen: Understanding the Quasi-Adult Paradox in India’s Juvenile Transfer Regime
Student at Amity University Lucknow, Uttar Pradesh, IndiaPages 469 - 473The Juvenile Justice (Care and Protection of Children) Act, 2015 allows children aged 16–18 accused of “heinous offences” to be subjected to a preliminary assessment under Section 15 and subsequently tried as adults. This article argues that the transfer mechanism under Sections 15, 18(3), and 19 is constitutionally infirm under Article 14 (arbitrary classification), Article 15(3) (inversion of child protection), and Article 21 (dignity and proportionality). Delving into the "maturity gap" in adolescent neuroscience and the "reactive" legislative history since the Nirbhaya case, this article demonstrates that the 16–18 transfer regime creates an untenable category of “quasi-adults.” Referring to the insights from the NCRB data, the article highlights how the "Preliminary Assessment" is not a neutral tool but a site where social capital determines "justice." Furthermore, the author argues that the caste-class nexus and its accompanied institutional bias prevents India from investing in a universal restorative justice model, though such models exist in selected cities of India. Drawing from the Steinberg "Braking System" model, the paper argues that the JJ Act punishes a biological incapacity as a criminal choice. Referring to recent jurisprudence from Barun Chandra Thakur (2022) and CCL K v. State (2025), the article proposes that 18 must be affirmed as the inviolable age threshold to resolve statutory, constitutional, and international law incoherence.161 views -
Law as Instrument of Social Change
LL.M. Student at Bharata Mata School of Legal Studies, Kerala, IndiaPages 474 - 485Law plays a fundamental role in bringing up society. It not only regulates human conduct in society but also acts as a powerful instrument for bringing up social change within a society. In a diverse country like India, social inequalities such as poverty, gender discrimination, and unequal access to resources continue to exist alongside rapid development and modernization. In such circumstances, the legal system becomes an essential mechanism for addressing social problems and promoting justice and equality. Also, there are certain customs to which the society strictly used to it which can only be removed by the tool of law. This study examines how law functions as an effective tool for social transformation by influencing social behaviour, protecting fundamental rights, and promoting social justice. The research explores the role of constitutional principles, legislative measures, and judicial decisions, also the legislations in bringing progressive changes in society. The study further emphasizes that the success of law as an instrument of social change depends not only on the enactment of progressive legislation but also on its proper implementation and public acceptance. It does not mean that law alone can make a social change but it is one of the important factors of social change. Through a combination of legal reforms, judicial activism, and social awareness, law can help to reduce social injustice and create a more equitable society. The paper concludes that a responsive and evolving legal system is essential for ensuring sustainable social development and maintaining social order in a society.341 views -
The legal system of any nation owes much to its cultural and civilisational development, as it evolves to organise and regulate society. The development of a nation’s culture and civilisation is preserved in the literature produced across different historical periods. Literature reflects not only the value systems of a society but also suggests ways in which these values may be reconsidered and improved with changing contexts of time and space. Law, in turn, institutionalises and enforces these values in order to regulate social conduct. In this sense, law and literature function as interconnected and interdisciplinary realms, both deeply rooted in narrative structures. The interdisciplinary field of Law and Literature examines the complex relationship between legal discourse and literary narrative. Scholars in this field argue that legal systems operate not merely through objective reasoning but also through interpretive processes similar to those employed in literary analysis. Legal interpretation, therefore, cannot be separated from the narratives societies construct about authority, morality, and social order. These narratives are deeply embedded within existing power structures, shaped by factors such as race, gender, caste, colonial history, and sexuality, which inevitably influence legal discourse and judicial outcomes. This paper examines the role of gender and power in the construction of justice in Apple Tree Yard (2013), the psychological thriller by Louise Doughty. It argues that the courtroom trial in the novel functions as a narrative space in which legal storytelling, moral judgement, and gendered assumptions intersect, revealing how the judicial process can reproduce broader social structures of power and gender bias.168 views
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Pages 496 - 507The role of the judiciary as a role, both when it comes to protecting human rights and the maintenance of constitutional governance in India, is evolving like water by the day. While the expansion of judicial monitoring systems has been more meaningful in strengthening accountability, it also has posed problems of limits when the judicial process is expanded from a purely operational standpoint. The concepts of judicial activism and judicial restraint are used regularly and are the tools of judicial activism, but is their practical application harder in terms of their meaning and use of our experience? This paper comes to this problem from the standpoint of how courts deal with very different types of structural problems of organisations and how they act so as to balance the other.173 views
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Recognition & Enforcement of Foreign Arbitral Awards in India: Legal Framework & Challenges
LL.M. student at Pondicherry University, Pondicherry, IndiaPages 508 - 527This research work explores the recognition and enforcement of foreign arbitral awards in India, with a focus on its legal framework, challenges, and implications. The hypothesis posits that while effective recognition and enforcement are vital for fostering international commercial arbitration and attracting foreign investment, various obstacles within the legal system may hinder the process. It investigates the current legal landscape in India and the complexities foreign parties encounter when seeking to enforce arbitral awards. It also analyzes the impact of recognition and enforcement process on India's appeal as an international arbitration hub and examines the role of international conventions, such as the New York Convention. Furthermore, it delves into the interpretation of the public policy exception by Indian courts and considers recent legislative and judicial developments. Ultimately, the research aims to identify opportunities for enhancing India's legal mechanisms to promote international arbitration and foreign investment, with practical implications for businesses.278 views -
Beyond Compliance: A Comprehensive Framework for Integrating ESG Metrics into Corporate Strategy and Value Creation
LL.M. student at Pondicherry University, Pondicherry, IndiaPages 528 - 549The integration of Environmental, Social, and Governance (ESG) metrics into corporate strategy represents a transformative shift in business leadership, yet a significant gap persists between regulatory compliance mandates and strategic implementation. This research paper addresses this critical disconnect by developing a comprehensive framework that elevates ESG integration from mere compliance exercise to value creation driver. Through a mixed-methods approach combining doctrinal legal analysis of emerging regulatory frameworks across major jurisdictions with empirical case studies of implementation across financial services, manufacturing, and technology sectors, this study identifies the legal and structural barriers impeding meaningful ESG integration. The research demonstrates that organizations face three principal challenges: navigating inconsistent disclosure requirements across jurisdictions, determining legally defensible materiality standards, and reconciling traditional fiduciary duties with expanded stakeholder considerations. Moreover, this paper proposes a three- component framework that provides legal professionals and corporate leaders with actionable pathways for strategic ESG implementation. First, the framework establishes a legally sound approach to metrics harmonization that addresses jurisdictional variations while maintaining defensible materiality determinations. Second, it outlines integration pathways that connect ESG performance to strategic planning, risk management, and capital allocation decisions within existing legal structures. Furthermore, it redesigns governance mechanisms to clarify board oversight responsibilities, align executive compensation with ESG outcomes, and facilitate meaningful stakeholder engagement while minimizing liability exposure. The paper contributes to both legal scholarship and corporate governance practice by bridging theoretical debates on stakeholder theory with practical implementation guidance, demonstrating how ESG integration can simultaneously satisfy evolving regulatory requirements and drive sustainable value creation. Moreover, this research addresses the growing demand for legal expertise in ESG implementation as regulatory frameworks continue to evolve globally, providing a roadmap for legal professionals to guide organizations beyond compliance toward strategic advantage in an increasingly ESG-focused business environment.296 views -
Polarization and Power Sharing: Reimagining Federalism for Democratic Resilience
Student at Marwadi University, Rajkot, Gujarat, IndiaPages 550 - 556This paper analyses how partisan polarisation impacts on democratic governance with federal systems and the challenges it causes on the institutional stability and intergovernmental relations. It studies how federal systems, which were created to balance unity and diversity, are now under pressure because political polarization is making it harder for central and state governments to cooperate and maintain the balance. On the comparative perspective, paper shows how when political parties’ followers grow more divided and hostile, the exiting power faces the problems between the different levels of the government. Instead of cooperating, each side starts to fight over who should have the authority. The system can become fairer, less dominated by one power by allowing flexibility, independence, cooperation and respect among the governments of different level. Determining the stability in the divided federal democracies depends on the institutions that balance unity and cooperation with regional independence so that democracy doesn’t break down under polarisation.231 views -
Pages 557 - 578The stability of the banking system is fundamentally dependent on the accuracy and transparency of financial reporting. In India, statutory bank audits play a critical role in ensuring the integrity of financial statements, particularly in the context of asset classification and provisioning norms. Non-Performing Assets (NPAs) have emerged as a persistent challenge affecting the health of banks and the broader financial system. This paper examines the legal framework governing statutory bank audits in India and critically analyses the regulatory guidelines relating to NPA classification as prescribed by the Reserve Bank of India (RBI). It further evaluates the role of auditors in detecting asset quality issues, the challenges faced in audit processes, and the implications of misclassification of NPAs. The study highlights judicial trends, regulatory developments, and practical concerns, offering suggestions for strengthening audit mechanisms and improving compliance standards.335 views
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Constitutional Accountability of the Council of Ministers in India: Bridging the Structural Gap through Judicial Interpretation and Corporate Governance Principles
Student at Christ (Deemed to be University) University, Pune, Lavasa, IndiaPages 579 - 590The Indian Constitution establishes collective and individual ministerial responsibility as cornerstones of executive accountability. Yet, decades of constitutional practice reveal a persistent structural gap: the Council of Ministers frequently operates without meaningful parliamentary oversight, judicial scrutiny, or enforceable accountability norms. This paper critically examines the constitutional provisions governing ministerial responsibility under Articles 74, 75, 78, and 164; analyses landmark judicial pronouncements that have shaped—and in some instances narrowed—the contours of ministerial accountability; and interrogates the practical effectiveness of the doctrine of collective responsibility. Drawing comparative insights from the United Kingdom and New Zealand, and applying normative principles derived from corporate governance frameworks, this paper argues that existing constitutional mechanisms are structurally insufficient and proposes targeted reforms to reinvigorate parliamentary democracy in India.173 views -
Beyond Regulation: Assessing IRDAI’s Effectiveness in Addressing Mis-selling and Market Conduct Failures
LL.M. Student at Gujarat National Law University, Gandhinagar, India.Pages 591 - 603The efficiency of the Insurance Regulatory and Development Authority of India in guaranteeing consumer safety within the Indian insurance industry is critically examined in this paper. The welfare of the consumers is nonetheless threatened by enduring problems including mis-selling and unfair claim repudiation, despite IRDAI’s establishment of a thorough regulatory framework. The paper examines IRDAI’s legislative mission, institutional mechanisms including the Insurance Ombudsman and internal grievance procedures and regulatory tools, especially the Protection of Policyholders interest Regulations, 2017 using doctrinal research methodology. This paper highlights a crucial disconnect between market results and legislative design, as demonstrated by the substantial losses suffered by consumers because of deceptive sales tactics. IRDAI’s reliance on a compliance based, disclosure oriented regulatory strategy, which presumes educated consumer decision making but falls short in addressing information asymmetry and intermediary wrongdoing, is blamed for this disparity. Enforcement effectiveness is further undermined by institutional issues such as fragmented regulatory jurisdiction which is shown by IRDAI-SEBI dispute over ULIPs and worries about the concentration of quasi-legislative, executive and adjudicatory powers. The paper concludes that improved monitoring of digital and intermediary driven risks, increased inter-regulatory coordination and a change to enforcement driven regulatory architecture which are necessary for real consumer protection. It suggests specific changes meant to overcome enforcement loopholes and raise the general effectiveness of consumer protection in India’s insurance industry.145 views -
Public Morality vs Constitutional Morality: A Study of Judicial Balancing in India
LLM Student at Bharata Mata School of Legal Studies, Aluva, Kerala, IndiaPages 604 - 625The dynamic interplay between public morality and constitutional morality lies at the core of India’s constitutional democracy. Public morality, rooted in societal norms, traditions, and majority beliefs, often influences legal and social frameworks but may also perpetuate exclusionary and regressive practices. In contrast, constitutional morality is founded on the enduring values enshrined in the Indian Constitution, including justice, liberty, equality, dignity, and fraternity, serving as a safeguard against majoritarian excesses. This paper critically examines the conceptual foundations, historical evolution, and theoretical dimensions of both public morality and constitutional morality in the Indian context. Through an analysis of landmark judicial pronouncements such as Navtej Singh Johar v. Union of India, Joseph Shine v. Union of India, Indian Young Lawyers Association v. State of Kerala, and Shayara Bano v. Union of India, the study highlights the judiciary’s increasing reliance on constitutional morality to uphold fundamental rights and promote transformative constitutionalism. The paper further explores the inherent tensions between these two forms of morality, addressing key concerns such as the majoritarian bias of public morality and the risks of judicial overreach associated with constitutional morality. It argues that while public morality provides necessary social context, constitutional morality must remain the ultimate touchstone for legality and justice in a pluralistic society. The study concludes that a balanced and principled approach is essential to harmonize democratic values with constitutional supremacy, ensuring the protection of individual rights and the advancement of an inclusive legal order.222 views -
A Comparative Study of the Impact of Artificial Intelligence on Privacy in India, The United States, The European Union, and China
Student at Christ (Deemed to be University) University, Pune, Lavasa, IndiaPages 626 - 657An unregulated tool is always dangerous; AI has profoundly developed and they create images, videos and generative works that are hard to complete by human. These tools of AI have been developed by various innovations and training such as the machine learning. These tools are used in both the positive and the negative aspects; this raises an issue of privacy and accountability of the software in producing generative work. This research paper is a study on how generative work will affect personal integrity and privacy. Every citizen is vested with a right of privacy, and the right is exploited by these new technologies. The gap in the development of adaptive measures to govern generative AI is limited in the existing framework. This research examines the various frameworks globally available for the governance of AI generative works and gives solution to create a flawless governance framework.96 views -
Juvenile drug delinquency represents a mounting challenge for India’s justice system, situated at the complex intersection of criminal law, social policy, and child rights. While the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, enforces a rigidly punitive stance, the Juvenile Justice (Care and Protection of Children) Act, 2015, embodies a reformative philosophy. This doctrinal friction fundamentally implicates Article 21 of the Constitution and India's obligations under the UN Convention on the Rights of the Child, creating systemic inconsistencies in the treatment of vulnerable youth. Furthermore, neither framework adequately addresses the socio-economic determinants—such as poverty, family disintegration, and educational exclusion—that push children into substance abuse. Although National Crime Records Bureau (NCRB) data reveal rising juvenile involvement in drug-related offences, this paper identifies a critical data deficit obscuring the underlying socio-economic and psychological vulnerabilities of these minors. Drawing upon criminological theories, qualitative sociology, and comparative international models—including Portugal's dissuasion approach and U.S. juvenile drug courts—this study critically evaluates the gaps in India's legal responses. Crucially, it assesses the institutional challenges of transplanting these international frameworks into India's resource-constrained child protection infrastructure. The analysis concludes by proposing specific statutory amendments to harmonize the NDPS and JJ Acts, advocating for a paradigm shift from punitive criminalisation to a holistic, child-centric policy anchored in socio-economic rehabilitation, preventive education, and restorative justice.147 views
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Comparative Legal Perspective and Criminological Report of Infamous Serial Killers from India
LL.M. Student at Amity University, Noida, Uttar Pradesh, IndiaPages 680 - 687Serial homicide to me resembles a two-edged sword in the world of criminology. The media love to be talking about it and we can find headlines and films that make it super scary. However, inside the universities and among the police departments it is still an under-researched topic, at least outside the West. In the US and the UK, there are no end of studies, books on profiling and special teams of detectives that study serial killers whereas in India, the whole area is rather patchy. We have little information, and it is usually only brought up when a serial murderer is apprehended. This is strange, keeping in mind the fact that India has a long history of repetitive murders that go back to the pre-colonial period. Serial killing does not just originate in the west. Ritual strangulations were a form of organised homicide performed by the Thuggee cult in central and northern India which existed for several centuries as ritual homicides, with a single individual, such as Behram, being said to have murdered over 900 by hand. Following independence, there were criminals like Raman Raghav that plagued the working-class neighbourhoods in Mumbai in the 1960s and many more. Despite that continuity, serial homicide in India is considered to be series of random spikes and not as a patterned crime phenomenon which is to be studied in a systematic manner. Indian criminal law does not recognise “serial homicide” as a separate substantive offence and instead, serial killers were prosecuted under the generic homicide provisions of the IPC, 1860. This doctrinal choice has important implications for the way in which courts conceptualise culpability, the way in which data is recorded and the way in which statutory implementation gaps come to light in cases of multiple murders.201 views -
Evidentiary Value of Expert Opinion under the Bharatiya Sakshya Adhiniyam, 2023: A Study with special reference to Relevancy of DNA Reports
Assistant Professor of Law (Stage III) under Higher Education Department, Government of West Bengal Posted at Government Centre of Legal Education, Hooghly Mohsin College Campus, Chinsurah, Hooghly, West Bengal, IndiaPages 688 - 703The admissibility of an expert evidence is based on the Latin maxim: cullibet in sua arte est credendum i.e., a person who has acquired special knowledge in his or her field of vocation must be trusted and relied upon by the court on a particular point of fact. His evidence is really of an advisory character. As a general rule an opinion of a third person is not admissible in a court of law. However, when a court has to form an opinion in a particular matter in order to arrive at a particular conclusion the court may take help of opinion of an expert in that particular field as enumerated in Section 39 of the Bharatiya Sakshya Adhiniyam, 2023. Section 39 states certain fields where opinions of experts are relevant namely, (1) foreign law, (2) science, (3) art, (4) “or any other field” (5) identity of handwriting or (6) finger impressions.253 views -
From Constitutional Promise to Legal Reality: Addressing Racial Discrimination in India
LL.M. Student at Amity University, Noida, Uttar Pradesh, IndiaPages 704 - 718One significant weakness in India's criminal justice system is the lack of a particular anti-racism penal statute. Although the Indian Constitution guarantees equality and forbids discrimination on the basis of race, especially under Articles 14 and 15, there isn't a complete legal framework that makes hate crimes and racial discrimination illegal. The complexity and lived realities of racial discrimination, particularly against marginalised communities like people from Northeast India and African nationals, are not sufficiently captured by current legal provisions, such as Section 153A of the Indian Penal Code, which addresses hate speech and communal discord. This essay analyses judicial responses in the absence of explicit legislation, critically examines the structural gaps in Indian criminal law regarding racism, and assesses the function of constitutional interpretation One significant weakness in India's criminal justice system is the lack of a particular anti-racism penal statute. Although the Indian Constitution guarantees equality and forbids discrimination on the basis of race, especially under Articles 14 and 15, there isn't a complete legal framework that makes hate crimes and racial discrimination illegal. The complexity and lived realities of racial discrimination, particularly against marginalised communities like people from Northeast India and African nationals, are not sufficiently captured by current legal provisions, such as Section 153A of the Indian Penal Code, which addresses hate speech and communal discord. This essay analyses judicial responses in the absence of explicit legislation, critically examines the structural gaps in Indian criminal law regarding racism, and assesses the function of constitutional interpretation.260 views -
Pages 719 - 733The fast evolution of digital gaming platforms, covering mobile apps to fully immersive cloud, based environments, has led to increased worries about data privacy and user protection. In order to provide better experiences, these platforms repeatedly gather a wide range of personal data, which includes the users' behavioural patterns, geolocation data, biometrics, and financial details, and this is usually done without giving enough information about these activities. This paper compares the different laws relating to data privacy in India, the USA, the UK, and Australia and focuses on how these legal areas deal with the risks that arise from the modern gaming ecosystems. India’s Digital Personal Data Protection Act, 2023 is indicative of a developing privacy regime, whereas the USA is following a fragmented, sector, specific approach. The latter is mainly based on COPPA, CCPA, and FTC oversight. On the other hand, the UK is using a full GDPR, based model, and Australia is regulating through the Privacy Act 1988 and the Australian Privacy Principles with the addition of online, safety obligations. This research finds that different jurisdictions share and differ in aspects such as consent requirements, age, verification requirements, data, minimization standards, enforcement mechanisms, and protection from manipulative practices like loot boxes, targeted advertising, and dark patterns. Their analysis shows that the differences in child, protection safeguards, breach, notification mandates, and cross, border data transfer rules are so great that they lead to an uneven level of user protection between various regions. The article ends with suggestions for harmonizing policy approaches, increasing algorithmic transparency, providing more robust safeguards for minors, and elevating international cooperation to create a safer and privacy, respectful global gaming environment.122 views
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The rapid expansion of digital technologies has generated a new category of property known as digital assets, including social media accounts, cryptocurrencies, digital wallets, and various forms of online data with economic or sentimental value. The inheritance of such assets has become an increasingly significant legal issue in many jurisdictions. However, in Vietnam, the legal framework governing digital inheritance remains underdeveloped, particularly regarding the identification of digital assets and the mechanisms through which heirs may obtain control over them. This article examines the theoretical foundations of digital assets and the concept of the right to control digital estates at the time of opening succession. Through an analysis of classical property theories and contemporary legal approaches to digital assets, the article clarifies the legal nature of digital estates within inheritance law. The study also explores comparative legal experiences from several jurisdictions, including the United States, Germany, and France, which have developed various regulatory models addressing access to digital assets after death. Based on these comparative insights, the article evaluates the current Vietnamese legal framework and identifies significant legal gaps in the regulation of digital inheritance. Finally, the article proposes several recommendations aimed at improving Vietnamese law in order to ensure effective inheritance of digital assets while simultaneously safeguarding personal data and privacy rights in the digital environment. By addressing these challenges, the study contributes to the development of a more comprehensive legal framework for digital inheritance in Vietnam in the context of the rapidly evolving digital economy.188 views
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The Paradox of Plea Bargaining in India: Why a Potential Solution Remains Under-Utilized?
Advocate at High Court of Delhi, IndiaPages 749 - 758The Indian judiciary is currently struggling with a huge number of pending litigations at all levels of the courts. Despite reforms like Lok Adalats and the digitization of the courts being introduced by the legislature, these reforms have failed to address the issue of why it takes 3 to 10 years to complete a single trial by the judicial system in India. The research paper aims to explore the mystery behind a mechanism that came into force in 2006; however, it was not significantly utilized by the courts for the disposal of cases. This study poses the transformative potential in the judiciary with the advent of Bhartiya Nagarik Suraksha Sanhita (BNSS) that seeks to shift the concept of plea bargaining from neglect idea in the Criminal Procedure Code, 1973, to an affirmative action in the BNSS of 2023. The BNSS 2023 reforms legitimate certainty in the criminal procedure, motivation for first-time offenders to opt for plea-bargaining, speedy justice, quick restoration and reintegration of the accused in society, thereby reducing the burden of courts and jail authorities. The study aims to study the process of Mutual Settlement Agreements (MSD) that is beyond just a proceeding towards monetary settlement and aims to achieve restorative justice by involving the victim, the accused, the investigating officer of the police and the court aiding the process of negotiated settlement. The paper aims to study the conflict between private settlements and the ambiguity of Compoundable offences on one hand and the plea-bargaining process on the other hand. The study proposes the Sahmati Samadhan Nyaya Mission as a dedicated legal mission to ensure that the plea bargaining becomes a basis of a sustainable, efficient, and equitable criminal justice system.234 views -
Financial Inclusion in Tribal Bastar: Socio-Economic, Digital, and Cultural Constraints
Assistant Professor at SoS in Business Management, Shaheed Mahendra Karma Vishwavidyalaya, Bastar, C.G., IndiaPages 759 - 768Purpose: This study investigates the multi-dimensional barriers to financial literacy and inclusion in the tribal districts of Bastar, Chhattisgarh. Despite the national impetus of the Pradhan Mantri Jan Dhan Yojana (PMJDY) and Direct Benefit Transfers (DBT), the Bastar division remains a pocket of deep-seated financial exclusion. This research evaluates how socio-economic marginalisation, infrastructural deficits, and cultural misalignment impede formal financial integration. Methodology: Adopting a secondary research design, the study synthesizes high-granularity data from RBI and NABARD reports, National Sample Surveys (NSSO), and peer-reviewed literature. By triangulating institutional data with regional socio-economic indicators, the paper identifies the structural bottlenecks specific to the seven districts of the Bastar division. Findings: The analysis reveals that while "nominal inclusion" (account ownership) has surged, "meaningful inclusion" (active usage) is stifled by a trifecta of constraints: severe digital-linguistic divides, gendered disparities in financial agency, and a systemic mistrust of formal banking institutions. The findings support the hypothesis that socioeconomic marginalisation and poor last-mile infrastructure are significantly correlated with low financial self-efficacy. Practical Implications: The study argues that top-down, "one-size-fits-all" interventions are insufficient for indigenous contexts. It advocates a shift toward culturally responsive financial pedagogy that leverages local dialects and community-based intermediaries to bridge the trust deficit. Strengthening digital-banking synergy in Left-Wing Extremism (LWE) affected corridors is identified as a critical prerequisite for sustainable inclusion.108 views -
Pages 769 - 784The Copyright law of India is “set to strike a fine balance between the proprietary and the right of the authors and greater good of the population to know and culture. This equilibrium is reflected in the bi-polar system of economic and moral rights of the Copyright Act, 1957. Even though economic right allows the authors to have exclusive right to reproduce, distribute, communication to the people and adaptation of their work, the moral rights safeguard the personality and reputation of the author by observing the right of paternity and integrity. The paper under discussion has conducted a reasonable assessment of the two dimensions within the Indian legal system. It examines the lawmaking move, judicial precedent, such as the Amarnath Sehgal v. v. Union of India, Indian Performing Right Society v. Eastern Indian Motion Pictures Association, criticizes the attitude of Indian courts in interpretation of authors rights as regards to technological progress and commercial exploitation. It also studies the relationship between the copyright protection and the constitutional values, and the freedom of speech in particular and the right to livelihood. In so doing, it purports that economic rights promote creativity, but moral rights humanize copyright by enrooting decency within the intellectual property law. The study concludes that the most important thing is to have the capacity to remain in a fragile, context-dependent balance to ensure authorial safety and social changes in the so-called shifting” digital era.228 views
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Constitutional Validity and Contemporary Relevance of the Death Penalty under India’s New Criminal Law Framework
Assistant Professor of Law at Devanga Sangha College of Law, Bengaluru, Karnataka, IndiaPages 785 - 797The death sentence remains an important matter in the Indian criminal justice system, raising serious concerns about its alignment with constitutional ideals and changing society norms. Capital punishment, which is recognized as the most severe type of punishment, is reserved for extremely serious offenses such as acts of terrorism, violent murders, and crimes threatening state sovereignty. The Supreme Court confirmed its constitutional legitimacy in Bachan Singh v. State of Punjab, which established the "rarest of rare" doctrine to limit its arbitrary application and assure respect to Article 21 of the Constitution. India's criminal law system has changed significantly since the Bharatiya Nyaya Sanhita was introduced, although the death sentence is still included in several of its provisions. In addition to maintaining the death penalty for conventional crimes, the new law broadens its application in some situations, such as certain serious crimes. This illustrates the legislature's ongoing use of the death penalty as a means of upholding social order and dealing with egregious criminal behavior. The constitutional grounds of the death penalty and its actual implementation under the amended judicial system are both critically examined in this article. In addition to taking into account issues with human rights, judicial discretion, and the potential for injustices, it assesses the philosophical arguments for retaliation and deterrence. The research aims to ascertain if the death penalty is still an essential tool of justice or an antiquated punitive mechanism in a contemporary constitutional democracy by examining legal advancements and current discussions.296 views -
Pages 798 - 821This research paper examines the growing role of social media in modern criminal investigations and its transformative impact on policing and evidence collection. With the rapid expansion of digital communication platforms, criminal behaviour has increasingly migrated to online environments, creating new opportunities and challenges for law enforcement agencies. The study explores how social media functions as a critical source of Open-Source Intelligence (OSINT), enabling investigators to gather real-time information, identify suspects, track movements, map criminal networks, and analyse behavioural patterns through digital footprints. The paper highlights the evidentiary value of social media content, including posts, images, videos, geolocation data, and communication records, which assist in establishing timelines, motives, and links between suspects. It also discusses the use of social media in predictive policing, monitoring public sentiment, crowdsourcing information, and improving communication between law enforcement and the public. These developments have shifted policing from a reactive to a proactive model, enhancing efficiency and community participation in crime prevention. However, the research also critically evaluates the legal and ethical challenges associated with the investigative use of social media. Issues relating to privacy, data protection, admissibility of digital evidence, surveillance concerns, and the risk of misuse or misinterpretation of online data are examined within the framework of constitutional safeguards and procedural law. The paper emphasises the need for clear legal frameworks, judicial oversight, and ethical guidelines to ensure that social media is used responsibly and proportionately. The study concludes that while social media has become an indispensable investigative tool in the digital age, its effective use requires a careful balance between technological advancement and the protection of fundamental rights. Establishing robust regulatory mechanisms and professional standards is essential to maximise the benefits of social media in criminal investigations while safeguarding civil liberties.317 views
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Algorithmic Predation and Digital Gatekeeping: A Critical Study of Abuse of Dominance by Big Tech under Section 4 of the Competition Act, 2002
LL.M. Student at Amity University, Noida, Uttar Pradesh, IndiaPages 822 - 850The digital marketplaces have changed the rules of anti-competitive behaviour. Big Tech firms have shifted from traditional predatory pricing to advanced AI-assisted exclusion strategies. Section 4 of the Competition Act, 2002 originally focused on below-cost pricing, chances of recouping losses, and blocking competitors, as seen in the lengthy Google Android case by the CCI. Nowadays, digital platforms use complex strategies like price discrimination, self-preferential treatment, data mixing, search manipulation, and bundling to outpace competitors. They gain niche market shares while locking in loyal customers without facing significant financial fallout or being easily detected. The current Indian anti-competitive system takes a long time for investigations and tests, which do not match the fast pace of digital markets or the lack of transparency in algorithms. Google's ₹1,337 crore fine came years too late for the competitors that were excluded. The DCB offers a solution by introducing proactive tools to identify Systemically Significant Digital Enterprises (SSDE) and Systemically Important Digital Intermediaries (SIDIs). It can impose pre-emptive bans on tying, data misuse, and self-preferential strategies without needing to analyse each case individually. However, the downside is that such measures may result in wrong decisions, hinder innovation, and create excessive compliance requirements. This could undermine the Act's important principle of "rule of reason." This paper argues for a balanced approach. It suggests combining post-investigation inquiries with specific proactive measures to prevent hidden predation while supporting India’s digital revolution.158 views -
Assessing a Potential Constitutional Tort (State Negligence) Lawsuit with an Imaginary Title: “An Interested Legal Aid NGO (on behalf of the Victim, Abdul Kalam’s family and others) v State of Bangladesh”: State’s Liability to Pay Public Law Compensation
Lecturer at Department of Law, Manarat International University, Dhaka, BangladeshPages 851 - 864In recent days, incidents of constitutional torts, particularly state negligence, have been bizarrely noticed in Bangladesh, thoughtlessly. With regard to this, to illustrate, the recent unnatural death casualty of a pedestrian, namely Abdul Kalam, and the occurrence of the injury of two others, due to the falling of a ‘bearing pad’ from a pillar of the metro rail, operated by the government-owned company, Dhaka Mass Transit Company Limited (DMTCL) which had taken place in Dhaka’s Farmgate on 26 October 2025. Therefore, this article aims to critically examine whether the family of the victim(s) or a concerned Legal Aid Non-Governmental Organization (NGO) in Bangladesh has a ‘locus standi’ to institute a Writ Petition before the High Court Division (HCD) of the Supreme Court (SC) in Bangladesh. In addition, this article also focuses on the right to get public law compensation from the government in light of the principle of ‘vicarious liability.’ Furthermore, this paper highlights the case decisions related to public law compensation in support of the legal right of the ‘aggrieved person’, to claim compensation in a potential civil suit. Moreover, this paper criticizes the absence of a statutory tort law framework and the lack of a time limitation provision in the legal system of Bangladesh, which plays a negative role in worsening the sufferings of a victim’s family. Finally, this paper argues that the denial of monetary compensation within a reasonable time frame is tantamount to a violation of human rights under Article 102(1) of the Constitution of Bangladesh.504 views -
Redefining Judicial Selection: A Comparative Study of Appointment Mechanisms and the Independence-Accountability Paradigm in India, South Africa, Canada, and Ireland
LL.M. student at Christ University, Pune, Maharashtra, IndiaPages 865 - 877The adjudication of higher courts is the structural fundamental block of the law system of a country, and a fine balance between the principle of judicial independence, which must not be negotiated, and the democratic principle of accountability of the people must be established. In India, this has radically changed its form of an executive-driven consultative system into a regime of absolute judicial primacy that is called the collegium. Although this development was a natural defense against the political excesses of the past, it has led to an absolutist approach to primacy that is not as transparent and involves as many stakeholders as in the global democracies of today. The comparative doctrinal study in this research paper is judicial selection in India, South Africa, Canada and Ireland. The paper notes that India is still an international outlier; although nations such as South Africa where Judicial Service Commission (JSC) can involve the public in interviews, and Ireland has in effect just passed a merit-based Commission, in India the collegium is still a shroud of secrecy. Comprising these comparative institutional designs, the paper has created a normative blueprint of Indian reform, which suggests the creation of a National Judicial Appointments and Oversight Commission (NJAOC) to integrate statutory merit standards, fixed deadlines, and multiparty selection commissions.153 views -
The Law and Limits of Exclusive Economic Zone under UNCLOS : Equity, Fisheries Disciplines and Maritime Disputes
LL.M. student at Symbiosis Law School, Pune, Maharashtra, IndiaPages 878 - 885The regime of Exclusive Economic Zone (EEZ) under the United Nations Convention on the Law of the Sea can be discussed as the well-balanced compromise between the rights of the coastal States to the resources and the maintenance of the open maritime order. This paper is a critical analysis of the legal framework and practical boundaries of EEZ system with respect to three related aspects of structure namely equity in maritime delimitation, fisheries governance, and compliance in disputed maritime spaces. Basing on the judicial developments that occurred in cases like North Sea Continental Shelf Case, Bangladesh v. Myanmar, and South China Sea Arbitration, the article illustrates the way in which equity has been transformed into an organized methodology of making EEZ boundaries as opposed to a discretionary principle. The analysis also places the EEZ regime as a part of emerging multi-layered framework of governance by evaluating the ramifications of the WTO Agreement on Fisheries Subsidies which implement trade-based disciplines to curb any illegal, unreported and unregulated (IUU) fishing or overcapacity. The article presents a case study of the South China Sea and explains that the main weakness of the EEZ system is not the ambiguity of doctrines but selective adherence to the rules and geopolitical asymmetries. The constant disconnects between the norms of law, and the State practice compromises the equitable allocation of resources as well as the protection of the environment. The article concludes that more realistic convergence to the enhancement of compliance lies in incremental institutional change, especially a binding regional code of conduct with an informed view of the existing jurisprudence than in formal legal reform.152 views -
Traditional Knowledge Digital Library and Biopiracy: Why it Matters and the Road Ahead
Student at I.L.S. Law College, Pune, Maharashtra, IndiaPages 886 - 900This paper presents a holistic legal analysis of Traditional Knowledge Digital Library (TKDL). It explores the situation prior to the advent of TKDL, the need for such framework, its impact, etc. It analyses how TKDL impacts the existing Indian and International legal framework in safeguarding biopiracy at global level and vice versa. It then proceeds to provide recommendations considering the global situations and paradigms.79 views -
Climate Change and Migration: Evaluating Legal Status, Protection Gaps and EU’s Response to the Climate-induced Displacement
LL.M. student at Symbiosis Law School, Pune, Maharashtra, IndiaPages 901 - 914This research analyses the relation between “climate change and human mobility” is considered, more specifically the legal status of people who have been displaced due to environmental hazards and the protection voids of the “European Union (EU) law”. The paper applies a doctrinal analysis, supplemented by a comparative methodology, and asserts that climate change is a “threat multiplier” amplifying forced displacement, but the current international refugee regime based on the “1951 Refugee Convention ” does not provide a conclusive status to so called “climatically displaced persons (CDPs)”. The paper examines the internal and external responses of the EU, such as the “Qualification Directive, the Temporary Protection Directive and the European Green Deal ”, and it discloses that the EU depends on the national practices that are dissimilar instead of having a unified “EU-wide protection regime”. Overall, the major key findings reveals that despite the inclusion of a human rights law, specifically “Article 3 of ECHR” and the “principle of non-refoulement”, which presupposes a complementary way, the lack of substantive enforcement persists, which makes it evident that the proactive integration of the legislation, as well as the recognition of migration as the process of adaptation, are necessary.106 views -
Pages 915 - 934The concept of smart healthcare governance is transforming the process of collecting, sharing, and storing patient information in real-time. Using the Internet of Things (IoT) and tracking vital signs every second and combining it with blockchain technology that ensures the formation of secure and unchangeable records, doctors can now provide quicker and more personal services. This potent combination gives the tangible optimism in the improved management of chronic diseases and faster emergency assistance. Meanwhile, it raises some critical legal issues regarding patient privacy, meaningful consent, international data sharing, and accountability in the event of error. This article examines these legal issues and opportunities of governance at an international legal perspective. It contrasts the best examples of the well-known blockchain e-health system in Estonia, Singapore and the Smart Nation programme, the United States under its HIPAA regulations and India with Ayushman Bharat Digital Mission and the Digital Personal Data Protection Act 2023 and the newly notified DPDP Rules 2025. Although most research is done on the technical facet of joining the IoT and blockchain, limited research has thoroughly analyzed the legal and policy constraints that delay real-life application. This gap is filled in this paper with proper doctrinal and comparative legal research. It researches the most recent laws, regulations, and practice cases until March 2026. Based on the analysis, blockchain can significantly enhance consent management, clean audit trails, and flow of data across systems. Nonetheless, it continues to struggle with such issues as the size of the system, ambiguous regulations, and liability matters. The paper concludes with specific and sound recommendations towards a balanced global governance system. Such a moderate solution will keep patients safe and promote safe innovation in intelligent healthcare across the globe.79 views
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Indigenous Rights and the Traditional Knowledge in Marine Conservation
Student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai, TamilNadu, IndiaPages 935 - 957Marine ecosystems are under severe threat from overfishing, pollution, habitat loss and climate change, while many state‑centred, science‑driven conservation models have marginalized Indigenous peoples despite their long‑standing stewardship of seas and coasts. The literature shows that Indigenous rights in marine areas are unevenly recognized, with a persistent gap between terrestrial and marine rights and frequent environmental injustices around marine protected areas (MPAs), including exclusion from decision‑making and loss of access. At the same time, Indigenous traditional ecological knowledge (TEK) underpins effective practices such as fishing taboos, sasi in Indonesia, kapu in Hawai‘i and culturally embedded subsistence calendars, which function as sophisticated conservation and management systems. These customary institutions support biodiversity, sustain livelihoods and embody a “community of beings” ethic that contrasts with Western notions of domination over nature. This study, using a doctrinal method and secondary sources, argues that integrating Indigenous rights and TEK into marine governance is essential for ecologically sustainable and socially just conservation. It highlights the need to move beyond viewing TEK as supplementary data, towards recognizing Indigenous peoples as rights‑holders and co‑governors of marine territories.116 views -
Beyond Morality to Modern Slavery: A Critical Appraisal of India’s Anti-Trafficking Framework under the Immoral Traffic (Prevention) Act, 1956 in Light of the Palermo Protocol
LL.M. Student at Amity University, Noida, Uttar Pradesh, IndiaPages 958 - 966Human trafficking is a problem worldwide it is the third biggest type of organized crime. A lot of people are trafficked it is hard to know the number but it is millions. No country is safe from this problem, including India. India is a place where people are taken from moved through and brought to so it is really affected by human trafficking. Every year many people in India fall victim to trafficking both inside the country and across the borders. Even though people being trafficked across borders is a concern, most of the time it happens within India itself.The government has made some laws to try to stop this. The Constitution in Article 23 says that human trafficking is not allowed and the government has to do something about it and help the victims.. Even with these laws human trafficking still happens. The laws in India have not changed enough to deal with the problems of slavery. The government asked people what they thought about the proposed Trafficking in Persons Bill, 2021. It has not been made into a law yet. This article looks at the laws about trafficking, especially the Immoral Traffic Act, 1956 and the Criminal Law Amendment Act, 2013 and says that the laws need to be improved to deal with human trafficking, in India. Human trafficking is an issue and the laws need to be better to stop human trafficking. The government needs to do more to help the victims of trafficking and stop human trafficking from happening in India.158 views -
From Human Negligence to Machine Logic: Rethinking Causation and Liability in AVs under Indian Law
Student at Christ (Deemed to be University) University, Pune, Lavasa, IndiaPages 967 - 977The shift to human driverless decision-making with autonomous vehicles (AVs) is posing difficulties to traditional law in India concerning liability. Traditional negligence relies on human fault and a clear nexus between cause and effect. With the use of complex systems involving software, data, and machine learning, the cause of the harm will not solely be human intervention, but rather the effect of a multiplicity of variables working together. This paper's central assertion is that the cause issue in AV cases is less about problems in the available evidence and more about the inappropriateness of the concept itself within the legal framework. Existing rules in this regard do not prove sufficient as they tend to imply clearly demarcated causes, a phenomenon that is rare in an autonomous system. This issue is exacerbated by laws like the Motor Vehicles Act, 1988, the Consumer Protection Act, 2019, and the Bharatiya Sakshya Adhiniyam, 2023, that emphasize fault based liability and are structured around placing the burden of proof on the victim. The paper also has a comparative analysis of various approaches followed by nations such as the United Kingdom, the United States of America, and Germany, which have been shifting the burden from the driver to the manufacturer and the system. Therefore, based on these comparisons, the paper concludes that India must move toward new methods such as enterprise liability, compensation based on insurance, and presumptive liability. The paper concludes that as human intervention takes a step back and is replaced by technology, the law of liability also has to reformulate itself toward a system based framework.101 views -
Pages 978 - 1008This research explores the complex legal intersection between Section 230 of the Companies Act, 2013, which governs schemes of arrangement and compromise, and Regulation 2B of the IBBI (Liquidation Process) Regulations, 2016, which facilitates such schemes during the liquidation phase of a Corporate Debtor. While the Insolvency and Bankruptcy Code (IBC), 2016 prioritizes the "revival" of a corporate entity, the practical invocation of Section 230 during liquidation often creates a procedural and jurisdictional tug-of-war between the National Company Law Tribunal (NCLT) acting as the Adjudicating Authority under the IBC and its role under the Companies Act. The study investigates the evolution of this interface, beginning with the landmark Swiss Ribbons and Meghal Pipes judgments, which reinforced the sanctity of the "going concern" principle even at the liquidation stage. It further analyzes the legal friction regarding timelines, specifically how the 90-day window provided under Regulation 2B aligns with the overarching objective of time-bound resolution. Key areas of inquiry include: The judicial shift from viewing liquidation as a "corporate death" to a final opportunity for restructuring., The eligibility criteria under Section 29A of the IBC and whether they should strictly apply to proponents of a scheme under Section 230., and The primacy of the IBC’s "overriding effect" (Section 238) versus the procedural requirements of the Companies Act. Through a doctrinal analysis of recent NCLT and NCLAT precedents, this paper concludes that while Regulation 2B serves as a vital bridge for corporate survival, a lack of legislative harmony leads to "liquidation arbitrage." The study suggests a need for a unified regulatory framework to prevent the dilution of the IBC’s core objectives while ensuring that the window for compromise remains a bona fide tool for value maximization rather than a dilatory tactic.139 views
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Pages 1009 - 1036This research paper examines the growing legal tension in India between copyright enforcement on Over-The-Top (OTT) platforms and the fundamental right to privacy. As India's OTT market has expanded rapidly since 2016, platforms have increasingly relied on invasive technologies like Digital Rights Management (DRM), forensic watermarking, and Deep Packet Inspection (DPI) to combat digital piracy. While these tools are legally supported by the Copyright Act of 1957 to protect massive financial investments, they necessitate the collection of extensive personal data—such as IP addresses, device IDs, and viewing habits—thereby clashing with the Digital Personal Data Protection (DPDP) Act of 2023 and the constitutional right to privacy established in the Puttaswamy judgment. Indian courts, particularly through the landmark UTV Software case, have introduced "dynamic injunctions" and "Ashok Kumar" orders to block pirate mirror sites efficiently. However, these measures often lead to over-blocking and prioritize economic interests over user anonymity. The DPDP Act contains a significant "legitimate use" loophole that OTT platforms may exploit to bypass user consent under the guise of IP enforcement. Furthermore, there is a lack of transparency and independent oversight regarding how private companies update internet block lists. To enforce court orders, Internet Service Providers (ISPs) act as "digital private investigators," scanning the traffic of millions of innocent users to catch a small percentage of pirates. The paper concludes that India currently favors copyright holders at the expense of ordinary internet users. It recommends legislative reforms to amend the DPDP Act to strictly define the limits of data collection for anti-piracy purposes, establish an independent technical oversight board to verify dynamic injunction requests and prevent corporate censorship, and encourage "Privacy-by-Design" tools that allow platforms to protect content through anonymized tracking rather than mass surveillance. Ultimately, the research advocates for a balanced framework where the protection of intellectual property does not necessitate the sacrifice of the fundamental right to be let alone.340 views
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Interplay between Moratorium under IBC, 2016 and PMLA, 2002
LL.M. Student at NALSAR-IICA, IndiaPages 1037 - 1046This paper examines the complex legal interplay between the moratorium under the Insolvency and Bankruptcy Code, 2016 (IBC) and the attachment powers under the Prevention of Money Laundering Act, 2002 (PMLA), focusing on the tension between insolvency resolution and criminal asset recovery. The IBC seeks to ensure value maximization of the corporate debtor through a time-bound Corporate Insolvency Resolution Process (CIRP), with Section 14 imposing a moratorium that halts all legal proceedings and enforcement actions. In contrast, the PMLA empowers authorities to attach and confiscate properties derived from proceeds of crime, reflecting a punitive and preventive objective. The paper analyses how these conflicting objectives create legal uncertainty, particularly when assets of a corporate debtor are subjected to attachment under PMLA either before or during CIRP. It explores key statutory provisions, including Sections 14, 32A, and 238 of the IBC, alongside Section 5 and Section 71 of the PMLA, to assess their operational overlap. Judicial interpretations reveal a nuanced approach: attachments made prior to the initiation of CIRP are generally upheld, while those made during CIRP are often scrutinized for violating the moratorium and disrupting resolution efforts. Further, the paper evaluates the role of non-obstante clauses and the doctrine of purposive interpretation in resolving statutory conflicts. Case law demonstrates that courts prioritize the timing, nature, and purpose of proceedings, distinguishing between civil recovery and criminal enforcement. Section 32A emerges as a critical provision, granting immunity to the corporate debtor post-resolution and facilitating a “clean slate” for successful revival. The study concludes that while courts have attempted to harmonize the objectives of both statutes, inconsistencies persist. It advocates for clearer legislative guidance and institutional coordination to balance economic rehabilitation with the enforcement of anti-money laundering laws, thereby ensuring legal certainty and procedural efficiency.150 views -
India’s Evolving Cryptocurrency Regulation: From Taxation to Legal Recognition
Pursued B.A.LL.B. from University of Lucknow, Uttar Pradesh, IndiaPages 1047 - 1053Cryptocurrency has emerged as a transformative financial innovation, challenging traditional regulatory and monetary systems across the world. In India, the legal position of cryptocurrencies has evolved gradually, moving from regulatory uncertainty to partial recognition through taxation and judicial interpretation. This article explores the trajectory of cryptocurrency regulation in India, beginning with the cautious approach adopted by regulatory authorities due to concerns relating to financial stability, consumer protection, and misuse of digital assets. It further examines the significance of judicial intervention that led to the revival of cryptocurrency trading and compelled policymakers to reconsider restrictive measures. The study also analyzes the legislative developments introduced through the Finance Act, 2022, particularly the classification of cryptocurrencies as Virtual Digital Assets and the taxation framework governing their transfer. Additionally, the article discusses the possible applicability of Goods and Services Tax and the growing judicial tendency to recognize cryptocurrencies as a form of property. Despite these developments, the regulatory framework remains fragmented and largely tax-centric, leaving several legal and policy issues unresolved. The article concludes that India is gradually transitioning from regulatory resistance to cautious acceptance, and emphasizes the urgent need for a comprehensive legal framework that promotes innovation while safeguarding financial stability and investor interests.131 views -
Pages 1054 - 1075The escalating global and domestic conflicts of the twenty-first century ranging Covid-19 pandemic, Russia-Ukraine war to the Red Sea maritime crisis and now the disruption due to Iran – Israel – USA war, have fundamentally disrupted compliance of domestic and international commercial contracts, thrusting into sharp focus a legal doctrine that was long treated as boilerplate, the force majeure clause. This research article undertakes a comprehensive doctrinal and comparative analysis of force majeure provisions as they relate to acts of war and acts of nature (acts of God) under the Indian Contract Act, 1872, benchmarked against major international mercantile law instruments including the United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts (PICC), and the International Chamber of Commerce (ICC) Model Force majeure Clause (2020). The article critically investigates which contractual terms become unenforceable during wartime conditions, the legal threshold for triggering force majeure, the provisions under the Indian Contract Act that address impossibility and frustration, the circumstances under which compensation must be paid, and the doctrinal distinction between the force majeure clause, the doctrine of frustration, and supervening impossibility. Drawing upon landmark Indian Supreme Court judgments Satyabrata Ghose v. Mugneeram Bangur & Co. (AIR 1954 SC 44) and Energy Watchdog v. CERC (2017) and leading international precedents, this article develops a cross-referential framework to assist contracting parties, legal practitioners, and policymakers in drafting war-resilient contracts.184 views
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Pages 1076 - 1090The rapid growth of digital media and online journalism has significantly transformed the creation, dissemination, and consumption of news content. While digital platforms have enhanced public access to information, they have simultaneously posed serious challenges to the protection of copyright in journalistic works. This study critically examines the issue of digital reproduction of news and the adequacy of existing copyright laws in addressing unauthorized copying, distribution, and reuse of journalistic content in the online environment. Using a doctrinal and comparative research methodology, the paper analyses legal frameworks under the Indian Copyright Act, 1957, international conventions such as the Berne Convention and WIPO Copyright Treaty, and comparative approaches in the United States, United Kingdom, and European Union. The study highlights emerging challenges such as content scraping, plagiarism, artificial intelligence-assisted reproduction, and the growing role of news aggregators and social media platforms. It finds that traditional copyright laws are ill-suited to handle the speed, scale, and cross-border nature of digital infringement. The paper concludes by proposing legal and policy reforms aimed at strengthening copyright enforcement while ensuring a balance with freedom of expression and the public’s right to access information. The research contributes to the evolving discourse on intellectual property protection in the digital journalism ecosystem.112 views
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Jurisdictional Overlaps between the IT Act, 2000 and the DPDP Act, 2023 against International Standards
Student at Jamia Millia Islamia, Delhi, IndiaPages 1091 - 1116The introduction of the Digital Personal Data Protection Act, 2023 (DPDP Act) is a major change in India's data protection framework but, at the same time, it poses complicated questions about the jurisdiction in relation to the already existing Information Technology Act, 2000 (IT Act). This study determines the statutory intersections between the two regimes by examining overlapping provisions, adjudicatory mechanisms, and enforcement competencies. It explores how these overlaps can cause regulatory uncertainty, compliance burden, and inconsistent accountability in data governance. The study, using a comparative lens, considers India's dual-framework issues in light of international standards such as the General Data Protection Regulation (GDPR) of the European Union and the California Consumer Privacy Act (CCPA) of the United States. Using doctrinal and comparative legal methodologies, the paper outlines normative and institutional gaps in India's data protection framework and suggests the harmonization of strategies to improve legal coherence, regulatory coordination, and international compliance alignment.196 views -
Pages 1117 - 1138This paper examines how leading developed jurisdictions protect artificial intelligence related inventions within existing patent law frameworks. It traces the rapid growth and concentration of AI patenting activity and situates it against the TRIPS Agreement obligation to provide patents in all fields of technology, while noting TRIPS silence on the meaning of invention and inventor. The study maps emerging categories of AI related inventions, with particular attention to AI generated inventions, and analyses how core patentability criteria of novelty, inventive step and industrial applicability are applied to data driven and algorithmic technologies. It then conducts a comparative analysis of the United States, the European Patent Office and the United Kingdom on three doctrinal pressure points: inventorship and the requirement of a human inventor, subject matter eligibility for AI algorithms and computer implemented inventions, and sufficiency of disclosure in the context of opaque, black box models and training data. The findings highlight convergence on a human centred conception of inventorship, but divergence on eligibility standards and disclosure expectations, producing legal uncertainty for cross border innovators. The paper concludes by suggesting that clearer guidance on AI specific disclosure and technical contribution is essential to preserve the patent bargain and support balanced AI innovation.127 views
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Pages 1139 - 1160Independent directors occupy a pivotal position in the contemporary framework of corporate governance in India. This paper critically examines the role, relevance, and effectiveness of independent directors under the Companies Act, 2013, read alongside the Securities and Exchange Board of India regulatory regime. The study situates the Indian framework within global corporate governance discourse, particularly the shift towards board independence as a mechanism to mitigate agency conflicts and enhance investor confidence. It analyses the statutory definition, eligibility criteria, tenure, duties, and liability of independent directors, with particular emphasis on Section 149 and Schedule IV of the Companies Act, 2013, as well as the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015. The paper argues that while Indian law has formally codified a robust and detailed governance architecture, substantive independence in practice remains constrained by promoter dominance, concentrated ownership structures, information asymmetry, and uneven enforcement. Judicial trends and regulatory actions reveal an ongoing tension between heightened expectations from independent directors and their exposure to legal and reputational risk. Through doctrinal analysis and policy evaluation, the study identifies gaps between form and function in board independence and assesses whether the existing framework adequately protects minority shareholders. The paper concludes with focused findings and reform-oriented suggestions aimed at strengthening appointment processes, committee effectiveness, and functional autonomy, thereby aligning the institution of independent directors more closely with its intended governance objectives.139 views
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Cybersecurity, Critical Infrastructure Protection & Cyber Warfare
Student at KIIT School of Law, Bhubaneswar, Odisha, IndiaPages 1161 - 1173This paper studies how increasingly complex cyber threats are being directed at our nation's critical infrastructure along with the changing military and legal doctrine that results. One aspect of this study focuses on the move away from "information-enabled warfare" and towards "strategic cyber warfare," where disrupting the operations of systemic functions will be a primary way to achieve grand strategic objectives. Using peer-reviewed literature as well as recent technical advisories the study finds a 40% increase in Internet-exposed devices with Industrial Control Systems (ICS) between 2024 and 2025 indicating a major change in how adversaries will target these systems; therefore, this paper also examines the meaning behind the principles of cyber deterrence, the implementation of the Tallinn Manual 2.0 in international law and national strategies of emerging digital powers such as India. The findings of this analysis point out that AI threat detection and zero trust architecture will be particularly effective in helping to mitigate risk. However, the encroachment of quantum computing leads to a pending crisis of cryptographic obsolescence. In the end, this paper concludes that despite improved defensive capabilities provided by technological advancements, the continued existence of the "attribution dilemma" and "offensive agenda" of cyberspace demonstrates an absolute need for an integrated approach involving technical hardening, international legal cooperation and meaningful public-private partnerships.107 views -
Public Opinion on Increasing the Legal Marriage Age of Women in India with respect to Prohibition of Child Marriage (Amendment) Bill, 2021: A Survey Analysis
Advocate at Trivandrum District Court, IndiaPages 1174 - 1186This survey looks at two important ideas about marriage laws in India. The first idea suggests that raising the legal marriage age for women from 18 to 21 will help promote gender equality in society. By aligning the marriage age for women with that of men, women would have more time to pursue education, careers, and personal development, potentially reducing the gap between men and women. The second idea focuses on the challenges of making this change happen. It argues that deeply rooted cultural beliefs and traditional practices around marriage create resistance to enforcing laws like Prohibition of Child Marriage Amendment Bill 2021, which aims to prevent early marriages. Even though the law exists, social norms in many parts of India make it hard to implement, especially in rural and conservative areas. The survey aims to assess the validity of these hypotheses, shedding light on the legal and cultural challenges surrounding marriage reforms. These findings are essential in informing future policies that not only promote gender equality but also address the cultural resistance that impedes the successful implementation of marriage laws in India.112 views -
Pages 1187 - 1197Sexual assault against children has emerged as one of the most serious violations of human rights and child dignity across the world. In India, the increasing number of cases involving sexual abuse of minors highlighted the urgent need for a comprehensive legal framework specifically designed to protect children from sexual offences. Prior to 2012, provisions dealing with sexual offences against children were scattered within the Indian Penal Code, which lacked child-specific definitions, procedures, and safeguards. To address these deficiencies, the Government of India enacted the Protection of Children from Sexual Offences (POCSO) Act, 2012, a special legislation aimed at safeguarding children from various forms of sexual abuse including sexual assault, sexual harassment, and pornography. The present study examines the nature, causes, and legal responses to sexual assault against children in India with particular reference to the POCSO Act. The research analyzes the statutory provisions of the Act, its objectives, and its procedural safeguards intended to create a child-friendly justice system. The Act provides gender-neutral protection for all children below the age of eighteen years and introduces important mechanisms such as special courts, in-camera trials, mandatory reporting of offences, and protection of the child’s identity. It also expands the legal definitions of penetrative sexual assault, aggravated sexual assault, and non-penetrative sexual assault to ensure comprehensive coverage of offences committed against children. The paper further explores the implementation challenges associated with the POCSO Act. Despite the progressive nature of the legislation, issues such as underreporting of cases, social stigma, delays in investigation and trial, lack of trained investigators, and insufficient awareness among parents and children continue to hinder the effective enforcement of the law. The study also examines statistical trends in crimes against children based on data from the National Crime Records Bureau (NCRB), highlighting the rising incidence of child sexual abuse and the urgent need for stronger preventive measures. In addition, the research evaluates the role of the judiciary in interpreting and strengthening the provisions of the POCSO Act through landmark judgments and judicial guidelines aimed at protecting the rights and dignity of child victims. The paper emphasizes the importance of coordinated efforts among law enforcement agencies, the judiciary, child welfare institutions, educational institutions, and civil society organizations to ensure the effective implementation of child protection laws. The study concludes that while the POCSO Act represents a significant milestone in India’s child protection framework, its effectiveness depends largely on proper implementation, increased public awareness, and institutional capacity building. Strengthening investigation mechanisms, establishing more special courts, providing psychological support to victims, and promoting preventive education among children are essential steps to combat sexual offences against minors. The paper ultimately argues that a holistic approach combining legal reforms, social awareness, and institutional accountability is necessary to ensure justice, protection, and rehabilitation for child victims of sexual assault.114 views
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Pages 1198 - 1211The rapid advancement of digital technologies has significantly transformed modern society, but it has also given rise to a new dimension of criminal activities known as cybercrime. In India, the proliferation of internet usage, digital payment systems, and online communication platforms has increased vulnerability to cyber threats. With the integration of Artificial Intelligence (AI), cybercrime has become more sophisticated, complex, and difficult to detect. This study examines the nature and growth of cybercrime in India with special reference to the role of Artificial Intelligence. It explores how AI technologies, such as machine learning, deep learning, and automation, are being misused by cybercriminals for activities like phishing, identity theft, financial fraud, deepfake creation, and ransomware attacks. The research also highlights the dual role of AI as both a tool for committing cybercrime and a mechanism for preventing and detecting such offenses. Furthermore, the paper analyzes the existing legal framework in India, including the Information Technology Act, 2000, and its amendments, in addressing AI-driven cybercrimes. It identifies gaps in legislation, enforcement challenges, and the need for updated policies to cope with emerging technological threats. The study also emphasizes the importance of digital literacy, cybersecurity awareness, and capacity building among law enforcement agencies. The research concludes that while AI presents significant risks in amplifying cybercrime, it also offers powerful solutions for cybersecurity if effectively regulated and implemented. A balanced approach involving technological innovation, legal reforms, and public awareness is essential to combat the evolving landscape of cybercrime in India.194 views
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Sovereign Interests and Medical Obligations: Navigating Vaccine Supply Chain Disputes through ADR
Student at HVPS College of Law, Mumbai, Maharashtra, IndiaPages 1212 - 1228The right to health is a fundamental right of every human being irrespective of their origin. Although the growing business of pharmaceutical giants in recent years is attributed to the capitalist mindset of developing countries, it also provides a certain number of guarantees that the rapid production of medicines will also tackle large-scale medical emergencies as quickly as possible. The world witnessed the deadly Covid-19 pandemic which has left a mark in the history of mankind as one of the worst medical catastrophes. The pandemic saw active involvement of pharmaceutical companies from across the world to invent, produce and supply vaccines to combat the deadly virus. This complex process saw the involvement of equally complex contractual obligations being formed and subsequent disputes being raised over vaccine supply around the world. The paper examines the formation of supply chain contracts between pharmaceutical companies and governments and analyzes how the pandemic was considered as Force Majeure in these contractual transactions. While the world was witnessing large scale deaths of people due to the pandemic, the legal spheres and governments around the world witnessed dispute over the supply of vaccines from pharmaceutical companies to countries in need. This was attributed to the “non-performance” of contracts since the supply of vaccines was insufficient compared to the number of citizens. The need of the hour being that of saving lives of people, many of these contractual disputes were settled out of court, thus, making Alternative Dispute Resolution a paramount mitigation tool to resolve the disputes without prolonging them through rigid court proceedings. The paper deep dives into the case of European Commission–AstraZeneca COVID-19 vaccine dispute that involved out of court negotiation. The paper will also draw similarities between this case and India’s “Vaccine Maitri” policy which utilized “Act of State” defence to facilitate negotiation as an informal ADR mechanism to halt vaccine supply to foreign countries to make them available to Indian citizens. Lastly, the paper also analyses case laws from the past decades involving contractual disputes over pharmaceutical supplies during medical emergencies around the world to establish how Alternative Dispute Resolution was used directly or indirectly as a legal tool to resolve supply chain contract dispute for providing rapid medical care to people. Furthermore, the paper emphasizes the need for autonomous legislation both at national and international level addressing the issue of global medical catastrophes, to provide statutory time limitations and provisions for expedited dispute involving supply chain contracts between pharmaceutical companies and governments.87 views -
India’s Legal Shield: The Maritime Anti-Piracy Act of 2022
LL.M. Student at Bharata Mata School of Legal Studies, Kerala, IndiaPages 1229 - 1241Maritime piracy, which many consider to be a thing of the past, still poses a danger to international shipping routes and global trade. While pirates have been romanticized, animated, and even glorified in movies, behind this glamorized image lies a harsh reality of violence, lawlessness, and threats to global maritime security. Piracy historically thrived in the Indian Ocean owing to its advantageous position on the globe and busy trade routes. Its re-emergence near Somalia, the Gulf of Aden, and Southeast Asia led mariners to grave perils. For India, with its long coastline and reliance on maritime trade, these concerns were pressing. “The Maritime Anti-Piracy Act (MAPA)”, 2022, addressed domestic legal shortcomings, aligned India with “United Nations Convention on Law of the Sea (UNCLOS)”, and created a legal structure to prosecute pirates. Alongside legal reform, it showcases India's commitment to safeguarding trade, ensuring safety of seafarers, improving global maritime security. The objective of this paper is to analyse India's legal framework regarding maritime piracy, particularly emphasizing MAPA, 2022. This study places Act within the wider historical and international framework of piracy suppression and assesses its capacity to enhance both national security and international collaboration. The study follows a doctrinal methodology, drawing on statutory interpretation, UNCLOS provisions, judicial decisions, and secondary sources like commentaries, scholarly writings, and piracy reports to assess. The tentative conclusion reached is that while MAPA provides India with a much-needed legal framework, its effectiveness will depend on complementary measures such as naval coordination, international collaboration, and robust implementation at the enforcement level. The Act represents not merely a legal milestone, but also a strategic initiative designed to enhance security on the seas.218 views -
Reconsidering Criterion of Value Addition of CCI Leniency Regime: Discretion, Ambivalence, and Demand of Normative Clearness
LL.M. student at Christ (Deemed to be University) University, Pune, Lavasa, IndiaPages 1242 - 1254The problem of cartel enforcement is quite challenging because of the secretive nature of agreeing collusively and this can only be managed through the use of the leniency programmes as one of the main detection tools. In India, the regime of leniency is included into the Competition Act, 2002 and in the Competition Commission of India (Lesser Penalty) Regulations, 2009 the concept of the value addition is adopted in order to calculate the penalty waivers to the next applicants. The paper is a critical analysis of the understanding and use of the value addition criterion stating that it is not precisely defined and depends on administrative discretion thus making it more difficult to predict and enforcement not strongly encouraged. The study finds that there are flaws in the Indian framework to be present through the doctrinal analysis of statutory provisions and key CCI decisions and a comparative assessment of the leniency regimes of the United States and European Union. It argues that inconsistency and regulatory opaqueness are caused by the lack of evidentiary benchmarks, reduction bands, and rational decision making. The paper ends with the recommendation of reforms that would lead to greater transparency, predictability, and effectiveness via systematic direction and correspondence to global-best practice.119 views -
Artificial Intelligence in the Identification of the Deceased: Forensic Innovations, Evidentiary Reliability, and Legal Implications in India
Student at Symbiosis Law School, Pune, IndiaPages 1255 - 1275Artificial Intelligence (“AI”) is gradually becoming a part of forensic science, especially in the identification of deceased individuals using the methods of facial recognition, DNA profiling, forensic anthropology, and post-mortem imaging. It is believed that these technological advancements would bring increased efficiency, precision, and expediency in locating the unknown or unclaimed bodies particularly in situations which involve: mass disasters, criminal investigations, and missing persons cases. Nevertheless, the increasing attention to using AI-based tools in forensics provokes complicated juridical issues related to the reliability of the evidence, transparency, and respect to constitutional protection of criminal justice. The paper will involve a doctrinal and socio-legal analysis of the application of AI in identification of the deceased, with reference to Indian legal system. It discusses the admissibility and probative value of AI-assisted forensic evidence pursuant to the Bharatiya Sakshya Adhiniyam, 2023, (“BSA”) and puts these issues into perspective in the broader constitutional norms of the right to a fair trial and human dignity in Article 21 of the Constitution of India. Based on the narrative review of forensic and interdisciplinary literature, accompanied by the comparative study of the foreign jurisprudence on algorithmic and scientific evidence, the study finds a strong gap between the adoption of the technology and preparedness in courts. The article states that, even though AI can revolutionize forensic identification, its indiscriminate use threatens the standards of evidence and procedures of fairness. It ends by suggesting that decisive admissibility rules, validation procedures, and institutional protections are necessary to direct the implementation of AI-aided identification of the deceased so it can reinforce instead of undermine forensic justice in India.1,082 views -
Legal Status of Domestic Workers in India: A Labour Law Perspective
Student at The Tamil Nadu Dr. Ambedkar Law University, School of Excellence in Law, Chennai, IndiaPages 1276 - 1287Domestic work, a major category of informal labor in India, has been one of the most overlooked sectors in legal matters. Domestic workers, due to their integration in the private sphere, fall outside the coverage of labor laws, even though they are essential to the urban and semi-urban economies. This article seeks to examine the legal status of domestic workers through a labor law lens and the challenges these workers encounter due to their presence in the informal and unregulated sector. Topics such as the lack of set work hours, ineffective enforcement of minimum wage laws, limited access to social security benefits, and the risk of exploitation and abuse will be addressed. The research analyzes the existing legal structure, focusing on the deficiencies of the Unorganised Workers’ Social Security Act, 2008, and the continued exclusion of domestic workers from important labor regulations like the Industrial Disputes Act and the Minimum Wages Act. The article also explores the disparity between the constitutional rights to dignity and livelihood under Article 21 and the actual circumstances encountered by domestic workers This has highlighted the gap between the constitutional clauses and the real situation. The paper also seeks to position the Indian situation within the wider framework of the global labor context by examining international labor standards relating to the domestic worker sector. Ultimately, the paper asserts that the current approach to addressing the situation of domestic workers in India is insufficient and suggests creating a national law that acknowledges the domestic worker's status as a worker and the home as a place of employment.299 views -
Light Pollution and its Multidimensional Impacts: An Emerging Environmental Challenge
Research Scholar at Departmental of Laws, Panjab University, Chandigarh, IndiaPages 1288 - 1299Light pollution, defined as the disruption of natural darkness by artificial lighting from sources such as streetlights, buildings, vehicles, and commercial displays, has emerged as a significant yet under-recognised environmental issue. It alters natural light–dark cycles, adversely affecting human health, wildlife behaviour, energy consumption, and the visibility of the night sky. The International Convention on Migratory Species identifies it as artificial illumination that interferes with ecological processes and the biological rhythms of nocturnal species. Its major forms include skyglow, glare, light trespass, clutter, and over-illumination. The rapid expansion of Artificial Light at Night (ALAN) has transformed nocturnal environments, disrupting circadian rhythms and biological functions across species. Unlike conventional pollutants that enter through air or water, light pollution acts externally but produces significant physiological and ecological consequences. While artificial lighting has supported economic development, its excessive and unregulated use has resulted in ecological imbalance, health concerns, energy inefficiency, and environmental degradation. Global studies reveal that over 80% of the world’s population lives under light-polluted skies, with a continuous increase in artificially lit areas driven by LED expansion. In India, urbanisation has intensified this problem, particularly in metropolitan regions. From a legal perspective, light pollution implicates the right to a clean and healthy environment under Article 21 of the Constitution of India. However, despite growing evidence of its multidimensional impacts, it remains largely unregulated, highlighting the urgent need for legal recognition and effective policy intervention.120 views -
From Boardroom to Bureaucracy: Mapping the Regulatory Gap in India’s Artificial Intelligence Governance across the Public and Private Sectors
Student at School of Law, CHRIST (Deemed to be University), Bangalore, Karnataka, IndiaPages 1300 - 1317The deployment of artificial intelligence across India's institutional landscape has reached a critical threshold. Algorithmic systems now determine welfare eligibility, assist judicial decision-making, enable predictive policing, assess corporate creditworthiness, and inform boardlevel deliberations. Yet India's regulatory response remains fundamentally fragmented and non-binding. The MeitY India AI Governance Guidelines of November 2025, the RBI FREEAI Framework of August 2025, and the SEBI Consultation Paper of June 2025 represent meaningful policy advances but do not establish legally enforceable obligations in either the government or corporate domain. This article argues that India's regulatory gap is systemic rather than sectoral. The same challenges of algorithmic opacity, accountability deficit, and fragmented liability arise whether AI is deployed by a corporation making credit decisions or a government agency determining welfare eligibility. Critically, the most consequential AI governance failures currently occurring in India are in bureaucracies rather than boardrooms: documented cases of Aadhaar linked welfare exclusion , the unregulated deployment of facial recognition surveillance without statutory basis or proportionality review, and AIassisted judicial tools operating without transparency safeguards illustrate the urgency of a governance response that extends beyond the corporate sector. Through doctrinal and comparative analysis drawing on the European Union, China, and the United States, this article proposes a unified statutory framework for India addressing AI governance across both public and private institutional domains. The framework integrates AI specific accountability obligations for government and corporate deployers alike, a risk-based classification system calibrated to India's constitutional commitments, enforceable redress mechanisms, and a coordinated institutional architecture anchored in statute rather than policy.248 views -
Impact of UPI and Fintech on Financial Accessibility: A Cross-Comparison Study of Rural and Urban India towards Equitable Development Vision 2050
Assistant Professor at Dr. MPS Group of Institutions, Agra, Uttar Pradesh, IndiaPages 1318 - 1330India’s journey with digital payments—think UPI and all those new FinTech apps—has really changed how people see and use money. In this paper, the author dig into what’s actually happening on the ground, comparing how UPI took off in rural and urban areas between 2016 and 2026. The author pulls data from the NPCI, RBI, the Finance Ministry, and a bunch of other heavyweight reports to figure out who’s using digital money, who’s getting left behind, and what’s causing the gap. There’s this surprising fact: rural youth (ages 15–24) use UPI even more than young people in cities—86.7% vs. 74.4%. But that headline number hides a lot. Tons of people in the countryside still can’t access digital finance—maybe their phones are outdated, internet coverage is weak, or they’re just not comfortable with tech at all. So, the author lays out a clear roadmap—"Equitable Development Vision 2050"—that gets into fixing these problems. It's about building up infrastructure, making digital education a priority, and making sure nobody slips through the cracks. In the end, this research adds a new angle to debates on digital public infrastructure and reaching communities that often get overlooked. It also shows how developing countries can learn from each other and maybe even push each other forward.109 views -
AI-Optimized Illegal Sand Mining: Satellite Remote Sensing Evidence Under MMDR Act Post-Karnataka HC 2026 Orders
Student at SVKM's, Narsee Monjee Institute of Management Studies, Hyderabad, Telangana, IndiaPages 1331 - 1341The illegal activity of sand mining has been a major issue of environmental governance in India. This subject matter was drawn attention to in a suo motu public interest litigation filed in the Karnataka High Court in 2026. This study aims to assess the potential for the incorporation of AI and satellite remote sensing technologies in the regulation of illegal sand mining in India in accordance with the provisions of the Mines and Minerals Development and Regulation Act of 1957 as amended through recent legislation providing for increased penalties for non-compliance. The study was done through a doctrinal and analytical methodology. The study assessed the current law on the regulation of mineral resources in India and the potential for the integration of AI-based technologies currently in use in Uttar Pradesh and Madhya Pradesh. The study further assessed the potential for the regulation of illegal sand mining in accordance with the directions of the courts. The use of satellite images by means of aloof remote sensing machineries indicates the potential for usage of machine learning-based classification systems for instance Support Vector Machines and Random Forests for identifying illegal mining activities. The study demonstrates that the use of AI-based satellite remote sensing technologies may perhaps palliate the weaknesses and precincts of the current commandment in policing illegal mining in India. The study identified certain limitations in the current legislation in the regulation of illegal mining through the use of evidence derived by means of aloof remote sensing machineries. The study proposed certain amendments for the regulation of illegal mining through remote sensing-based compliance audits and AI-based reporting of illegal mining violations through District Mineral Foundation. The report demonstrates that although AI-based satellite remote sensing technologies could be useful in the regulation of illegal mining in India through increased exactitude and pellucidity in the regulation of illegal mining activities in India, certain limitations in the current law and technology need to be addressed. The directions of the Karnataka High Court appear to be a major step in the regulation of illegal sand mining in India through technology-based judicial monitoring. The directions of the court appear to be constitutionally and operationally viable.150 views -
Impact of Vitriolage on the Right to Livelihood of Victims in India: A Socio-Legal Analysis
Assistant Professor at Government Law College, Tirunelveli, Tamil Nadu, IndiaPages 1342 - 1356Vitriolage, commonly referred to as acid attack, represents one of the most brutal forms of violence, resulting in severe physical disfigurement and long-term socio-economic marginalisation of victims. Among its most devastating consequences is the deprivation of the right to livelihood, which has been recognised as an integral component of the right to life under Article 21 of the Constitution of India. This article undertakes a comprehensive socio-legal analysis of the impact of acid attacks on the livelihood of victims in India. It examines constitutional jurisprudence, statutory frameworks, judicial interventions, and empirical data to highlight the structural barriers faced by survivors in accessing employment. The study argues that despite progressive judicial recognition and legislative measures, systemic gaps in implementation, social stigma, and inadequate rehabilitation mechanisms continue to undermine the effective realisation of livelihood rights. The article concludes by advocating for a holistic, rights-based approach that integrates legal remedies with socio-economic empowerment measures.107 views -
Juvenile Delinquency in India: A Socio-Legal Analysis of Causes, Patterns and Preventive Framework
Research Scholar at Sikkim University, Gangtok, Sikkim, IndiaPages 1357 - 1373A child when born is innocent, but because of lack of good care and supervision, as well as negative social and environmental factors, his mind becomes prone to criminal behaviour. These factors can range from criminal parents to abusive guardians or abusive caretaker of orphanages. These factors have always been present since the age of kings and rulers whereby these Kings used children to their dirty work, or not cared about them at all. Due to the poor living conditions of these children, they were forced to adopt horrible ways to survive, but never really saw a ray of hope to their miserable life. Criminal code violations as well as certain patterns of behaviour that are inappropriate for children and young adolescents are referred to as juvenile delinquency. The four types of delinquency are individual delinquency whereby only one individual is involved and the cause of the delinquent act can be traced back to the individual delinquent, group supported delinquency, organized delinquency, and situational delinquency whereby the cause is attributed not to the individual. Juvenile Delinquency is one of the most significant social problem globally. It has been one of the key reasons as to why and how lives of millions of children are ruined each day. The rise in Juvenile crime has a multidimensional impact. Similar to any other form of crime, while victims are considered as the most conspicuous affectee, other group that finds their place in the list are their respective family members of the victim and the society as a whole.93 views -
Pages 1374 - 1392Chhattisgarh, often called the “Land of Diversity,” is home to an extraordinary range of tribal traditions, food items, crafts, and agricultural products, many of which possess unique qualities suitable for Geographical Indication (GI) recognition. Despite this cultural richness, the state has secured very few GI registrations compared to other regions of India. This paper explores the reasons behind such limited recognition and identifies products with strong GI potential. It highlights food items such as Chaprah chutney, Bastar Salfi drink, Mahuwa-based preparations, and traditional sweets, alongside heritage crafts like Bastar Dhokra and Kosa silk, emphasizing their cultural, ecological, and economic significance. The analysis identifies key challenges, including a lack of awareness among producers, weak institutional frameworks, poor market exposure, bureaucratic hurdles, and neglect of oral tribal knowledge systems. These factors collectively hinder systematic documentation and protection of Chhattisgarh’s indigenous products. The paper argues that policy prioritization, cooperative models, and structured awareness campaigns can transform these cultural assets into economic empowerment and global recognition sources. By bridging the gap between tradition and intellectual property rights, Chhattisgarh can significantly contribute to India’s GI portfolio while safeguarding its diverse heritage for future generations.102 views
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Pages 1393 - 1404The Right to Information Act, 2005 was enacted to ensure transparency and accountability within India’s administrative framework. Still, the enforcement of this legislative framework has often been constrained by Institutional inertia, Procedural inefficiencies and limited accessibility to information. In recent years, the expansion of e-governance initiatives presents a significant opportunity to realign the functioning of the Right to Information regime. This paper examines the role of Digital Governance in strengthening the implementation of the Right to Information framework and enhancing Administrative Transparency. The research is structured around a legal policy evaluation framework that evaluates the impact of digital platforms, online RTI interfaces, electronic record management systems and responsiveness of public authorities. It critically analysis how technology driven processes facilitate timely disclosure, reduce discretionary control and promote transparency in compliance with statutory obligations. The Paper also identifies significant challenges that continue to undermine digital transparency, including disparities in digital access, technological capacity constraints, privacy and data protection concerns and resistance withing bureaucratic structures. The Study further accesses the adequacy of existing legal and policy frameworks in enabling the effective integration of e-governance tools with transparency obligations under the Right to Information Act. It argues that while digital governance is not a substitute for an institutional accountability, its strategic and legally informed application can substantially reinforce the democratic intent of the Right to Information framework and reinforce transparency norms and participatory governance, The Paper concluded by advancing policy oriented recommendations aimed at strengthening the Nexus between e-governance initiatives and transparency obligations, thereby strengthening citizen participation and administrative accountability in the digital governance landscape.202 views
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This study aims to examine the impact of health misinformation circulated through social media platforms on the health behavior of young people. In the present digital era, social media platforms such as YouTube, Instagram, and Facebook have become major sources of health-related information for young individuals. However, the absence of medical verification and the increasing influence of social media influencers often result in the spread of misleading and harmful health advice. The findings reveal that social media plays a significant role in shaping health decisions among young people, often leading to unsafe health practices such as consuming or using harmful substances for weight loss, disease treatment, etc. The study highlights the urgent need for digital health literacy and stricter regulation of health-related content on social media.148 views
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From Resource Sovereignty to Collective Security: A Socio-Legal Framework for the Global Mining Order
Advocate at High Court of Delhi, IndiaPages 1417 - 1430The countries having sufficient natural resources, minerals, and oil reserves have constantly struggled with maintaining peace and diplomacy in the troubled regions, and they have moved towards aggression and war crimes in the last few years. The aggression, warmongering, militancy, and violence in the regions of unrest have created a gap in the current International legal framework. While the Permanent Sovereignty over Natural Resources (PSNR) doctrine in the 20th century aimed for decolonization, the same doctrine is acting as a Sovereign shield for the brawling States. The research paper analyses the development of aggression backed by oil and natural resources, highlighting the crisis of Venezuela and Middle-East nations in 2025-2026. The study analyses the inability of economic sanctions imposed by the USA and the European Union upon the world, and delayed actions of prosecution by the International Criminal Court (ICC) are not enough to curtail the war crimes, and states are arming themselves with non-weapons such as oil, minerals, and natural resources as a tool for warfare and bloodshed. The study aims to propose a Global Mining Order, an international legal framework directed towards peace and security that rethinks the role of natural resources, as they at times can harshly affect the security order of the States. The paper studies the role of India as a Vishwa Mitra as a mediator for multilateralism in the regulation of international minerals and energy resources. The paper studies the role of the middle-power countries in assisting the States from being a Resource-Sovereign to becoming Collective energy democracies. The study contends that the installation of peace and security in the international maritime and trade law would depend upon the new law of commerce that emphasizes peace and security over resource sovereignty.146 views -
Carbon Tax and Climate Litigation in India: Judicial Review under Article 21
Student at SVKM's, Narsee Monjee Institute of Management Studies, Hyderabad, Telangana, IndiaPages 1431 - 1445Climate change represents a structural threat to India’s constitutional guarantee of life, health, and dignity under Article 21 of the Constitution of India. This article seeks to explore the role of carbon taxation in India’s constitutional framework of addressing climate change and reviews how Indian courts might evaluate a carbon taxation framework in India under Article 21 of the Constitution of India. The article begins with an overview of the emergence of carbon taxation globally, starting with Finland’s pioneering carbon taxation legislation in 1990, and places India’s Clean Energy Cess on coal in the broader context of quasi-carbon taxation that internalized, to some extent, environmental costs of fossil fuels. The article tracks this process of Indian courts developing environmental and climate law under Article 21, including the emergence of the right to clean environment, polluter pays and precautionary principles, intergenerational equity, and public trust doctrine. The article examines this in the context of significant cases such as Vellore Citizens’ Welfare Forum v. Union of India and subsequent cases to illustrate this in terms of their alignment with India’s international obligations to underpin strong carbon pricing with a clear carbon tax. The article then examines new forms of climate litigation in India, including petitions such as Ridhima Pandey v. Union of India, in which youth assert that inaction on climate change breaches their right to intergenerational justice and clean environment. The article also finally examines the scope for the Indian courts to adjudicate the carbon tax, based on parameters such as arbitrariness, proportionality, and federal competence, with reference to landmark judgments in Canada’s Reference Re Greenhouse Gas Pollution Pricing Act and Germany’s Neubauer judgment. The overall conclusion is that the carbon tax is likely to be upheld, not as violating Article 21, but as being constitutionally mandated as an imperative measure to safeguard life, health, and the environment in the age of climate change.129 views -
Cyberstalking in the Digital Age
Student at KIIT School of Law, Bhubaneswar, Odisha, IndiaPages 1446 - 1466The internet and the rapid advancement of digital technologies have altered the way people converse and interact in the modern society. Despite the fact that communication has become easier and quicker through these advancements in technology, it has provided more avenues through which crimes can be committed in cyberspace. One of such emerging issues is cyberstalking, which can be described as a continuous use of electronic channels of communication such as emails, social networks, instant messages, or any other digital channels to harass, intimidate, spy or threaten another individual. Unlike in the conventional stalking, in cyberstalking, no physical proximity is involved and criminals can easily hide their identity behind the anonymity most digital platforms provide, making it much more difficult to detect and prosecute them. In the present digital era, people share personal information, photos, and interaction with daily activities in the cyberspace. This augmented internet presence exposes persons to greater susceptibility of victimisation. Some of the activities that cyber stalkers may engage in are sending threatening messages, creation of fake online profiles, defamation spread, unauthorised use of personal accounts or continuous monitoring of the online activities of a victim. These activities are a grave violation of the privacy of the involved person and often result in psychological distress, fear, emotional trauma, and reputational damage. The Indian courts have largely used the provisions of the Information Technology Act, 2000, and some of the criminal law provisions that deal with stalking and harassment to take legal action against cyberstalking. However, the legal system is still developing, and such problems as jurisdiction, the lack of specific laws against cyberstalking, and the lack of knowledge about the solutions regarding the issue by victims are still a challenge. This paper reviews cyberstalking in this digital era, its impact on victims and society and the sufficiency of the current Indian law. It calls on the need to improve legal processes, increases awareness, and more preventive actions to safeguard individuals in the digital community.105 views -
Pages 1467 - 1485This paper examines Green Human Resource Management (GHRM), an approach that integrates human resource practices with organizational environmental sustainability goals. As organizations increasingly face expectations to respond to climate change and environmental concerns, GHRM has gained attention as a relevant framework linking employee involvement with environmentally responsible organizational outcomes. Despite the rapid growth of studies in this area, the overall intellectual structure, global research trends, and collaboration patterns in GHRM remain fragmented and insufficiently synthesized. Accordingly, this paper addresses the research question: How has GHRM research evolved globally in terms of publication trends, key themes, and scholarly collaboration over time? The study offers a comprehensive bibliometric review of GHRM literature published between 2015 and 2025, using a dataset of 334 peer-reviewed journal articles indexed in the Scopus database. Bibliometric techniques and visualization tools are applied to examine publication growth, citation trends, co-authorship relationships, country and institutional contributions, and keyword co-occurrence patterns, thereby identifying major research themes and collaboration structures within the field. The findings indicate a noticeable increase in GHRM-related publications after 2020, reflecting growing academic and organizational interest in sustainability focused HR practices. Countries such as China, India, the United States, and several Middle Eastern nations contribute significantly to the literature. Key themes include employee green behavior, green innovation, sustainable organizational outcomes, and the supportive role of leadership in environmental initiatives. Generally, the study suggests that GHRM has gradually developed into an internationally recognized research area with increasing interdisciplinary collaboration. The results provide useful insights for researchers seeking to understand the field’s development and for practitioners aiming to adopt GHRM practices to support organizational sustainability objectives.108 views
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Growing Up Online: Legal Frameworks, Children’s Rights, and the Regulation of Social Media in Contemporary India
Student at Symbiosis Law School, Pune, IndiaPages 1486 - 1503Each and every State carries the key responsibility ensuring the protection of children, who are widely considered as one of the most vulnerable sections in society. This concern received global recognition especially after the adoption of the UN Convention on the Rights of the Child, leading to establishment of key principles including equality, the right to life and development, and making their best interests the most important factor in every decision affecting them. The sudden increase in the growth of digital technologies and internet-based platforms has altered how young people access data, learn, and interact socially. While the digital world provides many opportunities for learning, creativity, and interaction, it also puts children at risk of problems like cyberbullying, online exploitation, misuse of personal information and loss of privacy. The COVID-19 pandemic further brought these concerns into attention. With the sudden shift to online modes of learning and communication, it became vital for children to adjust quickly to new forms of interaction which thereby, revealed gaps in existing systems and highlighted the need for stronger rules and laws to protect children in both physical and digital spaces. This paper sheds some light by deeply analysing the relationship between digital rights and youth protection, underlining the necessity for an approach that is balanced and ensures safety while enabling children to exercise their rights in the digital environment. It supports a system based on international standards that can create a safe and inclusive digital space which ultimately helps in their growth and well-being.90 views -
Grounded and Unprotected: A Legal Vacuum in Safeguarding Consumer and Investor Interests amidst Airline Insolvency – A National And International Legal Perspective
Student at Symbiosis Law School, Pune, IndiaPages 1504 - 1511The Indian aviation sector has witnessed recurring airline insolvencies in recent years, including high-profile collapses like Jet Airways and GoFirst. These events have exposed a critical gap in both national and international legal frameworks that fail to adequately safeguard consumer and investor interests during such financial crises. In this study, we explore the dual impact of airline insolvency on passengers and shareholders, focusing on the lack of enforceable refund mechanisms for consumers and the absence of sector-specific protections for retail investors. This paper analyses the current statutory landscape in India, including the Consumer Protection Act, 2019; the Insolvency and Bankruptcy Code, 2016; and SEBI regulations, and juxtaposes these with international conventions like the Montreal Convention, ICAO standards, and the UK’s ATOL scheme, and examine relevant judicial precedents to demonstrate that existing legal frameworks are ill-equipped to address the complexities of airline insolvency. The research identifies a legislative and regulatory vacuum and proposes targeted reforms, including the creation of a statutory aviation consumer fund, investor disclosure mandates, and a multilateral insolvency response model under ICAO. In conclusion, this paper underlines the need for a cohesive legal response that balances financial viability with the protection of consumer and investor rights in the aviation sector.67 views -
Reproductive Rights, Employment, and Gender Equality: A Legal Study of Workplace Policies in India
Advocate at Civil court Roorkee, Uttarakhand, IndiaPages 1512 - 1524This article analyses the intersection among employment, reproductive rights and gender equality in the context of workplace policies and legislation in India. The paper employs a doctrinal and critical legal approach, the paper examines constitutional provisions, labour statutes such as the Maternity Benefit Act, 1961 and the Sexual Harassment of Women at Workplace (POSH) Act, 2013 and recent labour code reforms to assess how women’s reproductive autonomy and their participation in the formal workforce is regulated by Indian laws. It highlights protective measures like maternity leave, crèche facilities, and ensuring equal pay for equal work. It also points out the existence gaps in implementation, enforcement, and coverage, particularly for marginalized women and those working in informal sector. The paper contends that rigid workplace norms, patriarchal attitudes, and inadequate support for caregiving responsibilities continue to undermine substantive gender equality, despite a relatively progressive legal framework. It concludes by proposing policy recommendations such as longer parental leave, stricter enforcement mechanisms, and workplace redesigned to promote sensitivity which will better align with Indian employment practices with reproductive rights and the goal of transformative gender equality.116 views -
Forum Shopping in Cross Border in the Time of Insolvency Proceedings in India
Assistant Professor at SRM School of Law, Tamil Nadu, IndiaPages 1525 - 1534Cross-border insolvency has emerged as a critical challenge in the era of globalization, where corporations operate across multiple jurisdictions and hold assets worldwide. This paper examines the phenomenon of forum shopping in cross-border insolvency proceedings, wherein debtors or creditors strategically select favorable jurisdictions to gain legal advantage. Such practices undermine fairness, legal certainty, and the equitable treatment of stakeholders. The study adopts a doctrinal methodology, analysing the legal framework governing insolvency in India, particularly under the Insolvency and Bankruptcy Code, 2016, in comparison with international standards such as the UNCITRAL Model Law on Cross-Border Insolvency and the U.S. Bankruptcy Code. It explores competing theoretical approaches—universalism and territorialism—and evaluates the evolving concept of modified universalism as a balanced solution to address jurisdictional conflicts and forum shopping. The paper identifies significant lacunae in the Indian framework, including the absence of a comprehensive cross-border insolvency regime and limited statutory provisions under Sections 234 and 235 of the IBC. While Indian courts have relied on principles such as comity and reciprocity, the lack of formal adoption of the UNCITRAL Model Law creates uncertainty and scope for strategic forum selection. Through comparative and analytical evaluation, the study argues for the incorporation of key provisions of the UNCITRAL Model Law into Indian law to ensure greater cooperation, predictability, and protection of creditor and debtor interests. It concludes that adopting a modified universalist approach would help curb abusive forum shopping while preserving sovereign interests, thereby aligning India with global insolvency practices.143 views -
Eminent Domain Meets Public Trust Doctrine: Judicial Interpretation in India’s Land Acquisition Framework
Assistant Professor at Nagaland University, Nagaland, IndiaPages 1535 - 1556State as a sovereign power can take over land and other private properties under eminent domain. Significantly, the state is also entrusted with managing the natural resources, including public land as a trustee under the Public Trust Doctrine (PTD). This dual role of the state as an enabler of development and trustee of natural resources has created a tension between these two doctrines. This paper seeks to examine the legal framework of land regulations in India to identify how these two doctrines play in the arena of development, where state plays a pivotal role. For this, it investigates the concept of eminent domain and PTD, its constitutional foundation along with the analysis of judicial decisions on land acquisitions. Additionally, it sought to correlate land laws with PTD and explore the influence of doctrine in land acquisition. Further, the study critically examines how these concepts are interconnected and used in the land acquisition cases. The analysis indicates that the judiciary has thoroughly examined the doctrine of eminent domain, whereas the doctrine of public trust has been invoked only superficially, so undermining environmental protection in developmental issues.93 views -
The State as Sovereign of the Womb: Rethinking Abortion Criminalisation as a Crime against Humanity
Student at Pravin Gandhi College of Law, Mumbai University, Mumbai, Maharashtra, IndiaPages 1557 - 1570Restrictions on abortion carry profound legal, social, and economic consequences, falling most heavily upon women, gender minorities, and other marginalised groups. This paper interrogates abortion criminalisation through the analytical lens of gender-based persecution under international human rights law — principally the Rome Statute of the International Criminal Court (ICC), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the International Covenant on Civil and Political Rights (ICCPR). It argues that where abortion restrictions form part of a widespread or systematic State-directed attack on individuals capable of pregnancy, such restrictions may satisfy the threshold criteria for crimes against humanity under Article 7(1)(h) of the Rome Statute. The paper examines how international legal instruments recognise forced pregnancy and denial of reproductive autonomy as forms of gender-based violence, surveys landmark jurisprudence including K.L. v Peru, Mellet v Ireland, and R.R. v Poland, and evaluates the regressive global trajectory set in motion by the United States Supreme Court's 2022 decision in Dobbs v Jackson Women's Health Organization, which overturned Roe v Wade. It further analyses the socioeconomic consequences of criminalisation on marginalised communities, India's progressive but imperfect legislative framework under the Medical Termination of Pregnancy Act (as amended in 2021), and the need for coherent international enforcement mechanisms. The paper concludes with concrete legal and policy recommendations for protecting reproductive rights as non-derogable fundamental human rights at the international and domestic levels.160 views -
Beyond Identity: The Changing Legal Landscape for Transgender Persons in India
New Law College, Bharatiya Vidyapeeth Deemed to be University, Pune, Maharashtra, IndiaPages 1571 - 1580The evolution of transgender rights in India showcases a intricate relationship among constitutional values, judicial activism and legislative action. The Transgender Persons (Protection of Rights) Act, 2019 was legislated as a substantial shift towards legal recognition and security of transgender persons. Though, the latest introduced Transgender Persons (Protection of Rights) Amendment Bill, 2026 has ignited widespread debate, disapproval and protests coast-to-coast. This Paper analyzes the hi historical background, major provisions, constitutional drawbacks and socio-legal impact of the 2026 amendment. It historical background, major provisions, constitutional drawbacks and socio-legal impact of the 2026 amendment. It further weighs whether the amendment synchronizes with liberal vision of Supreme Court in NALSA v. Union of India (2014) or represents a retrograde shift in transgender jurisprudence.116 views -
Pages 1581 - 1590Globalisation has dramatically reshaped the business landscape in the twenty-first century. With the rise of multinational corporations (MNCs), businesses now operate on a global scale with supply chains that span across continents and a market presence in virtually every country. Forced labour, displacement of indigenous communities, environmental degradation and armed conflict, etc., have caused immense human rights violations that largely remain mediated through state action rather than imposing binding obligations on Corporations. This paper will critically examine the evolving framework of transnational corporate accountability for human rights violations under international law, highlighting both normative developments and persistent enforcement gaps. Currently, several instruments and initiatives exist that aim to regulate corporate behaviour and ensure accountability, such as the UN Guiding Principles on Business and Human Rights (UNGPs), the ONGC Guidelines for Multinational Corporations, and ILO Standards. They have contributed to normative coherence but remain non-binding in nature. Countries have also enacted legislation in order to ensure companies are diligent in protecting human rights, signalling a gradual shift from voluntary standards towards enforceable obligations. However, the cross-border supply chains maintained by MNCs create jurisdictional and enforcement barriers. Corporate criminal liability does not fall under the jurisdiction of the International Criminal Court (ICC), making it difficult to fix accountability. High-profile transnational litigation reveals systemic barriers faced by victims, including jurisdictional hurdles, corporate veil protections, and power asymmetries between corporations and affected communities. This paper will delve into the insufficiency of current international legal regime governing transnational corporate accountability in addressing cross-border human rights harms effectively. It seeks to contribute to the discourse on reimagining corporate accountability in a manner that aligns global economic activity with fundamental human rights protections.131 views
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The Green Gavel: Judicial Activism and Environmental Jurisprudence in India
Assistant Professor at Government Law College, Coimbatore, IndiaPages 1591 - 1599This article examines the transformative role of the judiciary as a critical sentinel in environmental governance, transitioning from a passive arbiter to an active protector of ecological integrity. In nations like India, the courts have pioneered revolutionary mechanisms such as Public Interest Litigation (PIL), the Doctrine of Public Trust, and the expansive interpretation of the "Right to Life" to include a clean environment. By analyzing landmark cases ranging from the preservation of the Taj Mahal to contemporary Dutch climate litigation (Urgenda) the text highlights how judges enforce the Precautionary Principle and the Polluter Pays Principle. However, the judiciary faces significant hurdles, including technical complexity, implementation deficits, and the delicate balancing act between economic development and sustainability. The emergence of Specialized Green Tribunals and the legal recognition of the Rights of Nature represent the new frontiers of this legal evolution. Ultimately, the article argues that while the judiciary is not a panacea, it serves as the essential "conscience of the state," ensuring that short-term progress does not compromise the fundamental rights of future generations.106 views -
Pages 1600 - 1609Digital banking in India has grown faster than the laws meant to govern it. While UPI and mobile banking have made life easy, they have also opened doors for high-tech fraud putting ordinary users at risk. This paper analysis the legal gaps in the Information Technology Act, 2000, and the new DPDP Act, 2023. It argues that the current "customer-blaming" approach of banks needs to change. Through a study of recent 2026 case laws and international models like the UK's CRM code, this research suggests a new "Digital Banking Act" to protect the common man from AI-driven scams and regulatory obscurity areas and can help restore trust in the system.119 views
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Algorithmic Glass Ceilings: Evaluating Gender Neutrality in India’s Automated Workplaces
Assistant Professor at School of Legal Studies, The Neotia University, West Bengal, IndiaPages 1610 - 1615The integration of algorithmic systems into employment decision-making has reconfigured the normative foundations of workplace governance in India. While Artificial Intelligence (AI) is frequently portrayed as a neutral and efficiency-enhancing tool, its deployment in recruitment and evaluation reveals a structural paradox: algorithmic systems often replicate and entrench historical gender inequalities embedded in labor markets. This article conceptualizes this phenomenon as the “neutrality paradox” and argues that India’s existing constitutional and statutory frameworks remain inadequate to address the opacity and proxy-based nature of algorithmic discrimination. Drawing on Indian Supreme Court jurisprudence and comparative regulatory developments, the article advances an “accountability-by-design” framework grounded in substantive equality, explainability, and institutional oversight.100 views -
Critical Evaluation of India’s Cybercrime Framework
LL.M. Student at Amity University, Noida, Uttar Pradesh, IndiaPages 1616 - 1624The swift penetration of digital technologies along with the Internet has metamorphosed India into one of the fastest growing digital economies. Such a transformation has generated an increasing offensive response to the recruiting of various malfeasance, like hacking, identity theft, phishing, cyberstalking and financial fraud and to finding solutions for the protection of privacy and rights online coherent with the state. To address these threats of cybercrime, India has thrown together a legal framework moving from the Information Technology Act, 2000, the Criminal Law Amendment under the Bharatiya Nyaya Sanhita, 2023, the procedural framework under the Bharatiya Nagarik Suraksha Sanhita, 2023, and the data protection regime introduced through the Digital Personal Data Protection Act, 2023. Put together, these laws aim to regulate cyber activities, criminalize digital offences, and uphold the sanctity of an individual digital presence. The present paper with critical attention evaluates the cybercrime framework in light of the Indian legislative perspective, strengths, and weaknesses, and enforcement modalities, transnational crime, which maintain the cybercrime as an offense. It might be generalized that even though it possesses broad-based legal provisions, India requires continuous legal reforms, sustained enough enforcement institutions, more influential global cooperation and more cordially bonded collaboration.119 views -
Varieties of Juristic and Judicial Activism
Assistant Professor at Vels Institute of Science, Technology & Advanced Studies, Chennai, Tamil Nadu, IndiaPages 1625 - 1630Judicial activism has developed into a significant and evolving aspect of constitutional governance, especially within developing democracies. It reflects the judiciary’s active role in interpreting laws and constitutional provisions to ensure justice, safeguard fundamental rights, and respond to gaps or inaction by the legislative and executive branches. This article explores the different dimensions of judicial activism and evaluates their influence on both the legal system and the broader socio-political environment. The paper highlights several key forms of judicial activism. These include procedural activism, which enhances access to justice through tools like Public Interest Litigation (PIL); substantive activism, where courts employ expansive interpretations to extend the reach of fundamental rights; remedial activism, marked by innovative remedies and ongoing judicial supervision of enforcement; and structural activism, where the judiciary intervenes in governance to address deep-rooted institutional deficiencies. Together, these forms demonstrate the judiciary’s expanding function as both an interpreter of law and a protector of constitutional principles. Although judicial activism has played a vital role in promoting rights and ensuring accountability, it also raises important concerns regarding judicial overreach and the preservation of the separation of powers. The article concludes that maintaining a careful balance between judicial intervention and restraint is crucial for upholding democratic values and institutional credibility.269 views -
The Election Commission’s Role in Strengthening Democracy: Experiences of India, U.K., Australia, and Canada
Research Scholar at Department of Law, Raja Mahendra Pratap Singh University, Aligarh, IndiaPages 1631 - 1654The integrity of electoral processes is a defining element of democratic governance, and independent election commissions serve as pivotal guardians of this legitimacy. This paper examines the role of electoral management bodies in strengthening democracy through a comparative analysis of the Election Commission of India (ECI), the United Kingdom’s Electoral Commission, the Australian Electoral Commission (AEC), and Elections Canada. While sharing a common mandate of ensuring impartiality, transparency, and inclusiveness in electoral administration, these institutions exhibit considerable variation in their statutory design, scope of authority, and modes of operation. The Indian model is distinctive for its extensive regulatory and quasi-judicial powers, including enforcement of the Model Code of Conduct, whereas the U.K. commission emphasizes oversight of campaign finance and political advertising with limited direct authority over election logistics. In Australia, the AEC combines strong administrative independence with compulsory voting mechanisms, producing consistently high participation rates. Canada’s framework, by contrast, demonstrates how parliamentary accountability of a Chief Electoral Officer can safeguard credibility while promoting inclusivity, particularly for Indigenous and marginalized communities. The analysis highlights best practices such as the use of secure technologies for voter registration and ballot tabulation, tailored voter education programs, and financial disclosure systems that enhance transparency. At the same time, common challenges—ranging from political pressure and declining institutional trust to new threats posed by misinformation, social media manipulation, and cyberattacks—test the resilience of these commissions. The paper concludes that no single model is universally applicable; rather, adaptability, independence, and proactive reform are essential for electoral bodies to effectively protect democratic legitimacy in a complex and evolving global environment.228 views -
Digital Trauma and Victimology: Reforming BRICS Cyberlaws through the Lens of European Frameworks
Student at Navrachana University, Vadodara, Gujarat, IndiaPages 1655 - 1665The rapid digitalization of the BRICS nations, namely Brazil, Russia, India, China, and South Africa, has produced extraordinary economic growth over the past decade. Yet this technological expansion has moved faster than the legal frameworks designed to protect the people living within it. Cyber legislation across these countries tends to revolve around national security, data localization, and the punishment of offenders. What it consistently fails to address is the profound psychological harm that falls on victims. This paper undertakes a comparative study of cyberlaws across the BRICS bloc, examining the specific statutory gaps that leave victims exposed to prolonged emotional and psychological suffering. Drawing on research into post-traumatic stress disorder, anxiety, identity-based trauma, and the unique features of digital victimization, the paper builds the case for urgent legislative reform. It then proposes that BRICS nations look to the European Union for guidance, specifically to the General Data Protection Regulation, the Network and Information Security Directive 2022/2555, and the Digital Services Act, as models for introducing trauma-informed legal remedies, mandatory psychological support, and direct victim compensation into their own systems.134 views -
An Analysis on Trade Secret Protection in Food Industry
LL.M. Student at Sathyabama Institute of Science and Technology, Chennai, Tamil Nadu, IndiaPages 1666 - 1674Trade secrets are important in the food industry to safeguard confidential information like recipes, formulas, production methods and other processes that confer a competitive edge to food businesses. Trade secrets are not required to undergo the same scrutiny before the trade secrets (as patents) and protection does not lapse so long as the information remains confidential. Food industry tends to keep the recipes secret and the formula of the ingredients as a trade secret to retain the uniqueness of their products and establish the competitive edge in the market. Such secrets are also a source of product differentiation, brand recognition, and sustainability of the business in the food market. This research explores the notion and significance of trade secret protection in the food sector, and the use of trade secrets to maintain market competitiveness. It also explores the legal framework and regulations for protecting trade secrets at national and international level, including provisions under the TRIPS Agreement, which acknowledges undisclosed information as intellectual property. The study also assesses the techniques employed by food companies to protect their confidential information, including non- disclosure agreements, employment contracts, internal policies and procedures, documentation and record keeping, and technological controls and protection. The study also highlights various issues around trade secret protection, especially in todays digital era, with collaborations and cyber security threats. The threats that may cause the risk to the data are data leaks, insider threats, and legal complications. security of the sensitive business data. The study finds that the legal, internal and technological actions play an important role to safeguard trade secrets and encourage innovations and creativity competitiveness in the food industry.131 views -
Decriminalising Consensual Adolescent Relationships: The need for Romeo-Juliet exception under POCSO
LL.M. student at Amity University, IndiaPages 1675 - 1685The Protection of Children from Sexual Offences (POCSO) Act, 2012, was enacted to protect children from sexual exploitation and abuse. However, one of its major drawbacks is its failure to distinguish between consensual sexual activity between adolescents and abusive or coercive acts. Sections 29 and 30 of the POCSO Act impose a presumption of guilt and severe punishment for any sexual activity involving minors, irrespective of consent. This paper explores the need for a "Romeo-Juliet" exception under the POCSO Act, which would decriminalize consensual relationships between adolescents who are close in age. The study highlights how the broad provisions of Sections 29 and 30 inadvertently criminalize adolescents in mutual relationships, with no regard for their age or the consensual nature of the act. Through an examination of relevant case laws, the paper argues that the law’s rigid application does not align with the realities of adolescent relationships. It proposes introducing a close-in-age exception to prevent the criminalization of consensual acts while still protecting minors from exploitation. The research calls for a revision of the POCSO Act to incorporate this exception, along with a robust framework for sexual education that empowers adolescents with the knowledge to understand consent and relationships. The paper concludes by advocating for a balanced approach that protects minors while recognizing their autonomy in consensual relationships.142 views -
Redefining Legal Boundaries in Cyberspace: An Analysis of the Information Technology Act, 2000
Assistant Professor at School of Law, Lingaya’s Vidyapeeth, Faridabad, Haryana, IndiaPages 1686 - 1702The rapid expansion of digital technologies has fundamentally transformed communication, commerce, and governance, necessitating a redefinition of legal boundaries in cyberspace. In India, the Information Technology Act, 2000, serves as the primary legislative framework for regulating cyber activities and addressing emerging cyber threats. This paper critically analyses the effectiveness of the Act in addressing contemporary challenges, including cybercrime, data breaches, identity theft, and online content regulation. The study examines key provisions of the Act, including Sections 43 and 66 (computer-related offences), 66C and 66D (identity theft and online fraud), and Section 67 (regulation of obscene digital content), highlighting their relevance in the present digital ecosystem. It also evaluates judicial interpretations, particularly in landmark cases, Shreya Singhal v. Union of India , which significantly impacted the scope of online free speech by striking down Section 66A. Furthermore, the paper explores the limitations of the Act in addressing modern technological developments such as artificial intelligence, cross-border cybercrime, and data privacy concerns. The need for continuous legal reforms, stronger enforcement mechanisms, and alignment with global standards is emphasised. By situating the IT Act within the broader context of evolving cyber jurisprudence, this research underscores the importance of adaptive legal frameworks in maintaining a balance between innovation, security, and individual rights. Ultimately, the paper argues that redefining legal boundaries in cyberspace is essential to ensure robust governance and protection in an increasingly digital society.84 views -
Pages 1703 - 1714Disputes in mergers and acquisitions are less an exception and more a structural feature of complex corporate transactions. From valuation disagreements and warranty breaches to regulatory hurdles and post-closing friction, the scope for conflict is built into the process itself. This paper examines how Alternative Dispute Resolution (ADR) can be positioned not merely as a fallback, but as an integral part of transaction design in mergers and amalgamations. Focusing on the Indian context, the paper traces the use of ADR mechanisms such as mediation, arbitration, negotiation, and allied processes across different stages of an M&A deal. It looks at how pre-negotiation mediation and confidentiality arrangements can stabilise early discussions, how dispute resolution clauses in due diligence and transaction documents pre-empt escalation, and how arbitration and specialised mechanisms such as expert determination or dispute boards become relevant during post-closing integration. The discussion also engages with practical limits, particularly where questions of arbitrability and regulatory oversight restrict the use of private dispute resolution. Rather than treating ADR as uniformly applicable, the paper emphasises the need for calibrated use, depending on the nature of the dispute and the stage of the transaction. Through this stage-wise analysis, the paper argues that the real value of ADR in M&A lies in anticipation rather than cure. When embedded thoughtfully through ancillary agreements and tailored clauses, ADR can reduce transaction risk, contain delays, and preserve working relationships without compromising legal certainty.78 views
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Legal Challenges and Consumer Protection in India’s Digital Payment Ecosystem: A Comparative Study of UPI Regulations and Global Frameworks
Student at Amity Law School, Noida, IndiaPages 1715 - 1725This research paper takes stock of the legal battles and consumer protection regimes that shape it uniquely vis-a-vis emerging global regulatory paradigms to assess the prospects of India’s Unified Payments Interface (UPI) ecosystem. The rapid growth of payment systems in India, especially UPI (Unified Payment Interface) that started by making transactions as low as Re 1 possible, processed upwards of over 18 billion monthly in total between April - September period of this year; therefore needs solutions to balance out innovations with safeguards for consumer against misuse. The study examines three key questions: To what extent does the current legal architecture in India provide protection to consumers of digital payments? What can be learnt from recent developments in regulation in the United Kingdom, Singapore and the European Union? And how should Indian law develop to balance emerging conflicts between data protection, liability for fraud and regulation of payment systems? This study uses a doctrinal legal approach, reviewing primary sources such as the Payment and Settlement Systems Act 2007, the Digital Personal Data Protection Act 2023, RBI circulars and master directions, as well as international instruments like the United Kingdom’s APP Fraud Mandatory Reimbursement Framework and Singapore’s Shared Responsibility Framework. Much of the insight comes from specific opinions on wide gaps in India's consumer protection regime, such as the allocation of liability for authorised push payment fraud, the conflict between data protection based on consent and payments without friction, and a lack of enforcement despite rule-making. Supports strengthening remedies, including a statutory compensation system for low-value fraudulent transactions. These proposals aim to position Indian law at the forefront of digital payment governance while ensuring that consumer protection keeps pace with technological innovation.196 views -
Decoding Deception: A Critical Inquiry into Consumers’ Experiences of Corporate Greenwashing
Student at Amity Law School, Noida, IndiaPages 1726 - 1735The promotion of products and activities that are purportedly environmentally friendly is known as "greenwashing," and it is a persistent practice in commercial advertising. Customers are wary of greenwashing, according to research, as many eco-friendly merchandise statements have been proven to be untrue. The brand value of large firms is at risk due to this crisis of confidence, which brings to mind incidents from the previous ten years including insider trading, price rigging, and a lack of corporate social responsibility. The goal of this empirical research was to investigate and characterise the core of customers' experiences with greenwashing because corporate executives had little knowledge of these experiences. As customers' knowledge about the environment grew, so did their comprehension of how their buying habits affect the world around them. As a result, businesses began implementing Corporate Social Responsibility (CSR) initiatives to satisfy customer demands for ecologically conscious behaviour. Nevertheless, some businesses have begun to indulge in deceptive practices that overstate their efforts to promote sustainability as a result of stakeholder pressure on this issue. Customers are sceptical because they think this is greenwashing. This study attempts to close the knowledge gap surrounding consumers' opinions of greenwashing and the influence of unfavourable data in shaping attitudes of well-known brands.64 views -
Pages 1736 - 1745The holistic advancement of a nation is fundamentally tethered to the collective progress of its citizens, yet India’s deeply stratified social hierarchy continues to obstruct the path toward universal prosperity. While post-independence development has successfully elevated many segments of the population, the persistence of systemic inequality has necessitated the creation of targeted welfare frameworks for marginalized cohorts. Traditionally, the state has identified and supported groups such as Scheduled Castes, women, and the disabled; however, the transgender community remains an outlier—widely acknowledged in presence but systematically excluded from the socio-economic mainstream. This community faces an arduous landscape of pervasive discrimination, particularly within the critical pillars of education, healthcare, and the professional workforce. Such exclusion not only stifles individual potential but also hinders the nation’s broader upliftment by maintaining a vast disparity in opportunities. This paper examines the urgent transition from mere social recognition to active institutional integration. It argues that the current "natural resources ecosystem" is insufficient for the advancement of gender-diverse individuals without robust, specialized state intervention. Achieving true equity requires a fundamental shift in institutional "cultural competence," demanding that professionals in schools and medical facilities move beyond passive tolerance toward the active protection of transgender youth's rights and personal choices. The study asserts that the normalization of gender diversity is a prerequisite for constitutional morality and national success. Ultimately, the authors intend to advocate for the formal inclusion of transgender persons within India’s welfare state while challenging professionals to dismantle the systemic biases that perpetuate their marginalization. By bridging the gap between legal theory and cultural practice, the nation can finally dismantle the barriers that prevent this vulnerable segment from contributing to and benefiting from the national narrative.112 views
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Death with Dignity under the Right to Life: Tracing the Path from Living to Leaving
Research Scholar at Maharashtra National Law University, Nagpur, IndiaPages 1746 - 1751After the rapid advancement in the field of medical technology has fundamentally altered the natural course of life and death, enabling the artificial prolongation of life even in cases where recovery is near impossible. These developments has brought to the forefront a very complex and sensitive question, that whether life must be preserved at all costs, even when in the absence of consciousness, dignity and hope of recovery. In this context, the concept of euthanasia emerges as a critical legal and ethical issue, with respect to India, where passive euthanasia is permitted under strict guidelines while active euthanasia continuous to be prohibited. This article examines the evolving concept of right to die with dignity as per Article 21 of the Constitution of India. In India, there are few landmark judgements with regard to euthanasia including Gian Kaur, Aruna Shanbaug, and Common Cause Vs. Union India, as well as recent developments in the case of Harish Rana, the study highlights the legal recognition of passive euthanasia as an extension of the right to life. It further explores the difference between active and passive euthanasia, highlighting the ethical and legal implications of withdrawing life-sustaining treatment. The present article also highlights prolonged cases of irreversible medical conditions. It focuses on the realities of patients and caregivers, with eventually leads to emotional distress, financial strain, and the burden of decision making. It reflects on the shifting of societal mindset towards euthanasia, where the emphasis is gradually moving from mere survival to the quality of life. However, the idea of euthanasia still remains a new concept for the traditional society, which is influenced by cultural, moral and religious beliefs. The normalization of passive euthanasia this demands a cautious and balanced approach, which also requires legal frameworks and safeguards. This article positions euthanasia not merely as a question of death, but also throws light into dignity and compassion at the end of life, urging a re-examination of what it truly means to “let go” in a humane and just society.189 views -
Indian family and succession law has, for generations, been built upon a binary understanding of gender. The result is a legal architecture that renders transgender persons structurally invisible — unable to adopt, uncertain in their inheritance rights, and compelled either to conform to categories that do not reflect their identity or to forgo legal recognition altogether. This paper examines the position of transgender persons within adoption and inheritance regimes in India, analysing the Hindu Adoption and Maintenance Act 1956, the Juvenile Justice (Care and Protection of Children) Act 2015, the Hindu Succession Act 1956, the Muslim Personal Law (Shariat) Application Act 1937, and the Indian Succession Act 1925. Drawing on the constitutional foundations established in National Legal Services Authority v Union of India (2014) and the doctrinal developments that followed, the paper argues that the continued reliance on binary gender structures undermines the constitutional guarantees of equality and dignity embedded in Articles 14, 15, 19, and 21. It further contends that judicial reading-in of transgender persons into male or female categories, while preferable to outright exclusion, is neither a principled nor a durable solution. Substantive equality demands gender-neutral legislative reform.82 views
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Pages 1768 - 1790There are some constant foundational values in the Constitution of India guaranteed in respect of dignity, liberty and equality. Nevertheless, the application of these principles is controversial in the case of intersex babies who have irreversible medical procedures performed on them without their consent. Intersex people are those who are characterised by having variations in the chromosomal, gonadal or anatomical sex traits that do not conform to conventional binary classifications. In spite of the existence of such natural biological diversity, legal frameworks, medical practices and social institutions in India continue to operate into a rigid sex binary. This dissertation is a critical examination of the constitutional validity of non-related and "normalising" surgeries performed on intersex infants. The procedures are usually authorized by parental consent by the doctrine of substituted decision-making and most often justified by the basis of anticipated social integration. However, such interventions give rise to some serious constitutional issues, especially when it comes to bodily integrity, decisional autonomy & the right to privacy as protected under Article 21 of the Constitution. The study conceptualises the condition of intersex children in the form of a triadic structure of disadvantage consisting of medical authority, societal pressure and legislative inaction creating what can be termed as a "triple burden." It embarks on doctrinal analysis on constitutional jurisprudence with special reference to landmark decisions, such as National Legal Services Authority vs. Union of India and Justice K.S.Puttaswamy v. Union of India, and emerging kind of legal development such as the petition in Gopi Shankar v. Union of India, centred on the issue of intersex rights not being referred to in any statute. The research is methodology has a mixed approach. The doctrine includes analysis of constitutional provisions, statutory frameworks, judicial precedents and international human rights standards. This is augmented by an empirical investigation through qualitative interviews with subject matter experts and survey based data conducted for an understanding of the influence of socio-cultural norms influencing parental decision -making in medical situations. The dissertation ultimately calls for the ascribed intersex rights within the constitutional framework of dignity and autonomy. It moves the normative proposition of a "right to defer" as pointing towards the postponement of non-therapeutic medical interventions until an individual is able to give an informed consent. The study ends with a suggestion of a proposed structured constitutional/legislative model aimed to protect the bodily integrity and future autonomy of the intersex children in India.115 views
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Gendered Displacement: Protecting Refugee Women and Girls from Persecution and Violence
Student at School of Law and Justice, Adamas University, West Bengal, IndiaPages 1791 - 1810This paper explores the gendered dimensions of forced displacement, highlighting how women and girls face disproportionate burdens due to gender-based violence (GBV), including domestic abuse, female genital mutilation, forced marriage, honour killings, and systemic oppression (e.g., Taliban-era Afghanistan). It traces risks across origin countries, perilous journeys, and host settings, worsened by 2025 humanitarian funding cuts. The study examines the 1951 Refugee Convention and 1967 Protocol, interpreted through UNHCR guidelines to recognise gender-related persecution under "particular social group." It analyses the judiciary's evolving role, focusing on three landmark 2024 CJEU rulings that advanced gender-sensitive asylum claims for domestic violence, equality-based identity, and systemic discrimination against Afghan women. In India, a non-signatory lacking dedicated refugee law, the paper reviews constitutional protections under Articles 14 and 21, key Supreme Court cases on non-refoulement (including Rohingya petitions), and persistent gaps due to executive-driven policies. Drawing on CEDAW GR 32, the Istanbul Convention, and broader human rights frameworks, the paper calls for comprehensive gender-sensitive refugee legislation in India, enhanced judicial training, stronger UNHCR and women-led organisation partnerships, and prioritised access to services, empowerment, and global responsibility-sharing to transform vulnerability into agency and dignity for refugee women and girls.151 views -
Passive Euthanasia: A Right to Die with Dignity and not a Threat to the Sanctity of Life
Student at IIMT University Meerut, Uttar Pradesh, IndiaPages 1811 - 1816Passive euthanasia has become one of the most controversial questions of the constitutional law, medical ethics and human rights. The main concern is whether any life-sustaining treatment that is withdrawn to allow a person to die, sacrifices the sanctity of life or, on the other hand, the basic right to live, and die with dignity. According to this article, passive euthanasia does not pose a threat to the sanctity of life but on the contrary, is a continuation of the right to dignity as guaranteed in Article 21 of the Constitution of India. The paper will explore the history of Indian jurisprudence on the right to die starting with the initial judicial interpretations of the right and finally ending with the landmark decisions on the right, including Aruna Ramchandra Shanbaug v. Union of India and Common Cause v. Union of India. These rulings have acknowledged passive euthanasia and confirmed the idea of living wills, thus acknowledging the autonomy of people to make end-of-life choices. The paper also makes a difference between passive and active euthanasia with the latter being the process of letting natural death occur as opposed to causing it. From an ethical perspective, the principles of autonomy, beneficence, and dignity support the legality of passive euthanasia. The issues of possible abuse and loss of ethical principles are also raised in the article, with particular focus on the procedural safeguards that have been instituted to prevent such misuse by the courts, such as medical board sanctions and judicial restraint. Comparative analysis of international practices indicates that, the reserved but progressive nature of the Indian is in tandem with the world trends, but still values the sanctity of life to a great extent. Finally, the article concludes that passive euthanasia is indicative of a humane legal system that reconciles the rights of individuals with the values of the society so that dignity is not lost even in the end of life.186 views -
The Erosion of the Public Trust: A Socio-Legal Analysis of the Conflict between Infrastructure Development and the Forest Rights Act in Post-Pandemic India
Student at KIIT School of Law, KIIT University, Bhubaneshwar, Odisha, IndiaPages 1817 - 1832Indian environmental law has traditionally been founded on the three-pillared structure of Public Trust Doctrine, Precautionary Principle, and Sustainable Development. However, in the aftermath of the pandemic decade, a palpable shift in focus towards “ease of doing business” has led to a series of legislative and executive measures which erode these foundational principles of environmental law and industrial growth. This paper aims to critically analyze the apparent tension between the rapid expansion of infrastructure facilitated by a watering down of Environmental Impact Assessment Notification and significant changes in the Forest Conservation Act, 1980, and the legal protections granted to indigenous communities under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. A doctrinal and socio-legal analysis of recent judicial pronouncements and executive actions in conjunction with the Forest Conservation Amendment Act, 2023 reveals a fundamental breach of intra-generational equity by the state in assuming a role from mere custodianship of environmental resources towards becoming facilitators of de-reservation. Building on the Niyamgiri verdict and the Supreme Court’s denouncement of ex-post facto clearances in Alembic Pharmaceuticals Ltd. v. Rohit Prajapati and the 2025 decision in Vanashakti, a new framework is proposed whereby Gram Sabha consent is made binding, National Green Tribunal institutional autonomy is strengthened, and environmental law is recognized as more than a mere procedural aspect of development.115 views -
Revisiting Arbitral Finality: A Critical Study of India’s Arbitration and Conciliation (Amendment) Bill, 2024 in light of the Gayatri Balasamy Judgment
Research Scholar at Faculty of Law, University of Lucknow, IndiaPages 1833 - 1849This article revisits the tension between arbitral finality and narrowly tailored judicial correction in India by analysing the Supreme Court’s Gayatri Balasamy judgment alongside the Draft Arbitration & Conciliation (Amendment) Bill, 2024. It asks which draft provisions meaningfully expand court intervention, how the Constitution Bench framed the scope and limits of partial setting-aside and severance, and whether the Bill and the decision move Indian arbitration law in compatible or conflicting directions. Using doctrinal and comparative methods close reading of statute, precedent, and the Draft Bill the paper identifies the Draft’s key innovations (express partial set-aside, remittal mechanics, an optional Appellate Arbitral Tribunal, tightened award-content rules, and emergency-arbitrator provisions) and evaluates how each aligns with or departs from the Court’s attempt to preserve finality while allowing “surgical” corrections. The study finds that the majority in Gayatri Balasamy endorses limited, face-apparent corrections (clerical fixes, severance of separable illegal parts, narrow interest adjustments, and exceptional Article 142 relief) but leaves open doctrinal ambiguities that the Draft Bill partly fills yet not without risks of divergent application and tactical litigation. The article concludes with concrete statutory wording and judicial tests designed to protect arbitral autonomy, minimise merits re-appraisal, and channel post-award remedies into a predictable, efficient framework.94 views -
Pages 1850 - 1857The rapid transformation of family structures in Punjab, driven largely by Non-Resident Indian (NRI) migration, has led to profound social and legal challenges, particularly in the sphere of elderly care. Traditional joint family systems that once ensured emotional, economic, and physical support for aging parents are increasingly replaced by nuclear and transnational families. In high out-migration districts such as Jalandhar, Hoshiarpur, Shaheed Bhagat Singh Nagar, Ludhiana, and Moga, villages are witnessing rising numbers of elderly persons living alone, resulting in what may be described as “empty villages.” This study examines the social consequences of migration-induced family separation alongside the legal frameworks governing elderly welfare. It critically analyses the implementation of laws such as the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which legally obligates children—including those residing abroad—to provide maintenance and care for their parents. The paper explores the gap between legal provisions and practical enforcement, particularly in cases involving NRIs, cross-border jurisdiction issues, property disputes, and delays in legal redress. Further, the research highlights emerging legal concerns related to property management, inheritance conflicts, misuse of power of attorney, and elder abuse, which disproportionately affect elderly individuals living alone in rural Punjab. While remittances from abroad enhance material security, they often fail to ensure legal protection, emotional well-being, or access to timely care. The absence of robust village-level legal awareness and institutional support exacerbates the vulnerability of senior citizens. By integrating sociological analysis with legal perspectives, this paper argues that the elderly care crisis in Punjab’s empty villages is not merely a social issue but also a matter of rights, legal accountability, and state responsibility. The study emphasises the need for stronger enforcement mechanisms, legal literacy programs, NRI-sensitive policy frameworks, and community-based support systems to protect the dignity and welfare of the aging population. Addressing these challenges is essential for achieving socially just and legally sustainable rural development in punjab95 views
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Pages 1858 - 1868The blistering development of artificial intelligence has essentially changed the framework of economic, social, and regulatory organizations all over the world. From predictive analytics in financial markets to automated decision-making within public administration, machine-learning technologies have moved beyond experimental stages to become integral components of governmental infrastructure. Such changes in technology have inevitably permeated the field of corporate governance and changed the nature of corporate management, monitoring and regulation. While AI offers unprecedented insights, speed, and efficiency, it also raises questions about bias, accountability, transparency, and trust. As governance frameworks evolve, striking the right balance between innovation and oversight becomes essential. This article discusses concept on how artificial intelligence is transforming corporate governance and what Changes it has introduced in corporate sector. The study explores the director’s liability, specific regulations for the use of AI, Types of AI, evolution of corporate governance and the benefits of AI-driven governance.92 views
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Trademark Protection of Virtual Goods and Services in the Metaverse: A Doctrinal Inquiry into the Indian Legal Framework
Research Scholar at Faculty of Law, University of Lucknow, IndiaPages 1869 - 1885The movement of brands into immersive virtual spaces has exposed the limits of assumptions that once tied trademark law to tangible markets. Businesses increasingly sell downloadable apparel, avatar accessories, branded digital environments, token-gated experiences, and metaverse-based entertainment under signs that either reproduce or closely evoke marks already established in offline trade. This paper asks whether the Trade Marks Act, 1999, framed in an earlier commercial setting, can adequately protect trademarks when the relevant goods and services are virtual rather than physical. It argues that Indian trademark law is sufficiently flexible to respond to many of these disputes, but only if courts and administrators adopt a clearer approach to classification, digital use, and platform-mediated infringement. The analysis draws on the Trade Marks Act, 1999, developments in the Nice Classification concerning virtual goods and services, guidance issued by WIPO, EUIPO, and the USPTO, and Indian case law on internet-based infringement, intermediary participation, and online jurisdiction. The paper contends that India does not need an entirely separate trademark statute for metaverse commerce. What it does need is a more explicit interpretive framework that treats virtual goods as commercially cognizable products, regards immersive brand display as trademark use in the course of trade, and coordinates private enforcement with intermediary obligations in digital ecosystems.126 views -
Implementation Gaps in India’s OSH code 2020: Balancing Social Security and Occupational Safety for Gig and Migrant Workers
Student at The Tamil Nadu Dr. Ambedkar Law University, IndiaPages 1886 - 1894The Code on Occupational Safety, Health and Working Conditions, 2020 is a significant step towards consolidating India’s fragmented central labour laws by integrating 13 central labour laws into a single unified framework and ensuring occupational safety and welfare, especially for unorganised workers. However, despite its progress, the Code faces implementation gaps, particularly due to weak enforcement mechanisms and a shortage of labour inspectors. These gaps affect gig workers, platform workers, and migrant workers, who constitute a large workforce in India and remain largely outside the purview of formal regulatory protection. There is a lack of awareness among these workers regarding registration through the e-Shram Portal, which further exacerbates their vulnerability. Nearly 90% of India’s workforce is engaged in the informal sector, and this paper argues for the elimination of the wage ceiling in order to ensure inclusive coverage, the adoption of risk-based inspection, the provision of unemployment insurance coverage for emerging forms of employment, and the implementation of phased digital reforms through an Aadhaar-linked e-Shram Portal. The study emphasises the need to transform occupational safety into a cornerstone of labour governance, ensuring equitable protection for all categories of workers.260 views -
Pages 1895 - 1908Insider trading is a big problem because it messes up the fairness of the market. Individual with possession to unpublished price sensitive information (UPSI) gets an unfair advantage over regular investors. This basically breaks the trust in the security market. In our country, “Securities and Exchange Board of India” (SEBI) is the primary body preventing as well as regulating insider trading. The SEBI Act of 1992 established SEBI’s foundation and granted it statutory authority to oversee the securities market. This study critically evaluates SEBI's effectiveness in regulating and preventing insider trading through an analysis of the provisions of the SEBI (Prohibition of Insider Trading) Regulations, 2015, along with Sections 11, 12A, and 15G of the SEBI Act of 1992. It demonstrates how the regulatory framework relating to insider trading in India developed over the decades, gradually through the recommendations of various committees like Sachar Committee (1979), Patel Committee (1986), and Abid Hussain Committee(1989) with resulted in extensive 2015 Regulations, which introduced ideas like trading plans, structured digital databases, improved disclosure standards, and the informant mechanism. Several judicial and appellate interpretations such as “Rakesh Agrawal v. SEBI, Hindustan Lever Ltd. v. SEBI, Reliance Industries Ltd. v. SEBI, and Shruti vora v. SEBI (WhatsApp Leaks Case)” , have shaped evidentiary standards and clarified the scope of liability, the study further assesses the effectiveness of SEBI's enforcement. Despite SEBI’s broad investigative and corrective authority, including the ability to restrict market access, disgorge, and impose significant financial penalties, there are still practical challenges in proving UPSI possession and communication, dealing with technically complex trading strategies, and ensuring timely adjudication. The study comes to the conclusion that, despite the fact that SEBI's regulatory framework has become more stronger now and closer to international best practices, there is still work to do, further reforms in technology for monitoring trades, more cooperation with other agencies, and faster legal procedures are necessary to improve deterrence and maintain investor confidence in India's developing securities market.116 views
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From Street Corners to Social Media: Recalibrating the Hate Speech Threshold in Modern Democracies
Student at Institute of Legal Studies and Research, GLA University, Mathura, IndiaPages 1909 - 1913Traditionally, both hate speech and free speech revolved around physical means such as rallies, demonstrations, violence, etc. But today, the right to speech and expression is being exercised mostly through digital platforms and algorithms. According to an Ipsos survey, two in three people often encounter hate speech online . The environment of expression of opinion has changed globally. Today, most modern democracies, including India, USA, and many European nations, struggle with the legal issues of regulating the content and communication on digital platforms. Countries still lack the standards for preventing online hate. For countries that have legal framework for online hate, face gap in effectively regulating practices such as radicalism, dog whistles, etc. This calls for an inclusive, modern, innovative, and comprehensive legal frameworks which accounts for all forms of online speech. This article argues that modern democracies should shift from traditional over-regulation on free speech, instead, it should recognise the role of digital speech and online content in eroding unity and equality before violence erupts. It examines the historical context, transformation, challenges, case studies, and the role of social media in free speech and expression. This articles also proposes legal and policy innovations to balance democratic expressions with digitally amplified hate.124 views -
Teacher Wellbeing, Burnout, and Resilience Training in Teacher Education
Assistant Professor at Amity Institute of Behavioural and Allied Sciences, Amity University, Noida, U.P., IndiaPages 1914 - 1942Teacher wellbeing and burnout represent critical challenges in education systems worldwide, with 25-40% of early career teachers leaving the profession within their first five years. This systematic review synthesizes evidence from 30 highly relevant studies examining interventions designed to enhance teacher wellbeing, prevent burnout, and build resilience within teacher education programs. The review encompasses diverse intervention approaches including mindfulness-based programs, cognitive-behavioral therapy (CBT) workshops, emotional intelligence training, and comprehensive resilience frameworks such as Building Resilience in Teacher Education (BRiTE). Findings demonstrate that structured wellbeing interventions embedded within pre-service teacher education can significantly reduce stress, anxiety, and burnout symptoms while enhancing resilience, self-efficacy, and professional commitment. Mindfulness-based interventions consistently show medium to large effect sizes across multiple wellbeing outcomes, while CBT-based approaches effectively improve emotional regulation and stress management. The evidence strongly supports the integration of systematic wellbeing training into teacher education curricula as a preventive strategy to address the teacher retention crisis and promote sustainable teaching careers.154 views -
Challenges of Technology Transfer in the TRIPS Agreement
LL.M. student Christ University, Delhi NCR, IndiaPages 1943 - 1951The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was designed not only to standardise intellectual property protection but also to promote technology transfer to developing and least-developed countries. However, despite these objectives, the promise of equitable technology dissemination remains largely unfulfilled. This paper critically examines the legal framework governing technology transfer under TRIPS, focusing on the ambiguity and enforceability of Article 66.2, the tension between intellectual property protection and public interest under Articles 7 and 8, and the impact of TRIPS-Plus agreements in limiting developmental flexibilities. The study argues that the obligations relating to technology transfer under TRIPS are predominantly aspirational rather than binding, due to vague language, weak monitoring mechanisms, and limited enforceability within the WTO dispute settlement system. Additionally, the growing prevalence of TRIPS-Plus provisions in bilateral and regional agreements further constrains the policy space available to developing countries. By analysing treaty provisions, state practice, and scholarly perspectives, the paper highlights the structural imbalance within the TRIPS framework, which prioritises intellectual property protection over development objectives. It concludes by proposing clearer definitions, stronger accountability mechanisms, and a more development-oriented interpretation of TRIPS to ensure meaningful technology transfer and reduce global inequalities.133 views -
Pages 1952 - 1983This research paper provides a comprehensive legal analysis of private placement under the Companies Act, 2013. It evaluates statutory provisions, procedural requirements, judicial interpretations, and regulatory developments. The study adopts a doctrinal approach while incorporating critical perspectives to assess the effectiveness of the law in balancing capital formation with investor protection. The report also examines practical challenges faced by companies and suggests reforms for improving efficiency. The analysis reflects a structured academic understanding suitable for LLB-level study and emphasizes clarity, legal reasoning, and interpretative depth.92 views
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Pages 1984 - 2000The regulation of offshore investments and financial disclosure obligations has become one of the most consequential frontiers of international tax law and global financial governance. The month of April 2025 emerged as a watershed moment in this evolving legal landscape, marked by the intersection of three significant developments: the deadline for foreign reporting companies to file Beneficial Ownership Information (BOI) under FinCEN's interim final rule implementing the Corporate Transparency Act (CTA); continued enforcement obligations under the Foreign Account Tax Compliance Act (FATCA) and the OECD's Common Reporting Standard (CRS) framework; and the broader juridical fallout from extensive constitutional litigation challenging the architecture of mandatory offshore disclosure in the United States. This paper undertakes a comprehensive doctrinal, comparative, and empirical legal analysis of offshore disclosure norms with specific focus on the challenges crystallised during April 2025. It critically examines the legislative foundations of FATCA, BSA/FBAR obligations, the CTA, and the CRS, identifying structural inconsistencies, jurisdictional asymmetries, and enforcement gaps that persist despite decades of regulatory evolution. Drawing upon seminal academic literature from scholars including Zucman, Marian, Fenwick, McCahery, and others, the paper situates current developments within the broader theoretical debates surrounding tax sovereignty, information privacy, and the efficacy of voluntary versus mandatory disclosure frameworks. The paper identifies a significant research gap in the legal scholarship pertaining to the constitutionality of extraterritorial disclosure mandates and the post-CTA rollback impact on anti-money laundering (AML) architecture. It concludes with critical recommendations for a coherent multilateral disclosure framework that balances state revenue interests with individual privacy rights and cross-border enforcement challenges.117 views
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Deepfake Manipulation and Criminal Responsibility: A Cyber Analysis of Creation and Sharing of Deepfakes
Student at Lloyd Law College, Greater Noida, Uttar Pradesh, IndiaPages 2001 - 2019Deepfake technology is an artificial intelligence (AI) and machine learning (ML) technology used to create hyper-realistic social imagery, videos, and audio records. This technology will be used to create materials that sound and appear to be produced by an actual human being through its use of face-swapping algorithms and voice-cloning methods. Although deepfakes were created as an entertainment and creative tool, they have also been used more often in a more fraudulent and unlawful way, such as identity theft, non-consent pornography, and spreading misinformation. These innovations have been a cause of concern in the sphere of cyber law. As a paper that examines criminal responsibility, it discusses the creation and distribution of deepfake content through the lens of the current laws on cyber law. Along with the continually growing sophistication of deepfake technology and its accessibility, this threat is growing to the personal privacy, honour, and credibility, becoming a powerful tool of blackmail, defamation, and reputation damage, which is not inherently limited to prominent individuals but also to ordinary citizens. The research takes three important dimensions. First, it discusses the legal ambiguity on the questions of jurisdiction, as the deepfake technology is reported to work well across the borders of countries but the information technology laws do not provide substantial measures to determine the cross-border cyber disputes. Second, it assesses the sufficiency of the current laws, which do not introduce a clear definition of deepfakes and a full-scale regulatory system. Third, it investigates the necessity of controlling the platforms, software that allow creating deepfakes, and not only the content that is produced, and suggests possible legislative enhancements.168 views -
Fake News, Paid News, and Trial by Media: Examining Press Freedom Boundaries in India’s Electronic and Social Media Landscape
Research Scholar at Mahatma Gandhi Kashi Vidyapith, Varanasi, Uttar Pradesh, IndiaPages 2020 - 2040The expansion of social and electronic media in India has brought with it a set of deeply troubling speech-related practices that sit at the intersection of press freedom, democratic accountability, and constitutional rights. Fake news spreads through private messaging networks and amplifies communal tensions. Paid news corrupts electoral communication by disguising commercially purchased content as independent journalism. Trial by media convicts accused persons in the court of public opinion before any judicial determination. Sting operations, though sometimes vital for exposing corruption, can cross into entrapment and invasion of privacy. Each of these phenomena raises distinct constitutional questions, but they also share a common feature: they each involve the misuse of the freedom guaranteed under Article 19(1)(a) of the Constitution of India in ways that damage democratic discourse, individual rights, and public trust. This article examines these four phenomena as constitutional and regulatory problems. It analyses their nature, their harms, and the legal responses available under Indian constitutional law, criminal law, and media regulation. It draws on landmark judicial decisions, Law Commission reports, and Press Council findings to evaluate whether the existing framework is adequate and constitutionally coherent. The article argues that while Indian jurisprudence has developed important protective doctrines, significant regulatory gaps remain. These gaps are particularly sharp in the digital environment, where each of these practices is amplified by the speed, scale, and anonymity of online communication. The article concludes by outlining the principles that should guide a constitutionally sound regulatory response, one that addresses genuine harm without suppressing legitimate investigative journalism, political criticism, and public interest speech.194 views -
Judicial Recognition of Passive Euthanasia in India: A Critical Analysis of Supreme Court Jurisprudence and the Right to Die with Dignity
Student at Jagran Lakecity University, Bhopal, M.P., IndiaPages 2041 - 2072The question of whether an individual possesses a constitutionally enforceable right to die with dignity has emerged as one of the most intellectually demanding and morally intricate questions confronting Indian constitutional jurisprudence in the contemporary era. Situated at the confluence of fundamental rights, biomedical ethics, and evolving human rights norms, the judicial treatment of passive euthanasia in India reflects a gradual yet decisive normative shift from near absolute prohibition to qualified constitutional recognition under Article 21 of the Constitution of India. This paper undertakes a rigorous critical examination of the judicial architecture governing end-of-life decision-making in India, tracing its doctrinal evolution through a sequence of watershed Supreme Court pronouncements. The analysis proceeds through four critical stages: the foundational recognition of passive euthanasia as legally permissible in Aruna Ramachandra Shanbaug v. Union of India ; its constitutional elevation and the validation of Advance Medical Directives in Common Cause v. Union of India ; the procedural liberalization introduced through the Supreme Court's 2023 modifications ; and the operational crystallization achieved in Harish Rana v. Union of India (2026) , which meaningfully extended the definition of medical treatment to encompass Clinically Assisted Nutrition and Hydration. Adopting a doctrinal legal methodology, the paper draws upon primary judicial sources, Law Commission of India Reports , and comparative international legal frameworks to assess the efficacy and shortcomings of the prevailing regime. The central findings reveal a persistent implementation deficit despite the Common Cause judgment's robust theoretical affirmation of patient autonomy; the original procedural safeguards imposed excessive institutional burdens, fostering physician reluctance and contributing to a discernible rise in terminal discharges against medical advice. While the subsequent judicial interventions have alleviated some of these structural impediments, considerable ambiguities persist with respect to digital registry infrastructure, the capacity of rural healthcare institutions, and the resolution of intra-family disputes over end of life choices. The paper concludes that although the Supreme Court has constructed a constitutionally sound and progressively sensitive foundation for the recognition of passive euthanasia, the continued absence of comprehensive parliamentary legislation constitutes a critical lacuna that frustrates the meaningful realisation of this right in practice. Immediate legislative intervention is warranted to establish uniform, culturally attuned, and technologically integrated end-of-life care protocols that translate judicial intent into accessible, ground-level reality.191 views -
Director Accountability for Greenwashing in ESG Reporting: A Corporate Governance Perspective
Assistant Professor in Law at KMC College of Law, Tirupur, Tamil Nadu, IndiaPages 2073 - 2080Environmental, Social and Governance (ESG) reporting has emerged as a significant component of modern corporate disclosure practices. Sustainability narratives increasingly influence investor confidence, regulatory scrutiny, and corporate reputation. Despite this growing importance, legal responses to misleading environmental claims-commonly described as greenwashing-have largely been framed within the domain of consumer protection and advertising regulation. Such an approach overlooks the governance structures through which sustainability disclosures are developed and authorised. This article argues that misleading ESG disclosures should be examined through the lens of directors’ fiduciary duties. Sustainability reports are frequently reviewed and approved at the board level, and inaccurate environmental representations may expose corporations to regulatory penalties, investor litigation, and reputational damage. In such circumstances, the duties of care, good faith, and loyalty owed by directors assume particular relevance. Drawing upon Indian corporate law provisions, judicial precedents, and emerging sustainability reporting frameworks, this article demonstrates that current enforcement approaches inadequately connect ESG disclosures with board-level oversight. Strengthening the fiduciary dimension of sustainability governance is therefore necessary to ensure that corporate environmental commitments move beyond symbolic compliance towards genuine accountability.109 views -
The application of forensic evidence in criminal investigation and judicial proceeding has earned very significant concentration in last years, with progressively reliance on much of the forensic evidences in court of justice. In criminal investigation forensic evidences has the possible to offering attention benefit in the criminal investigation and justice system, such like power and reliability of evidences, quality of evidences, discharge of innocent and helpful for recognize the criminals. Also, forensic evidences can produce a high range of suggestions and challenges, which involves legal, cultural, technical and institutional. This research paper highlights the impact of forensic evidences on the criminal judicial proceedings in India, also examines the challenges and opportunities. The paper explores the fundamental principles of forensic science and future directions of forensic evidences in criminal justice system in India. Mainly, the study aims to provide perceptions into how forensic evidences successfully consolidated into Indian legal framework during introducing customary concerns which makes the integrity of the Indian justice system.78 views
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Beyond Biology: Menstrual Leave and Substantive Equality – A Feminist Legal Perspective in India
Assistant Professor at St. Mother Teresa Law Degree College, Lucknow, Uttar Pradesh, IndiaPages 2091 - 2108There is a sentence that half the working population of India has never been able to say out loud in the office: "I am in pain because I am menstruating, and I need to rest." This paper argues that the inability to say that sentence and the law's failure to protect the right to say it is not a small inconvenience. It is a constitutional failure. Drawing on feminist legal theory and the doctrine of substantive equality, this paper makes the case that menstrual leave for working women in India is not a demand for special treatment. It is the bare minimum that a just legal system owes to half the people it governs. The paper critically examines the Supreme Court's landmark ruling in Dr. Jaya Thakur v. Government of India & Ors. (2026), which elevated menstrual health to a fundamental right under Article 21- alongside its contradictory March 2026 dismissal of Shailendra Mani Tripathi v. Secretary, Ministry of Women & Child Development, where the Court warned that mandatory menstrual leave would make women "unhireable." It examines India-specific empirical data, real case studies, the intersectional burden on Dalit and informal sector workers, India's CEDAW obligations, a comparative analysis of global policy designs, and a systematic doctrinal rebuttal of the March 2026 judgment. It proposes a draft Menstrual Health and Workplace Welfare Act and argues that law as it did with workplace sexual harassment can break the taboo around menstruation and make what is currently unsayable a matter of ordinary, protected right. The argument is simple, the evidence is overwhelming, and the case is unanswerable: India must legislate menstrual leave now.134 views -
Dr. Jaya Thakur vs. Govt. of India (2026, SC): The Expanding Horizons of Feminists’ Jurisprudence of Fundamental Rights
Student at SMS Law College, Varanasi, IndiaPages 2109 - 2115The present article attempts to highlight the significant development in women-empowerment under fundamental rights by incorporating a new right i.e. Right to Menstrual Health under Art.21.The article presents a timeline development of judicial responses which give a concrete shape to women rights in the supreme charter of India. Furthermore, menstrual health & its connection with education to tender age of girls also facilitates a new emergence of analytical reasoning to Art.21.In this analysis, the approach of the Supreme Court is also examined to provide a clear and lucid reasoning of the basis of such decision.145 views -
Pages 2116 - 2121For many years, India's insolvency situation was limited to its borders, leaving a huge blind spot in a time when companies operate all over the world. Although the Insolvency and Bankruptcy Code (IBC) of 2016 revolutionized domestic debt resolution, it did not address the issue of assets and creditors located in various nations. This article explores India's pressing and long overdue adoption of the UNCITRAL Model Law on Cross-Border Insolvency . We examine why waiting for the government to sign separate treaties with each nation was never a practical solution. I analyse the conflict between Indian law and international norms using actual cases, such as the Jet Airways scandal. The Insolvency and Bankruptcy Code (Amendment) Bill, 2025, is the main topic of conversation. What Is stopping us? Finding a company's "Centre of Main Interests" is simple on paper, but in the age of digital offices and shell corporations, it can be extremely difficult. It is extremely demanding to ask our NCLT benches, who are already overworked, to coordinate with foreign judges. The outlook remains positive in spite of these obstacles. Legal neatness is only one aspect of moving toward a single international standard; another is making India a more secure and reliable location for foreign investors.118 views
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Boundary settlement being the formal administrative and legal demarcation of the land boundaries, they constitute a foundational mechanism for securing the property rights and effective local governance in the country. In the State of Tamil Nadu, it is governed by the Survey and Boundaries Act, 1923 where the process operates through the revenue administration to transform uncertain and disputed land boundaries into records and legally recognized demarcations. By analysing the statutory framework governing the boundaries, procedures followed and opting for an alternate dispute resolution system and also emphasizing on how the settlement contributes to strengthening of the property rights and preventing encroachments. This study analyses the statutory framework governing boundary settlement, the procedures involved, and the potential for adopting alternative dispute resolution mechanisms. It further emphasises the role of boundary settlement in strengthening property rights and preventing encroachments. The findings indicate that clear boundary demarcation significantly enhances jurisdictional clarity, improves revenue collection, and promotes inter-departmental coordination. However, the implementation process continues to face challenges arising from outdated cadastral records, inconsistent maintenance of survey markers, risks of corruption, and the limited enforceability of statutory provisions. Accordingly, the study highlights the necessity for institutional reforms, including the effective implementation of the Digital India Land Records Modernisation Programme, the adoption of drone-based surveying technologies, and the strengthening of enforcement mechanisms. When supported by such reforms, boundary settlement can play a critical role in reinforcing local governance and safeguarding land rights.68 views
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Ashok Kumar Yadav vs. State of Haryana
Student at Symbiosis Law School, Nagpur, Maharashtra, IndiaPages 2134 - 2138The case of Ashok Kumar Yadav addresses the constitutional validity of the recruitment process conducted by the Haryana Public Service Commission (HPSC), specifically regarding personal bias and the arbitrary weightage of oral interviews. Candidates challenged the selection process after high-scoring written exam performers were displaced by those with high viva voce marks, which accounted for an excessive 33.3% of the total score for ex-servicemen. The Apex court by applying Articles 14 and 16 of the Constitution, ruled that while interviews are essential for assessing personality, such high weightage is disproportionate and undermines objective merit. By citing the case of A.K. Kraipak, the Apex court emphasized the Doctrine of Necessity, mandating that board members recuse themselves if relatives are appearing to avoid a conflict of interest. The judgment established a vital precedent in Indian administrative law by balancing judicial restraint with the need for transparency, fairness, and the prevention of nepotism in public employment.294 views -
Cyber Frauds in Digital Banking: Legal Challenges and Preventive Framework in India
Pursued PhD from Department of Business Management, Rashtra Santh Tukdoji Maharaj Nagpur University, Nagpur, Maharashtra, IndiaPages 2139 - 2158Digital banking has brought a significant transformation in the Indian banking system by providing fast, convenient, and accessible financial services. The introduction of internet banking, mobile banking, and digital payment systems such as UPI has reduced dependency on physical banking. However, this rapid digitalization has also led to a sharp increase in cyber frauds. Fraudsters exploit both technological systems and human behaviour to carry out unauthorized transactions. This paper examines various types of cyber frauds in digital banking, analyses the legal framework governing such crimes in India, and identifies major challenges in prevention and enforcement. It further suggests practical measures for strengthening fraud prevention mechanisms in the banking sector. The study highlights that along with strong legal provisions, awareness and technological safeguards are essential to ensure safe digital banking.86 views -
Narcotic Drugs and Psychotropic Substances Act, 1985: A Comprehensive Doctrinal, Constitutional and Empirical Study
Student at Amity University Noida, IndiaPages 2159 - 2178Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is one of such strict penal laws in India, which was passed to fight the growing threat of drug abuse and drug dealing. The Act is grounded on international treaty duty, and domestic policy issues, to bring a tacit rigorous framework where the liability is strict, and the burden of proving the case is reversed with harsh penalties. This study has a critical doctrinal, constitutional and empirical examination of the NDPS Act. It casts a critical look into the legislative framework, judicial interpretation, procedural protection and enforcement issue that relate to the Act. The work also incorporates the criminological theories, as well as, comparative international approach in assessing its usefulness. It contends that although the NDPS act can be a potent deterrent in curbing drug related crimes, the strict provisions of the act have big question marks on the due process, proportionality and human rights. This paper will end by giving the recommendation of a balanced method of rehabilitating and enforcing the law with the insistence and constitutional protection.78 views -
Pages 2179 - 2203In India, the custodial spaces can be viewed as 'evidence factories' because they operate in the realm of law and order, but the truth of the matter is that the issue of torture is a constitutional conundrum of proof, as well as a matter of pain. This paper assesses the response of Indian law to custodial violence in the following ways: (i) constitutional response through the doctrines of the first, fifth, and six actions of the 21st article and the 22nd article, (ii) legal responses through post 2023 criminal law framework, and (iii) legal response through the doctrine of judicial activism and accountability of the Supreme Court. The author's goal is to provide a comprehensive comparative legal and constitutional framework that one can describe as 'Institutional Remedial Procedural Mechanism' (IRPM). The author uses the IRPM framework to disentangle the framework of torture that allows it, to develop a framework of strong public law restitution to combine torts and criminal law violations, and to use a strong non-judicial framework of legally authorized intervention before the judicial system is compelled to act. Finally, the author uses the IRPM framework in its positive form to evaluate the potential torturous framework of the accountability system, where custodial deaths of the police and judicial system as well as the negative torturous framework where judicial mechanisms devolve to the payment of a tort to the system. The data presents a paradox: Although Indian legislation through constitutional guidelines and judicially enforceable safeguards, has legally addressed and condemned torture, paradoxically, law enforcement punitive measures are incomplete, due to the fact that custodial abuse is pursued through fragmented, dispersed, and conflicting legislation, and the investigation is often both institutionally conflicted, and proof is dispersed and distorted due to record control, delays of medical documentation, and intimidation. India's paradox concerning its ICCPR party status and its non-ratification of the Torture Convention, mirrors India's paradox concerning the ICCPR and its non-ratification of the Torture Convention, and the repeatedly noted absence of a standalone anti-torture law in proposed law reform documents. the author argues that the transformation of a constitutional principle to a routine institutional practice, will require legislative unequivocal definition of torture, along with systems of independent proof, a fact finding system that cannot be manipulated, and mechanistic systems of legal liability, which will ensure that the term, “custody” will lose its status as a hiding place behind which law enforcement officers may escape the clasp of accountability.132 views
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Pages 2204 - 2211The advent of DNA evidence has revolutionized the field of criminal justice by introducing a highly reliable scientific method for identifying perpetrators and exonerating the innocent. This paper critically examines the role of DNA evidence in addressing wrongful convictions, while also evaluating its limitations and the challenges associated with its application. Wrongful convictions, often arising from mistaken eyewitness testimony, false confessions, prosecutorial misconduct, or flawed forensic practices, undermine the integrity of the justice system and erode public confidence. In this context, DNA evidence has emerged as a powerful corrective tool, capable of both securing convictions of the guilty and overturning miscarriages of justice. The analysis begins by exploring the evolution of DNA profiling and its growing acceptance in courts of law. Since its introduction in the late 20th century, DNA testing has become a gold standard in forensic science due to its accuracy and objectivity. However, the paper also adopts a critical perspective by addressing the limitations and potential misuse of DNA evidence. While often perceived as infallible, DNA evidence is not immune to errors. Issues such as contamination, improper handling, laboratory mistakes, and misinterpretation of results can compromise its reliability. Additionally, systemic barriers such as limited access to post-conviction DNA testing, inadequate legal representation, and procedural restrictions often prevent wrongfully convicted individuals from obtaining relief. The overreliance on DNA evidence may also overshadow other crucial aspects of investigation, potentially leading to tunnel vision among law enforcement agencies. In conclusion, this study argues that while DNA evidence has significantly contributed to reducing wrongful convictions and enhancing the accuracy of criminal justice outcomes, it is not a panacea.126 views
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A Distinction between Letting Die and Killing: Critical Analysis of its Legal Coherence in India
Assistant Professor at Sree Narayana Guru College of Legal Studies (SNGCLS), Kollam, Kerala, IndiaPages 2212 - 2216Distinction between “killing” and “letting die” is occupying a central yet contested position in medical jurisprudence and also in constitutional law. In India, this distinction has been judicially constructed for navigating the complex terrain of euthanasia, end-of-life decision-making, and the scope of Article 21 of the Constitution. While active euthanasia remains unlawful, passive euthanasia is being conditionally recognised through some judicial pronouncements. The article critically examines whether the distinction is legally coherent or merely a logical compromise. By examining various landmark decisions, the paper tries to explore the doctrinal foundations, philosophical critiques, and practical implications. It argues that although the distinction serves protective purposes, it is conceptually delicate and produces inconsistent outcomes.73 views -
Pages 2217 - 2225This article critically examines the legal principle of presumption of absence of consent in rape prosecutions under Indian criminal law, with a focus on Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to Section 114A of the Indian Evidence Act, 1872). The study traces the evolution of this doctrine from the pre‑1983 position—where the prosecution was required to prove absence of consent beyond reasonable doubt‑corroborated by independent evidence, as illustrated by the Mathura rape case—to the Criminal Law (Amendment) Act, 1983, which introduced a mandatory yet rebuttable presumption against the accused once sexual intercourse is established and the victim deposes that no consent was given. Drawing on leading High Court and Supreme Court decisions such as State of Rajasthan v. Roshan Khan, Basudev Seal v. State of West Bengal, Sandip Pandurang Kadam v. State of Maharashtra, and Govt of NCT Delhi v. Sant Ram, the article highlights the persistent judicial tendency to treat the victim’s un‑corroborated testimony with suspicion, thereby diluting the mandatory character of the statutory presumption. The article argues that while shifting the evidentiary burden onto the accused in rape cases is necessary to address gender‑based violence and encourage reporting, courts must harmonize this deviation from the traditional presumption of innocence with safeguards against misuse and false accusations. It concludes by recommending targeted amendments and interpretive guidelines to ensure that Section 118 of the Bharatiya Sakshya Adhiniyam genuinely balances victim protection with the fundamental rights of the accused, without undermining the core tenets of criminal justice.172 views
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Pages 2226 - 2233Arbitration is one of the widely preferred forms of the Alternative Dispute Resolutions (ADRs) in India. Arbitration is predominantly based on party-autonomy, providing a flexible mechanism for an amicable settlement between the parties. The judicial intervention is restricted only to certain grounds ensuring the finality of arbitral awards. The Section 34 of the Arbitration and Conciliation Act, 1996 provides certain grounds for setting aside the arbitral awards passed in domestic arbitration. The concept of patent illegality was recognised as a ground by the Supreme Court in the year 2003 by giving a wider interpretation to the term ‘Public Policy’. Further, the Amendment Act, 2015 provided patent illegality as a separate ground for challenging the arbitral award. This concept of patent illegality is unique to Indian Arbitration Law and sets a departure from international standards. Henceforth, its application is limited to awards passed in domestic arbitrations.80 views
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The criminal justice system in the Indian context plays an integral part in the social framework of the country in terms of upholding the social order and the principle of the rule of law. Interestingly, the criminal justice system in the Indian context, despite its constitutionally recognized significance and importance, continues to suffer from entrenched deficiencies in its performance. The existence of a time-consuming criminal justice system, overdependence on pre-trial detention, overcrowded prisons, and inherent deficiencies in the framework of policing and prosecution have cumulatively led to a crisis of confidence in the administration of criminal justice. Undergoing a critical analysis regarding the systematic inadequacies observed in the Criminal Justice System operative in the Republic of India, this article promises a thoughtful and comprehensive analysis regarding the causes and consequences associated with the delays taking place during the trial of cases. The issue of prison overpopulation with a special focus on the problem of the presence of a large number of undertrials also promises a critical analysis concerning the conflict existing between preventive detention and the presumption of innocence. The role and functioning of the Police Department as the cornerstone of the Criminal Justice System would be examined and analysed. With reference to judicial opinions, committee reports, and scholarly writings, it can be submitted that piecemeal approaches fail to effectively respond to these interlinked failures. It is proposed that there should be a comprehensive policy reform covering bail reform, improvement of investigation/prosecution, judicial strengthening, non-custodial sentencing options, prison transformation, and a system of accountability. The last section of this article sanctions a comprehensive transformation of India’s criminal justice system with a clear constitutional, evidence-based policy orientation towards ensuring the dispensation of justice, which is timely, humane, and just.141 views
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Pages 2248 - 2274The evolution of Free Legal Aid in the United Kingdom is a story of gradual progress shaped by political, economic and moral pressures. Legal aid implies the provision of legal representation or advice at no cost or subsidized cost to individuals unable to afford it. The Legal Aid System (LAS) was originally created on twin pillars. On one side there was the wartime consensus on the need for a Welfare-State and on the other side the preexisting economic and social organization of the legal profession. The origin of the present LAS lies with the Rushcliffe Committee which reported in May 1945. Legal aid in the United Kingdom has evolved through several stages, reflecting the transformation of the state from a charity-based system to a welfare-oriented model and later to a cost-controlled framework, reflecting changing state priorities between social justice and fiscal discipline. The evolution of the concept of Free Legal Aid in the United Kingdom can conveniently be divided into seven periods - Pre-1945 (where legal aid in the United Kingdom was treated as charity), Rushcliffe Committee Report, 1945 (It marked a major turning point in the history of legal aid and recommended State-funded Legal Aid), Legal Aid and Advice Act, 1949 (It introduced the First Statutory Legal Aid System), Expansion Phase (1950s–1970s) – During these Periods Legal aid became an integral part of the United Kingdom’s Welfare System, Access to Justice Act, 1999 (It restructured the Legal Aid System and focused on cost-control and ADR), Legal Aid, Sentencing and Punishment of Offenders Act, 2012 and Present Position.69 views
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Pages 2275 - 2280Cyberbullying is characterized as a deliberate and repetitive act conducted via cell phones, computers, social media platforms, and various electronic devices. This phenomenon has significantly impacted many teenagers, occasionally leading to tragic outcomes such as death. Distinct from traditional bullying, which occurs in physical settings like schools and public spaces, cyberbullying encompasses threats, the dissemination of negative messages, and the sharing of false or harmful content targeting individuals. The psychological effects of cyberbullying can cause severe mental distress for victims. In today's digital age, it represents a major challenge faced by adolescents; studies indicate that approximately 80% of individuals have experienced some form of cyberbullying. The study examines the current law (the IT act 2000 India together with the Indian penal code 1860) regarding variety of online harassment and online offences despite the law there are some problems including the anonymity of the perpetrators.88 views
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Data-Driven Consumption or Digital Monitoring? Investigating Consumer Privacy in India’s Retail and Smart Grid Infrastructures
Research Scholar at Faculty of Law, Jamia Millia Islamia, New Delhi, IndiaPages 2281 - 2291In times where the world is connecting digitally, the boundary between smart consumption and covert surveillance are also becoming burred. This paper examines the ongoing practice of consumer data collection at India’s retail stores, focussing mainly on the covert mechanisms employed in order to collect personal data under the pretext of convenience and saving environment. India’s Digital Personal Data Protection Act, 2023 (“DPDP Act”) explicitly prohibits the mandatory collection of personal information as a precondition for purchase. But the retail stores in India have outmanoeuvred this legislative mandate. The DPDP Act relies on a consent-based framework which seems to be undermined by these very conditions of retail transactions where integrity of consent is being compromised. These entities, instead of abandoning data collection, have reformulated such practices under seemingly harmless narratives by gathering customer details in the name of paperless billing, protecting environment, loyalty points and much more. The most vulnerable citizens are repeatedly asked for their phone numbers in lieu of a grocery bill and they have been conditioned to the extent that they have accepted this exchange as regular and normal in their day to day life. This paper argues that such practices represent an advanced development of surveillance capitalism within the Indian retail atmosphere, where consent is being manufactured rather than meaningfully obtained. In line with the provisions of the DPDP Act and its broader frameworks of informational privacy, the study critically evaluates the requirement, suitability and stricter compliance of existing regulatory mechanisms, strengthened consumer awareness and redefining of consent frameworks that place genuine autonomy at the centre of India’s evolving data protection jurisprudence, in order to address these nascent evasion tactics. It further explores the intersection of retail data collection with smart grid ecosystems, where granular consumption data enables deep behavioural profiling of households.61 views -
Impact of Patent Trolls on Small Businesses
LLM Student at Sathyabama Institute of Science and Technology, Chennai, Tamil Nadu, IndiaPages 2292 - 2300One of the most significant threats to the innovation-driven industries in particular to the areas of technology, software development and biotechnology has been identified as the proliferation of patent trolls or Non-Practising Entities (NPEs). As opposed to conventional patent holders, patent trolls do not purchase patents to commercially exploit them or innovate technology; instead, they mainly seek to leverage their patent rights by waging aggressive litigation and strategic settlement claims. These parties get money by cashing in on the infringement suits rather than establishing a business opportunity after capitalizing on the uncertainty in patent claims and the prohibitive aspect of litigation. There are economic and operational consequences of patent trolling. Businesses often pay huge legal costs and the constant risk of lawsuit divert funds and time of management to research and development. Small businesses and startups are particularly susceptible, since they usually do not have the funding and legal means to survive a protracted legal fight, and many of them choose to settle expensive to comply, regardless of the soundness of the claims. These practices not only put a strain on scarce resources but also deter entry into the market, decrease competitiveness and slow technological advancement. This paper reviews the effect of patent trolling on small businesses, the legal frameworks of various jurisdictions that regulate NPEs activity, and assesses the effectiveness of reforms to strike the balance between effective patent protection and the necessity to preserve the innovation and entrepreneurial development. The study highlights the need to have greater procedural protection and policy change to ensure that small businesses are not victimized due to predatory patenting.59 views -
Pages 2301 - 2314White-collar crime constitutes one of the most pervasive and economically devastating categories of criminal behaviour in contemporary India. Unlike conventional crimes of violence, white-collar offences are perpetrated in secrecy by persons of social respectability and cause diffuse but catastrophic harm to financial systems, democratic institutions, and public trust. This paper undertakes a comprehensive legal analysis of white-collar crimes in India, tracing their conceptual origins from Edwin Sutherland's seminal 1939 formulation through the ancient prescriptions of Kautilya's Arthashastra to the sophisticated financial frauds and cybercrimes of the digital age. The paper examines the legislative framework — encompassing the Indian Penal Code 1860, the Prevention of Corruption Act 1988, the Prevention of Money Laundering Act 2002, the Information Technology Act 2000, and the Companies Act 2013 — and evaluates the institutional mechanisms of the CBI, the Enforcement Directorate, the CVC, and the SFIO. Drawing on landmark commission reports, including the Santhanam Committee Report (1964), the Vivian Bose Commission (1963), and the Law Commission's 47th Report (1972), the paper identifies chronic structural weaknesses — most notably, manpower shortages in investigative agencies and the complications of the general consent requirement — that undermine the deterrent efficacy of the legal framework. Through case studies of the Satyam scandal, Ricoh India, and Volkswagen, the relationship between corporate governance failure and white-collar crime is examined. The paper concludes with a set of legislative, institutional, and policy recommendations.174 views
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Pages 2315 - 2333The enforcement of competition law in digital markets poses unique challenges. It requires traditional legal tools to adapt to changing market conditions. Digital platforms function under different economic rules. These often include network effects, data-driven efficiencies, and winner-takes-all situations. These factors complicate how we assess dominance and abuse. This paper looks closely at the challenges and opportunities in regulating digital markets under Indian competition law. It focuses particularly on assessing dominance and abusive actions. The 2019 Supreme Court ruling in the Uber case suggested that pricing below cost might indicate dominance. This view conflicts with the Competition Commission of India’s (CCI) established guidelines, which warned against such circular reasoning. Additionally, the Supreme Court’s comments in In Re: Updated Terms of Service and Privacy Policy for WhatsApp Users (2021) highlight the increasing worries about data-driven market power and exploitative behaviour by dominant digital companies. The case shows how unilateral policy changes by tech giants can reinforce their dominance and lead to possibly exploitative practices. These inconsistencies in judicial rulings create legal uncertainty, which undermines the predictability needed for effective enforcement. The proposed Digital Competition Bill, 2024, aims to tackle these challenges. It introduces prior regulations specifically for digital markets. It focuses on gatekeeper platforms, data monopolization, and algorithmic collusion. While the bill seeks to improve enforcement against digital dominance, there are concerns about its effect on innovation, regulatory overreach, and market dynamics. This paper points out key unresolved issues in platform regulation. It advocates for a balanced approach through legislative and policy measures to ensure a clear and future-ready competition regime in India.121 views
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Architectures of Deceit: Analysing the Legal and Regulatory Aftermath of Landmark Indian Corporate Scams
LL.M. student at SRM University, Delhi-NCR, Sonipat, Haryana, IndiaPages 2334 - 2348Through the lens of three significant case studies—the Harshad Mehta securities scam (1992), the Satyam Computer Services accounting fraud (2009), and the IL&FS liquidity crisis (2018)—this research paper investigates the course of corporate fraud and the subsequent development of regulatory frameworks in India. The report used a qualitative case-study methodology to examine the distinct "modus operandi" of every incident, from clever "creative accounting" and the collapse of intricate shadow banking systems to the exploitation of ready-forward trades and faked bank receipts. The paper also assesses the legislative reactions to these occurrences, particularly the strengthening of the Insolvency and Bankruptcy Code (IBC), the adoption of the Companies Act, 2013, and the empowerment of SEBI. According to the report, corporate wrongdoing has shifted from external market manipulation to systemic liquidity problems and internal governance shortcomings. It emphasizes how each crisis served as a trigger for legislative change, fixing gaps in the law while also exposing fresh weaknesses in board oversight and audit independence. The study comes to the conclusion that although the regulatory environment in India has grown considerably stronger, the shift from "rule-based" to "principle-based" governance is still difficult. To reduce the likelihood of future corporate misbehaviour, judicial vigilance and technology integration in audits are crucial.69 views -
One important pillar of democracy in the world is the right to freedom of speech and expression. It is the right of every human being to communicate and convey his ideas, opinions, beliefs, and information. The modern world has witnessed tremendous changes in the way the right of freedom of expression is exercised by the people because of the advent of technology and the use of the internet. In the recent past, the development of social media forums and internet journalism has greatly enhanced the right of freedom of expression. Nonetheless, the digital world has brought about several complex issues that have put the freedom of expression to the test. Issues of the spread of misinformation, hate speech, online harassment, government control of internet content, and the role of internet service providers have raised critical questions about the protection and regulation of the freedom of expression in the digital world. This has raised critical questions of law and ethics about the delicate balance that needs to be struck while protecting the freedom of expression while preventing potential harms in the digital world. This article will discuss the concept of freedom of expression in the digital age with special reference to the constitutional framework. It will examine the concept of freedom of expression in the digital world in the context of the evolution of the freedom of expression in the digital world, the significance of the freedom of expression in the digital world, the challenges facing the freedom of expression in the digital world, the constitutional framework relating to the freedom of expression in the digital world with special reference to the Constitution of India. From the study, it is evident that the digital world has immensely enhanced the freedom of expression while raising critical questions about the regulation of the internet and the delicate balance that needs to be struck while protecting the freedom of expression while preventing potential harms.131 views
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The Regulatory Imperative: Addressing Algorithmic Opacity under the Consumer Protection Act, 2019
Student at Christ (Deemed to be University) University, Pune, Lavasa, IndiaPages 2360 - 2371The rapid growth of algorithmic systems across digital consumer markets has fundamentally transformed how products, services, and prices are delivered. Algorithms now determine creditworthiness, recommend goods, personalize prices, and even influence consumer choices often operating behind a veil of opacity. While these systems enhance efficiency and personalization, they also generate new forms of consumer vulnerability, rooted in what scholars describe as algorithmic opacity. The Consumer Protection Act, 2019 (CPA 2019), though a landmark legislative reform aimed at modernizing consumer rights, remains conceptually tied to traditional human-led decision-making and is largely silent on algorithmic governance. This paper adopts a doctrinal and analytical approach to examine how the CPA 2019 currently addresses, and fails to address, harms arising from opaque algorithmic decision-making. Through statutory interpretation and legal reasoning, it identifies key limitations in the Act’s existing framework, including definitional ambiguities, procedural inadequacies, and institutional gaps. The paper concludes with doctrinal recommendations for integrating algorithmic transparency, fairness, and accountability within India’s consumer protection jurisprudence, ensuring that the law evolves in step with the digital marketplace.80 views -
The criminal justice system in India constitutes a vital mechanism for maintaining social order while safeguarding individual liberties. With the transition from the Code of Criminal Procedure, 1973 to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, India has undertaken significant procedural reforms aimed at modernizing investigation and trial processes. However, despite these legislative advancements, persistent challenges such as misuse of police powers, custodial violence, delays in trial, inefficiencies in investigation, and issues in the functioning of public prosecutors continue to undermine the system. This paper critically examines these structural and procedural deficiencies within the Indian criminal justice system. It evaluates constitutional safeguards, judicial interventions, and institutional practices, highlighting the gap between legal provisions and their implementation. The study further explores the role of the First Information Report (FIR) as a gateway to justice and the challenges associated with its registration. Through a comprehensive doctrinal and analytical approach, the paper argues that meaningful reform requires not only legal changes but also institutional accountability, technological integration, and a rights-based approach. Ultimately, the study emphasizes the need to create a balanced system that ensures both effective law enforcement and protection of human dignity.126 views
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Pages 2386 - 2400The Uniform Civil Code (UCC) represents one of the most enduring and constitutionally significant debates in post-Independence India. Enshrined as a Directive Principle of State Policy under Article 44 of the Constitution of India, the UCC aspires to replace the existing pluralism of religion-based personal laws with a single, secular, and uniform civil framework governing marriage, divorce, inheritance, maintenance, and adoption for all citizens irrespective of religious affiliation. This research paper undertakes a comprehensive legal analysis of the UCC through a dual lens: constitutional jurisprudence and comparative international law. It examines the constitutional basis and tensions inherent in the UCC directive, traces the evolution of the Supreme Court's jurisprudence from Mohd. Ahmed Khan v. Shah Bano Begum (1985) to Shayara Bano v. Union of India (2017) and beyond, critically evaluates the gender-discriminatory provisions embedded in major personal law systems, surveys the experience of comparative legal systems including France, Turkey, Germany, Tunisia, and Morocco, assesses India's obligations under international human rights instruments including the ICCPR and CEDAW, and examines the Goa Civil Code as a domestic proof of concept. The paper concludes that a carefully designed, consultatively developed, and rights-based UCC is both constitutionally mandated and practically achievable, and offers concrete suggestions for the way forward.152 views
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Pages 2401 - 2406The medico-legal examination of sexual assault survivors occupies a uniquely sensitive space at the intersection of criminal law, forensic science, and human rights. In India, the Criminal Law (Amendment) Act, 2013 marked a decisive shift away from archaic, evidence-centric approaches toward a framework that foregrounds dignity, autonomy, and informed consent. This article undertakes an extensive doctrinal and critical analysis of medico-legal practices in the post-2013 landscape. It argues that although medical evidence continues to hold evidentiary relevance, its role must be carefully circumscribed to avoid overshadowing the lived experiences of survivors. By examining constitutional jurisprudence, statutory provisions, judicial trends, and implementation challenges, the article demonstrates that the true transformation of medico-legal processes lies not merely in legislative reform but in institutional culture and ethical practice. It further situates Indian developments within international human rights standards and proposes a comprehensive, trauma-informed model that harmonizes evidentiary rigor with the preservation of human dignity57 views
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Understanding India’s Perspective on Marital Rape through the lens of RIT Foundation v. Union of India
Student at Indian Institute of Management Rohtak, Haryana, IndiaPages 2407- 2413The RIT Foundation v. Union of India (2022) is a groundbreaking Delhi High Court case that questions the constitutional validity of the Exception 2 to Section 375 IPC which absolves marital rape of criminal responsibility. The case concerns the extinction of a right to consent in the woman who is married, which leads to the questions of equality, dignity and autonomy of the body. The split bench demonstrated opposite jurisprudence. Justice Rajiv Shakdher overturned the exception, claiming that no consent can be bargained on marriage and transformative constitutionalism. Justice C. Hari Shankar affirmed the exception, citing the importance of judicial restraint and legislative supremacy, and the concerns of evidence under Section 114A. This commentary compares and contrasts the two views and also points out serious weaknesses in the reasoning of Justice Hari Shankar, especially his undue faith in the judgment of the legislature and his reaffirmation of colonial-era beliefs of implied spousal consent. The split verdict is contextualized in the analysis by observing that the UK, Canada, South Africa and Nepal have already abolished the marital rape exceptions, and India remains behind in terms of gender protection. The commentary suggests such reforms as legislative abolition of the exception, gender neutralization of sexual offenses, evidentiary protections, and sensitization programs. Since the case is yet to be resolved by the Supreme Court, it will influence the Indian gender justice greatly as it will decide whether the country will follow transformative constitutionalism or remain legislative conservative in upholding the bodily autonomy and dignity of women in marriage.333 views -
Addressing Sexual Harassment at Workplace and Campuses in India: A Legal and Restorative Perspective
Student at Amity Law School, Noida, Uttar Pradesh, IndiaPages 2414 - 2423Sexual harassment in India is a widespread issue that erodes the dignity, equality, and rights of women, despite existing constitutional protections and legal frameworks. This paper explores the evolution of legal responses to sexual harassment, beginning with the landmark Vishaka v. Union of India case. The subsequent guidelines led to the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. It illustrates the persistent disparity between legal provisions and practice, highlighting problems such as weak enforcement, ambiguous regulations, and cultural and social pressures that deter reporting. Building on this, the study further examines how conciliation contributes to restorative justice, particularly in schools and other educational settings. While conciliation offers benefits such as flexibility, privacy, and the opportunity for those involved to help solve their problems, it also has drawbacks. These include the risk of making serious issues seem less important and the chance that victims' rights might not be properly protected. The paper claims that conciliation works best when used carefully and only in certain situations, and that it requires proper safeguards to ensure it is used correctly. Finally, the paper uses a detailed, careful method to demonstrate the need for a more robust legal system that covers various forms of harassment and provides stronger enforcement mechanisms. The report says that stopping sexual harassment needs more than just new laws. It also needs a cultural shift, stronger accountability for institutions, and greater awareness so women can work and learn in safe, respectful places.64 views -
Human Rights of Prisoners in India: A Legal Study into Dignity, Justice, and Reform
Student at Amity Law School, Noida, IndiaPages 2424 - 2429The discourse on prisoners’ rights occupies a critical position within the broader framework of human rights jurisprudence. It embodies the inherent tension between the State’s authority to punish and its constitutional obligation to uphold human dignity. This article presents a comprehensive synthesis of a socio-legal study examining the status of prisoners’ rights in India, evaluating constitutional mandates, legislative developments, judicial interventions, and international standards. It argues that while incarceration necessarily curtails liberty, it does not extinguish the fundamental rights of individuals. Despite progressive jurisprudence and statutory frameworks, systemic deficiencies such as overcrowding, custodial violence, and inadequate rehabilitation persist. The article ultimately advocates for a transformative, rights-based approach to prison administration that harmonizes punishment with dignity and reform.75 views -
Pages 2430 - 2440Forensic science has become an essential part of the criminal justice system in India. It plays a major role in investigation, prosecution, and court decisions by providing scientific support to criminal cases. This paper aims to study how forensic science functions within Indian criminal law, with special reference to the Indian Evidence Act and the Code of Criminal Procedure. It also discusses how expert opinions are recognized by law and their admissibility. The paper also highlights major challenges in the current forensic system, such as insufficient laboratory infrastructure, delays in forensic reports, absence of uniform standards, lack of proper training for police and judges, and concerns about privacy and data protection. It discusses how technological developments are changing the field of forensic science and emphasizes the importance of forensic in disposal of a cases will some landmark judgements. Finally, it suggests reforms such as strengthening legal provisions related to forensic procedures, improving laboratory facilities, introducing mandatory accreditation standards, ensuring proper handling and documentation of evidence, adopting modern scientific techniques etc.79 views
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The Interrelationship between Business and Law in India: A Study on the Corporate Legal Framework
Student at National University of Study and Research in Law, Ranchi, Jharkhand, IndiaPages 2441 - 2451In the India economic scene business and law are also closely tied. This paper analyses the influence and reaction of the corporate legal structure to the business operation with a principal concentration on the Companies Act, 2013 and other related fields like taxation, labor, and contract law. It follows the historical development of company law in the times of the colonial regime, how India shifted to the borrowed British system and transformed into the local and internationally competitive version. The paper shows how key business events have had direct impact on legal reforms through case studies such as the Satyam accounting scandal, the Tata-Mistry corporate dispute and the Vodafone tax arbitration. These examples are indicative that corporate law is not only regulated but also developed in terms of business practices and crises. The research concludes that business and law interrelationship is important to corporate accountability, investor confidence, and integrity of the entire economic system in India.93 views -
Pages 2452 - 2464The concept of addressing crime in the community rather than incarcerating offenders in jail has been discussed in criminal justice studies for a long time. The criminal justice system today has gradually shifted from deterrent, retributive and preventive theories of punishment toward reformative and rehabilitative approaches. In this situation, community service has developed into a significant non-custodial sentencing alternative aimed at the reintegration of offenders and the promotion of social accountability. Although traditional forms of punishment continue to dominate, Indian criminal law has shown an increasing inclination toward community-based sanctions. In the past, there were several attempts to introduce community service as a punishment through the 156th Law Commission Report, the Indian Penal Code (Amendment) Bill, 1978 and the Malimath Committee Report. However, these efforts did not lead to effective implementation. The enactment of the Bharatiya Nyaya Sanhita represents a renewed legislative recognition of community service as an alternative to custodial sentences. This chapter examines the concept, evolution and objectives of community service as a reformative sentencing measure, with a particular focus on its comparative relevance to open prisons. Through a comparative analysis of international practices and Indian penal reforms, the study examines how community service and open prisons collectively represent a shift from punitive incarceration toward punishment within the community.83 views
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Are Independent Women Directors truly Independent?
Student at Birla Global University, Bhubaneswar, Odisha, IndiaPages 2465 - 2475In corporate governance under Section 149 of the Companies Act, 2013 that requires to have women directors appointed and this has progressed to the focus of independent women directors. Whereas the statutory framework is aimed at institutionalising gender diversity, the reality is usually constructive compliance instead of being substantive independence, where appointments can still be made according to the controlling shareholders or internal management interests instead of according to the independence spirit as envisaged in the law. The principle of independence demands the absence of influence, impartial judgment and fiduciary duty to all stakeholders; however, informal control and relationship proximity often water down this principle. The paper aims to examine the question of whether diversity has led to any meaningful governance reform, or it is still a procedural formality, by comparing the traditionally male dominated board rooms with the rest of the world, which is more consultative with their views and opinions. Because when independence is compromised, this potential remains unrealised. It posits that the real adherence is not in numeration but in that of real power, voice, and influence without which the issue of gender diversity will become a farfetched concept instead of a transformational one.95 views -
Pages 2476 - 2487With the growing importance of cyber insurance being recognized in India, there are increasing instances of companies opting for it in light of rising cyber threats. Such recognition is highlighted in the startling finding of CERT-In where over 2.04 million cybersecurity cases were observed during the year 2024 . Therefore, it becomes essential to understand the current state of the cyber insurance market through the legal and regulatory framework prevailing in India, particularly given the existence of the Digital Personal Data Protection (DPDP) Act, 2023. The analysis of these dynamics brings forth various gaps that require further discussion, particularly the very low market penetration rate of less than 1%, the problem of high premiums, exclusions in policies, and the overall lack of awareness surrounding the topic. There are multiple ways through which these gaps may be addressed. As a result of analyzing the characteristics of products, gaining insights from case studies, and monitoring market trends, the intrinsic value of cyber insurance can be identified. While simply an instrument to transfer risk financially, cyber insurance is an important aspect of incident response and a motivating factor in advocating for improved cybersecurity. In this context, suggestions for standardizing policies, incentivizing the uptake through regulatory measures, and encouraging private-public cooperation have been proposed as vital approaches that could help promote cyber insurance as a valuable tool.76 views
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Social Media, Artificial Intelligence and Election Credibility: A Global Perspective
Principal at Government Polytechnic College, Sagar, Madhya Pradesh, IndiaPages 2488 - 2497The rapid expansion of social media and AI has transformed electoral communication and reshaped how citizens access information, engage in political discourse and evaluate the credibility of elections. In this paper, the way digital platforms impact electoral integrity is analyzed through political content diffusion, misinformation circulation and evolving campaign strategies. Using global examples from North America, South America, Europe, Africa, Asia and Oceania-including India-it shows how digital ecosystems can catalyze participation on the one hand and diminish democratic trust on the other. Conceptual models are used to illustrate relationships among the use of social media, AI-generated content and voter perceptions. Evidence is synthesized from theories in communication, behavioral research and policy reports by various international organizations such as International IDEA, UNESCO, UNDP and national election authorities. It argues that the credibility of elections in the digital age depends not only on technological safeguards but also on institutional transparency, public digital literacy and platform accountability. In ending, it summarizes some policy implications for election management bodies and governments from around the world.207 views -
A Study on the Influence of Amici Briefs over the Judicial Enlightenments of Chagos Archipelago Advisory Opinion (2019)
Senior Lecturer at Faculty of Law, General Sir John Kotelawala Defence University, Sri LankaPages 2498 - 2505This study is based on the examination of the influence of amici briefs before the International Court of Justice Advisory Opinion on the Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965 (2019). The study examines how amici briefs contributed to the judicial opinion concerning decolonization process, with special reference to right to self-determination of people, employing doctrinal and comparative and international legal research methodologies. While amicus curiae briefs furnish significant insights, especially concerning the rights of the Chagossian population, their tangible impact on the Court's deliberations is challenging to measure, given the International Court of Justice's customary approach of not overtly recognizing such documents. This study suggests that the role of amicus curiae illustrates the ongoing shift towards democratizing international legal frameworks, concurrently pointing out lasting concerns about transparency.84 views -
Legal Empowerment and Financial Independence: Rethinking the Kosa Silk Value Chain through IPR
Assistant Professor of Economics at Hidayatullah National Law University, Raipur, Chhattisgarh, IndiaPages 2506 - 2516Chhattisgarh’s Kosa silk sector skillfully combines traditional local expertise with contemporary economic prospects. Kosa silk, produced by tribal communities in regions such as Bastar and Janjgir-Champa using silk from the wild silkworm (Antheraea mylitta), is more than just a textile; it’s vital for sustaining rural economies. Using a Law and Economics perspective, this paper investigates how legal safeguards and market forces influence the financial situations of these indigenous artisans and silk producers. Despite the high market value of Kosa silk, a concerning economic disparity exists, with the main producers frequently experiencing poverty while intermediaries retain a significant portion of the profits. The study investigates the effectiveness of the Geographical Indication (GI) Tag and the Biological Diversity Act in protecting the intellectual property of these tribes from being exploited by imitation products made using synthetic or power-loom methods. Economically, the paper explores the Kosa value chain from silkworm cultivation to finished textiles and identifies market challenges, including restricted access to financing, significant expenses for transactions, and the absence of online platforms connecting producers directly with customers. Indigenous communities hold a wealth of traditional knowledge, and that’s a real asset. But fighting poverty takes more than just valuing tradition. People also need legal power and serious economic shifts. If the government stopped just exporting raw materials and started investing in local manufacturing, especially in tribal regions, Kosa silk could actually drive real development. The paper ends with a few practical ideas: use blockchain to make sure profits are shared fairly, and boost intellectual property rights to protect local skills. Moves like these give Chhattisgarh’s Golden Thread a real shot at bringing lasting financial independence to the people who keep this craft alive.68 views -
The Effectiveness of Plea Bargaining in India
LL.M. Student at Amity Institute of Advanced Legal Studies, Noida, Uttar Pradesh, IndiaPages 2517 - 2530In terms of its statutory development, plea bargaining was formally introduced in the criminal law of India by way of the Code of Criminal Procedure (Amendment) Act 2005. The four key legislative aims were to reduce the backlog of criminal cases; provide relief for under-trial prisoners; expedite justice to victims of crime; and give defence attorneys a formal alternative to trial. It has since been reformed and is now part of Chapter XXII of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). As such, it is important to consider whether the statutory mechanisms implemented over nearly two decades ago have delivered the intended results. This article conducts an overall review of plea bargaining in India on four related grounds. Firstly, this chapter will evaluate whether there exists a gap between the stated legislative objectives and the actual results. On this basis, evidence will be provided that demonstrates systematic and chronic low utilisation levels -- less than 500 annual applications for plea bargains from a pool of tens of millions of potentially eligible pending cases. Secondly, this chapter will examine judicial views regarding the use of the mechanism, identifying that the adversarial culture of the Indian courts; procedural inconsistencies and lack of sub-ordinate rules for consistent application have all contributed to the inability of the mechanism to function effectively. Thirdly, this chapter will assess various barriers preventing eligible applicants from accessing and being aware of plea bargain options. These include legal, financial, linguistic and social exclusions that may inhibit an applicant's ability to exercise their right to apply. Finally, this chapter will conduct an integrated review of the overall effectiveness of the plea bargaining process using five criteria based upon a comparison of realised outcomes against expected or desirable outcomes -- usage rates; voluntariness; protection of defendant's rights; recognition of victims' interests; and contributing to overarching criminal justice goals. Overall, this article concludes that while the BNSS includes some innovative developments -- namely victim participation in joint conferences, and the exclusionary rule under section 300 -- it has failed to deliver on its transformative aspirations. In particular, the absence of compulsory representation during the negotiation phase of plea-bargaining; inadequate appeal processes; perverse institutional incentives; and deeply ingrained cultural oppositions to plea bargaining within the criminal justice system mean that the plea bargaining mechanism remains largely inactive. Therefore, the article identifies necessary structural reforms -- including professional education/training; expansion of legal aid provision; standardisation of procedure; and institutionally incentivising plea bargaining -- as required to realise the constitutional and policy potential of plea bargaining under the BNSS.182 views -
A Comparative Study of Environmental Social Governance Framework between India and The European Union for Strengthening Corporate Governance
LL.M. Student at Christ (Deemed to be University) University, Pune, Lavasa, IndiaPages 2531 - 2541The Environmental, Social, and Governance (ESG) framework has become a crucial tool for promoting sustainable corporate governance worldwide. This paper compares the ESG regulatory frameworks in India and the European Union (EU) to evaluate their efficacy in enhancing corporate accountability and transparency. The Environmental, Social, and Governance (ESG) compliance system in India is still in its infancy. On the other hand, the European Union's (EU) extensive ESG regulatory framework is a testament to its commitment to climate change. The primary focus of this paper is to compare India’s ESG regulations and framework with the European Union’s ESG regulations and to identify gaps in the ESG framework in corporate governance. This research will evaluate India’s ESG framework in comparison with the EU’s excellence, and will help policymakers and stakeholders to understand the ESG differences. The current structure of ESG disclosure in India is governed by the Securities and Exchange Board of India (SEBI) in the Business Responsibility and Sustainability Report (BRSR) and orders within the Companies Act framework. The European Union has a wide range of mandatory disclosure requirements, including the Corporate Sustainability Reporting Directive (CSRD), Sustainable Finance Disclosure Regulation, and EU taxonomy.75 views -
Pages 2542 - 2553Freedom of expression, guaranteed under Article 19(1)(a) of the Constitution of India, constitutes a foundational pillar of democratic governance. The Indian media, functioning as the fourth pillar of democracy, operates at the intersection of this constitutional right and a complex web of legal restrictions, institutional frameworks, and socio-political pressures. This paper undertakes a doctrinal and analytical examination of the scope, limitations, and contemporary challenges associated with freedom of expression in Indian media. It traces the historical evolution of press freedom from colonial suppression to constitutional recognition, analyses landmark judicial pronouncements shaping the contours of this right, evaluates the legislative framework governing media regulation, and examines the emerging challenges posed by digital media including misinformation, algorithmic control, and internet shutdowns. Drawing upon comparative constitutional analysis with the United States and the United Kingdom, the paper identifies structural weaknesses in the Indian framework and proposes targeted reforms. The study concludes that while India possesses a robust constitutional architecture for media freedom, its effective realisation remains constrained by legal ambiguities, executive overreach, corporate influence, and inadequate institutional safeguards. A recalibrated approach combining doctrinal clarity, institutional reform, and proportionate regulation is essential to sustain a free and responsible media environment in India.49 views
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Pages 2554 - 2558This review critically engages with Anu Bradford’s The Brussels Effect: How the European Union Rules the World (2020), a foundational contribution to scholarship on regulatory globalization and the externalization of European Union legal standards. Bradford’s central claim, that the European Union exercises global influence through market-driven regulatory diffusion rather than traditional coercive instruments has reshaped understandings of how legal authority operates in contemporary international economic governance. This review argues that while the Brussels Effect remains a powerful explanatory framework, its operation is increasingly conditioned by structural shifts in the global political economy marked by the rise of large emerging regulatory actors. Focusing particularly on India’s expanding market capacity and strategic regulatory autonomy, the review demonstrates how regulatory convergence with European standards now reflects negotiation rather than automatic alignment. Developments in digital governance, climate-linked trade regulation such as the Carbon Border Adjustment Mechanism, and competing regulatory approaches emerging from the United States and China further illustrate the transition from unilateral regulatory diffusion toward a more plural architecture of global rulemaking. The review concludes that Bradford’s framework remains indispensable for understanding contemporary regulatory power, but its future relevance lies in explaining how regulatory influence adapts within an increasingly multipolar and contested global economic order.219 views
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Beyond Maternity Leave: An Analysis of the Effectiveness of Chapter VI of The Code on Social Security, 2020, in facilitating Workplace Reintegration for Mothers
Student at Christ (Deemed to be University) Delhi, NCR, Uttar Pradesh, IndiaPages 2559 - 2578The research titled “Beyond Maternity Leave: An Analysis of the Effectiveness of Chapter VI of the Code on Social Security, 2020 in Facilitating Workplace Reintegration for Mothers” examines how far the provisions relating to maternity benefit under Chapter VI (Sections 59 to 72) of the Code on Social Security, 2020, effectively support working mothers in resuming their professional roles after childbirth. While the Code has consolidated and strengthened the earlier framework by expanding maternity leave to 26 weeks for the first two children, introducing progressive provisions such as creche facilities, nursing breaks, protection against dismissal, and benefits for adoptive and commissioning mothers, the practical impact on women’s reintegration remains uncertain. The study addresses three central research questions: (1) To what extent do the provisions under Chapter VI of the Code on Social Security, 2020 achieve their stated goal of protecting women’s employment and promoting workplace equality? (2) What challenges do working mothers face in returning to work despite the legal safeguards provided in the Code? (3) How do employers across different sectors perceive and implement the provisions of Chapter VI of the Code on Social Security, 2020? The chapter employs both doctrinal and empirical methodologies. The doctrinal analysis explores statutory provisions, judicial interpretations, and policy developments to assess the legal framework governing maternity benefits in India. The empirical component involves interviews with working mothers from various sectors, public, private, and informal, to understand their lived experiences of workplace reintegration. This mixed-method approach aims to bridge the gap between law in books and law in practice. Preliminary findings suggest that while the code offers an important legal foundation for maternity protection, its effectiveness is limited by inconsistent enforcement, inadequate employer compliance, and persistent cultural biases against working mothers. Many women report difficulties in career progression, lack of flexible work arrangements, and subtle forms of workplace discrimination post-maternity. The research argues that true reintegration requires not only legal safeguards but also institutional reforms that promote supportive workplace cultures, shared parental responsibilities, and accountability mechanisms for employers. By combining doctrinal clarity with real-world experiences, this study contributes to the broader discourse on gender equality, labour law, and social inclusion. It proposes policy recommendations to ensure that maternity protection evolves from a statutory entitlement to a meaningful guarantee of women’s continued participation in the workforce.82 views -
Pages 2579 - 2592One of the major constitutional issues that have been raised as a result of the development of media trials in the current times is among the most significant problems associated with the criminal law in the democratic age. The present paper deals with the interrelations between the freedom of the press, granted by Article 19(1)(a) of the Constitution of India, and the right to fair trial and the presumption of innocence enshrined in Article 21. In doing so, the analysis of the case law in chronological order will enable one to trace the way Indian judiciary addresses the problem at hand in its judicial decisions starting from Sahara India Real Estate Corporation Ltd. v. SEBI, then proceeding to R.K. Anand v. Registrar, Delhi High Court, and finally moving on to Salil Bali v. Union of India. Furthermore, the statutory regulation of media coverage of criminal trials, especially such pieces of legislation as the Contempt of Courts Act, 1971, the Cable Television Networks (Regulation) Act, 1995, and the Juvenile Justice (Care and Protection of Children) Act, 2015, will be considered as well. Consideration is given to the increased susceptibility of youth defendants to the damaging effects of media exposure, as well as the insufficiency of the current anonymity measures in ensuring that individuals cannot be indirectly identified based on the principle of jigsaw identification. This paper asserts that although there has been doctrinal development on the part of the Indian judiciary in establishing the principles of proportionality in addressing the clash between the freedom of the press and fair trial rights, there remains a pervasive and increasingly wide gap between doctrine and enforcement, which undermines its efficacy. It posits that a definitive solution to the issue of media trials entails more than just legislation and regulation for all types of media; it also requires a radical transformation in journalistic ethics, recognizing that the presumption of innocence, rather than being a mere procedural protection, is a fundamental belief in the dignity of humankind that must be upheld by the press as the fourth estate.65 views
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From Prohibition to Protection: Legal Safeguards for Women Working Night Shifts
Student at Amity University Chhattisgarh, IndiaPages 2593 - 2600The paper will discuss the legal shift of the night shift employment of women in India, which was prohibited by law, to a system of conditional protection. It relies on the constitutional provisions, judicial rulings, federal and state laws, and global norms in arguing that, although the statutory architecture has changed considerably, the lack of enforcement and the exclusion of the informal sector mean that the law does not reach the workers who need it the most. Specific reforms, such as the ratification of ILO Convention No. 171 and the protection of informal workers, are suggested.116 views -
Environmental Protection through Sustainable Development with special reference to India
Assistant Professor at Faculty of Law, D.A.V. Degree College, Lucknow, Uttar Pradesh, IndiaPages 2601 - 2611As human beings, we depend on a healthy environment for our survival and well-being, so protecting nature while meeting today’s needs is both urgent and necessary. This article examines how sustainable development and environmental protection can be balanced in India, where rapid infrastructure growth and industrialisation have produced economic benefits but also serious pollution, health problems and ecosystem decline. It reviews the legal framework, policies, programmes and institutional arrangements designed to prevent and remedy environmental harm, showing how laws guide who may use natural resources and under what conditions. The paper discusses major statutes, explores implementation gaps and evaluates how sustainable development is embedded in environmental law and policy. Finally, it argues that lasting progress requires development plans that respect environmental limits, strengthen enforcement and align with the constitutional right to life under Arti. 21, so that social and economic advancement does not come at the cost of future generations.89 views -
Pages 2612 - 2630Artificial Intelligence (AI) is rapidly transforming legal education by introducing new paradigms in teaching, learning, and assessment. This research paper examines the multifaceted impact of AI on legal pedagogy, focusing on critical ethical issues such as algorithmic bias, data privacy, and governance frameworks. It explores how AI-powered adaptive learning systems and immersive simulations personalize educational experiences and effectively bridge the gap between theory and practical skills development, preparing law students for technologically advanced legal environments. The study includes a conceptual framework of AI integration, detailed case studies from India and global contexts, and an analysis of regulatory and ethical challenges informed by emerging legal standards like India’s Digital Personal Data Protection Act (DPDP) 2023. Central to the discourse is the need for AI literacy and ethical digital citizenship among law students, empowering them to engage responsibly with AI tools and to critically assess the socio-legal implications of AI deployments. Through a synthesis of literature, policy analysis, and empirical examples, the paper outlines comprehensive policy recommendations to foster transparent, fair, and accountable AI use in legal academia. These include the institutionalization of ethical AI governance, curriculum reforms for AI literacy and ethics, bias mitigation strategies, robust data privacy compliance, and fostering inclusion through accessible AI design. The research concludes that AI’s integration in legal education is an indispensable evolution that requires a balanced approach one that harnesses technological innovation to enrich legal training while steadfastly upholding principles of justice, fairness, and student autonomy. By adopting ethical frameworks and proactive governance, legal education can cultivate future-ready lawyers equipped for dynamic, AI-augmented legal professions, ultimately contributing to a more inclusive and transparent justice system.113 views
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Identity Politics and Democratic Participation in India
Assistant Professor at Department of Human Rights and International Law, Uttarakhand Open University, Haldwani, Uttarakhand, IndiaPages 2631 - 2639This paper provides an analysis of the complex relationship between identity politics and democratic participation in India, highlighting how the mobilizations based on caste, religion, region, and language have reshaped the political landscape of the country. The study also examines how these identities influence grassroots political consciousness and voter turnout. The "darker side" of this mobilization, which is marked by the emergence of competitive "vote-bank" politics, communal polarization, and the fragmentation of the voters into sectional interests, is also critically evaluated. The paper provides a conclusion that the future of democratic stability in India will be determined by the state’s ability to balance group -specific claims and the more general ideals of constitutional secularism and economic equality.84 views -
From Manipulation to Regulation: Algorithmic Trading, the Jane Street Order and Sebi’s Evolving Governance Framework for India’s Derivatives Market
Student at School of Law, CHRIST (Deemed to be University), Bangalore, Karnataka, IndiaPages 2640 - 2651India’s equity derivatives market is the largest in the world by contract volume, yet its structural architecture has rendered it acutely vulnerable to algorithmic manipulation. On 3rd July 2025, the Securities and Exchange Board of India (SEBI) issued a 105-page ex-parte interim order against the Jane Street Group, alleging that the firm had systematically manipulated the Bank Nifty and Nifty 50 indices across 18 expiry days between January 2023 and March 2025, generating alleged unlawful gains of INR 4,843.57 crore. The enforcement action preceded, by mere months, the full operationalisation of SEBI’s February 2025 circular on the safer participation of retail investors in algorithmic trading, which took binding effect from April 1, 2026. This article examines the legal foundations of the Jane Street order under the SEBI Act, 1992 and the Prohibition of Fraudulent and Unfair Trade Practices Regulations, 2003, analyses the structural mechanisms of the alleged manipulation and critically evaluates whether SEBI’s 2026 algorithmic trading framework addresses the institutional governance deficits that the case exposed. The article finds that while the framework represents a meaningful advance in retail investor protection, it leaves critical gaps in the regulation of institutional and cross-segment algorithmic conduct, and argues for a statutory definition of algorithmic market manipulation alongside direct registration obligations for Foreign Portfolio Investors deploying high-frequency strategies on Indian exchanges.296 views -
Pages 2652 - 2662The intensification of global conflicts, political instability, environmental crises, and systemic human rights violations has contributed to an unprecedented rise in forced displacement, making refugee protection a critical concern of contemporary international law. The growing magnitude and complexity of refugee movements have exposed significant gaps in both international and domestic legal frameworks, necessitating a re-examination of existing protection mechanisms. Against this backdrop, the present article undertakes a comprehensive analysis of the legal regime governing refugee protection at both the international and national levels, with particular emphasis on India’s unique approach. The study critically examines the foundational instruments of international refugee law, namely the Convention Relating to the Status of Refugees, 1951 and the 1967 Protocol, focusing on key principles such as non-refoulement, non-discrimination, and the right to seek asylum. It further evaluates India’s refugee protection framework, which operates in the absence of a specific legislative regime, relying instead on constitutional safeguards, general statutory provisions, and judicial interpretation. Through a doctrinal analysis of landmark judicial decisions, the article highlights the pivotal role of the judiciary in extending the scope of Article 21 of the Constitution to protect the life and liberty of refugees. In addition, the article explores the civil, political, and socio-economic rights of refugees, along with the practical challenges in their realization, including legal ambiguity, lack of documentation, and socio-economic exclusion. It concludes by advocating for the enactment of a comprehensive refugee law in India to ensure uniformity, accountability, and alignment with international standards, thereby strengthening the protection of refugee rights and promoting justice, dignity, and humane treatment.65 views
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Beyond Punishment: A Legal Study of Prison Reforms and Prisoners’ Rights in India
Pursued PhD from Department of Laws, Himachal Pradesh University, Shimla, Himachal Pradesh, IndiaPages 2663 - 2675The Indian prison system has transitioned from a focus on punishment to one that increasingly prioritizes the reform and rehabilitation of offenders. This paper, titled “Beyond Punishment: A Constitutional Study of Prison Reforms and Prisoners’ Rights in India,” explores the constitutional aspects of prison management and the safeguarding of prisoners’ rights in the country. It examines the relevance of Articles 14, 19, and 21 of the Constitution, which ensure equality, fundamental freedoms, and the right to life and personal liberty, even for those in custody. The study emphasises the judiciary's proactive efforts to protect prisoners’ rights through significant court rulings, recognizing key rights such as access to free legal aid, the right to a speedy trial, protection against abuse while in custody, and the right to live with dignity. It also reviews the history of prison reforms in India, both pre- and post-independence, highlighting the roles of various committees and reform initiatives. Additionally, the paper assesses current prison conditions and identifies ongoing challenges in the implementation of reformative strategies. It stresses the need for humane treatment, proper classification of inmates, vocational training, and the application of options like parole, furlough, and open prisons. In conclusion, the study argues that a rights-based reform approach, rooted in constitutional principles, is vital for effective criminal justice management and the successful reintegration of former prisoners into society.80 views -
The Innocent Intermediary Problem: Corporate Criminal Liability in Multi-Tier Service Chains
Director at Nextour International Travel & Trading JSC, Hanoi, VietnamPages 2676 - 2686The multi-tier visa service ecosystem that has emerged alongside global travel comprises two legally distinct tiers: authorised application centres operated under delegated consular mandate, and travel agency intermediaries acting under contractual authorisation from the individual applicant. This article focuses on the latter, whose legal position has received little systematic treatment in the corporate criminal liability literature. When organised irregular-migration networks route fraudulent applications through such agencies—which occupy purely structural positions in the service chain and perform only formal document verification—criminal investigations routinely extend to the agencies, raising a core question: how should fault be attributed to a legal person whose structural role is formal rather than substantive? This article identifies the phenomenon as the innocent intermediary problem. Drawing on doctrinal analysis and scenario-based modelling, it develops a two-axis analytical framework combining a tiered duty of due diligence (formal, red-flag, and substantive verification) with a three-tier classification of fault (professional risk, organisational shortcoming, and corporate complicity). The framework is applied to a scenario modelled on recurring industry practice in Vietnam and then to Vietnamese law. The analysis shows that the enumerated-offence approach of Article 76 of the 2015 Penal Code, combined with the absence of a front-end screening mechanism in Chapter XXIX of the 2015 Criminal Procedure Code, produces a procedural paradox: legal persons without substantive fault can nonetheless be drawn into criminal proceedings in ways that generate compliance and reputational costs disproportionate to their actual role. Two targeted recommendations are proposed: statutory recognition of the tiered duty of due diligence for service intermediaries, and the introduction of a preliminary screening mechanism for legal persons at the investigation stage.78 views -
Pages 2687 - 2706The legal institution of adoption is a twofold process; it brings a child who needs it a family, and it means a child who needs it gets a legal heir. India Juvenile Justice (Care and Protection of Children) Act, 2015, as updated in 2021, is the most broad-based secular adoption law, cutting across religious lines and offering full legal recognition to all adopted children, no better than their biological siblings. This seems to be a full and full-fledged legal guarantee on paper. Practically, though, it is not. This paper explores a controversial yet little studied conflict in Indian law: although the Juvenile Justice Act grants full filial status to adopted children, the personal succession laws of India, the Hindu Succession Act, 1956, the Indian Succession Act, 1925, and the un codified principles governing Muslim inheritance, are based on completely different legal frameworks and do not necessarily or consistently acknowledge JJ Act adoptions to the purposes The consequence is a legal grey zone where a child can be legally adopted by one statute and then legally invisible under the succession law applicable to the property of his or her adoptive family. The paper contends that such a gap is not just a technical discrepancy, but a substantive deprivation of rights. In case of uncertainty in inheritance, the whole idea of adoption is compromised. The law only partially protects a child who has been granted family membership but not the right to property. The article critically evaluates the gap between adoption law and succession law in India, considers the pertinent judicial rulings such as Shabnam Hashmi v. Union of India and Lakshmi Kant Pandey v. Union of India and evaluates the doctrinal fault lines and proposes practical legislative and judicial amendments to make the promise of the Juvenile Justice Act not only whole, but hereditary.138 views
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Pages 2707 - 2721This article consists a critical assessment of the ways in which the United States has adopted new policies to address forensic and digital evidence through the lens of both nations respective criminal justice frameworks. Additionally, the article provides an overview of how India's evolving law governing evidence are transitioning from the Indian Evidence Act 1872 to the Bharatiya Sakshya Adhiniyam of 2023, with increasing acceptance of electronic/digital and forensic forms of evidence. Also, this article provides a comparative analysis of the methods in which the US Federal Rules of Evidence allow for flexibility in terms of the exercise of judicial discretion, scientific reliability, and the admission of expert witness evidence. This article opines that total uniformity of legal systems is not only unachievable but also undesirable; nevertheless, a harmonized framework built upon common principles of fairness, reliability, and respect for human rights is a must in a globalized legal environment. The article ends with the view that judge's interpretation, new laws, and international agreements play a key role in the creation of a modern evidentiary system that can quickly adapt to scientific and technological progress but still uphold the principle of due process.164 views
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From Surveillance to Reform: AI-Driven Behavioural Monitoring in Indian Prisons
Research Scholar at National Law Institute University, Bhopal, M.P., IndiaPages 2722 - 2730This research paper explores the potential convergence of artificial intelligence (AI) technologies with the behavioural analysis of inmates in prisons in India. It thus explores the potential role of AI in identifying the issues of mental health faced by the prisoners, which result in suicides. The primary focus of the study is on the lack of India’s legal framework regarding the use of AI in prisons and the constitutional rights of the prisoners, particularly in the light of the threefold test of legality, necessity, and proportionality, which was discussed in K.S. Puttaswamy (Retd.) v. Union of India judgment. It also dealt with the moral and ethical dimensions of the use of AI in behavioural analysis, and for that, theories of utilitarian and deontological were analysed. This paper, though, concludes with the understanding that use of the technology is the need of the hour and, in particular, use of AI can significantly help in preventing suicide cases among prisoners; however, its implementation in India will not be possible without a proper legal framework that preserves the dignity, mental privacy and other constitutional rights of the prisoners.159 views -
Judicial Evolution of Passive Euthanasia Culminating in Harish Rana
Advocate at District and Session Court, Chandrapur, Maharashtra, IndiaPages 2731 - 2737In India, the passive euthanasia it approved in the landmark case of Harish Rana (2026) is the first court-authorized passive euthanasia, which implements the right to die with dignity of the article 21 after 15 years of dormancy in Aruna Shanbaug (2011). This commentary of the case evaluates Rana as the turning point of the jurisprudence of euthanasia, to which Shanbaug's theoretical model of passive euthanasia allowed with limitations and active euthanasia banned with limitations is applied to in practice. Rana shows development of procedure: sequential medical commissions, neuroimaging verification, family deference and gradual withdrawal procedures prove identity of dignity over biological continuity. However, it reveals the fault lines of Shanbaug dysfunctional living will registries, court bottlenecks, and medical delays which subject families to a long battle in court. The denial of active euthanasia based on the risks of coercion, lapses in diagnosis, cultural opposition, fears of the slippery slope, erosion of Hippocratic, maintains the sanctity-of-life values at the cost of subjecting PVS patients to dehydrating, painful, and prolonged deaths. "Who decides?" remains contentious. By presenting the comparison of case Shanbaug and Common Cause (2018), Rana also shows the successes and paralysis of the system at the same time: the fictitious nature of the living will, the favoritism of wealth, the gaps in the implementation of autonomy. Rana demonstrates judicial leadership in a Parliament lagging situation and justifies passive euthanasia without disrupting society. Article 21 requires the true dignity that requires that precedent is turned into policy - national infrastructure providing people with dignified death, and not courtroom exceptions.87 views -
Pages 2738 - 2744India’s pharmaceutical patent regime creates harmony between incentivising innovation and ensuring access to affordable medicines. India has always been a state which works for the welfare of its people and which is also reflected in its healthcare policies. Major challenges in front of the Indian healthcare system are providing affordable medical facilities and medicines to the people. Generic medicines are available to the public at affordable price due to anti-evergreening laws. Laws governing evergreening are critically regulated so that only deserved and novel innovation can move forward. This research article will study the Indian legislative and judicial approach towards shaping anti-evergreening jurisprudence. The study will explore the dynamics between India’s domestic priorities and its international obligations. Ultimately, this article talks about how improvements are necessary, and India’s framework gives a structure that can be useful for developing nation seeking to create parallel between patent protection and social welfare.82 views
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Pages 2745 - 2761The conflict between customary beliefs and constitutional rights in India is most clear when resorted to those cases where violence is a result of superstition, mostly witch-hunting and black magic related offences. On the one hand, Article 25 guarantees freedom of conscience and the right to practice religion; however, this liberty is not absolute and is subject to limitations based on public order, health, morality, and the rights of others. Often, many customary practices, rooted in folklore, tribal traditions, or patriarchal social structures, cross this constitutional boundary when they cause physical harm, social ostracism, or the degradation of vulnerable groups, especially women and children. This article deals with the conflict between customary beliefs and the Constitution, which guarantees equal rights, dignity, and personal liberty under Articles 14, 15, and 21. It analyses state-level anti-superstition laws, judicial reasoning on harmful religious practices, and the difficulties that the criminal justice system encounters in addressing belief-based violence. The article advocates a balanced regulatory framework that respects legitimate religious expression while prohibiting customs that violate fundamental rights. The author argues that constitutional morality, rather than social morality, should guide the legal response to superstition-driven violence and highlights the need for uniform legislation, community sensitisation, and stronger enforcement mechanisms to ensure protection without infringing genuine religious freedom.166 views
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The Jurisdictional Gap for OTT Platforms: Governance Gaps, Cross-Border Copyright Challenges, and the Need for a Comprehensive Legal Framework
Student at Christ (Deemed to be University) University, Pune, Lavasa, IndiaPages 2762 - 2771There has been an unprecedented change in the global media landscape as a result of the emergence of Over-The-Top (OTT) service providers, which allow the seamless transmission of content across borders, making it easier for people to consume media content while at the same time revealing a glaring deficiency in current laws. Territorial jurisdictional laws have not been able to adequately regulate organizations that operate in a decentralized digital space. In this paper, we examine the jurisdictional gap in OTT governance, focusing on the problem of governance inadequacies and difficulties in enforcing copyright across borders. The study analyzes the problems with the current international and domestic laws regarding territorial licensing, content regulations, and intermediary liability, and by using the doctrinal and comparative method of analysis, proves how ineffective these laws are in regulating digital streaming services. The paper calls for an integrated and flexible framework for balancing the needs of intellectual property protection, freedom of speech, and innovation, suggesting the adoption of a co-regulatory approach that would incorporate international collaboration and enforcement via technical means. This is done through the analysis of judicial precedents and legislative initiatives reflecting the efforts made in response to the changing realities of the digital age, including the issues associated with the accountability of publishers and the liability of intermediaries, the inadequacies of territorially based systems of copyright in times of the global distribution of protected works, and the increasing tendency to resort to enforcement measures, including dynamic injunctions. The paper also takes into consideration the relevance of international instruments, namely, the WIPO Copyright Treaty, the TRIPS Agreement, and the Berne Convention, for setting cross-border copyright norms and discusses the limits of their applicability under platform-based distribution. Taking into account the impact of jurisdictional fragmentation on all concerned parties, including states, OTT service providers, and content creators, the study offers a comprehensive legal strategy for solving existing problems.209 views -
A Study on Increasing Rate of Unemployment with special reference to Street Vendors
Assistant Professor at Department of Law, KMC College of Law, Tamil Nadu, IndiaPages 2772 - 2789The impact of unemployment in the society has the most lasting effect in the society from the lower to the higher. The impact of this has caused the more risen to the unemployment and increasing more and more than to the previous context and also due to many factors the unemployment rate have been increased by day to day.The main object of the paper is to know about the factors that meant for the rise in the rate of unemployment, to analyse that the economic activities are the major cause in the creation of the unemployment, to study the worseness of the unemployment by comparing with other countries, to analyse the law that has been meant for the goodness of the unemployment people with the great reference to stretch vendors. The research has been followed by the empirical method with the convenient sampling method. The sample size covered from the research is 208. The dependent variable in which among the age group people are more aware about the caste based in the education institution on their removal and also many of the pros and cons they have been faced with in the society. Data was analysed using graphical representation through bar charts. Comparisons were done across the demographic variables using these bar charts and the mean value of the ratings received.The result observed from the analysis of the study is that there are more unemployment by the status and also by the many factors which causes the unemployment and many initiative have took by the government and also by this also the unemployment rate has not been decreased.61 views -
Regulating Traditional Medicine in India: A Critical Analysis of the Ayush Legal Framework
Intern at Dr. Abhin Chandra Homoeopathy Medical College and Hospital, Bhubaneswar, Odisha, IndiaPages 2790 - 2804India’s plural healthcare system formally recognises traditional medicine through the AYUSH framework, yet questions persist about how effectively this legal architecture regulates practice, ensures quality, and integrates with public health delivery. With nearly 65–70% of the population relying on traditional medicine in some form (WHO Global Report on Traditional Medicine, 2019), the regulatory design acquires direct significance for safety, access, and equity. This paper aims to examine the adequacy of the statutory and policy framework governing AYUSH, assess its alignment with public health goals, and identify gaps in enforcement, standardisation, and institutional coordination. The study adopts a doctrinal method, analysing various relevant statutes, policy documents, parliamentary materials, and judicial decisions, supplemented by government and WHO reports. The analysis shows that while the Ministry of AYUSH has expanded institutional capacity—evident in thousands of AYUSH facilities integrated under the National Health Mission—fragmented standards, uneven state-level enforcement, and limited pharmacovigilance persist. Key gaps include inconsistent licensing oversight, variable education quality, and weak quality control of medicines, which collectively affect patient trust and clinical outcomes. A coherent, harmonised regulatory model—strengthening standards, surveillance, and integration—is essential to realise AYUSH’s potential within India’s health system.135 views -
Pages 2805 - 2818The evolution of criminal justice systems has progressively shifted from an offender-centric model to a more balanced framework that recognizes the rights, dignity, and needs of crime victims. Justice administering authorities—including police, judiciary, prosecution, and correctional institutions—play a pivotal role in shaping victim experiences within the legal process. This paper critically examines various approaches adopted by these authorities towards crime victims, including retributive, reformative, restorative, and victim-centric justice models. It evaluates institutional mechanisms such as victim compensation schemes, witness protection programs, and legal aid services within the Indian legal framework. The study highlights persistent challenges such as secondary victimization, procedural delays, lack of awareness, and infrastructural deficiencies. Through doctrinal and comparative analysis, the paper underscores the necessity of a rights-based and empathetic justice approach. It concludes by recommending structural reforms to ensure meaningful victim participation and effective justice delivery.105 views
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Land Laws and Land Administration in Bangladesh: A Critical Analysis from the Perspective of Citizens’ Rights
Assistant Professor at Department of Law, Shanto-Mariam University of Creative Technology, Dhaka, BangladeshPages 2819 - 2841This article critically examines the legal framework and land administration system of Bangladesh from the perspective of citizens’ rights, focusing on access, ownership, and tenure security. It identifies major challenges such as bureaucratic inefficiency, corruption, outdated land records, and barriers to dispute resolution. Using both doctrinal and empirical methods, including survey data, the study highlights the gap between legal provisions and practical implementation. The paper proposes reforms including digitization, transparency, and enhanced public awareness to strengthen land governance in Bangladesh.155 views -
Pages 2842 - 2850The passage of the Immigration and Foreigners Act, 2025, acts as a paradigm shift in the attitudes of the Indian government towards border security and human mobility: the state turns out to be colonial-era policing and transforms into a modernized structure of biometric sovereignty. In this paper, the legal, technological, and socio-political aspects of the new law are reviewed in detail. It examines the legal authorization of the Bureau of Immigration and the compulsory implementation of the Integrated Immigration Management System (IIMS), which jointly digitalizes entry-exit regulations and the expansion of the surveillance system of the state, with new institutional reporting requirements. Additionally, the paper examines the increased punishment levels imposed on smuggling syndicates under the Act, the increase in compliance pressure on the corporate community, and the systematization of a lean deportation system. Although this study acknowledges the technological effectiveness of AI-powered so-called smart fences and predictive surveillance in preventing unlawful crossings, it is important to note that the Act has a dual character: it strengthens national security and legalizes the use of selective humanitarianism through the 2025 Exemption Order. Finally, the article suggests that in spite of the success of the centralization of enforcement, the framework unveils a deep-seated issue of a refugee gap and raises significant constitutional concerns on the privacy of data and international human rights, and this clearly demonstrates that there is a pressing need to codify a domestic asylum law, given the impending climate-driven migration.138 views
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From Ethics to Algorithms: Medical Advertising, AI Diagnosis and Professional Liability in India
Student at School of Law, CHRIST (Deemed to be University), Bangalore, Karnataka, IndiaPages 2851 - 2867India's medical liability framework was conceived for the stethoscope era as a binary relationship between physician and patient, governed by the reasonable doctor standard, sanctioned by the Consumer Protection Act, and disciplined by professional ethics bodies. That architecture is increasingly strained. The rise of influencer medicine and corporate hospital advertising has transformed healthcare into a marketable commodity, eroding the ethical firewall between clinical judgment and commercial incentive. Simultaneously, artificial intelligence (AI)-assisted diagnosis has introduced a new class of decision-maker that existing tort principles cannot cleanly accommodate. When an algorithm errs, it remains uncertain whether liability attaches to the physician who deferred to it, the hospital that deployed it, or the manufacturer who designed it. This article argues that India's liability framework requires comprehensive reconstruction across three fronts: first, a modernised advertising code aligned with the National Medical Commission Act, 2019 and the Consumer Protection Act, 2019; second, a dedicated AI medical device certification and liability regime informed by the European Union Artificial Intelligence Act, 2024 and the United States Food and Drug Administration's regulatory guidance; and third, institutional enterprise liability that holds corporate hospitals, not merely individual clinicians, accountable for systemic failures. Drawing on Indian constitutional doctrine, comparative law, and emerging technology regulation, this article proposes a reform blueprint suited to India's demographic complexity and digital healthcare ambitions. The article concludes that future medical liability must be distributed across three axes, the human clinician, the algorithmic tool, and the deploying institution if the law is to remain a meaningful guarantor of patient welfare in the age of digital medicine.181 views -
The Evolution of the Right to Privacy in the Era of Digital Surveillance and AI: Legal and Constitutional Issues & Challenges
LL.M. Student at Christ (Deemed to be University) University, Pune, Lavasa, IndiaPages 2868 - 2887In the modern digital era, artificial intelligence (AI) and data-driven technologies have grown rapidly, and this has completely changed the perception of the concept of privacy as per Article 21 of the Constitution of India. As the reliance on online services, smartphones, and digital platforms continues to grow, personal information has become a valuable resource, and the question of its collection, use, and misuse becomes a matter of serious concern. In that regard, informational autonomy, has become an important element of the right to privacy. This paper will follow the constitutional history of the right to privacy, emphasizing its history of judicial interpretation and the landmark ruling of Justice K.S. Puttaswamy v. Union of India (2017), where the Supreme Court recognized the right to privacy as an inseparable part of the right to life and personal liberty. Although this ruling established a firm constitutional basis, the emergence of AI technologies, including automated decision making, mass surveillance and profiling, creates new and complex challenges to the effective protection of this right. This paper examines the current legal framework in India, and specifically the Digital Personal Data Protection Act, 2023, and compares it with the global standards like the EU General Data Protection Regulation (GDPR). It argues that despite the significant steps that have been taken by India to ensure awareness of the rights to digital privacy, the existing regulatory framework remains ineffective in dealing with AI-driven systems. This paper argues in favor of the concept of right-based AI governance that would be in line with innovation and constitutional protection. It concludes by providing possible policy suggestions that could be implemented to guarantee the protection of data, accountability, and make sure that the technological advancement does not influence personal dignity, freedom and privacy.88 views -
Political Economy in AI governance
Student at Amity Law School, Noida, IndiaPages 2888 - 2895The construction of the study of the modern perspective of AI. it is going well under the eyes of the law. The research is currently dedicated to the research of the rapid development of artificial intelligence solutions and its consequence. to the already-existing laws. Preliminary research has been conducted on policy reviews and academic literature. papers, and regulatory techniques adopted in various jurisdiction to fight data. AI systems liability, ethical governance, accountability, and protection. To date, the progress moves towards the higher need to employ adaptive legal systems. that will be able to regulate the decision-making process that is fueled by AI and assist in the prevention of the interference. with major rights and additional innovations. The second stage of the work will be closer examination of the developing principles of law and case studies in order to learn how the law was capable of responding efficiently to necessities of artificial intelligence in the contemporary society. This fast-developing artificial intelligence has not only brought about new opportunities to not only living in the modern societies but also presented serious legal problems to the societies. The study provides a glimpse of the contemporary perception of artificial intelligence in the law and the way it is currently applied in the law. AI technologies have new possibilities, which are discussed within frameworks.86 views -
Pages 2896 - 2917The digital revolution in India has linked more than 800 million individuals to the internet network and has resulted in banking, shopping and government services being delivered to the fingertips of the common citizens, particularly in the rural and low-income regions. Nonetheless, this has given a boom to cybercriminals as well. First time users of the internet who are not well aware of the threat of the internet are being used on a huge scale. According to official statistics of the National Crime Records Bureau (NCRB), the number of registered cases of cybercrime in India increased three times in five years, rising to 86,420 in 2023 after 27,248 cases in 2018. Almost 69% of cases are now due to financial fraud. The National Cyber Crime Reporting Portal (NCRP) received more than 22.68 lakh complaints in 2024 alone but very few cases were translated into official cases. The citizens were on the receiving end of a shocking ₹22,845 crore in cyber fraud during the year, with the common people, farmers, elderly citizens, and small traders bearing the brunt of the scam such as fake investments and fraudulent arrests. Although the Information Technology Act, 2000 is the primary law of more than 25 years, the enforcement thereof is very poor. The rates of chargesheet have reduced to about 22 percent and the conviction rates are in low single digits with some states registering zero convictions in a number of years. Analyzing the entire enforcement chain with the help of NCRB reports, parliamentary responses of the Ministry of Home Affairs and RBI data, the paper exposes the existence of deep systemic failure: the lack of digital forensic capabilities, transnational challenges, a terrible shortage of police staff who have been trained, under-reporting by victims (approximately 68 percent), and a slow court process, as well as out-of-date With almost 60 percent of the total cases reported in 2023, Karnataka, Telangana, and Uttar Pradesh were the three states with high digital penetration and enforcement lapses. This empirical research bridges a gap in research, as it links complaints, FIR registrations, chargesheets, and convictions in a single understandable image. It demonstrates that, unless urgent reforms are implemented, the Indian desire to transform into a safe digital economy will not be achieved. The paper outlines six practical recommendations, including implementing a new all-encompassing cybercrime law, establishing a digital forensic capacity at the district level, establishing special cyber courts whose cases are expedited, enhancing FIR conversion rates on complaints, enhancing international coordination of cross border crimes, and, finally, initiating a national cyber literacy campaign to educate the populace. The urgent and decisive measure is needed to save common Indians and encourage people to place their trust in the digital system.143 views
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Pages 2918 - 2928This study examines the practical functioning of forensic science within the criminal justice system through an empirical analysis conducted in Varanasi district, Uttar Pradesh. Recent legislative developments, particularly the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Sakshya Adhiniyam, 2023, emphasize the expanded use of forensic evidence in criminal investigations. This paper evaluates how these mandates operate in practice. The study draws on field interactions with forensic experts, judicial stakeholders, police personnel, and practicing advocates, along with questionnaire-based responses. The findings reveal systemic challenges affecting the effective integration of forensic science, including delays in reporting, procedural gaps in evidence collection and preservation, infrastructural and technological limitations, and human resource constraints. The study further identifies issues in the interpretation and use of forensic evidence within courtroom proceedings due to limited technical understanding and restricted availability of expert testimony. It argues that a structural gap exists between legal mandates and institutional capacity, and highlights the need for coordinated reforms to strengthen forensic integration in criminal adjudication.66 views
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Pages 2929 - 2937Borders are the lines which separate two area or country often create violence not only through war and conflict but also through everyday control, separation, and exclusion. This paper studies how contemporary Indian artists Shilpa Gupta and Reena Saini Kallat explore the idea of borders and invisible violence in their artworks. Instead of showing violence in a direct or physical way, both artists focus on invisible forms of violence created by borders, such as separation, control, fear, and loss. Both of them use mediums like installation, sound, text, and mixed media, they explore how political borders affect human lives, memories, and movements. This research paper primarily focuses on borders and invisible violence related to Shilpa Gupta’s artwork “100 Hand drawn maps of my country” and Reena Saini Kallat’s artwork “Woven Chronicle”. Both artworks show the tension and conflicts through political borders and these invisible forces deeply affect how people experience identity and belonging.167 views
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Mythological and folkloric traditions have played a crucial role in the development of visual art across cultures and historical periods. Ganesh Pyne, one of the most notable Indian artists known for his own style of visual language described as “poetic surrealism”, including dark imagery, fantasy, and themes of Indian mythology and folklore. This study examines selected artworks by Ganesh Pyne that depict elements of Indian mythology and folklore, analysing how he reinterprets traditional narratives through his distinctive style of poetic surrealism, a quite, symbolic form of surrealism that blends dreamlike imagery with deep emotional and psychological meaning. It explores his use of dark imagery and symbolism transforms myth into psychological and philosophical reflection on life, death, memory, and inner conflict.130 views
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Acid attacks are one of the cruelest forms of violence, causing permanent physical injuries, psychological trauma, and long-term social and economic suffering for survivors. Victims often face disfigurement, disability, repeated surgeries, emotional distress, and social isolation, making rehabilitation extremely difficult. In India, legal reforms have introduced specific provisions to address acid attacks and provide compensation to survivors through the Victim Compensation Scheme.This study critically analyses the Victim Compensation Scheme for acid attack survivors in India by examining its legal framework, implementation, and effectiveness in ensuring proper rehabilitation. It focuses on whether the compensation provided is sufficient to meet medical expenses, psychological support, and livelihood restoration. The study finds that although the legal framework is progressive, its implementation remains weak due to delays in compensation disbursement, inadequate financial support, lack of awareness, procedural difficulties, and poor rehabilitation measures. Compensation often fails to cover long-term treatment and social reintegration.The study concludes that victim compensation should be treated as a constitutional right and not as charity. It suggests the need for uniform compensation across states, timely disbursement, stronger institutional support, and a more victim-centric rehabilitation system to ensure meaningful justice for acid attack survivors.88 views
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Pusphamala N.’s photographic performance in new media art explores photography as the ultimate medium; her works address themes of gender equality, individual identity, and cultural imagery through role-play and dramatic imagery. By positioning herself as both subject and artist, she challenged predictable visual narratives and stereotypical images rooted in history, popular culture, and nationalism. The study primarily focuses on the visual analysis and challenges stereotypes to examine her works, highlighting how photographic performance functions as a dangerous tool in contemporary art. This research aims to highlight Pushpamala N.’s contribution to redefining photography as an active and conceptual medium in New Media Art.92 views
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Dharma Jurisprudence: Revitalizing Indian Knowledge System in Law
Student at SMS Law College, Varanasi, Uttar Pradesh, IndiaPages 2970 - 2973The Indian legal system is a palimpsest, where all the most important statutory law is written over a social frame that ignores a large number of indigenous philosophical foundations of justice. As the main concept of this composition is to explore the concept of “Dharma justice," the basic argument is that the revivification in the Indian Knowledge System (IKS) is not just an exercise in nostalgia but a need for achieving true “social justice." By differentiating it from the Western right, which is the grounded approach, from the Dharmic, which is the duty-based approach, the purpose of this paper is a conflation where the Constitution of India is interpreted through the lens of Dharma, which is not defined as just religion but as the eternal order of righteousness and cosmic balance.123 views -
Re-interpreting Myths through Feminist Philosophy: A Study of Nalini Malini’s New Media Art Practice
Pages 2974 - 2981Nalani Malini the contemporary Indian artist reinterpretation of feminist philosophy and mythological narratives from Indian and Western traditions. Nalini Malani’s practice through use of video installation, shadow play, animation, soundscapes, and immersive spatial designs themes of gendered violence, patriarchy, memory, and historical trauma. The study primarily focuses on reinterpreting mythological and historical figures particularly female protagonists and challenges patriarchal structures and dominant historical narratives her works, highlighting how new media functions as a critical medium for storytelling and resistance. The research aim to foreground her contribution to feminist discourse and to the development of new media art in contemporary Indian and international art practice.84 views -
Pages 2982 - 2991Pattachitra is India’s one of the oldest and traditional painting forms, arising in Odisha and deeply connected with the cultural heritage, region’s religious traditions, and practices devotion. In Pattachitra painting in Odisha from Raghurajpur, focusing on their narrative, symbolic and aesthetic aspects. It depicts the stories of Indian epics and religious traditions with vibrant colors. The research also look at how the art methods likes techniques, colorsand styles and the cultural background like tradition, beliefs and society help to continue this traditional art form. Overall, the study focuses on the Pattachitra as a powerful medium of cultural expression and storytelling.97 views
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Pages 2992 - 3001The right to vote is the cornerstone of every democratic society, reflecting the concepts of equality, representation and political involvement. However, in India, undertrial prisoners–who are assumed innocent until proved guilty–are essentially disenfranchised under Section 62(5) of the Representation of the People Act, 1951. The study critically analyses the denial of voting rights to undertrial convicts as an illogical and unfair restriction of political participation. The paper contends that such disenfranchisement is in contradiction with the basic principles of constitutional law, including the presumption of innocence, the right to equality under Article 14 and the larger democratic spirit inherent in the Constitution. The statute imposes an unjustifiable disproportionate limitation by placing undertrial detainees on par with convicted persons for the purpose of voting exclusion. The article also investigates judicial interpretations, including the position taken by the Supreme Court of India and assesses whether the current legal system meets the standard of reasonableness and proportionality. In addition, this study is comparative, looking at other jurisdictions such as the United Kingdom, which has seen considerable transformation in the discussion on the voting rights of convicts as influenced by human rights law, especially the rulings of the European Court of Human Rights. The contrast emphasises the increasing acknowledgement of voting rights as a fundamental part of human dignity and political participation.70 views
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Pages 3002 - 3008The traditional tattoo practices of Naga tribes represent an important form of indigenous body art that combines cultural identity, social structure, and artistic expression. Tattooing among the Ao and konyak Nagas reflects distinct visual languages shaped by their beliefs, customs, and social systems. Ao Naga tattoos are characterized by subtle patterns and rhythmic designs that symbolize maturity, social belonging, and community identity. In contrast, Konyak Naga tattoos are bold and visually striking, particularly facial tattoos that historically symbolized warrior achievements, bravery, and social prestige. The tattooing process involved traditional hand-tapping techniques, natural pigments, and indigenous tools, highlighting the artistic and material knowledge of the communities. This research compares Ao and Konyak tattoo traditions to examine differences in symbolism, placement, visual aesthetics, and cultural significance.129 views
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Pages 3009 - 3013The study of textile design patterns and ornaments of the Rengma tribe analyses the visual, cultural, and symbolic significance embedded within their traditional textile practices. Rooted in indigenous knowledge systems, Rengma textiles reflect the tribe’s close relationship with nature, social structure, rituals, and belief systems. By using locally sourced materials, distinctive motifs, and traditional techniques, these textiles function not only as utilitarian objects but also as expressions of identity, status, and cultural memory. This research focuses on the analysis of patterns, ornaments, colours, and materials to understand their symbolic meanings and cultural relevance. By documenting and studying these practices, the research highlights the importance of preserving indigenous textile art within heritage while situating Rengma textile art within the broader context of Indian tribal art and design.74 views
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Pages 3014 - 3018This research examines the relationship between material experimentation and conceptual meaning in the sculpture practice of L.N. Tallur. In contemporary art, materials are no longer treated as mere physical substances but as active elements that contribute to the formation of meaning. Tallur's work demonstrates a unique integration of traditional craftsmanship with modern industrial materials and digital technologies, creating sculptures that question established notions of value, history, and cultural identity. By diverse materials such as concrete, coins, terracotta, and organic elements, his artworks engage with themes of globalization, economic system, and the transformation of cultural symbols. This study analyses selected works to understand how material choices function as conceptual tools, shaping both the visual and intellectual experience of the artwork. The research highlights how Tallur's practice expands the possibilities of contemporary sculpture by emphasizing the dynamic interaction between material, process, and meaning.81 views
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Corporate Social Responsibility: An Analytical Study of Global and Indian Perspectives and Practices
Student at Amity University, Noida, Uttar Pradesh, IndiaPages 3019 - 3029Corporate social responsibility (CSR) has become an increasingly popular and contentious field of study since the 1970s, when it began to garner serious scholarly attention. A recent Google search for the term ‘corporate social responsibility’ yielded over twenty-one million hits, and a Westlaw search for the same term returns over two thousand articles. The study and practice of corporate social responsibility appear to be alive and well, as thousands of companies are vying to gain recognition by adopting the CSR label. Since 2000, over 5300 businesses and 130 countries have joined the United Nations’ (‘UN’) Global Compact, the largest extant international CSR initiative. The World Bank, OECD, and the International Labor Organization all run similar initiatives with thousands of members. Traditionally business has been viewed beyond morality and public policy. The policy that might be right stands as the base of all entities. It is all about managing share holder infect, reputation and investing in the co-competent resources.102 views -
The Efficacy of the Multi-Disciplinary Aspects of Legal Education Syllabus in India
Assistant Professor at Government Law College, Coimbatore, IndiaPages 3030 - 3040This article critically evaluates the multi-disciplinary framework of legal education in India, examining the disjuncture between regulatory prescriptions and pedagogical realities. While the Bar Council of India (BCI) under the Advocates Act, 1961, and the National Education Policy (NEP) 2020 have progressively expanded the legal syllabus to incorporate environmental law, international humanitarian law, human rights, and emerging technology law including artificial intelligence, blockchain, and cybersecurity implementation remains profoundly uneven. It analyzes four key domains: environmental jurisprudence, international law, technology law, and judicial updates, revealing that faculty shortages, infrastructural deficits, and persistent reliance on rote-based assessment methods systematically undermine transdisciplinary learning. It highlights a stark binary between National Law Universities (NLUs), which offer globally integrated, clinically rigorous curricula, and the majority of affiliated colleges where multi-disciplinary content exists only nominally. Despite ambitious BCI mandates, most institutions lack the scientific expertise, digital infrastructure, and pedagogical culture necessary for genuine integration of disciplines. The article argues that superficial syllabus revisions are insufficient; meaningful reform requires structural changes including problem-solving assessments, mandatory inter-university faculty collaboration, minimum technology infrastructure standards for affiliation, and a fundamental cultural shift from memory-based learning to synthetic, cross-disciplinary legal reasoning. Without such systemic overhaul, Indian legal education will continue to produce graduates who are statutorily literate but functionally unprepared for the complex, transdisciplinary demands of contemporary legal practice.59 views -
Protection of Rights of Tribal Communities through Autonomous District Councils (ADCs) under the Constitution Of India: A Comparative Study with Manipur
LL.M. student at Christ (Deemed to be University) University, Pune, Lavasa, IndiaPages 3041 - 3048This paper examines the role of the Autonomous District Councils (ADCs) in protecting and facilitating tribal autonomy in India, focusing on the constitutional provisions of the Sixth Schedule and a comparative study of the statutory ADCs in Manipur. Asymmetrical federalism is found in the Constitution of India in the form of the Sixth Schedule, which grants extensive legislative, executive and some judicial powers to ADCs in the tribal areas of the Indian Northeast. The provisions aim to preserve tribal identity, culture, land and customary laws, and to allow for independent governance. In contrast, the ADCs in Manipur are created by the Manipur (Hill Areas) District Councils Act, 1971, and do not have the same constitutional recognition and autonomy as the Sixth Schedule ADCs. This paper draws attention to the structural and operational constraints of the Manipur ADCs, such as limited legislative powers, financial constraints and strong state government control. This undermines their capacity to protect tribal rights and enable effective self-governance. Employing a doctrinal and comparative approach in the analysis of constitutional and statutory laws, case laws and secondary literature, the paper highlights that there is an autonomy deficit in the ADC system of Manipur. This imbalance, it suggests, stymies the larger goal of tribal empowerment and socio-political justice. The paper concludes that constitutional recognition or significant reforms are needed to bolster the ADCs in Manipur. This can be through extending Sixth Schedule provisions or strengthening statutory powers to guarantee autonomy, accountability and protection of tribal rights in the state.101 views -
Pages 3049 - 3058This research paper presents a comprehensive analysis of alimony and maintenance laws in India, critically examining whether these laws advance or undermine the constitutional ideals of equality and social justice. India's maintenance framework is fragmented along religious lines: Hindus are governed by the Hindu Marriage Act, 1955 and the Hindu Adoptions and Maintenance Act, 1956; Muslims by the Muslim Women (Protection of Rights on Divorce) Act, 1986; and Christians and Parsis by outdated colonial-era statutes, all supplemented by the secular Section 125 of the Code of Criminal Procedure, 1973. This pluralism, rooted in colonial policy, creates stark inequalities—particularly for Muslim women whose entitlements are circumscribed by the iddat period compared to the permanent alimony available to Hindu women. The paper evaluates landmark Supreme Court decisions including Shah Bano (1985), Danial Latifi (2001), Bhuwan Mohan Singh (2015), and Rajnesh v. Neha (2020), which progressively reframed maintenance as a constitutional right rooted in dignity under Article 21. Despite judicial advances, systemic barriers persist: patriarchal assumptions in judicial reasoning, procedural delays, forum shopping, and inadequate enforcement mechanisms. The paper argues that India requires comprehensive legislative reform establishing a Uniform Maintenance Code that is gender-neutral, religion-agnostic, and constitutionally coherent. It will be of interest to legal scholars, family law practitioners, policymakers, feminist legal theorists, and civil society organizations engaged with questions of gender justice, constitutional equality, and personal law reform.181 views
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The path of the interaction between Competition Law and Intellectual Property (IP) is traced in this article, beginning from their foundational divergence—where IP seeks to reward innovation through exclusivity, and Competition Law strives to prevent market monopolisation —to their current convergence in the global knowledge economy. A historical-analytical and normative approach is employed to examine the dialectical balance between innovation incentives and market fairness, which has been the central axis in shaping the legal framework governing this interface . The study highlights the adaptive strength of both regimes, as evidenced by international instruments such as the TRIPS Agreement, EU competition directives , and landmark antitrust jurisprudence addressing abuse of IP dominance. However, it also uncovers the growing inadequacies of existing norms in tackling modern challenges such as digital platform monopolies, data-driven innovation , standard-essential patents, and AI-generated intellectual property. The findings suggest that while significant progress has been made in harmonising the goals of innovation promotion and consumer welfare, emerging forms of technological concentration and cross-border enforcement asymmetries continue to test the resilience of current legal models. The paper calls for a new normative ethos—one that integrates dynamic competition policy with equitable IP governance through interdisciplinary, intersectional, and international cooperation . This comprehensive analysis not only enriches contemporary debates on IP–competition law reform but also offers pragmatic pathways for preserving both innovation incentives and competitive market structures in the twenty-first century.102 views
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Research in Cybercrime: Why to not use the Black-letter Approach?
Faculty of Law, University of the Western Cape, Cape Town, South AfricaPages 3076 - 3092Driven by the rapid technological advancements and increasing global connectivity, cybercrime has emerged as a pervasive and evolving threat to almost all societies today. Gaining useful insights into the very nature of this multifaceted phenomenon requires adopting innovative and robust research approaches. For many centuries, legal research was dominated by doctrinal approaches. This paper explores the various aspects of cybercrime research and analyses the suitability of the conventional doctrinal approach to the mandates of cybercrime research. The paper argues that the efficacy of cybercrime research rests largely on the ability of this research to encompass and utilise the technical and behavioural aspects of the phenomenon of cybercrime. The paper utilises a conceptual methodological approach to articulate the arguments presented and to leverage the theoretical tenets of qualitative analysis for the specific purpose of synthesising the various epistemological positions. This was done within inductive and deductive frameworks. Drawing on the interdisciplinary perspectives of sociology, computer sciences, and legal studies, the paper concludes that cybercrime research should adhere to interdisciplinary approaches to advance its scholarship and to enhance the validity and reliability of cybercrime research.61 views -
Life Insurance and Suicide: A Study of the Legal Position and Judicial Pronouncement
Assistant Professor at Amity Law School, Amity University, Mohali, Punjab, IndiaPages 3093 - 3108This article examines the legal position governing suicide in life insurance contracts, with particular focus on contractual exclusions, insurer liability, and judicial interpretation in India. Life insurance, unlike contracts of indemnity, operates as a special species of contract founded on utmost good faith, risk allocation and long-term financial security for dependants. Within this framework, suicide has remained one of the most contested exclusions, raising complex questions at the intersection of contract law, public policy and consumer protection. The study explores the historical evolution, nature and significance of life insurance contracts and critically analyses the legal implications of suicide as an insured event. It examines the rationale and operation of suicide clauses and contestability clauses in life insurance policies, particularly in the context of moral hazard, non-disclosure, burden of proof and insurer defenses. Special attention is given to the regulatory framework in India, including changes introduced in suicide exclusions and their impact on nominee rights under linked and non-linked insurance plans. The article further undertakes a doctrinal analysis of significant judicial pronouncements, including decisions of the Supreme Court and consumer fora, to trace the evolving judicial approach toward interpretation of suicide clauses. It highlights how courts have balanced strict contractual stipulations with principles of equity, public policy and protection of policyholders’ beneficiaries, while also examining the divergence between English common law principles and the Indian legal position. The study argues that judicial interpretation has played a crucial role in mitigating harsh contractual exclusions and ensuring fairness in adjudicating insurance claims involving suicide. It concludes that while suicide clauses serve legitimate commercial purposes in preventing abuse of insurance contracts, their application must remain subject to transparent drafting, regulatory oversight and purposive judicial scrutiny. The article contributes to ongoing discourse on insurance jurisprudence by evaluating whether existing legal norms adequately balance insurer interests with social justice concerns in cases involving self-inflicted death.202 views -
This study is investigating to known the voting behaviour of people focusing on how exposure to digital media and the spread of fake news and misinformation shapes their perceptions and influences their electoral choices. The swift circulation of false information through social media, online platforms, and digital outlets can shift public opinion, influence decision-making, and mostly impact the first time voters behaviour. This research particularly covers the Chennai population and the majority of responses are got from the young generation who are first-time voters as well as general public. Here also we included how the people’s voting process get affected due to digital media misinformation about the election and how it’s affects the citizens voting behaviour. We have also discussed the historical of digital misinformation on voter behaviour. The main aim of this study is to bring awareness among the society about the digital misinformation that spreads before and at the period of election and to get the suggest regulation and rules that can be made to combat against the spread of fake news and here this study concludes that there is a need for more provisions and laws regarding the digitalised misinformation that impacting the voters behaviour.77 views
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Homoeopathy at the Intersection of Law, Science, and Public Health in India
Intern at Dr. Abhin Chandra Homoeopathy Medical College and Hospital, Bhubaneswar, Odisha, IndiaPages 3125 - 3138Homoeopathy, as a recognized component of India’s AYUSH framework, occupies a unique position at the convergence of legal regulation, scientific debate, and public health delivery. With increasing reliance on traditional and complementary medicine—globally used by nearly 80% of populations for primary healthcare as per WHO estimates—the role of homoeopathy in India’s healthcare system demands critical and structured analysis. This paper aims to examine the legal status of homoeopathy in India, analyse its scientific principles and controversies, evaluate its contribution to public health, and identify policy gaps for its effective integration into mainstream healthcare systems. The study adopts a doctrinal research approach, relying on primary legal sources such as the Drugs and Cosmetics Act, 1940, and the National Commission for Homoeopathy Act, 2020, along with policy documents of the Ministry of AYUSH, WHO reports, and relevant academic literature. The paper explores the evolution of homoeopathy within India’s legal and institutional framework, its scientific foundations including ultra-dilution and individualized treatment, and its growing role in addressing chronic, psychosomatic, and preventive healthcare needs. The study finds that while homoeopathy is legally recognized and widely practiced—with over 2 lakh registered practitioners in India—its integration into public health remains limited due to regulatory fragmentation, scientific skepticism, and lack of standardized protocols. Strengthening regulatory coherence, promoting evidence-based research, and integrating homoeopathy into primary healthcare can enhance its contribution to accessible, affordable, and holistic healthcare delivery in India.113 views -
Pages 3139 - 3145Legal research is the systematic process of identifying, locating, and analysing legal information such as statutes, case laws, and scholarly writings to resolve a legal issue or develop legal arguments. The role of legal research in the society is massive, as courts rely on it to interpret law and academics use it to critically evaluate the legal systems. For any legal research to be meaningful, data collection becomes very important as the conclusion is bound to be weak if data collection is incomplete or biased. This paper explores the transition from traditional, human-driven methods of data collection—which prioritised accuracy over efficiency—to the advent of artificial intelligence, which is changing the landscape of data collection through automated scanning and algorithmic filtering. While artificial intelligence definitely saves time and offers a wider database, it carries certain dangers, primarily being that AI can misinterpret the law, carry bias from past data, and lacks transparency. The research examines how AI performs data mining and natural language processing to scan thousands of judgements, providing a scale of research that is humungous. However, a contrast is clear: the traditional method was deeper and the reasoning was transparent, whereas in artificial intelligence, the decision is opaque and the reasoning is not clearly explainable. This nondisclosure of the basis of information is against the principle of natural justice. Ethics is the cornerstone of a legal research, denoting fairness, honesty, and responsibility. This paper highlights serious challenges involved in AI-driven research, specifically the risk of prejudice in data. If the past judgements were biased, then artificial intelligence repeats it at scale and perpetuates it to a larger extent. Along with bias, the problem of accuracy and hallucination creates a question mark on the credibility of the legal research. Furthermore, the biggest challenge identified is the impact on academic integrity, as copying AI output challenges the traditional requirement for original thinking and sufficient reasoning. Ultimately, the paper argues that while AI is powerful, there is no sufficient and clear legal control to regulate it. It concludes that a human must be in the loop whereby artificial intelligence assists and human being decides. By regulating AI to withstand the tests of transparency, accountability, and fairness, the quality of legal research can be increased to better help policymakers and the society.103 views
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Pages 3146 - 3150This research paper examines new media art within the postmodern context, focusing on how contemporary artists expand traditional boundaries of form and medium. The study centers on Anish Kapoor’s evocative artworks, which provide a vital lens for grasping space and infinity in todays art world. Through industrial materials, gleaming reflective surfaces, and monumental installations, Kapoor builds immersive realms that unsettle visual certainty and summon a profound sense of boundlessness. While not rooted in digital tech, his practice syncs seamlessly with postmodern new media discourse by reimagining sculpture as dynamic, bodily encounter with space. In essence, Kapoor pushes new media art beyond technological boundaries, underscoring its rich perceptual and intellectual possibilities in contemporary creation. Although Kapoor’s approach shuns heavy reliance on digital technologies, it aligns strikingly with postmodern new media discource by transforming sculpture form a static object into a fluid, spatial phenomenon that demands embodied participation.88 views
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Pages 3151 - 3171In the Indian digital economy, which is rising, Amazon, Flipkart, Book My Show, and Google are using advanced exclusivity systems, such as preferred seller structures, exclusive product releases, manipulations of algorithmic rankings, and extended contractual lock-ins, to centralize the market. These practices are seemingly rational business approaches, which create insidious exclusionary consequences beyond the purview of liability under Section 3(4) and 4 of the Competition Act, 2002. It is theorized in this article that the sickness of Indian antitrust enforcement is essentially perceptual: a structural blindness to invisible foreclosure, in which corporate governance apparatuses transform visibly anti-competitive behavior into doctrinally pure enterprise. The analysis breaks down landmark regulatory moments of the CCI investigations of Amazon and Flipkart (20202024), Google Android investigations (20222025), the casebook Book My Show (2026) and the abrupt withdrawal of the Draft Digital Competition Bill (August 2025) through the prism of an interdisciplinary duct. It introduces constructive analytic foreclosures, visible harm: it introduces to the view of its traditional antitrust intuitions the role of the boardroom deliberations, executive compensation regimes, entrenchment of promoters, and opaque algorithmic ecologies to establish commonplace acceptance of exclusion.105 views
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Forensic Intelligence and the Young Offender: A Framework for Integrating Behavioral Analysis, Toxicology, and Digital Forensics in India
Student at Symbiosis Law School, Nagpur, Maharashtra, IndiaPages 3172 - 3192The early identification of children at risk for severe antisocial behavior remains a critical challenge for juvenile justice systems globally. While the Macdonald triad has been largely debunked as a predictive model, its individual components-particularly animal cruelty-remain significant markers of psychological distress and predictors of future interpersonal violence. This paper proposes the “Sankalp” model, a novel, tiered forensic framework tailored for India’s socio-legal landscape. It integrates three investigative lenses: forensic psychology to assess callous-unemotional traits and conduct disorder; forensic toxicology for non-invasive screening of peripheral serotonin (a validated biomarker for impulsive aggression); and digital forensics to analyze early patterns of cyberviolence and online radicalization. Global case studies from the US, EU, and Mexico are examined to extract best practices in interagency cooperation, empathy-focused intervention, and handling extreme environmental risk factors. The framework directly addresses challenges within the Indian context, including infrastructural gaps, cultural sensitivities around animal treatment, and the constitutional protection against self-incrimination under Article 20(3). It is designed to operate within the ethical and legal boundaries of the Juvenile Justice (Care and Protection of Children) Act, 2015, emphasizing consent-based, rehabilitative support over punitive surveillance. The Sankalp model aims to shift the paradigm from reactive punishment to proactive, data-driven, and ethical intervention, preventing the escalation of at-risk youth towards more brutal crimes by addressing root causes at the biological, psychological, and social levels.65 views -
Family Protector or Perpetrator: An Analysis on the Role of Family in Child Sexual Abuse
Student at Christ (Deemed to be University) University, Pune, Lavasa, IndiaPages 3193 - 3203Child sexual abuse (CSA) is a serious infringement on children's physical autonomy and psychological health, with intra-familial child sexual abuse being one of its most concealed and catastrophic manifestations. Abuse performed by parents, siblings, relatives, or caretakers is exceptionally destructive owing to the breakdown of trust and emotional reliance inherent within family connections. Psychological research repeatedly demonstrates that such abuse leads to enduring trauma, including depression, post-traumatic stress disorder, interpersonal challenges, and developmental deficits. In India, data from the Protection of Children from Sexual Offences (POCSO) Act indicate that most reported cases involve perpetrators familiar to the child; however, intra-familial abuse is notably underreported due to stigma, fear of familial disintegration, and cultural pressures to maintain honour and silence. This article employs a doctrinal and qualitative psycho-legal approach, using secondary sources including academic literature, psychological research, government papers, court records, and international inquiry results. It critically evaluates the efficacy of the POCSO Act, 2012 in addressing intra-familial CSA and reveals a considerable gap between the law’s progressive goal and its real consequences. The execution of POCSO, despite its complete legislative framework and child-friendly processes, is compromised in family-based abuse cases due to delayed disclosure, absence of physical evidence, trauma-induced contradictions in testimony, and insufficient training of law enforcement and court personnel. Mandatory reporting requirements exacerbate disclosures in familial contexts, often resulting in the concealment or compelled retraction of grievances. The research adopts a comparative perspective, extracting insights from foreign cases, including the United Kingdom’s Independent Inquiry into Child Sexual Abuse and analogous frameworks in Australia and Germany, which prioritise survivor-centred, trauma-informed, and interdisciplinary approaches. The research indicates that India lacks comparable independent monitoring and effective rehabilitation frameworks for child survivors.. Effective child protection must extend beyond punishment to promote safety, dignity, and long-term healing for survivors.77 views -
Pages 3204 - 3220The rapid expansion of digital markets has transformed how consumers interact with businesses, but it has also enabled the widespread use of dark patterns, interface designs that subtly manipulate user behaviour. This paper examines the concept of “manufactured consent,” where consumer choices are shaped not by informed decision-making but by psychological nudges embedded within digital platforms. By integrating legal analysis with insights from behavioural psychology and management strategy, the study explores how businesses leverage cognitive biases such as default effects, loss aversion, and decision fatigue to influence user actions, often at the cost of genuine autonomy. From a legal perspective, the paper evaluates the adequacy of existing regulatory frameworks, including data protection and consumer protection laws, in addressing these manipulative practices. It highlights the challenges regulators face in distinguishing persuasive design from exploitative manipulation, particularly in jurisdictions like India where enforcement mechanisms are still evolving. From a managerial standpoint, the study analyses how dark patterns are deployed as strategic tools to maximize engagement, conversion rates, and data extraction, raising questions about ethical governance and corporate responsibility. The paper argues that traditional notions of consent are increasingly inadequate in the face of psychologically engineered interfaces. It calls for a reconceptualization of consent that accounts for behavioural realities, alongside stronger regulatory interventions and ethical design standards. Ultimately, the study contributes to the growing discourse on the intersection of law, psychology, and management by demonstrating how digital architectures are reshaping the boundaries of consumer autonomy and legal accountability.92 views
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The Role of Alternate Dispute Resolution in Mitigating Climate Change and Achieving Sustainable Development
Assistant Professor at Asian Law College, Noida, Uttar Pradesh, IndiaPages 3221 - 3249Climate change is among the greatest existential challenges that are facing humanity in the 21 st century. In spite of the collective international actions with references to the international frameworks and organizations like the Paris Agreement and the Sustainable Development Goals (SDGs), environmental degradation keeps growing. The traditional system of law especially in relation to environmental litigation has been found to fail in providing fair and prompt results because of delays in the process, technical ignorance, and institutional overload. Here, the Alternative Dispute Resolution (ADR) options are being adopted as an expedient and dynamic legal tool to enable climate management, arbitrate environmental conflicts and realign development processes with sustainable ecological directives. In this paper, the author will discuss how ADR, in form of mediation, arbitration, and negotiation, could facilitate climate justice and environmental sustainability. It also discusses the loopholes of the current climate litigation system, the purpose of ADR in addressing SDGs, and case examples both national and global where ADR has effectively been utilized in solving complicated environmental issues. The paper, with the help of a multi-disciplinary approach based on law, environmental science, and development studies, attempts to add to the debate on how economic development can be reconciled with ecological preservation.159 views -
Pages 3250 - 3258The fast-paced evolution of Artificial Intelligence (AI) has had a profound impact on decision-making in various sectors, especially corporate banking and insurance. This paper discusses the evolution of AI both historically and theoretically and assesses its legal and ethical consequences in relation to these sectors. The paper will look at the evolution of AI starting with early rule-based AI in the 1950s and 1970s, moving through machine learning in the latter half of the twentieth century, and concluding with modern forms of AI including deep learning and autonomous systems, which require less human involvement. This study will discuss how the increasing autonomy and sophistication of AI have resulted in the evolution of AI from simple technology to actual players in decision-making processes. AI provides numerous benefits for corporations, including increased efficiency, accuracy, and risk mitigation however, they pose many legal challenges due to issues of accountability, transparency, and liability. The analysis concludes that existing legal frameworks are insufficient to fully regulate the complexities of AI-driven decision-making. It emphasizes the need for evolving legal doctrines and regulatory approaches, such as stricter liability regimes or new accountability models, to ensure responsible deployment of AI technologies. Understanding the historical evolution and ethical dimensions of AI is therefore essential for developing legal frameworks capable of addressing the challenges posed by intelligent and autonomous systems in the modern financial landscape.90 views
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Rerouting, Recoursing or Resorting: Impact of the Reforms in the Criminal Laws 2023 on Victims of Crime
Associate Advocate at Chamber of Adv. Soumyajit Raha, West Bengal, IndiaPages 3259 - 3271The new criminal laws introduced in 2023, namely the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) bring sweeping reforms to modernize the current criminal justice system, replacing the colonial-era Indian Penal Code (IPC), Criminal Procedure Code (CrPC), and Indian Evidence Act (IEA), respectfully. The technological integration in law, coupled with victim-centric reforms, has significantly shaped the trajectory of criminal law reforms in 2023. Advancements such as AI-assisted legal research, blockchain for secure evidence management, and real-time analytics in criminal investigations have streamlined the justice delivery process, ensuring greater transparency and efficiency. These technological tools have led to a more compassionate and effective legal system when combined with reforms prioritizing victims' rights, such as expedited trials, enhanced witness protection mechanisms, and trauma-informed care. Action research involves a participatory and iterative process, focusing on real-world applications of these reforms, such as their implementation by law enforcement and their impact on victims and communities. The 2024 criminal law reforms mark a significant step toward a modern, inclusive, and victim-centric justice system. For effective implementation, key measures include robust institutional frameworks, continuous monitoring, public awareness, and leveraging technology to streamline processes and ensure data privacy. Periodic reviews should keep laws relevant to evolving crimes like cyber and organized offences. Collaboration among stakeholders, lawmakers, law enforcement, civil society, and subject experts, is essential. Special attention must be given to rehabilitation and the needs of vulnerable groups to ensure equitable justice. Ultimately, the reforms' success hinges on adaptability and sustained, inclusive efforts.71 views -
Rethinking Inventorship in the Age of Artificial Intelligence: A Legal Analysis of AI-Generated Inventions
Student at Symbiosis Law School, Nagpur, Maharashtra, IndiaPages 3272 - 3297In the study, three main questions are discussed, namely, can AI become an inventor in accordance with the current legislation, how should AI-generated inventions be owned, and is the existing legal framework capable of handling the issues of autonomous technologies. The paper uses a doctrinal and comparative approach of analysis of the Indian patent law as compared to international jurisdictions such as the United States, the United Kingdom, the European Union, Australia, China and Japan with specific reference to the landmark case of DABUS. The results of the research indicate that the judicial consensus on the principle of inventorship as a preserve of natural personalities is nearly universal, supported by statutory interpretation and lack of legal personality in AI systems. The unavailability of statutory guidance on AI inventorship in India and the limited nature of the Section 3(k) and the inefficiency of the patent office system poses a high degree of legal uncertainty, which does not encourage innovation or investment. The paper states that the Patents Act should be reformed and promptly. It suggests reinventing inventorship to reflect AI-enhanced work, creating explicit default ownership systems, creating specific guidelines on patentability, using a regulatory sandbox, and integrating ethical measures against monopolization. The paper argues that these reforms should strike a balance between a stimulus to technological improvement and safeguarding the interests of the greater population.110 views -
Pages 3298 - 3306The plight of the Rohingya is one of the world order's most urgent humanitarian crises and legal challenges. The Myanmar government and army have been systematically discriminating against the population of the Rohingya, a stateless population, over years of state-sponsored discrimination and periodic violence. Focusing on crimes against humanity, ethnic cleansing and genocide, this book offers a critical assessment of the situation from the perspectives of international criminal law and refugee law. The paper draws on primary sources such as the 1951 Refugee Convention, the 1967 Protocol, the International Court of Justice's temporary measures in The Gambia v. Myanmar, the UN Fact-Finding Mission Monitoring reports, and scholarly writings, to assess the merits and shortcomings of the existing legal framework.It also examines the role of regional and international bodies such as the UN Security Council, ASEAN, OIC, ICC and UNHCR in regards to accountability and protection. The study suggests that while the international refugee law is critical in delivering rudimentary protection for forcibly displaced people, it cannot deal with the intricacies of issues such as state-sponsored genocide and displacement of stateless persons. Ineffective enforcement and Myanmar's non-ratification of critical treaties, lack of legal commitments by many refugee-responsible states and geopolitical issues limit protection. The article concludes with a number of proposed changes to international refugee protection, better burden-shifting, better accountability mechanisms and better international responses to events such as the Rohingya crisis and other genocides and mass atrocities.53 views
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Shareholder Activism and its Impact on Corporate Governance in India: A Critical Analysis
Student at University of Petroleum and Energy Studies, Dehradun, Uttrakhand, IndiaPages 3307 - 3319Shareholder activism is defined as the use of shareholder rights to achieve a change in behavior by corporations. This practice originated from the United States and the United Kingdom and is gradually gaining traction in India due to the implementation of liberalization policies in 1991, the development of an effective regulatory regime for securities, and the increased confidence of institutional investors. The primary objective of the current study is to examine the environment in which shareholder activism takes place in India by making reference to the relevant regulations like the Companies Act, 2013, SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, and the SEBI Stewardship Code, 2020. This paper employs the doctrinal research method, supplemented by case studies such as the Tata-Mistry dispute, the Infosys whistleblower episode, the mismanagement at Fortis Healthcare, and the problems at Yes Bank. It can be argued that although shareholder activism is a very effective form of corporate governance, certain structural barriers exist and restrict its potential. These include the prevalence of promoter-led ownership, lack of awareness among retail investors, as well as the infancy of class-action litigation.135 views -
Justice at the Eleventh Hour: An Analysis of Assam Fixation of Ceiling on Land Holdings (Amendment) Act, 2025
Advocate at Bar Council of Assam, Nagaland, Mizoram, Arunachal Pradesh and Sikkim, IndiaPages 3320 - 3325Tea, a popular beverage of the Indian subcontinent, is marked with a dark colonial history. The British colonial powers can be accredited with the establishment of the commercial tea industry in Assam in the 1830s, although the plant had been cultivated by many indigenous communities of Assam before its commercialisation. The present article analyses a key amendment brought about in the land laws of Assam which is intrinsically linked to the rights of tea tribes, a community that was forcefully migrated into Assam to satisfy the labour needs of the colonial tea industry. These indentured tribes were recruited under various false assurances, including the illusion of land ownership; a promise set to be fulfilled by the Assam Fixation of Ceiling on Land Holdings (Amendment) Act, 2025. The amendment seeks to acquire and redistribute surplus lands of tea estates amongst the tea tribes of Assam. However, many questions about its efficacy and validity have been raised, which shall be the main points of contention in this legislative comment. In the end, the article aims to provide a holistic view of the amendment, delineating its major advantages and critiques. Justice for the tea tribes has been long overdue and the 2025 amendment has been a novel step towards securing such justice, but the question remains: Does it truly secure the ends of social justice or is it only a paper tiger?124 views -
Evaluating the Enforcement Mechanism under India’s Data Protection Framework: The Role of the Data Protection Board
Student at Amity Law School, Noida, Uttar Pradesh, IndiaPages 3326 - 3334A law’s true effectiveness lies not in its text but in its enforcement. This paper examines the enforcement architecture under India’s Digital Personal Data Protection Act, 2023, with particular focus on the Data Protection Board of India (DPB) as the central adjudicatory and regulatory authority. It analyses the structure, powers, and functioning of the DPB, including its role in adjudicating complaints, imposing penalties, and facilitating compliance through mechanisms such as voluntary undertakings. The study highlights key innovations such as the digital-by-default complaint system and the Board’s quasi-judicial powers, which mark a significant shift from the earlier fragmented regime under the Information Technology Act, 2000. However, the paper critically evaluates several structural and functional concerns. The most pressing issue is the lack of institutional independence, given the Central Government’s exclusive control over appointments and removals, raising constitutional concerns in light of the right to privacy recognised in Puttaswamy v. Union of India. Additional challenges include accessibility barriers created by fully digital proceedings, the limited deterrent value of the penalty framework when compared to global standards like the GDPR, and the potential misuse of the voluntary undertaking mechanism due to lack of clear guidelines and transparency. The appellate framework through TDSAT is also questioned for its lack of specialised expertise in data protection law. The paper concludes that while the DPB represents a significant step forward in India’s data protection regime, its current design risks undermining effective enforcement. It recommends reforms including ensuring structural independence, strengthening penalties, introducing inclusive access mechanisms, clarifying procedural safeguards, and developing specialised appellate expertise. Without such reforms, the DPB may struggle to function as a credible and effective guardian of India’s data privacy rights.77 views -
Liability Concern in Traffic Fatalities: A Critical study of India’s Motor Vehicle Regulatory System
Pages 3335 - 3346India is one of the nations with the highest number of road accident deaths worldwide, making road traffic fatalities a serious public health and legal concern. The Motor Vehicles Act, 1988, as modified in 2019, provides a thorough legal framework, however the problem of liability in road fatalities is still complicated and not sufficiently addressed. With an emphasis on responsibility assessment and enforcement, this essay offers a critical analysis of India's motor vehicle regulations. The report contends that a variety of factors, including driver irresponsibility, inadequate infrastructure, vehicle flaws, lax enforcement, and delayed emergency responses, interact to cause traffic accidents. But the current legal system mostly takes a driver-centric approach, frequently ignoring the responsibility of other stakeholders. This leads to inadequate deterrence and dispersed liability. The operation of Motor Accident Claims Tribunals (MACTs) is further examined in the article, with particular attention paid to evidence difficulties, insurance-related conflicts, and procedural delays that impede prompt reimbursement. Although the Motor Vehicles (Amendment) Act, 2019 brought forth progressive changes like stronger fines, protection for Good Samaritans, and higher compensation, its efficacy is constrained by inadequate execution and administrative inefficiencies. The study also places traffic deaths within a wider socio- economic framework, highlighting the unequal effects on at risk groups. It determines that moving towards a multi party liability system, along with enhanced enforcement, infrastructure improvements and technology integration, is crucial for achieving justice, deterrence and effective governance.79 views -
A Critical Study between Activism and Restraint: Rethinking Judicial Review under Constitutional Supremacy
Pursued LL.M. from Brainware University, Kolkata, West Bengal, IndiaPages 3347 - 3354Constitutional supremacy constitutes the foundational principle of modern democratic governance, ensuring that all organs of the State derive their authority from and remain subject to the Constitution. Rooted in the ideals of constitutionalism and the rule of law, it establishes a normative framework within which legislative, executive, and judicial actions are regulated. In this context, judicial review has emerged as a crucial mechanism for the preservation of constitutional supremacy, empowering the judiciary to interpret the Constitution, safeguard fundamental rights, and maintain institutional accountability. The study highlights the role of judicial activism and the development of Public Interest Litigation (PIL) in broadening access to justice and enabling the judiciary to address issues of public concern Adopting a doctrinal and analytical methodology, this paper evaluates the dual role of judicial review as both a protector of constitutional supremacy and a potential source of institutional imbalance. It argues that while an expansive interpretation of judicial review is essential for the effective enforcement of fundamental rights and the promotion of constitutional morality, it must be exercised with caution and within principled limits. The paper concludes that a balanced and context-sensitive approach to judicial review is indispensable for sustaining constitutional supremacy in modern democracies. It advocates for a calibrated exercise of judicial power that harmonizes the need for rights protection with the principles of separation of powers and democratic accountability. Such an approach not only strengthens the rule of law but also enhances the legitimacy and effectiveness of constitutional governance in contemporary society.76 views -
Pages 3355 - 3369The reconsolidation of more than forty central labour laws into four labour codes in India, the Code of Wages (2019), the Code on Industrial Relations (2020), the Code on Social Security (2020), and the Occupational Safety, and Working Conditions Code (2020) is the most extensive legislative reform of the labour legislation system of the Country since Independence. In the paper, a critical analysis of that consolidation is presented, and the focus is on the Occupational Safety, Health and Working Conditions Code, 2020 (OSH Code). Using doctrinal and analytical approaches, it aligns the major provisions of the code with the substantive provisions of the previous statutes, international labour conventions, and constitutional provisions. It claims that the OSH Code has achieved Significant gains in defining clarity, inter-sectoral coverage, and welfare provisions to migrant workers, but at the same time, it erodes some of the hard-fought protections by over-delegating to lower-order rule-making, weakening enforcement mechanisms, and ambiguities that leave managerial discretion to the safety of workers. The article finishes with some reform suggestions that will help close the gap between the legislative aspiration and practical implementation.144 views
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Human Rights Perspective Regarding Serial Killers
Student at Amity University Uttar Pradesh, IndiaPages 3370 - 3375In today’s world, when we hear about serial killers, we only think about Netflix series and how brutal they are, but we tend to forget about how much they have to go through to come to this stage. This dissertation will examine the psychological, criminological, and sociological aspects, and it will also focus on the motives and behavior patterns that provoke them. It also explores factors like childhood trauma, dysfunctional family environments, social isolation, bullying, and how these factors contribute to the development of serial killers. This study aims to provide a holistic view of serial killers and why they commit repeated murders. The serial killers depicted in the Netflix series are not only what is shown, but they are far vaster than that. People only know about a sexual serial killer like Dahmer, Ted Bundy, etc., but there are other serial killers, like contract killers, people who kill for money. It also evaluates the applicability of international human rights standards, such as those found in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, to individuals who have been accused of or convicted of serial killing. The study aims to balance the rights of victims and offenders while understanding the motivations behind serial killings in the context of criminal justice.79 views -
Public Awareness and Trust in Alternative Dispute Resolution
Student at ICFAI University Tripura, IndiaPages 3376 - 3398Alternative dispute resolution (ADR) methods serve as cheaper and faster options to settle dispute in place of litigation. It emerges as a mechanism to resolve disputes outside the court system, offering benefits like cost effectiveness, autonomy. However, public awareness and trust in ADR which give a significant challenge that hinder its widespread adoption. The barrier affecting public perception and confidence in in ADR in mechanisms, including mediation, arbitrator, and conciliation. Factors such as awareness in medio, education and government complain. Barriers in trust in ADR which include bias confidentiality and fairness, lack of standardization or accreditation in ADR professionals. Furthermore, the role of legal practitioners, judiciary, and government initiatives in fostering trust in ADR is analyzed.84 views -
This study focuses on the lifestyle pattern of IT professionals in Chennai by examining how their time is being distributed and the existence of time poverty for their personal activities, development and social interactions. It analyses how the routine of work, commuting, and sleep, day to day routine works limits personal time and affects social interaction and self-development. Data was collected from 25 respondents using a structured questionnaire. The findings indicate that most respondents experience limited personal time, extended work involvement, and mental exhaustion due to an always-on work culture. The study concludes that such patterns lead to time poverty, reduced work–life balance, and a sense of disconnection from personal life, highlighting the need for flexible work policies and reduced commuting.53 views
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Can Bangladesh Extradite Sheikh Hasina?: Case Analysis
Research Scholar at South Asian University, New Delhi, IndiaPages 3410 - 3414This case analysis examines Bangladesh’s request for the extradition of former Prime Minister Sheikh Hasina and the legal challenges it raises for India’s bilateral relations. Following her resignation during a student-led uprising in August 2024, Hasina was tried in absentia and sentenced to death on 17 November 2025 by the International Crimes Tribunal of Bangladesh on charges of murder and crimes against humanity. Bangladesh argues that the 2013 India - Bangladesh Extradition Treaty obliges India to surrender her, while India has responded cautiously, acknowledging the verdict but avoiding any firm commitment and instead emphasising its interest in peace, stability, and democratic processes in Bangladesh. This case analysis evaluates whether Bangladesh can legally compel India to extradite Hasina under the treaty, and whether India is required to comply. It also considers whether the trial against Hasina meets international fair-trial standards, and whether concerns about due process could provide India with valid legal grounds to refuse extradition.115 views -
PMK Number 137/PMK.01/2019 mandates BPDLH to distribute environmental funds equitably and efficiently, empirical conditions reveal disparities in fund distribution due to limited access to information. The research problems identified are how the duties and functions of BPDLH are implemented in environmental fund management, and what obstacles arise in executing these duties and functions to achieve an inclusive distribution of funds. This study employs the theory of authority and the theory of justice as its analytical framework. The research method applied is empirical legal research using a descriptive-analytical approach, examining both primary and secondary data. The findings indicate that BPDLH's authority in managing environmental funds is a form of delegated authority granted by the Ministry of Finance. BPDLH is tasked with managing funds across various sectors, including forestry, energy, carbon trading, environmental services, industry, transportation, agriculture, as well as marine and fisheries. However, the actual implementation of these duties is currently limited to the forestry and energy sectors. This partial execution indicates that the exercise of authority is suboptimal and reflects injustice due to the unequal distribution of funds. There are four primary obstacles in implementing BPDLH’s duties and functions: inflexible fund management, limited human resources, disparities in community capacity, and the risk of failing to meet distribution targets through intermediary institutions. Rigid financial management and a lack of human resources within BPDLH are barriers that hinder the optimal execution of its delegated authority. Additionally, the risk of unmet distribution targets via intermediaries fails to satisfy the principle of distributive justice due to disproportionate funding allocations. Lastly, the capacity gap among beneficiaries restricts public access to funding, thereby contravening the concept of justice as fairness.111 views
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False Rape Allegations and Misuse of Section 376 of the Indian Penal Code: A Critical Legal Analysis
Pages 3426 - 3435This paper presents a critical legal analysis of false rape allegations and the alleged misuse of Section 376 of the Indian Penal Code (IPC). While Section 376 and related provisions, strengthened by the Criminal Law (Amendment) Act, 2013, aim to protect victims of sexual violence and uphold constitutional values of dignity, equality, and justice, concerns have arisen regarding false or exaggerated complaints, particularly in cases involving consensual relationships, promises of marriage, delayed reporting, and lack of corroborative evidence. Employing a doctrinal research methodology, the study analyses primary sources including statutes (IPC Sections 375 and 376, CrPC, and Indian Evidence Act), landmark judicial decisions such as Tukaram v. State of Maharashtra (Mathura case) which prompted the 1983 reforms, and recent Supreme Court rulings like Deepak Gulati v. State of Haryana, Pramod Suryabhan Pawar v. State of Maharashtra, and Dr. Dhruvaram Murlidhar Sonar v. State of Maharashtra on the interpretation of consent. It also reviews secondary sources such as legal commentaries and Law Commission reports. The research highlights the tension between robust victim protection and the rights of the accused, noting that while false allegations are relatively rare, they result in wrongful prosecution, reputational harm, and erosion of public trust. Conversely, excessive focus on misuse may undermine genuine victims. Key gaps identified include the absence of specific statutory provisions for malicious complaints, inconsistencies in judicial interpretation of consent, and insufficient early-stage procedural safeguards. The study advocates for balanced legal reforms, enhanced investigative procedures, clearer evidentiary standards, and greater judicial sensitivity to ensure both gender justice and adherence to principles of natural justice and due process.141 views -
Rethinking Testimonial Credibility: Trauma & Evidence under POCSO
Student at Amity University, Noida, Uttar Pradesh, IndiaPages 3436 - 3440In order to establish a thorough legal framework for addressing child sexual abuse in India through child-sensitive procedures and evidentiary presumptions, the Protection of Children from Sexual Offences Act, 2012 (POCSO) was passed. Significant obstacles still exist in the judicial consideration of child testimony, notwithstanding its progressive design. This essay explores the conflict between the psychological realities of child victims' suffering and conventional evidential standards, namely the emphasis on consistency, immediacy, and coherence. The study makes the case that trauma typically causes delayed disclosure, fragmented memory, and testimonial inconsistencies—all of which are commonly misconstrued as signs of unreliability—based on psychiatric research and judicial developments. It also draws attention to the possibility of secondary victimization in adversarial procedures and the uneven implementation of child-friendly norms. In support of a trauma-informed approach to evidence review, the study highlights the necessity of expert intervention, judicial training, and contextual interpretation of testimony. It finds that in order to maintain the pursuit of justice's sensitivity to the lived reality of child survivors, it is imperative to reconsider believability standards.182 views -
Contemporary Analysis of Digital Media Law and Ethics in India
Student at Thakur Ramnarayan College of Law, Mumbai, IndiaPages 3441 - 3465In this research paper the author will try to cover the Traditional and Digital media, its law and ethics. It will also emphasis on the emergence of new trend of media. As we know our society is going with very rapid pace in scientific and technological field, One of the most significant change is introduction of Artificial Intelligence (Ai) which is now being used in everything and its also affecting the media. Digital media has revolutionized public engagement, administration, and communication with the growth of internet-based platforms like social media, online news portals, and streaming services. The study examines the legislative framework that governs digital media, including the Information Technology Act of 2000, the Intermediary Guidelines and Digital Media Ethics Code Rules of 2021, and constitutional issues such as Article 19(1)(a). It also emphasizes how judicial interpretation shapes digital rights, especially in areas like the right to privacy and freedom of expression. The article also discusses important ethical issues related to digital media, such as false information, hate speech, cyberbullying, and data privacy issues. It highlights the necessity for a balanced approach by critically examining the conflict between freedom and regulation, the study identifies gaps in India’s regulatory framework and suggests possible reforms.74 views -
Pages 3466 - 3485Climate geoengineering, defined as large-scale human interference in the climate system to counteract climate change, has emerged as one of the most important, controversial and legally underexamined contemporary environmental governance frontiers. This study evaluates preparedness of India’s regulatory regime for governance of the emerging climate intervention technologies, namely Solar Radiation Management and Carbon Dioxide Removal techniques, in the context of international environmental law, as well as existing domestic laws of India. The study takes a doctrinal research approach by analysing the constitutional provisions of India along with environmental laws and international treaties of India. The findings are also compared with the European Union, USA and other emerging international governance. India lacks a comprehensive regulatory framework for climate geoengineering. However, the situation on the ground is more complicated. Important environmental laws including Environment Protection Act, 1986, National Green Tribunal Act, 2010, and others, cannot adequately govern the complex, transboundary, and potentially catastrophic risks associated with large-scale climate intervention technologies. The paper outlines crucial governance failures at the national and international levels, assesses the limitations of existing multilateral environmental agreements to deal with the said risks, and critically evaluates India’s ambiguous and evolving response towards international geoengineering governance. The study recommends a framework at the end for regulatory reform involving creation of geo-engineering law, setting up of specialised regulatory authority and active Indian involvement in creation of binding international governance norms for climate intervention technologies. This paper attempts to analyze the inherent barriers to climate geoengineering in India through the prism of environmental law.91 views
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The explosive growth of generative AI has created new legal problems associated with commercial misuse of various aspects of an individual’s identity. During 2025, the Delhi High Court became the first court to deal with such problems by issuing several ex parte interim injunctions under “John Doe proceedings.” This essay will examine some of the relevant orders of 2025 to highlight how the Indian judiciary responded innovatively by extending personality rights, which are grounded in Articles 21 and common law notions of publicity and passing off, to address the threat of deepfakes, voice cloning, artificial voice production, and AI chatbot misuse. Although all these decisions clearly establish that there is a sufficient prima facie case for personality rights based on dignity and goodwill, there are certain contradictions between privacy-based consent approaches and traditional IPR jurisprudence that need to be addressed.136 views
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Pages 3496 - 3506This study critically looks at how the Indian legal system safeguards female prisoners' human rights. Through a gender-sensitive lens, it looks at court decisions, constitutional provisions, and statutory protections for female inmates. Through an analysis of the systemic issues that imprisoned women face, including physical abuse, inadequate healthcare, lack of privacy, and separation from children, this paper seeks to identify legal flaws and propose reforms that are consistent with India's constitutional mandate and international commitments.56 views
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Dynamic Pricing Perception and Purchase Behaviour
MBA student at PES University, Bengaluru, Karnataka, IndiaPages 3507 - 3521This paper looks at consumers' perceptions of dynamic pricing and its impact on purchasing intentions by way of a thorough literature analysis and analysis of primary survey data collected from a group of young Indian consumers. The literature shows how the use of reference price effects, consumer strategy, loss aversion, and perception of fairness affects consumers' reactions towards algorithmic pricing; tactics like markdown skimming, price guarantee, and price frame were found to be highly useful in reducing adverse consumer reactions. An analysis of survey data (responses based on the Likert scale) using multiple regression showed that reference price compatibility proved to be the strongest positive determinant of purchasing intention, while retailer trust was found to have a surprisingly negative impact in tune with the "dark side of reputation." While loyalty programs were seen to be appreciated, strategic waiting was found to be prevalent.125 views -
Historical Evolution of AI in Criminal Investigations in India
LL.M. Student at Amity Institute of Advanced Legal Studies, Noida, Uttar Pradesh, IndiaPages 3522 - 3542This study examines the historical evolution of Artificial Intelligence in criminal investigations in India, tracing the transition from manual policing to data-driven and AI-enabled systems. It highlights key developments such as NCRB, CCTNS, ICJS, predictive policing, and AI surveillance technologies, while analysing the legal and ethical frameworks governing their use. The paper argues that technological advancement must be balanced with privacy, accountability, and constitutional safeguards to ensure fair and transparent criminal justice.76 views -
The European Green Deal and India’s Climate Policies: Comparative Analysis
LL.M. student at Dr. B.R. Ambedkar National Law University, Sonipat, Haryana, IndiaPages 3543 - 3558Every person has a fundamental right to live in a clean environment, but this right is getting worse every day because of the growing global climate issue, which is becoming a major problem in the 21st century. This study analyses two different ways of handling climate change: the European Green Deal, which is a plan to cut carbon emissions, eliminate pollution, protect nature, and use resources efficiently to become climate neutral by 2050. India, however, is a developing nation that balances environmental sustainability with rapid economic expansion, so its plan is founded on fairness and climate justice, along with the idea of Common but differentiated Responsibilities and Respective Capabilities, as it aims to achieve Net Zero emissions by 2070. This paper offers a detailed comparison of the European Green Deal and India's climate policies in terms of global climate justice and asks if the European Union's climate model, which is based on strong regulations and market systems, can be a fair model for developing countries, and how India's focus on fairness and development rights changes discussions about differentiated responsibilities. The research shows both similarities and differences: while the EU is working hard to reduce carbon emissions, its carbon border adjustment mechanism raises concerns about green protectionism, while India's policies reveal significant challenges in finance, technology transfer, and balancing growth with sustainability. By examining both strategies using, the framework of common but differentiated responsibilities and respective capabilities. The paper argues that it is essential to learn from each other. The European union could better include justice and fairness in its climate management, while India could gain knowledge from reliable institutions and innovative financial solutions. In conclusion, a just global climate system requires addressing the gap between developed and developing countries through fairness, cooperation, and shared yet distinct goals.86 views -
Pages 3559 - 3584The Global Defence Chain System (GDCS) – the interconnected network of defence contractors, sub-suppliers, logistics providers, and technology vendors – has become a primary target for sophisticated cyber operations. While the digitisation of supply chains enhances efficiency, it introduces systemic vulnerabilities that adversaries exploit to exfiltrate sensitive defence data, disrupt weapons production, or degrade military readiness. This dissertation provides an analytical study of cyber attacks targeting the GDCS, with a focus on the redressal mechanisms available to victims and the challenges that impede effective remedies. Adopting a mixed-methods approach combining doctrinal legal analysis, comparative case studies, and policy evaluation, the research examines three landmark incidents: the SolarWinds supply chain compromise (2020), the NotPetya malware attack (2017), and the 2023 MOVEit Transfer breaches. These cases illustrate the evolving tactics of state-sponsored and criminal actors, the cascading effects of supply chain compromises, and the inadequacy of existing legal frameworks. The study finds that redressal is hampered by four principal challenges: (i) the difficulty of technical and legal attribution to a responsible actor; (ii) jurisdictional fragmentation that complicates cross-border law enforcement and civil litigation; (iii) contractual and insurance mechanisms that either exclude state-sponsored attacks or fail to flow down liability to lower-tier suppliers; and (iv) the absence of a harmonised international legal framework specifically addressing cyber operations against defence supply chains. The dissertation concludes by proposing a multi-layered redressal framework. It recommends regulatory expansion to cover all supply chain tiers, the establishment of specialised cyber courts, clarification of the “cyber war” exclusion in insurance policies, and the pursuit of international norms that recognise systematic supply chain attacks as a breach of responsible state behaviour. Ultimately, strengthening the resilience of the GDCS requires not only technical improvements but also a fundamental rethinking of legal accountability and global cooperation.68 views
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Comparative Study of Old Labour Laws and New Labour Laws
Student at The Tamil Nadu Dr. Ambedkar Law University, IndiaPages 3585 - 3597India’s labour law framework has historically been governed by a complex network of fragmented and sector-specific legislations enacted over different periods. This multiplicity of laws often resulted in interpretational inconsistencies, compliance burdens, and limited coverage of the unorganized workforce. In response to the evolving economic landscape and the need for regulatory simplification, the Government of India enacted four comprehensive Labour Codes namely, the Code on Wages, 2019, the Industrial Relations Code, 2020, the Code on Social Security, 2020, and the Occupational Safety, Health and Working Conditions Code, 2020 by consolidating 29 central labour laws. This paper undertakes a comparative analysis of the old labour law regime and the new Labour Codes, focusing on structural, substantive, and procedural transformations. It evaluates key changes such as the introduction of a uniform definition of wages, expansion of social security to gig and platform workers, digitization of compliance mechanisms, and increased flexibility in industrial relations. The study further critically examines the implications of these reforms on labour rights, employer obligations, and the balance between economic efficiency and social justice. It concludes that while the Labour Codes mark a significant step towards modernization and ease of doing business, their success depends on effective implementation and safeguarding worker protections.177 views -
Alternative Dispute Resolution and the Right to Speedy Justice under Article 21 of the Constitution of India
LL.M. Student at Amity Institute of Advanced Legal Studies, Noida, Uttar Pradesh, IndiaPages 3598 - 3606The right to speedy trial and expeditious justice has been recognised as an inalienable facet of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India. The Indian judiciary, perennially burdened by an overwhelming docket, has increasingly turned to Alternative Dispute Resolution (ADR) mechanisms—arbitration, mediation, conciliation, and Lok Adalats—as constitutional instruments to operationalise this right. This article undertakes a doctrinal and jurisprudential examination of the interface between ADR and Article 21, tracing the evolution of the constitutional mandate of speedy justice through landmark judgments, legislative architecture, and institutional developments. It argues that ADR is not merely a procedural adjunct but a substantive constitutional imperative rooted in the guarantee of life and liberty. The article also critically appraises systemic constraints that impede the full realisation of ADR's constitutional promise and offers normative recommendations for reform.82 views -
Pages 3607 - 3625The study examines the emerging convergence between climate change litigation and human rights jurisprudence, with a particular focus on its relevance and potential application within the Indian legal framework. Climate change has traditionally been addressed through environmental regulatory mechanisms but now exists as a human rights issue that affects fundamental rights which include the right to life health equality and dignity. The paper uses doctrinal and comparative legal research methods to study important court cases which include Urgenda Foundation v. Netherlands Asghar Leghari v. Federation of Pakistan and Milieudefensie v. Royal Dutch Shell alongside international human rights instruments and evolving global norms. The research shows how courts from different jurisdictions have moved away from project-specific environmental claims to enforceable structural rights-based methods which create mandatory requirements for both states and certain businesses. The study shows that Indian courts use their doctrinal authority to handle climate issues as human rights violations through their broad application of Article 21 and public trust doctrine. The study shows how Indian judges now recognize the relationship between climate change and human rights through their recent judicial decisions. The paper examines the judicial potential for transformative change while showing how justifiability and separation of powers together with enforcement constraints and institutional limits create obstacles to this process. The study proposes calibrated judicial strategies which include scientific benchmarks together with structural remedies and institutional monitoring mechanisms to establish effective and legitimate climate governance. The study demonstrates that a human rights-based climate litigation approach provides India with a strong constitutional foundation for climate justice who protects both institutional equilibrium and democratic authority.81 views
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Reforming Agrarian India: MSP, Farmer Debt, and Legal Pathways to a Self-Reliant Rural Economy
Student at Manikchand Pahade Law College Chhatrapati Sambhajinagar, Maharashtra, IndiaPages 3626 - 3637India is an agrarian economy where more than 50% of the population is dominated by agriculture. India is an agrarian economy where more than 50% of the population is dominated by agriculture. India’s vision of Atmanirbhar Gramin Bharat is mostly seen in the form of Minimum Support Price. The M.S. Swaminathan’s Commission initially discussed MSP and its importance for the wellbeing of the farmers of the nation due to the rising number of farmer suicides in the country in 2004. While MSP is intended to ensure fair prices for farmers, there remains a persistent mismatch between state-proposed and centrally-approved prices of MSP. This has left many farmers selling below the actual cost of the crop. This paper, through a socio-legal study of Maharashtra explores how the current system of Minimum Support Price (MSP) which is designed to safeguard rural incomes has become a source of agrarian distress. While state governments propose MSPs based on real costs and fair profit margins, central approvals often fall far short, which raises many concerns for the farmers. This gap between policy and price reality pushes farmers into debt, which leads to loss of land through Non-Performing Assets, and has contributed to alarming suicide rates. The paper particularly studies regions like Vidarbha and Marathwada where alarming suicides have occurred due to this pertaining issue. The lack of enforceable MSP laws and the absence of institutional redressal mechanisms undermine rural sustainability. The study proposes legal and policy reforms to ensure pricing justice, reduce farmer dependency, and enable true rural self-reliance. It shall be the vision of India for building a sustainable, self-reliant rural Bharat rooted in justice, dignity, and human values.70 views -
Torture and Police Brutality: An Overview under the Indian Criminal Justice System
Student at Christ (Deemed to be University) University, Pune, Lavasa, IndiaPages 3638 - 3645India's criminal justice system continues to struggle with rampant torture and police brutality, as evidenced by the widespread reports of custodial violence that have occurred in the post-independence era. These reports reveal that victims of custodial violence have suffered serious bodily harm or, in some instances, have died due to police torture, which stands in sharp contrast to the constitutional assurances of life, liberty and human dignity that exist in India's Constitution. This article considers police brutality and torture as part of a broader systemic problem caused by structural deficiencies in policing systems, the lack of accountability for police officers using their authority to commit torture, and the disconnect between law (written) and practice (applied). The article also examines how constitutional protections against torture and other forms of custodial abuse are ineffective because the laws do not contain sufficient protections to deter police misconduct and further evaluates key pieces of legislation, including the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam, as well as relevant judicial decisions, that are aimed at preventing custodial abuse. In addition, the article provides an overview of India's obligations under international human rights law, including but not limited to the United Nations Convention Against Torture, and describes the additional consequences that will result from India's failure to ratify the Convention. Finally, the article advances an argument for the need for significant legal reforms to create institutional accountability and to develop rights-based policing as a mechanism to preserve the legitimacy of the rule of law in India through a doctrinal and human right based approach.102 views -
Organised Crime in India: Sentencing Inconsistencies and Evidentiary Complexities in Contemporary Criminal Jurisprudence
LL.M. student at School of Excellence in Law, The TamilNadu Dr.Ambedkar Law University, Chennai, Tamil Nadu, IndiaPages 3646 - 3653Organised crime in India has evolved beyond traditional offences such as smuggling, extortion, illicit trade, and bootlegging into complex, criminal enterprises operating across cyber, financial, and violent crime domains. Organised criminal groups are progressively leveraging artificial intelligence for fraud, impersonation, and concealment, an emerging threat not yet adequately addressed by existing statutory frameworks. Despite the presence of specialised legislations such as the Maharashtra Control of Organised Crime Act, 1999 (MCOCA), the Unlawful Activities (Prevention) Act, 1967 (UAPA), the Prevention of Money Laundering Act, 2002 (PMLA), and the Bharatiya Nyaya Sanhita, 2023, Indian criminal jurisprudence continues to face challenges relating to evidentiary thresholds and sentencing consistency. The continued lack of a uniform definition of organised crime across statutes, along with substantial reliance on circumstantial evidence, has led to divergent sentencing outcomes. These inconsistencies raise constitutional concerns under Articles 14 and 21 of the Indian Constitution. This paper undertakes a doctrinal analysis of statutory frameworks and judicial precedents to demonstrate that sentencing disparity in organised crime cases is structural rather than incidental. It further proposes a reform-oriented framework emphasising proportionality, evidentiary clarity, and structured sentencing guidelines.85 views -
Ambiguities in the Indian Patent Regime: A Critical Analysis with reference to TRIPS Agreement
Ph.D. Candidate at Himachal Pradesh National Law University, Shimla, Himachal Pradesh, IndiaPages 3654 - 3667The Indian patent regime has undergone significant changes in recent years, with the country seeking to align its domestic law with the requirements of the TRIPS Agreement. However, there remain certain ambiguities in the Indian patent regime, particularly in relation to patentability standards and the protection of traditional knowledge. This paper critically analyses the Indian patent regime with reference to the TRIPS Agreement, highlighting areas of ambiguity and proposing recommendations for bringing greater clarity and consistency to Indian patent law. The paper also examines the impact of these ambiguities on the promotion of innovation and economic growth in India, as well as on the protection of public health and traditional knowledge. Overall, the paper argues that greater clarity and consistency in the Indian patent regime is necessary to ensure that the country can continue to promote innovation and economic growth while also protecting public health, traditional knowledge, and access to medicines.60 views -
Fractured Minds, Fractured Justice: Psychological Bias and the Quest for Fairness in Law
Advocate at Bombay High Court, Mumbai, Maharashtra, IndiaPages 3668 - 3673The ideal of justice rests upon the assumption of rational, impartial decision-making; however, legal systems are inherently shaped by the cognitive and psychological limitations of those who operate within them. This paper, Fractured Minds, Fractured Justice: Psychological Bias and the Quest for Fairness in Law, examines how unconscious biases, heuristics, and emotional influences affect judicial reasoning, prosecutorial discretion, and witness evaluation. Drawing upon interdisciplinary insights from psychology and legal theory, the study explores how phenomena such as confirmation bias, anchoring, implicit prejudice, and groupthink can distort fact-finding and legal interpretation. It further analyses the impact of these biases on marginalized groups, highlighting systemic disparities in criminal adjudication and sentencing. The paper also evaluates the extent to which procedural safeguards such as rules of evidence, appellate review, and judicial training mitigate or inadvertently reinforce such biases. By critically engaging with comparative jurisprudence and empirical research, the study underscores the urgent need to acknowledge the human fallibility embedded within legal institutions. It argues that achieving substantive fairness requires not only doctrinal reform but also structural and cognitive awareness within the justice system. The paper concludes by proposing practical interventions, including bias-awareness training, diversification of the judiciary, and the integration of behavioural insights into legal processes, to bridge the gap between the ideal of objective justice and its imperfect realization in practice.46 views -
Pages 3674 - 3691The proliferation of online gaming platforms in India has precipitated a consequential and largely underexamined dimension of cybercrime, namely, the systematic targeting of children through digital gaming ecosystems. This article examines the multifaceted issues and challenges that arise from cybercrime directed at minors within online gaming environments, drawing upon a detailed legal and empirical analysis of the phenomenon in the Indian context. Specifically, the article explores six principal categories of harm — online grooming and exploitation, cyberbullying and harassment, financial fraud and identity theft, privacy and data protection violations, exposure to harmful content, and gaming addiction — before proceeding to analyse the role, limitations, and reform imperatives of the Indian judiciary in addressing these concerns. The article further engages with landmark judicial pronouncements, including Justice K.S. Puttaswamy (Retd.) v. Union of India, Shreya Singhal v. Union of India, and Just Rights for Children Alliance v. S. Harish, to evaluate the evolving contours of cyber jurisprudence in India. Drawing upon a comparative analysis of regulatory models adopted by the United Kingdom and the United States, the article argues that the Indian legal framework, though foundational, remains insufficiently tailored to the dynamic risks presented by gaming technology. The article concludes with a set of normative recommendations directed at legislative reform, judicial specialisation, platform accountability, and child-centric digital governance.129 views
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This chapter examines the important role played by the judiciary in strengthening digital privacy in India. In the absence of a detailed legal framework in earlier times, the courts played a key role in protecting individual rights and shaping privacy law. A major development came with the landmark decision in Justice K.S. Puttaswamy v Union of India, where the Supreme Court recognised the right to privacy as a fundamental right under Article 21 of the Constitution. This judgment laid the foundation for the protection of digital privacy in India. The chapter further analyses how judicial decisions have addressed issues such as surveillance, misuse of personal data, and the need for data protection. It also explains how the judiciary balances individual privacy with state interests like national security. However, challenges such as weak enforcement and rapid technological changes still exist. Overall, the chapter highlights that judicial intervention remains essential for ensuring effective digital privacy protection in India.80 views
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Pages 3702 - 3716Artificial Intelligence (AI) in healthcare is rapidly growing and is being used to improve diagnostic precision, treatment efficacy and efficiency of health care systems. The incorporation of AI technologies, including machine learning, predictive analytics and robotic technologies, has opened up opportunities for early diagnosis, individualised treatment and effective management of patients. But along with these benefits, AI in healthcare poses important challenges in terms of data privacy, algorithmic bias, explainability, and liability for medical errors. This paper uses a doctrinal and analytical method to explore the benefits and challenges of AI in health care, while assessing current regulatory frameworks at national and international level. It identifies deficiencies in existing regulations, such as data protection and medical negligence laws, to address AI-related issues. The research proposes that a strong, ethical, flexible and patient and rights-centred regulatory framework is urgently required to balance the promise of innovation with patient safety and human rights. The paper concludes with policy recommendations to ensure ethical and responsible deployment of AI in healthcare.90 views
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Pages 3717 - 3730Organ trafficking is a crime that is an example of the most scandalous types of transnational organized crime that mixes with human trafficking, poverty and systemic inequality. Even though there are a number of international protocols and domestic law systems to fight this illegal business, the continued proliferation and expansion of organ trafficking rings show that there are major loopholes in the enforcement and cooperation. The article critically assesses efficacy of international legal tools, including the Palermo Protocol and the Declaration of Istanbul and the guidelines of the World Health Organization as well as the domestic legislations of such countries as India, the United States, and the European Union. It analyses the difficulties created by regulations, poor regulatory structures, corruption and socio-economic imbalances that facilitate the practice of organ trade. The research paper posits that legal frameworks are present in theory, but not in practice. It ends by proposing to increase international collaboration, streamline legislations and victim-based strategies in order to deal with the international menace of organ trafficking.73 views
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Beyond the Game: Arbitration and Legal Aid in Sports Law
Student at VIT School of Law, Chennai, IndiaPages 3731 - 3739Modern day sporting is no longer confined to the realm of play, but operate within a complex framework of legal, economic, and institutional governance. They hold a significant spot in a nation’s economy being one of the major hubs for business. Several international bodies have been set up to regulate sports and their legal frameworks. For instance, Court of Arbitration for sports (CAS) is one such body. These courts have judges who have specialized knowledge in sports law more than the general judges present in the courts. Arbitration is one of the forms of an Alternative Dispute Resolution (ADR) mechanism. ADR mechanisms are said to be the most efficient way of resolving disputes out of courts. However, ADRs are a voluntary form of dispute resolution unlike Courts. Hence, they are not affordable to everyone, especially, to the ones who are economically despaired. Legal aid services are available to the ADRs as well, the scope and applicability of which in the practical realm shall be discussed upon in this paper. This paper aims in keenly studying the functioning of ADR in sports laws and the extent of support provided by the legal aid. The paper further aims to delve into the international governing standards. The major questions to be answered in this paper are “Is legal aid truly aiding people in ADRs related to sports,” “Is justice being provided to the aggrieved through these mechanisms” and “Does procedural integrity play an important role while providing justice and upholding the governing standards.” Furthermore, the research places an emphasis on the reforms to be made to enhance inclusivity and fairness by strengthening of legal aid mechanisms, greater transparency in arbitral processes and improved regulatory oversight to safeguard the rights of all participants.101 views -
Harsher Punishments not serving the Purpose : Need for Rehabilitation Theory to Curb Crime
Assistant Professor at Gandhinagar University, Gujarat, IndiaPages 3740 - 3747There are mainly five theories of punishment followed worldwide out of which theory of retribution is the most common one which postulates that the offender should be punished and considers harsher punishments as the only solution to put a halt to the increasing crime rate. Similar to this theory there are theories of deterrence and prevention as well which also supports the idea that an offender shall be subjected to harsher punishments so that it creates fear in mind of other individuals and to keep offenders away from the society to ensure that they do not indulge in any such criminal activity in future. Expiatory theory seeks to transform offender from within which seems quite unreasonable as it cannot be objectively proved that whether individual has undergone any form of transformation. Theory of Rehabilitation seems to be the best approach to curb the surging crime rate as it ensures that offender is not thrown out of society which in turn can fill him vengeance and treats him as victim. It says that nobody becomes criminal by choice, more often than not it is the circumstances of life that put people in such situations. It might be economic or social depravity. Countries like Norway and Germany are successful examples of effective implementation of Theories of Rehabilitation. Data shows reduction in recidivism in these countries after implementation of Rehabilitative Practices. India has also inculcated some practices, in its newly enforced criminal laws, along the lines of this theory. It has provided that offenders committing petty offences can on the judicial discretion be subjected to do community service rather than undergoing imprisonment. This paper supports the idea of making Rehabilitation of offenders as the central idea behind the criminal laws of India and supports it with successful implantation of it in various nations,67 views -
Discourse Analysis and Feminist Jurisprudence: Dissecting Goolrokh Gupta for Judicial Reforms
Student at The West Bengal National University of Juridical Sciences (WBNUJS), Kolkata, West Bengal, IndiaPages 3748 - 3759This article embarks on feminist critical discourse analysis of the Goolrokh Gupta case to propose a strategy for combating majoritarianism and socio-religious discrimination by the Parsi Zoroastrian community against Parsi women who have married non-Parsis. The article analyses judicial precedents to identify existing discourse in the final judgement of the Gujarat High Court, the interim order of the Supreme Court and other relevant materials. It proceeds to classify the discourse into dominant grand narratives and feminist counter narratives and highlights how there is a disjunct from the lived experiences of Parsi women. The conventional strategies for addressing this disjunct are elucidated and their lacunae highlighted, and a new strategy proposed: reframing the dispute as between equivocal groups rather than an individual pitted against an unequivocal community. The article concludes by hoping for the creation of more inclusive judicial decisions by utilising the proposed strategy in tandem with existing strategies.114 views -
Dispute Resolution and Litigation in NRI Property Matters: Legal Challenges and Remedies
Student at Amity Law School, Noida, Amity University Uttar Pradesh, IndiaPages 3760 - 3772This Dissertation constitutes comprehensive examination of NRI Property Dispute in India generally refer to conflicts over ownership, possession, transfer and management of immovable assets in India. The dispute arises out of forged documents, Unclear titles, Partitions and encroachment. This research critically analyses the interrelationship between Indian property law, foreign exchange and regulation and practical challenges faced by the NRI in asserting, defending and transferring their property interest. The primary legislation includes Transfer of Property Act, 1882, Foreign Exchange Management Act 1999 (FEMA), the Representation of People Act, Real Estate (Regulation and Development) Act 2016 (RERA) along with judicial precedent, arbitral awards, case analysis and legal landscape of NRI property dispute resolution. This dissertation also evaluates the Alternative dispute resolution (ADR) mechanism such as arbitration, mediation and conciliation as a solution for dispute settlement. Judicial approaches and landmark case laws are examined to understand the evolving legal disputes in NRI. The inclusion of geographic distance, delay of legal process, excessive regulatory framework and inadequate support from dispute resolution for NRI. Finally, this research provides reforms which aimed at improving access to justice for NRIs which includes digitalization of land records, fast track courts, strict regulations of property transaction and enhance legal safeguard against fraud. This study concludes that Indian legal system provides adequate remedies, effective implementation and ensure timely resolution of NRI property disputes. This paper provides a detailed study of the legal regime includes property dispute, examining the statutory framework, judicial approach, landmark case law, remedies available for NRIs.99 views -
Pages 3773 - 3793This paper investigates how the explosive development of digital academic publishing and the emergence of AI have led to serious research integrity issues mainly through a rise in clone journals and predatory journals. It analyses AI's dual role in the transformation of scholarly communication by highlighting benefits and risks. Adopting a doctrinal method, this paper looks at major ethical topics including authorship, peer review, honesty, and open-access publishing. It is careful to make a distinction between clone journals (fraudulent replicas of legitimate journals) and predatory journals (profit-motivated, low-quality publications that abuse open access models). One of the main inquiries is whether AI supports research integrity or whether it also facilitates misconduct. On the one hand, AI programs are used for plagiarism identification, journal tracking, and research productivity enhancement; on the other hand, they are exploited for creating fraudulent papers citations altered data, and also for supporting paper mills. The article draws attention to the problem of AI authorship which can create difficulties concerning accountability and intellectual property. The paper also mentions laws and ethical standards, including global legal considerations and India's mechanisms that regulate academic integrity violations. Operations and economic incentives behind clone journals and their detrimental impact on academic trust and knowledge systems are discussed in detail. The paper ends with a proposal for a multi-layered reform approach involving legal institutional technological, and ethical measures. It also stresses the importance of a good combination of AI advantages and robust safeguards for the preservation of academic integrity.97 views
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Police Power without Principle: A Critical Analysis of Magyar Farming v. Hungary
Student at OP Jindal Global University, IndiaPages 3794 - 3799Magyar Farming Company Ltd, Kintyre Kft and Inicia Zrt v. Hungary offers a precise illustration of the structural incoherence at the centre of the police power doctrine in international law. This case commentary examines three specific deficiencies in the tribunal’s reasoning. First, the sequencing problem which argues that police power defense is applied as a confirmatory backstop after expropriation is already established rather than as an independent analytical test, leaving unresolved what the doctrine would do if applied independently. Second, the proportionality gap which focuses on the tribunal’s two category framework operates as a threshold classification that abandons structured proportionality analysis entirely, never asking whether Hungary could have achieved its land redistribution objective through means less restrictive of the claimant’s vested prelease rights. Third, the standard of review gap that is the framework implicitly affords zero deference to Hungary’s regulatory assessment without explaining why. While the tribunal makes a durable contribution to the vested rights doctrine by holding that compensation is owed even for legitimate regulatory action interfering with crystallized rights, its police power analysis demonstrates that without universal evaluative criteria, structured proportionality and an explicit standard of review, the doctrine will continue to produce outcomes that are individually defensible but systemically incoherent.96 views -
Legal Challenges in Regulating Marine Pollution under MARPOL: A Critical Analysis
Student at Amity Law School, Noida, Uttar Pradesh, IndiaPages 3800 - 3810Marine pollution has become one of the most important environmental issues of the contemporary world that is largely predetermined by the rapid growth of the global maritime trade and the increasing industrial dependency on the transport systems that are based in the ocean. As a reaction to the increasing menace of pollution caused by vessels, the International Maritime Organization (IMO) embraced the International Convention on the Prevention of Pollution by Ships (MARPOL 73/78), which is widely recognised as the foundation of international maritime environmental regulation. Although MARPOL has a comprehensive structure and is globally accepted, MARPOL still experiences significant legal, institutional and operational challenges that restrict its overall effectiveness. This dissertation critically examines the legal issues in the regulation of marine pollution under MARPOL and in particular its enforcement mechanisms, jurisdictional limits and the existing gaps in contemporary regulation. The paper discusses the structural design of the MARPOL which is founded on six technical annexes with regard to the different categories of marine pollution, and evaluates the effectiveness of the dual enforcement regime which is built on the foundation of flag state responsibility and port state control. Although MARPOL has helped significantly in minimising intentional marine pollution and standardisation of environmental norms in ship operations, its dependence on state-based enforcement creates discrepancies in its implementation. One important conclusion of this study is that the concept of flag state jurisdiction is highly diluted due to the extensive use of flags of convenience that allows them to avoid regulations and prevents a consistent pattern of compliance. On the same note, port state control, despite being a significant enforcement mechanism, has limitations due to limited inspection capacity, resource imbalance and inconsistency in its application across jurisdictions. Lack of a centralised enforcement authority also contributes to these issues, creating a fragmented global enforcement.82 views -
Pages 3811 - 3818The issues faced by dance bar girls in India are multifaceted, and involve complex social, economic, and legal challenges. These issues include exploitation, abuse, and harassment by employers, customers, and law enforcement officials, as well as societal stigma and discrimination that can result in social exclusion and marginalization. Many bar dancers are from poor or marginalized communities. Some are coerced into sex work, but others are independent workers who rely on tips, not sexual services. Blanket labelling of all dancers as sex workers is unfair and stigmatizing.132 views
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HP High Court Bail Denial: 500 Crore Crypto Fraud (2025)
LL.M. Student at SRM University, Delhi-NCR, IndiaPages 3819 - 3832The Himachal Pradesh High court considered a bail application filed by Abhishek Sharma filed on 8 August 8 2025 in connection with his alleged role as a primary suspect in a Ponzi scheme that involved ₹500 crore and defrauding approximately 80,000 investors. The multi-level marketing scam operated through platforms like Voscrow, Hypenext, Korvio Coin, and DGT from 2018-2023, collecting over ₹2,000 crore via fake tokens and recruitment commissions. The police filed an FIR at Palampur Police Station on September 24 2023 under IPC sections 420 and 120B and the HP Depositors Act and Unregulated Deposit Schemes Act. Sharma faced multiple bail rejections after his first arrest as a "top liner" promoter who organized investor meetings on October 28 2023, until August 24 2024 when Justice Sushil Kukreja denied bail because he considered the severity of economic offenses more important than Sharma's 21-month detention period.261 views -
Gender Justice Beyond the Binary: Transgender Rights and Social Transformation in India
Research Scholar at Department of Law, Babasaheb Bhimrao Ambedkar University, Lucknow, Uttar Pradesh, IndiaPages 3833 - 3842This paper critically examines the evolving legal and socio-cultural framework of transgender rights in India. It traces the historical trajectory of transgender communities from relative acceptance in pre-colonial India to systematic marginalization during colonial rule, and subsequent legal recognition in the post-independence period. A significant milestone in this journey is the Supreme Court’s decision in National Legal Services Authority v. Union of India, which affirmed the right to self-identification and recognized transgender persons as a “third gender” under the Constitution. The paper further evaluates the Transgender Persons (Protection of Rights) Act, 2019, highlighting both its progressive intent and its limitations in implementation. The study identifies a central tension between the principle of self-identification and increasing tendencies toward state regulation, particularly in light of recent legal developments that suggest a shift toward medicalized and verification-based frameworks. It argues that such approaches risk undermining fundamental rights to dignity, autonomy, and privacy. Additionally, the paper explores the persistent socio-legal challenges faced by transgender individuals, including discrimination in education, employment, healthcare, and access to justice. In response, the paper proposes a balanced, rights-based approach that preserves self-identification while incorporating limited safeguards to address concerns of misuse. It emphasizes the need for stronger enforcement of legal protections, institutional reforms, and inclusive policymaking. Ultimately, the paper argues that achieving substantive gender justice requires not only formal legal recognition but also broader structural and societal transformation.62 views -
Corporate Disputes and Arbitrability: A Jurisdictional Dilemma in Modern Arbitration Law
Associate Professor at Government Law College, Ernakulam, Kerala, IndiaPages 3843 - 3858The question of arbitrability of corporate disputes has emerged as a critical issue at the intersection of company law and arbitration law, particularly in jurisdictions like India where statutory remedies and private dispute resolution mechanisms coexist. This article examines the evolving contours of arbitrability in the context of corporate disputes, with a specific focus on disputes arising out of shareholder agreements, oppression and mismanagement claims, and challenges to corporate actions. It analyses the traditional distinction between rights in rem and rights in personam, which has long served as the foundational test for determining arbitrability, and evaluates its continued relevance in complex corporate settings. The article argues that while contractual disputes among shareholders are generally amenable to arbitration, disputes that involve public law elements, affect third-party rights, or require remedies with Erga omnes effect often fall outside the scope of arbitral jurisdiction. Particular attention is given to the tension between the jurisdiction of statutory bodies such as National Company Law Tribunal and arbitral tribunals, especially in cases where overlapping claims are raised. Through a doctrinal analysis of judicial precedents and statutory provisions, the article highlights the inconsistencies and ambiguities that persist in determining the arbitrability of corporate disputes. The article concludes by suggesting the need for clearer legislative guidance and judicial coherence to reduce uncertainty and enhance the effectiveness of arbitration as a viable mechanism for resolving corporate disputes. It emphasizes that a calibrated approach to arbitrability can promote efficiency while safeguarding the integrity of corporate law frameworks.51 views -
Procedural Lapses in Digital Forensics and the Crisis of Evidence Admissibility Under India’s New Criminal Laws: A Critical Analysis of The Bharatiya Sakshya Adhiniyam, 2023
Student at Christ (Deemed to be University) University, Pune, Lavasa, IndiaPages 3859 - 3870Digital evidence now features in roughly nine out of every ten criminal prosecutions worldwide, yet India’s criminal justice system continues to struggle with meeting the admissibility standards set out in its own laws. This article offers a systematic doctrinal and comparative examination of India’s evolving framework for digital evidence, focusing on the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and how these statutes relate to the certification jurisprudence that emerged from Anvar P.V. v. P.K. Basheer and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal. What the analysis uncovers is deeply concerning: fewer than thirty percent of state forensic laboratories have the infrastructure needed to carry out hash-value verification under BSA Section 63, and fewer than fifteen percent of investigating officers have ever received formal training in digital evidence handling. To address these gaps, the article proposes a four-pillar reform framework drawing on ISO/IEC 27037 and the experience of the United Kingdom’s Forensic Science Regulator Act, 2021.101 views -
Failure of the Legal Framework Governing Corporate Governance in India: A Critical Study
Student at Law College Dehradun, Uttaranchal University, Dehradun, IndiaPages 3871 - 3879Transparency, accountability, and ethical behaviour in banks and other companies can only be made possible under corporate governance. However, over the past years, the Indian banking industry has been struck by some massive fraud cases which expose massive lapses of such governance systems. The Punjab National Bank scandal, loan default of Vijay Mallya and the Nirav Modi case highlight the weaknesses in the internal controls, the regulatory control and corporate responsibility. These incidences have destroyed the confidence of the citizens and incurred huge losses to the banks and economy. The paper addresses the legal aspects of the relationship between corporate governance failures and banking frauds in India and examines the current regulatory landscape that has implemented the Companies Act 2013, the Banking Regulations Act 1949, and the work of the Reserve Bank of India, including the Companies Act 2013, Banking Regulation Act 1949, RBI Act 1934, FEMA 1999, Prevention of Money Laundering Act 2002, and enforcement role of SFIO, ED and SEBI.” and determine the lapses in the banking practices and how this could be improved to enhance accountability and deter financial abuse.86 views -
The Companies Act, 2013 and its Role in Corporate Governance
Principal Incharge at Dr. Ambedkar Government Law College, Puducherry, IndiaPages 3880 - 3898Corporate governance provides guidelines for managing and operating businesses. It gives the surety that all the parties of a company, including its shareholders, management, clients, suppliers, and the community are treated fairly and with equality. Companies that practice the concept of corporate governance are more likely to act ethically and responsibly. In India, the introduction of the Companies Act, 2013, marked a breakthrough. The Companies Act, 1956, was superseded by this new law, which better meets the needs of modern businesses in India. The Companies Act 2013 was intended to modernize corporate governance by implementing updated practices and higher standards. Furthermore, this legislation sought to increase accountability and transparency within businesses by mandating they provide clear and detailed information about their financial activities and operations. Providing such detailed data helps investors and the public make more informed decisions while building trust for businesses more quickly. The Act also lays down new guidelines for how company boards should operate, mandating independent directors not involved with day-to-day management for each firm. This change ensures decisions are made fairly and with an objective perspective to protect all parties involved. Additionally, the Companies Act 2013 places emphasis on safeguarding stakeholder rights. It includes provisions designed to ensure smaller shareholders are treated fairly and companies follow ethical practices, creating an equitable and trustworthy business environment. Overall, the Companies Act, 2013 is a vital legislation affecting how Indian companies operate today by creating an ethical framework which fosters openness, accountability and ethical behavior of companies.98 views -
Contributions of Equal Gender to Indian Federalism
Assistant Professor at Faculty of Law, ICFAI University Tripura, IndiaPages 3899 - 3908Gender inequality is a quite known phenomenon till our Nation witnessed the steps of civilization. Gender inequality is the consequence of several factors. Our Nation has experienced historically the difference of attitudes towards the roles of men and women in society. The conventional gender roles assigned to women and men are so much impactful that the patriarchal prominence has become highly influential. Such dominating patriarchy is often seen to propagate the suppression of women’s rights and opportunities. Indian Democratic and Federal set up need the equal socio economic contribution of male and female for achieving its ultimate developmental goal. Such Inequalities are becoming vital cause behind several social curses like poverty, political instability and conflict, damage to societies and the broader global community. Irrespective of the fact that there are various steps taken towards genuine progress, but practically the world remains, on the whole, highly unequal to women. Not only are women and girls unable to access the same opportunities as men on an equal basis but also suffer the most deleterious impacts of events such as social violence, economic recessions and political instability. The ongoing suppression and repression of women’s ability to participate with men as equals in society is not merely an issue of equity – it is one of justice and a threat to the federal structure of our Country. Equal gender contribution to federalism will be victorious by escalating their political partaking at multiple levels, by equivalent representation of women and nurturing female policy innovation.73 views -
Pages 3909 - 3931The rapid integration of computers and artificial intelligence (AI) into legal research has significantly transformed the manner in which legal professional access, analyse, and interpret information. Traditional legal research, once dependent on manual reading and case law compilation, has now evolved into a technology-driven process characterized by speed, efficiency, and enhanced data accessibility. AI-powered tools are capable of processing vast volumes of legal data, identifying patterns, predicting case outcomes, and assisting in drafting legal documents. While these advancements have improved productivity, they also raise critical ethical concerns that cannot be overlooked. This study critically examines the role of computers and AI in reshaping legal research practices, with particular emphasis on issues such as data privacy, algorithmic bias, accountability, and the potential erosion of professional judgment. The reliance on automated systems may lead to overdependence, thereby diminishing the analytical skills of legal practitioners. Additionally, the opaque nature of certain AI algorithms challenges the principles of transparency and fairness that form the foundation of legal ethics. The paper further explores whether existing legal and ethical frameworks are adequate to regulate the use of AI in the legal domain. It argues for a balanced approach that integrates technological innovation with ethical responsibility, ensuring that the human element remains central to legal decision-making. Ultimately, the study highlights the need for clear guidelines, regulatory oversight, and ethical awareness to ensure that technology serves as a tool for justice rather than a source of new challenges.100 views
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Judicial Interpretation Contributing towards the POCSO Victims in India
Assistant Professor at Faculty of Law, ICFAI University Tripura, IndiaPages 3932 - 3961Sexual abuse of girl children remains a pervasive societal menace in India despite comprehensive legislative safeguards under the Protection of Children from Sexual Offences (POCSO) Act, 2012, the Indian Penal Code, and constitutional provisions guaranteeing special protections. This paper critically examines the pivotal role of the Indian judiciary in advancing the rights and protection of POCSO victims through progressive judicial interpretation and activism. As the guardian of fundamental rights, the judiciary has filled legislative and executive gaps by delivering landmark judgments that convict perpetrators, enhance sentences for heinous offences, and establish child-centric guidelines for victim rehabilitation, privacy protection, speedy trials, and systemic reforms. Through an extensive analysis of Supreme Court, High Court, and lower court decisions—ranging from Bharwada Bhoginbhai Hirjibhai v. State of Gujarat and Vishal Jeet v. Union of India to recent rulings such as Nipun Saxena v. Union of India (2019) and Alakh Alok Srivastava v. Union of India (2018)—the study illustrates the courts’ commitment to deterrence, presumptions of guilt under Section 29 of the POCSO Act, and upholding the dignity of the child under Article 21 of the Constitution. Key judicial contributions include directions for special courts, advisory committees against child prostitution, compensation mechanisms, and media restrictions on victim identity. While affirming the judiciary’s transformative impact in creating a safer environment for vulnerable children, the paper concludes that judicial vigilance alone is insufficient. Effective eradication of this social stigma requires robust governmental implementation, inter-agency coordination, and widespread awareness programmes alongside continued judicial activism.87 views -
A Critical Legal Analysis of the Plastic Waste Management Rules, 2016: Are they Effective in India?
Student at Law College Dehradun, Uttaranchal University, Dehradun, IndiaPages 3962 - 3969Thus, the problem of plastic waste in India is massive, but it is a problem that we all talk about whenever we mention a growing metropolis and consumerism. In the framework of the contemporary environmental laws, the Indian government resolved to intervene with the Plastic Waste Management Rules, 2016, under the Environment (Protection) Act of 1986. Such regulations attempt to control the manufacture, use, recycling and disposal of plastic unloading the burden onto producers, manufacturers, brand owners and local governments. It is my paper which discusses how efficiently these Rules address plastic pollution. It examines closely the regulatory system, implementation, the place of the Extended Producer Responsibility (EPR), as well as encroaching on practical issues of concern to authorities and local agencies such as ineffective infrastructure, lax enforcement, and poor compliance and regulatory loopholes. The conclusion, Even though it is a move in the right direction, the Rules are quite limited since there is poor enforcement and implementation barriers that are embedded in the system.222 views -
Influence of Social Media on Investment Decisions: A Critical Analysis of Finfluencers and Sebi’s Regulatory Framework
Student at Amity Law School, Amity University, Kolkata, IndiaPages 3970 - 3975This paper undertakes a doctrinal and analytical examination of the impact of social media–driven financial intermediation on investor behaviour and market integrity. The proliferation of digital platforms such as Instagram, YouTube, Twitter (X), and Reddit has facilitated the emergence of “finfluencers” as informal, unregulated channels of investment advice, thereby disintermediating traditional financial advisory frameworks. While such platforms contribute to financial inclusion, information diffusion, and increased retail market participation, they simultaneously exacerbate concerns relating to information asymmetry, herd behaviour, conflict of interest, and susceptibility to market manipulation. The study critically evaluates the adequacy of the existing regulatory architecture under the Securities and Exchange Board of India (SEBI), particularly in the context of unregistered investment advisory activities, misleading digital promotions, and enforcement limitations in algorithm-driven and cross-platform ecosystems. It further analyses enforcement actions and regulatory responses in light of manipulative practices, including pump-and-dump schemes, with reference to the Sadhna Broadcast case, and situates the discussion within a comparative global framework through the GameStop short squeeze episode. The paper argues for a recalibrated regulatory approach incorporating platform accountability, mandatory disclosure norms, and stricter compliance mechanisms for digital financial content creators. It concludes that ensuring investor protection in the digital age necessitates a harmonised framework balancing innovation, market efficiency, and robust legal oversight.94 views -
Intellectual property (IP) law has traditionally relied on human ingenuity invention and creativity and nevertheless the rapid development of AI technology has severely shaken these doctrinal underpinnings and these days AI systems can do much more than just act as passive tools and they can come up with creative works new technical solutions and financially viable outputs entirely on their own with very little human input and questions of authorship, invention and responsibility have become more complex as a result of this change and the effects of AI driven innovation on copyright, patent and trademark systems are examined in depth and compared in this article and with a focus on seminal cases like Thaler v. Vidal and Ankit Sahni v. Union of India it analyses the reactions of courts in important countries including the India, the US, the UK and the EU and the study points out major gaps in regulation and doctrinal consistency such as a lack of universally accepted standards confusion over who is the author or inventor and unanswered questions about responsibility and the use of training data. This paper presents a series of practical reforms based on current legal literature and case law and these reforms include hybrid authorship models changes to legislation to acknowledge innovation enabled by AI and the creation of global regulatory frameworks and intellectual property law it says must change to accommodate AI driven creativity if it is to continue fulfilling its original purposes of encouraging innovation and safeguarding individual rights.71 views
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Pages 3995 - 4011Forensic Genetic Genealogy (FGG) represents one of the most consequential innovations in criminal investigative science of the twenty-first century. By cross-referencing crime-scene DNA profiles with consumer genealogy databases, law enforcement agencies have succeeded in identifying perpetrators of cold-case homicides, sexual assaults, and other serious crimes that conventional forensic methods failed to resolve. Yet this powerful technique simultaneously implicates the genetic privacy of millions of individuals who never voluntarily submitted their DNA to any law enforcement authority. The paper undertakes a comparative legal analysis of FGG governance across three jurisdictions—the United States, the United Kingdom, and the European Union—exposing the tension between investigative utility and constitutional or human rights commitments to genetic privacy and informational self-determination. Against this comparative backdrop, the paper examines the fragmented state of Indian forensic DNA law, comprising the Code of Criminal Procedure (and its successor, the Bharatiya Nagarik Suraksha Sanhita 2023), the Criminal Procedure (Identification) Act 2022, the Digital Personal Data Protection Act 2023, and the twice-lapsed DNA Technology Regulation Bill. Drawing on the Supreme Court of India's landmark ruling in Justice K.S. Puttaswamy v. Union of India (2017) and a proportionality framework, the paper proposes an original normative framework—the Forensic Genetic Genealogy Regulation Model (FGGRM) for India, encompassing statutory authorisation, judicial oversight, privacy-protective database design, purpose limitation, non-discrimination safeguards, and robust audit mechanisms.151 views
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Pages 4012 - 4025The controversy surrounding India's Uniform Civil Code (UCC) reflects the intricate relationship between constitutional principles, cultural diversity, and religious minority rights. The concerns of religious minorities about the UCC's implementation are critically examined in this research article, with a focus on the implications for national integration and cultural diversity. Although Article 44 of the Indian Constitution envisions the UCC as a way to advance equality and uniformity in the law, its actual implementation causes serious concerns among minority groups who worry about the loss of their unique religious identities and customs. In order to comprehend the conflict between individual and collective rights, the research takes a doctrinal and analytical approach, looking at constitutional clauses, court rulings, and academic viewpoints. It emphasizes how deeply ingrained personal rules are in the cultural and religious fabric of societies, making them more than just legal frameworks. The ideals of equality, secularism, and freedom of religion protected by Articles 14, 25, and 29 of the Constitution must therefore be carefully balanced in any attempt at uniformity. The study also investigates if the UCC can promote national integration or whether it runs the risk of making minority groups feel alienated. It makes the case that embracing diversity is crucial to maintaining India's pluralistic culture and that integration should not be confused with uniformity. To assess different models of legal pluralism, comparative viewpoints from nations with different legal systems are also considered. The study concludes that any significant change to personal laws must be comprehensive, incremental, and consensual. The emphasis should be on guaranteeing gender fairness, social change, and constitutional morality while maintaining cultural autonomy rather than enforcing conformity. The objectives of unity and diversity within the Indian legal system can be reconciled with the aid of this well-rounded strategy.119 views
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From Security to Financial debt: The Evolving Role of Covenant to Pay under IBC
Student at Guru Gobind Singh Indraprastha University, Delhi, IndiaPages 4026 - 4034The purpose of this research article is to provide a legal review of the meaning of “financial debt” as stated in the Insolvency and Bankruptcy Code, 2016 by examining how mortgages, guarantees and obligations related to payment all work together with respect to creditors. Further, it discusses the significant role that a creditor’s classification plays in the operational structure of the Committee of Creditors through their determination or interpretation of the term “financial debt” within Section 5(8) of the Code with an emphasis on the “disbursement” requirement related to time value of money. The research compares the development/judicial history (the judicial evolution) of this interaction between financial debt through case law where creditors defined financial debt narrowly (but excluded from this definition all types of secured loans) when a corporate debtor only serves as a third-party mortgagor (the corporate debtor). The article explains how transactions where no actual loan was provided, no actual financial accommodation was made to a corporate debtor and, therefore, do not fulfil the basic requirements of financial debt have been determined previously to not be financial debt. Nevertheless, this understanding has been refined through subsequent case law, where courts ultimately applied a more substantiated/realistic interpretation in their analysis of financial debt. At the same time, this raises concern about potentially creating ambiguity between secured and financial creditors. In conclusion, the article proposes that a systematic and principled approach (i.e. based on the nature of the obligation, intention of the parties involved, and overall transactional structure) should be employed in order to provide for doctrinal clarity and consistency in relation to insolvency matters.146 views -
Jurisdictional Complexities and Dispute Resolution in Cross-Border E-Commerce: Rethinking Legal Frameworks for a Borderless Digital Marketplace
LL.M. student at Christ (Deemed to be University) University, Pune, Lavasa, IndiaPages 4035 - 4043The rapid expansion of cross-border e-commerce has fundamentally transformed global trade by enabling seamless transactions across jurisdictions, yet it has simultaneously exposed significant legal uncertainties concerning jurisdiction and dispute resolution. This research paper examines the complex jurisdictional challenges that arise when buyers, sellers, intermediaries, and digital platforms operate across multiple legal systems. It critically analyses how traditional principles of territorial jurisdiction such as place of contract formation, location of parties, and place of performance struggle to accommodate the borderless nature of online transactions. The study further evaluates the effectiveness of emerging legal approaches, including the “targeting test,” effects doctrine, and consumer protection-based jurisdictional rules, in determining appropriate forums for dispute adjudication. In addition, the paper explores the role of international frameworks and domestic regulations in harmonizing cross-border e-commerce governance. Instruments such as model laws, regional agreements, and national legislations are assessed to determine their ability to provide predictability and fairness in resolving disputes. The research also investigates dispute resolution mechanisms tailored to cross-border e-commerce, including online dispute resolution (ODR), arbitration, and mediation. It evaluates the growing significance of ODR platforms in offering cost-effective, efficient, and accessible remedies, especially for low-value, high-volume disputes typical of e-commerce transactions. At the same time, the study highlights concerns related to enforceability, procedural fairness, and digital inequality that may limit the effectiveness of such mechanisms. Through a comparative and analytical approach, the paper argues that while existing legal doctrines provide a foundational framework, they remain inadequate in addressing the dynamic and decentralized nature of cross-border digital trade. It emphasizes the need for greater international cooperation, harmonized legal standards, and technologically adaptive dispute resolution systems. The study concludes by proposing balanced regulatory approach that integrates jurisdictional clarity with flexible and user-centric dispute resolution models, thereby fostering trust, efficiency, and legal certainty in the global e-commerce ecosystem.102 views -
A Doctrinal Analysis of Implications of Differential Treatment under IBC,2016, on Operational Creditors, Impact on MSMEs and Addressing the Question of Fairness
LL.M. Student at School of Law, MIT World Peace University, Pune, Maharashtra, IndiaPages 4044 - 4068The Insolvency and Bankruptcy Code, 2016 (IBC) has bifurcated the creditors to whom debts are due into two categories: Financial Creditors (FCs) and Operational Creditors (OCs). During the Corporate Insolvency Resolution Process (CIRP) and recovery of dues during liquidation, FCs have been given preferential treatment, while OCs, which consist of suppliers, service providers, employees and government bodies, face a lengthy, time-consuming insolvency initiation process, are kept out of participation in CIRP and have been included in the category of unsecured debtors who are in the lowest rank for repayment of dues by distribution of assets under Section 53. The Courts, through various judgements, have justified such differential treatment of OCs, citing the commercial wisdom of the FCs and fairness. These circumstances have negatively affected MSMEs and small businesses engaged in the supply of goods and services to corporate debtors (CDs) on credit. Through this research paper, we shall analyse the legal framework governing OCs under IBC, analyse landmark judgments propounded by the judicial authorities, scrutinise whether OCs are dealt with procedural and substantive fairness, explore how such substituted status affects MSMEs and finally, undertake a comparative analysis with the U.S. Bankruptcy Code to identify best practices. The paper concludes by recommending reforms to strengthen OC rights, restore balance between classes of creditors and ease the position of MSMEs.325 views -
From Code to Court: Measuring the Regulatory Gap between Emerging Technologies and Existing Legal Structures – An Empirical Study
Assistant Professor at IIMT University, Meerut, Uttar Pradesh, IndiaPages 4069 - 4087As technological change crosses a certain threshold and ceases to be disruptive, it becomes constitutionally valuable. The collection of advances in artificial intelligence/big data analytics/drone technology/algorithmic decision-making/digital surveillance has led to a growing gulf between machines can do today and what the law has any agreed-upon answer for. This article therefore studies that chasm which I term the regulatory gap as it is emergent within the Indian legal order, mapping how the deployment of new technologies at a rapid pace has quickly outpaced efforts to adapt existing statutory and constitutional regimes. Based on legislative trends, judicial pronouncements and comparative regulatory experience, the analysis argues that Articles 14, 19, and 21 of the Indian Constitution already provide about the normative tools for filling this lacuna sufficient purposive application by courts and legislatures willing to imagine. This paper critically examines the landmark 2023 legislative package passed in India which includes, inter alia, the “Digital Personal Data Protection Act”, the three new criminal codes enacted under a Preamble frames approach to lawmaking (“the Criminal Procedure Code; the Indian Penal Code & the Indian Evidence Act”), along with other recent legislation such as that through which it amended its Competition Act and Telecommunications Act in nanoseconds but not others. This central finding is sobering: far from the type of routine administrative concern that one would imagine, the regulatory gap represents at best a slow-moving constitutional crisis, one that will require a multi-stakeholder, rights-anchored governance architecture to remediate before the damage becomes irreversible.331 views -
Pages 4088 - 4105India's Unified Payments Interface has achieved the status of a critical infrastructural component of the economy after passing beyond a successful retail payments technology and innovation phase. This Article tackles the question that has arisen as a result of this development: a law that permits and oversees payment systems is unable to answer the public law queries that exist when a payment rail becomes the foundation of commerce, welfare, and digital governance. The Article uses doctrinal legal research by focusing on the Indian legal system, the Payment and Settlement Systems Act of 2007, and various Reserve Bank of India circulars and documents, as well as contemporary National Payments Corporation of India documents. The Article examines major judicial rulings on the right to privacy, the imposition of consumer harm, the control of fraud, and competition. The Article identifies and analyzes the current legal system's characteristics pertaining to settlement. The legal framework regulates authorization, supervision, and the finality of settlement, but it is unable to, or has chosen not to, codify access neutrality, transparency in rules and processes, procedural and substantive due process of control, accountability of platforms, and data governance. The scattered legal frameworks on privacy and data protection, proportionality, competition, and consumer welfare provide a cohesive legal framework for improvement. The Article argues that in Indian legal systems, the Unified Payments Interface is a public digital platform, and therefore, fair access, transparency, resilience, and redress as well as integrated supervision in digital payment systems apply. The primary argument of the Article is that in payment systems, scale changes the legally defensible position in payment systems. There is a demand for Indian payments laws to incorporate the logic of structuring payment systems as a social contract in place of payment systems laws.81 views
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Restorative Justice: Prioritizing Victims and Fostering Holistic Recovery in the Indian Criminal Jurisprudence
Assistant Professor at KV Ranga Reddy Law College, Hyderabad, Telangana, IndiaPages 4106 - 4111The global criminal justice landscape is witnessing a paradigm shift from purely retributive models to restorative frameworks. The traditional adversarial model of criminal justice, centered on the binary of ‘State vs. Offender,’ has historically relegated the victim to the periphery of legal proceedings. However, there is a change with the conceptual evolution of Restorative Justice (RJ), which contrasts with traditional punitive measures that often marginalize the victim. Restorative Justice, a philosophy that treats crime as a violation of human relationships rather than a mere breach of statutory law. By examining the philosophical ‘Three Pillars’ and the practical application of RJ in India, through mechanisms like Lok Adalats, Plea Bargaining, and Victim Compensation, this paper argues for a more integrated approach. By exploring the evolution of ‘Victim Justice’ and analyzing the structural integration of restorative principles within the Indian legal framework, ranging from ancient Panchayats to the modern Bharatiya Nagarik Suraksha Sanhita, this paper argues that a healing-centric approach is essential for reducing recidivism and achieving true social reconciliation. It posits that a system prioritizing healing over punishment not only serves the victim’s needs but also facilitates more effective offender reintegration, ultimately strengthening the social fabric of the state.54 views -
Pages 4112 - 4124India's Unified Payments Interface (UPI), while revolutionising digital financial transactions, has simultaneously enabled a sophisticated ecosystem of cyber-enabled financial fraud. This paper examines "one-click" UPI fraud encompassing digital arrest scams, vishing attacks, and malware-assisted transfers as a qualitatively distinct category of financial crime that exploits manufactured psychological coercion rather than mere technical vulnerabilities. Through doctrinal legal analysis and judicial review, the paper argues that existing frameworks under the Bharatiya Nyaya Sanhita, 2023, RBI customer liability guidelines, and the Digital Personal Data Protection Act, 2023, while substantively improved, remain structurally inadequate to address the fiduciary and evidentiary dimensions of modern UPI fraud. Drawing on K.S. Puttaswamy v. Union of India and evolving consumer banking jurisprudence, the paper develops a fiduciary duty framework that repositions financial intermediaries as primary bearers of fraud-prevention responsibility. It further identifies critical regulatory gaps including the absence of Digital Trust Certification standards, inter-agency coordination failures, and the chronic underutilisation of the "golden hour" intervention window and proposes targeted legislative and institutional reforms to address them.96 views
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Regulating Sports Bodies in India: The Promise and Challenges of the National Sports Governance Act, 2025
Student at Amity University Noida, Uttar Pradesh, IndiaPages 4125 - 4132The introduction of the National Sports Governance Act, 2025 represents a critical departure from the current regulatory regime governing sports administration in India. While Indian sports organizations have largely been self-regulated in the past, the draft Act intends to establish robust norms for governance that emphasize transparency, accountability, and athlete welfare. Historically, there have been instances of corruption and conflicts of interest within sports organizations that have led to inefficient management. The draft Act attempts to remedy this problem by prescribing standards of governance that include age and term limits for officials, disclosures, ethics commissions, and athlete participation on decision-making committees. With respect to its benefits, the new system will not only bolster India’s image in the international sporting community but also facilitate improved performance of athletes at home. Nevertheless, the implementation of this legal regime faces numerous challenges rooted in the federal nature of India and entrenched interests within the sports community. Several national federations are aligned with international organizations that require their autonomy from state interference. Despite all the challenges, the National Sports Governance Act, 2025 marks a crucial turning point in resetting the balance among independence and regulation within the realm of Indian sports. The effectiveness of the legislation will be determined not only by the content of its legal framework but also by the readiness of the parties involved to adopt a culture of reform and good governance.70 views -
Pages 4133 - 4150The increasing integration of artificial intelligence into public administration is fundamentally reshaping the architecture of governance in India. AI-driven systems such as predictive policing, facial recognition technologies, automated welfare administration, and data-centric decision-making mechanisms are increasingly employed to enhance administrative efficiency and state capacity. However, the growing reliance on algorithmic governance raises complex concerns relating to transparency, accountability, procedural fairness, bias, and constitutional oversight. Existing legal frameworks, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, remain inadequately equipped to regulate opaque and autonomous decision-making systems within the administrative state. This paper critically examines the emergence of AI-enabled governance within Indian civil services through the lens of cyber law, administrative law, and constitutional principles. Employing a doctrinal and comparative methodology, the study evaluates the adequacy of India’s regulatory framework against evolving international standards such as the General Data Protection Regulation (GDPR), the EU Artificial Intelligence Act, and the Digital Services Act. The paper argues that algorithmic governance necessitates a transition from procedural compliance toward a rights-based accountability framework grounded in transparency, explainability, proportionality, and independent oversight. It contends that without robust institutional safeguards, AI-driven administration risks entrenching automated arbitrariness within democratic governance structures.80 views
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Artificial Intelligence, Intellectual Property, and Epistemic Injustice: A Feminist Legal Analysis of Generative AI
Advocate at Bar Association Nabha, Punjab, IndiaPages 4151 - 4185Generative Artificial Intelligence (GenAI) represents one of the most significant technological advancements of the twenty-first century, transforming creative production, knowledge generation, and the limits of intellectual property law. However, beneath its promise of democratized innovation lies a contested legal landscape, one where existing legal frameworks find it challenging to accommodate AI-generated authorship, and where the structural exclusions historically ingrained in intellectual property systems are being exacerbated and amplified on a large scale. This paper explores the intersection of GenAI, intellectual property rights (IPR), and feminist theory through three perspectives. Firstly, it examines the primary legal challenges presented by GenAI across copyright, patent, trademark, and trade secret law, tracing landmark cases, and mapping emerging legislative responses across multiple jurisdictions. Secondly, utilizing Miranda Fricker's framework of epistemic injustice, the paper critically analyzes how gender-biased GenAI outputs, demonstrated through case studies of DALL-E 2, Wordplay.ai, and UNESCO's evaluation of GPT-2 and LLaMA2, systematically diminish the perceived competence and credibility of women and sexual and gender minorities, perpetuating both testimonial and hermeneutical injustice on a large scale. Lastly, the paper contextualizes these harms within the wider framework of women's structural marginalization in IP systems, where only 16% of WIPO patent applications are submitted by women, and where the narrow definition of originality in IP law continues to exclude traditionally female-coded forms of creative labor. This paper argues that the dominant ‘invention paradigm’ underpinning intellectual property law, embedded in the figure of the individual, rational, and implicitly masculine inventor, is fundamentally inadequate for addressing the collective, relational, and intersectional nature of knowledge production emphasized within feminist epistemology. As GenAI increasingly blurs the distinctions between authorship and ownership, this issue becomes more significant, necessitating legal frameworks that transcend mere formal neutrality in favor of genuine equity. By referencing feminist technology diplomacy and initiatives such as the FA+IR Network, Data Against Feminicide, and the Charter of Feminist Demands from the Global South, the paper concludes with a set of policy and reform suggestions designed to integrate gender equity into the governance of both GenAI and intellectual property law.180 views -
System Intrusion and Information Assurance in Indian Fintech Companies
Student at Christ (Deemed to be University) University, Pune, Lavasa, IndiaPages 4186 - 4203The Indian financial technology (Fintech) sector has grown rapidly, transforming the entire financial services of India. This enhanced accessibility, efficiency, and innovation in areas such as digital payments, online lending, and mobile banking. However, the sudden transformation to the digital era had simultaneously increased the exposure of fintech systems to cyber threats and to system intrusions and information assurance risks. The Fintech companies process huge amounts of sensitive information, including both financial and personal, making them easily exposed to cybercriminals. This paper looks forward to understanding the system intrusions and information assurance in Indian fintech companies, with the target on the types of cyber threats, causes of data breaches, and the effectiveness of the cybersecurity measures. This paper is based on secondary data, including academic literature, industry reports, and regulatory frameworks. The paper identifies the key intrusion techniques and evaluates their impact on the financial institutions and customer trust. The paper suggests that even though advanced technologies such as AI, Blockchain, and multi-factor verifications have noticeably improved the cybersecurity frameworks, there are challenges that still exist. The challenges arise from the evolving landscape of cyber threats, regulatory gaps, and the weakness of the human factor. This study argues that the evolution of information assurance for Indian fintech companies needs more regulation and more awareness among stakeholders. This report demonstrates the importance of the intersection of cybersecurity and the sustainable development of the Indian Fintech industry.149 views -
Pages 4204 - 4218The Supreme Court judgment in Tukaram vs State of Maharashtra (1979), commonly known as the Mathura rape case, commonly regarded as a landmark decision that restructured India’s rape laws and led to significant legislative reforms. However, while the judgment ultimately catalyzed progressive legal change, it simultaneously failed to deliver justice to Mathura, the young tribal girl whose sufferings initiated the legal process. This paper critically examines the paradox of landmark judgments that advance systematic reform while denying justice to individual victims. Using a victim centric and feminist legal approach, the study argues that legal evolution cannot morally compensate for the injustice suffered by Mathura. The paper questions whether a case can be celebrated as landmark when the original victim never received justice. Whether a legal system can claim success when its progress is built upon the denial of justice to the very person it was meant to protect.84 views
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Empirical Assessment of Corporate Governance Compliance in Public and Private Sector Banks in India: A Legal Study
Research Scholar at Fakir Mohan University, Balasore, Odisha, IndiaPages 4219 - 4233Corporate governance (CG) in banking plays a crucial role in the context of offering financial stability, transparency, and accountability of financial ecosystem in India. The prevalent study can be considered a non-doctrinal, empirical study on corporate governance compliance in sampled public sector banks (PSBs) and sampled, private sector banks, HDFC Bank, ICICI bank, bandhan bank, Kotak Mahindra bank and IndusInd Bank. According to measurable criteria, including board composition, independence, the strength of the audit committee, the disclosure of related-party transactions, Corporate Social Responsibility practices, risk-management structure and adherence to the norms of RBI/SEBI, the study constructs a Corporate Governance Compliance Index (CGCI) using a statistically realistic, hypothetical, one-year dataset. The paper employs a non-doctrinal approach of mixed-method mixed research options founded on the basis of empirical scoring and simulated data and judicial examination of the case laws in relation to governance such as the case of Chanda Kochhar v. ICICI Bank Ltd., PNB v. Nirav Modi, and precursors of the Supreme Court of the director duties and fiduciary responsibility. The differences in compliance between PSBs and private banks have been estimated using a weighted CGCI model (0-100 scale). It proves that the standard of governing the banks within the private sector is far higher than that of PSBs, with the average of CGCI score standing at 82.4 and 69.2 correspondingly. All these add to the leadership in the private sector namely board greater independence, auditing/risk more effectively, and disclosures transparency. The primary drivers of PSBs behind are the past structure of boards, recommendation by government, and less effective risk-governance mechanisms. The study lists the noteworthy enforcing gaps in the law, and moves on policy recommendations, such as harmonization of SEBI/RBI, which is more punitive, normative responsibility, appointment of boards by professionals, and disclosure provisions that are real time. The research would contribute to the efficacy of governance, in that it will combine the law, empirical, and institutional components in a comparative study of banking in India.83 views -
Pages 4234 - 4258Medical negligence is a problem when it comes to getting rid of biomedical waste. It is where healthcare quality and environmental protection and public health all meet. This paper looks at the laws that deal with negligence and biomedical waste. It talks about the kinds of medical waste and how they are classified. The paper also looks at the risks to health and the environment when medical waste is not handled properly. It checks out the rules and some case studies and best practices. The facts show that not managing waste properly is a form of negligence that can have serious legal and health and environmental consequences. Medical negligence and biomedical waste management are issues that need to be addressed. Despite established regulatory frameworks in many jurisdictions, implementation challenges persist due to infrastructure gaps, insufficient training, and weak enforcement mechanisms. The COVID-19 pandemic has further exposed systemic vulnerabilities in waste management capacity. This review synthesizes current evidence and proposes policy directions to strengthen accountability, improve infrastructure, enhance workforce competency, and integrate waste management into broader healthcare quality and risk management frameworks.65 views
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Regulating Artificial Intelligence in Corporate Decision-Making: A Comparative Study of India and Global Frameworks
Student at Amity Law School, Noida, Amity University, Uttar Pradesh, IndiaPages 4259 - 4276In today's world, Artificial Intelligence (AI) plays a pivotal role in the operations of business firms by making decision-making processes more efficient, reliable, and scalable. By enabling predictive analytics, automation, and big data processing capabilities, AI is becoming an integral part of various corporate functions, such as financial forecasting, human resources management, compliance, and customer profiling. This research paper aims at reviewing the present regulatory framework on AI in corporate decision-making processes, with an emphasis on the legal context in India, while also referring to international regulations, specifically those of the European Union and the United States. Using doctrinal research methodology, the author examines statutory provisions, such as the Information Technology Act, 2000, and the recently introduced Digital Personal Data Protection Act, 2023, together with various policy documents and judicial decisions to highlight how constitutional principles related to privacy, equality, and proportionality can be used in cases where there are no specific laws regulating AI. Despite some progress in creating an appropriate legal framework, it is found that India still has a number of significant regulatory gaps when it comes to the governance of AI. Most notably, it does not have any legislation specifically dedicated to artificial intelligence issues; moreover, there is no provision for its mandatory application or enforcement in practice. Compared to other international legal frameworks, such as the one created by the European Union, which relies on risk assessment and imposes clear compliance obligations, this may make AI governance in India less structured and more challenging. This research paper concludes that regulatory regimes for AI should ensure both innovation and accountability simultaneously. To achieve this balance in India's context, a combination of binding regulations and ethical principles should be used, along with an appropriate classification of AI systems and their risk assessment.73 views -
From Parallelism to Convergence: IHL and Human Rights Law in Armed Conflict Governance
Assistant Professor at Integral University, Lucknow, Uttar Pradesh, IndiaPages 4277 - 4287Armed conflicts in the twenty-first century increasingly blur the boundaries between traditional battlefields and civilian spaces, intensifying the urgency of robust legal protections for individuals caught in hostilities. This paper examines the evolving relationship between International Humanitarian Law (IHL) and International Human Rights Law (IHRL), two foundational regimes governing the conduct of states and armed groups during situations of violence. While IHL serves as the lex specialis regulating conduct of hostilities, IHRL continues to apply concurrently, offering complementary guarantees for the protection of life, dignity, and liberty. Yet, practical tensions persist—particularly concerning use-of-force standards, derogation regimes, detention practices, and accountability mechanisms. Through a doctrinal analysis and selected case studies, this paper explores how these legal frameworks interact in contemporary conflicts and identifies areas where fragmentation undermines civilian protection. It argues for a more harmonised interpretive approach, strengthened institutional coordination, and enhanced domestic implementation to bridge normative gaps. By reassessing the interplay between IHL and IHRL, the paper contributes to ongoing scholarly and policy debates on strengthening civilian safeguards in both international and non-international armed conflicts.69 views -
Pages 4288 - 4302The regulation of online speech in India is increasingly blurring the lines between legal resolution of statutory obstructions and which platforms are legally compelled to comply. This Article addresses the blurring line with a doctrinal analysis of the Information Technology Act of 2000 and its Sections 69A and 79, the 2009 Blocking Rules, the 2021 Information Technology Guidelines and Ethics Rules, and the primary judicial interpretations of each. The principal problem is whether the Indian legal system, in keeping with the Constitution, still retains a working distinction between executive blocking under Section 69A and the frameworks of Section 79, intermediary conditionality, or has legislating somehow obfuscated the distinction. The Article concludes that the Shreya Singhal and Others v. the Union of India judgement in itself, is constitutionally ailing and is a response to Section 69A in terms of a compliance tacked and tacked restrictive Section 79 judicialize and legislating. It has legislating tacked the absence of democracy to Section 79, which in combination, has resulted in non-duplicating equivalents to Section 69A. The Article concludes that, and has positive responses to the Shreya Singhal, the positive responses to the Shreya Singhal, the positive responses to India Shreya Singhal v. the Union of India, Shreya Singhal, Shreya Singhal, and Shreya Singhal and Others of the absence of democracy to Section 79, which in combination, has to a large extent positive responses to Section 79, Section 79, and the absence of democracy to Section 79, which in combination, has to a large extent positive responses to democracy, Shreya Singhal, and Others of the absence of democracy to Section 79, which in combination, has to a large extent positive responses to Section 69A. The Shreya Singhal, and has to a large extent positive responses to Section 79, positive responses to the Shreya Singhal, and Others v. the Singhal, Shreya Singhal and Others of the absence of democracy to Section 69A. The Shreya Singhal and Others, and Others, of the absence of democracy to Section 69A.65 views
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Behind Bars and Beyond Laws: The Dark Reality of the Custodial Violence
Student at MKPM RV Institute of Legal Studies, Bengaluru, Karnataka, IndiaPages 4303 - 4311Custodial violence is a confession of failure to do justice, and it remains a critical issue in India, undermining the integrity of the criminal justice system and violating human rights. This study investigates the prevalence and patterns of custodial deaths, evaluates the existing legal frameworks, and assesses the impact of custodial violence on both victims and society. The study aims to examine the legal provisions in India, such as the BNS, BNSS, and guidelines issued by various High Courts and by the Supreme Court, alongside International human rights conventions, to determine their effectiveness in preventing custodial torture and deaths. In a democratic country like India, it’s the duty of Police officials to safeguard the rights of every citizen, but this isn't the case. Dehumanizing torture is an alarming and serious question about the credibility of the law. By means of heinous torture towards the arrestee, which creates a form of mental and physical impact on the person. This paper highlights the shortcomings of the current legal system through doctrinal and empirical analysis and provides specific policy recommendations to reform victim rehabilitation, police procedures, and investigative techniques. This highlights the necessity of a strong, open, and human rights-focused approach to law enforcement that protects people’s dignity and increases public confidence in the legal system. Due to the rising number of custodial violence cases, the Law Commission and courts have initiated certain guidelines and recommended the need for special legislation to curb custodial violence. This research paper makes a study of custodial violence and its impact on individuals, certain statutes that protect the rights of arrestees, and certain preventive measures for the issue.66 views -
Pages 4312 - 4334This study examines herd behaviour of young investors in their IPO subscription decisions. Through a questionnaire administered to 155 young investors (aged 18-35) and the use of SPSS for statistical analysis, this paper identifies investor attention (measured by level of attention by the media and news) and investor sentiment (overall outlook towards the market) as the drivers of herd behaviour, which subsequently leads to their IPO subscription behaviour. The results suggest that attention influences investor sentiment (=0.274, p51 views
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Pages 4335 - 4342Whistleblowers play an indispensable role in exposing corruption, mismanagement, and illegal activities, thereby serving as a vital mechanism for promoting transparency and accountability within any democratic framework. In India, the need for robust legal architecture to safeguard these individuals is paramount, given the endemic challenges of corruption in both the public and private sectors. This paper undertakes a critical examination of the current legal and institutional mechanisms for whistleblower protection in the Indian criminal justice system, focusing primarily on the Whistleblowers Protection Act, 2014, and its subsequent implementation challenges. The study analyzes the shortcomings related to scope, security provisions, redressal mechanisms, and the pervasive risks of retaliation, including threats to life and career. By comparing India's framework with international best practices, the paper proposes legislative and procedural amendments necessary to create a truly effective and empowering environment for disclosures, ensuring that the act of whistleblowing is protected, rather than penalized, in the pursuit of justice.61 views
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Pages 4343 - 4354In 2015, the OECD’s BEPS Action Plan 13 introduced Country-by-Country Reporting (CbCR) to enhance the assessment transparency of transfer pricing and BEPS-related risks faced by tax administrations. India incorporated this framework through s.286 of the Income-Tax Act, 1961 (“ITA, 1961”), with the objective of ensuring that compliance is more facilitative than punitive rather than simply serving as a mechanism for imposing sanctions on multinationals. However, legal and interpretational qualms have been raised about the Indian CbCR framework not aligning with either the minimum standards of the OECD or India’s own Constitutional principles. This article argues that these unresolved legal uncertainties undermine the objective of CbCR and expose taxpayers to avoidable compliance, penal and litigation issues. The article identifies four statutory fault lines. First, the ITA, 1961 provides limited guidance on what constitutes an ‘international group’ or its scope, creating uncertainty about how permanent establishments are to be treated as compared to subsidiaries, while the absence of defined surrogate filing triggers creates a risk of dual filing obligations. Lack of guidance on revenue threshold calculation, particularly on accounting standard harmonization and currency conversion, is further compounded by overlapping BEPS Pillar 2 obligations. Second, s.286 mandates a rigid, non-extendable twelve-month deadline that does not account for delays attributable to parent entities, differing global accounting periods, or jurisdictional information exchange gaps, leaving otherwise compliant taxpayers exposed to penalties. Third, s.271GB creates a strict liability for penalty imposition regardless of whether defaults were caused by factors beyond the taxpayer’s control. This disproportionate treatment, where minor or unavoidable lapses attract the same penalty as deliberate non-compliance, is arbitrary in application and raises concerns under Article 14 as interpreted in E.P. Royappa v. State of Tamil Nadu. Fourth, s.138 does not explicitly prevent CbCR data from being used for direct transfer pricing adjustments, raising potential concerns under Article 21 following Puttaswamy v. Union of India in cases of unauthorised use or misuse of commercially sensitive data. Comparative analysis with Australia, the United Kingdom, and the United States illustrates that effective implementation need not come at the cost of massive structural changes. Targeted statutory reforms introducing definitional clarity, a graduated penalty structure, and explicit confidentiality safeguards would make India’s framework more facilitative than punitive and uphold the Constitutional guarantees under Articles 14 and 21 it sought to achieve.191 views
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Pages 4355 - 4360The rapid expansion of digital technologies has significantly transformed communication and social interaction, but it has also increased the vulnerability of women to cybercrimes such as cyberstalking, online harassment, identity theft, voyeurism, defamation, and non-consensual dissemination of private content. This study examines the legal framework governing the protection of women in cyberspace in India by analyzing constitutional safeguards, the Information Technology Act, 2000, the Bharatiya Nyaya Sanhita, 2023, and other relevant protective legislations. It highlights the role of constitutional principles such as equality, dignity, privacy, and personal liberty in shaping laws against cyber offences. The study further evaluates intermediary liability and the regulatory responsibilities of digital platforms under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. While India has developed multiple legal mechanisms to address cybercrimes, significant gaps remain in enforcement, awareness, jurisdiction, technological adaptation, and gender-specific protection. The research emphasizes the need for a comprehensive, coordinated, and technologically responsive legal framework to effectively combat Cybercrimes against women and ensure a safer digital environment that upholds women’s rights, dignity, and security.105 views
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From Essentially Religious to Essentiality: How Semantic Drift Reshaped Religious Freedom in India
Advocate at Delhi High Court, IndiaPages 4361 - 4378The Essential Religious Practices (ERP) doctrine has become one of the most controversial features of Indian constitutional jurisprudence on religious freedom. Developed through judicial interpretation of Articles 25 and 26 of the Constitution, the doctrine requires courts to determine whether a disputed practice constitutes an essential and integral part of a religion before granting constitutional protection. While originally intended to distinguish religious matters from secular or administrative activities, the doctrine gradually evolved into a far more intrusive inquiry into theological essentiality. This paper argues that such evolution reflects a form of semantic drift: the judicial focus shifted from asking whether a practice was “essentially religious” in character to whether it was “essential” to the religion itself. Though subtle in language, this transformation significantly altered the scope of religious liberty in India. The paper traces the historical development of the doctrine from the Shirur Mutt Case to later decisions such as the Durgah Committee Case, Sabarimala Judgment, and the Karnataka Hijab Case. It demonstrates how courts increasingly assumed the role of theological arbiters, often privileging dominant interpretations of faith while marginalising minority and evolving practices. The paper further argues that the essentiality test narrows constitutional protection by excluding claims at a preliminary stage rather than examining them through principles of dignity, equality, autonomy, and proportionality. The paper also undertakes a comparative analysis of jurisdictions such as South Africa, Kenya, Malaysia, and the United States to show that other constitutional systems generally avoid deep theological adjudication and instead prioritize sincerity, accommodation, and rights-balancing. It concludes by proposing a shift toward a rights-based framework centred on sincerity of belief and constitutional proportionality.95 views -
Pages 4379 - 4397In India, bail doctrine illustrates the disparity between the promise of the constitution and the reality of incarceration. In this context, the Article provides the first analytical framework to assess the currently operational meaning of the legal rationale of 'jail as an exception' in the Indian legal framework. In this case, the tension between the prison system's comprehensive provision to house undertrial prisoners and the language of law that grants the right and covets to use it, is the research problem. Using the method of doctrinal legal research, the Article provides an analysis of Article 21 of the Indian Constitution, the Bharatiya Nagarik Suraksha Sanhita, 2023, other restrictive special laws, and leading and recent judgments of the Supreme Court of India to provide a comprehensive insight into the system. In support of this doctrinal analysis and in resourcing, the Article provides the framework within prison statistics, other legislative and parliamentary documents, and institutional documents that provide system of release and legal aid. Given this analysis framework, the study concludes that, in India, bail doctrine is neither non-existent nor fully realized. Bail is a doctrine in leadership and is realised as a doctrine because there is a strong inter-weave of legislative law, constitutional law, and recent Supreme Court decisions that advocate a limited, speedy, and reviewable pre-trial detainment, arrest response, and legislative imposition adherence. Bail is a doctrine in leadership and is realized as a doctrine. Simultaneously, bail is a doctrine in commitment, and therefore in India, the extended undertrial prison detention, along with the systemic prison detention, the system's lopsided response to detainment and systemic release, the systemic imposition of financial and document barriers to release, and the systemic naked incarceration of legislative aid provide the system with an imposition of legislative and systemic breach retention. The regime of imbalance gone in resolute imbalance is the focal aspect. The regime of displacement gone in resolute imbalance is the focal aspect. The system of imbalance relevance is origin imbalance is expired. The balance gone in resolute imbalance is. The primary focus of the observed imbalance is the legislative and systemic imposition.46 views
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Pages 4398 - 4407Initial Public Offerings (IPOs) represent a critical mechanism through which companies access capital markets and broaden ownership structures. Effective regulation of IPOs is essential to ensure transparency, investor protection, market integrity, and efficient capital formation. In India, the Securities and Exchange Board of India plays a central role in supervising IPO processes through disclosure norms, eligibility criteria, pricing regulations, merchant banker obligations, and post-listing compliance requirements. Comparable regulatory functions are performed in Australia by the Australian Securities and Investments Commission and in Canada by provincial securities regulators coordinated through the Canadian Securities Administrators. This article undertakes a comparative study of the regulatory oversight of IPOs under these three jurisdictions. It examines the legal framework governing prospectus disclosures, due diligence standards, investor remedies, enforcement mechanisms, and listing supervision. While SEBI has adopted a disclosure-based regulatory model with increasing emphasis on governance and retail investor safeguards, Australia relies on strong corporate disclosure obligations under the Corporations Act, and Canada employs a decentralized but harmonized securities framework. The study highlights both common objectives and structural divergences. India’s centralized regulator enables quicker policy intervention, whereas Canada’s provincial model offers flexibility but may generate fragmentation. Australia demonstrates a balanced approach combining statutory liability and market efficiency. The article concludes that SEBI can further strengthen IPO regulation by enhancing scrutiny of issue pricing, simplifying compliance for emerging companies, and adopting global best practices in digital disclosures and crossborder offerings.108 views
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From Liberty to Liability: Evaluating the Effectiveness of Bail Reforms under BNSS, 2023 in Indian Prison Jurisprudence
Student at Christ (Deemed to be University) Pune Lavasa Campus, Maharashtra, IndiaPages 4408 - 4415The Indian justice system considers bail to be very important as it aids in the safety of the citizen and ensures that the justice system works properly, under the Article 21 of the Indian Constitution. With the introduction of new provisions for bail in BNSS 2023, the process of how bail works has been changed, showing their belief in "bail; not jail”. This paper studies how the laws about bail have changed from the CrPC to the BNSS and scrutinizes whether the recent changes have really aided in fixing the unfairness in the system for people with financial difficulty who are waiting for their trial. By studying Sections 478 & 496, court decisions and recommendations from the Law Commission, it can be observed that there is a gap between what the law says and what actually happens. Even though there exist rules like making it mandatory for indigent persons to be released on personal bond and setting time limits for release, judicial discretion still results in the perpetuation of socio-economic bias. In India more than 70% of the people in prison are waiting for their trial and the numbers, taken from the NCRB shows that this really affects indigent persons, who cannot pay for bail. The paper also compares the Indian system to countries like the United Kingdom, the United States and the Nelson Mandela Rules while also highlighting the efficacy of the new changes to the bail system in India introduced through BNSS. However, government supervision and judicial discretion is mandatory to ensure that these new laws work properly, particularly with the economic situation of the people requesting bail. Ultimately, India needs to make some changes in the current laws as well. This means that law must make sure that people have efficient legal representation to help them during trial & monitoring courts to ensure that they are not too harsh while granting bail. Without inculcating these changes, pre-trial detention will still continue as an indirect punishment. The Indian bail system needs to be mended so that bail is a right not just in paper, but in reality, as well.76 views -
Pages 4416 - 4427The efficacy of the International Criminal Court’s (ICC) role in adjudicating war crimes appears increasingly besieged by the maze-like complexities of its jurisdictional framework, especially with regard to the concept of complementarity. This research undertakes a critical exegesis of the ICC’s paradigm of complementarity, with a dissection of its nuances and complexities in the adjudication of war crimes. Through a critical analysis of the ICC’s statutes and relevant literature, this research seeks to explicate the dialectics of the ICC’s role in adjudicating international crimes and the sacrosanct concept of state sovereignty. The ICC's complementarity principle, as outlined in Article 17 of the ICC's Rome Statute, is ostensibly intended to ensure that the ICC only acts where national courts are either unwilling or unable to prosecute. However, as this paper argues, the ICC's interpretation and application of the complementarity principle has led to a jurisdictional stalemate, which has undermined the ICC's effectiveness in the prosecution of war crimes. Through an analysis of landmark cases such as Prosecutor v. Saif Al-Islam Gaddafi and Prosecutor v. Uhuru Kenyatta, this research aims to reveal the ICC's struggles in dealing with the ambiguous distinction between national and international jurisdictions. Moreover, this paper seeks to critically examine the ICC's over-reliance on state cooperation and, as a result, the ICC's deference to national sovereignty, which has led to impunity for perpetrators of war crimes. In addition, the research will reveal the chilling effect of the ICC's complementarity paradigm, which has led to a jurisdictional stalemate. Ultimately, it is the position of this paper that the ICC's complementarity principle, though well-intentioned, has become a jurisprudential bottleneck that is preventing the ICC from effectively prosecuting war crimes. In order to transcend this jurisprudential bottleneck, this research proposes a recalibration of the ICC's complementarity paradigm, focusing on proactive engagement with national jurisdictions and a better appreciation of the complex interplay between national and international jurisdictions. Ultimately, it is the position of this paper that by reinvigorating the ICC's commitment to international justice, the ICC can transcend the jurisdictional bottleneck that is currently preventing it from effectively prosecuting war crimes.116 views
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Pages 4428 - 4442The present study highlights an inherent structural paradox within the Competition Act of India, 2002, which is referred to as the 'Section 3(5) Paradox' in the paper. According to Section 3(5), any person exercising his rights under an intellectual property right license is immune from prosecution under Section 3 (Anti-Competitive Agreements) if he imposes reasonable conditions in his licensing agreement. However, no such provision exists in Section 4, which deals with the abuse of dominance. As such, the result is that the same person who holds the dominant position through the exercise of his IP rights may be held liable under Section 4 for engaging in activities that are protected under Section 3(5) by virtue of the IP license. Using the examples of CCI in Micromax v. Ericsson (2013) and Umar Javeed v. Google LLC (2022), the different rulings of the Delhi High Court in its Single Bench judgment (2016) and Division Bench judgment (2023), and the procedural dismissal of the appeal by the Supreme Court in September 2025, it is illustrated that the existing approach lacks coherence from both legal and economic perspectives. On conducting a comparison of the European Union’s ‘doctrine of exceptional circumstances’ approach and the American rule-of-reason approach, one can observe that the Indian inability to create either the statute of reasonableness or an effective FRAND system is an aberration amongst leading countries. There are three legislative suggestions made at the end of this study: (i) a reasonableness defense statute inserted as Section 4(3), (ii) a statutory consultative process between the Competition Commission of India and IP regulatory bodies, and (iii) statutory SEPs legislation with a FRAND framework.237 views
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Pages 4443 - 4459The creative field is becoming more and more shaped by Artificial Intelligence (AI) when machines are able to produce literature, visual art, music, films and digital media with little or no human creativity. Although these developments are a major technological change, they also confront the fundamental premises on which the copyright law is conventionally founded. The copyright law has been traditionally tailored to defend the works that are created by the human mind, abilities and judgment. The introduction of AI-generated creative works alters this premise to bring unanswered questions related to originality, authorship, ownership and legal responsibility. As an autonomous system creates creative output, it becomes hard to know whether the principles of existing copyright on the same can be utilized and who must be considered as the right holder legally in that instance. In India, the Copyright Act, 1957, lacks provisions that specifically address AI-generated works. The legal system still has the same interpretation that is based on human authorship, so it poses a problem of ambiguity in the protection and enforcement of rights of the works produced by artificial intelligence. This lack of clarity leads to gaps in the law that could be used against creators and developers of AI technologies and users. This paper reviews how AI-generated creative works relate to the Indian copyright law. It evaluates the shortcomings of the existing legal system, points out new legal issues arising, and compares them with the international practice. The paper also suggests some possible changes in laws and policies that can help fill these gaps, and at the same time, not favour or spoil creative innovators in the rapidly changing digital world.283 views
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Pages 4460 - 4482Rapid advances in AI have given rise to a troubling new dimension of gender-based violence: the non-consensual creation of sexually explicit deepfake imagery. Freely available generative AI tools allow perpetrators to produce realistic fake sexual content featuring real individuals without their consent, with women being disproportionately victimized. This paper examines whether India’s existing legal framework, the Information Technology Act, 2000 ; the Bharatiya Nyaya Sanhita, 2023; and the Protection of Children from Sexual Offences Act, 2012 is equipped to address this harm, concluding that it is not. Through doctrinal legal analysis and a comparative study of legislative approaches in the United Kingdom, United States, South Korea, and the European Union, the paper identifies critical gaps: the absence of a consent-centered criminal provision, obscenity laws ill-suited to AI-generated material, inadequate accountability mechanisms for online platforms, and minimal procedural safeguards for those harmed. Drawing on prominent Indian cases and emerging international frameworks, the paper proposes a comprehensive reform agenda that includes a new consent-based criminal offense, accessible civil legal remedies, proactive obligations for digital platforms, and strengthened institutional capacity for enforcement.288 views
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Pages 4483 - 4495A live-in relationship is a type of domestic cohabitation where two individuals in a romantic partnership choose to live together without formalizing their relationship through marriage. Over recent years, the nature of live-in relationships has significantly evolved, shaped by shifting societal attitudes and key judicial decisions. Once stigmatized and viewed with suspicion, these relationships have gradually achieved legal recognition as courts in various jurisdictions acknowledge their validity. This evolution signifies a broader societal acceptance of alternative forms of partnerships beyond traditional marriage. Judicial decisions in recent times have been instrumental in defining the legal contours surrounding live-in relationships. Courts have granted rights and protections to partners in such arrangements, addressing issues like the legitimacy of children born from these unions, entitlement to maintenance, and the application of domestic violence laws. These rulings represent a significant departure from the traditional legal approach, which primarily recognized marriage as the sole legitimate domestic partnership. This paper explores the changing legal environment of live-in relationships, focusing on how judicial pronouncements are reshaping entrenched societal norms. It evaluates the impact of these decisions as live-in relationships gain broader acceptance and visibility in society. In conclusion, this abstract emphasizes the dynamic relationship between legal frameworks and societal transformation, illustrating how judicial interpretations are fostering a more inclusive understanding of relationships and family structures in today’s world.196 views
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Regulating Speech in Modern India: A Critical Study of Free Expression under the New Criminal Law Regime
Advocate at Elangovan Associates, Tamil Nadu, IndiaPages 4496 - 4519Freedom of speech and expression is a fundamental right guaranteed under the Constitution of India, forming an essential pillar of democratic governance in India. At the same time, the Constitution permits reasonable restrictions on this freedom under Constitution of India in the interests of sovereignty, security of the State, and public order. This study examines the impact of the newly introduced criminal law framework—comprising the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and Bharatiya Sakshya Adhiniyam—on the regulation of speech and political dissent in India. The research particularly focuses on the replacement of the colonial-era sedition provision with the offence relating to acts endangering the sovereignty and integrity of India under Section 152 of the BNS. While the removal of the term “sedition” is presented as part of a decolonisation effort, the study analyses whether the new provision significantly alters the scope of speech regulation or largely continues earlier legal approaches in a different form. The research also evaluates the procedural and evidentiary changes introduced through the BNSS and BSA, especially the recognition of electronic records as primary evidence and the increased reliance on digital communication as proof in speech-related offences. Further, the study considers constitutional doctrines such as vagueness, proportionality, and the chilling effect to assess whether the new framework adequately protects democratic freedoms. The findings suggest that although the reforms modernise aspects of criminal law, concerns remain regarding broad terminology, potential misuse, and the impact of digital evidence on free expression. Ultimately, the protection of freedom of speech will depend on careful judicial interpretation, responsible enforcement, and continued adherence to constitutional values.125 views -
Secondary Victimisation of Rape Survivors in the Indian Criminal Justice System: A Critical Legal Analysis
Student at Christ (Deemed to be University) Pune Lavasa Campus, Maharashtra, IndiaPages 4520 - 4530Secondary victimization the compounding of the original harm of sexual assault by the processes, attitudes, and actors of the criminal justice system itself is a pervasive yet underanalysed dimension of rape adjudication in India. Whilst Indian courts have progressively enlivened the rights to substantive justice for rape survivors by a progressive interpretation of Articles 14 and 21, the procedural architecture within which those rights must be asserted continues to do systematic institutional harm upon the very persons it claims to protect. This paper undertakes a critical legal analysis of secondary victimization across the lifecycle of a rape case in India from first-information registration and police investigation, through trial and cross-examination, to delayed judgment delivery, and inadequate post-conviction rehabilitation. Drawing upon constitutional provisions, the Bharatriya Nyaya Sanhita 2023 ("BNS"), the Bharatriya Nagarik Suraksha Sanhita 2023 ("BNSS"), the Protection of Children from Sexual Offences Act 2012 ("POCSO"), landmark judgments of the Supreme and High Courts, Law Commission Reports, National Crime Records Bureau ("NCRB") data, and a substantial corpus of socio-legal scholarship, the paper locates five principal sites of secondary victimization: (i) hostile and insensitive police receipt; (ii) medico- legal examination practices including the discredited two-finger test; (iii) aggressive and character-based cross-examination; (iv) institutional delay and multiple court appearances; and (v) meager compensation and rehabilitation. The paper argues that secondary victimization is not an incidental by-product of the adjudicative process, but a structural feature of an accused-centric system that has yet to fully assimilate a victim-rights paradigm. It proposes targeted doctrinal, procedural and institutional reforms underpinned by the constitutional guarantee of dignity under Article 21, and India's obligations under the Convention on the Elimination of All Forms of Discrimination against Women to deconstruct the architecture of secondary harm.293 views -
Pages 4531 - 4540Artificial Intelligence (AI) has evolved from a supportive tool into a semi-autonomous system influencing sectors such as healthcare, finance, transportation, and digital communication. This transformation raises significant legal concerns, particularly regarding liability when AI systems cause harm. Traditional legal frameworks are structured around identifiable human or corporate actors, making it difficult to assign responsibility in cases where AI operates with a degree of autonomy and unpredictability. This study undertakes a comparative analysis of legal liability and accountability frameworks for autonomous AI across major jurisdictions, including the European Union, United States, United Kingdom, China, and India. It argues that neither fault-based liability nor the concept of granting legal personhood to AI offers a complete solution. Fault-based approaches face challenges due to the opacity of AI systems, while AI personhood lacks practical feasibility in ensuring compensation and accountability. The paper proposes a layered regulatory approach that combines ex ante obligations—such as risk assessment, documentation, and monitoring—with ex post liability mechanisms tailored to the level of risk involved. It also emphasizes the need for evidentiary flexibility and compensation mechanisms, including insurance frameworks, especially for high-risk AI applications. The study concludes that India must adopt a proactive and structured regulatory model that ensures accountability across the AI lifecycle while safeguarding innovation. Such a framework would bridge the accountability gap without conferring independent legal status on AI systems.113 views
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Pages 4541 - 4548Since children are our country's most valuable resource, it is our responsibility to uphold their rights and give them the chance to develop fully. The goal of juvenile justice is to protect children's rights. Juvenile justice places a strong emphasis on prevention and views custody as a last-resort measure. But the horrific gang rape case that occurred in Delhi on December 16, 2012, turned out to be the historic case that altered the juvenile justice system's current legal framework. Following the passage of the Juvenile Justice (Care and Protection of Children) Act, 2015, When this Act was passed in response to public outcry over the juvenile offender's release in State v. Ram Singh & Ors. (henceforth referred to as the Nirbhaya case), there was a great deal of criticism from social workers and non-governmental organizations advocating for children's rights. In this article, the authors have addressed the shortcomings of the recently passed Juvenile Justice (Care and Protection of Children) Act, 2015 as well as its various aspects.77 views
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Bridging Gaps to Reinforcing Divides: A Critical Study of India’s Reservation System
LL.M. Student at Lovely Professional University, IndiaPages 4549 - 4562The reservation policy in India was introduced as a temporary corrective measure to correct centuries of systematic unjust and unequal treatment of the people belonging to marginalized communities. It was the most ambitious yet debated provision incorporated in the Constitution of India by the makers of the magnificent Constitution. In recent times, this policy has given birth to many debates: while a large population believes that this policy has worked greatly, its role in expanding access to education, political representation and education has been remarkable, Critics argue that it has created intra-Caste inequalities, an imbalance between meritocracy and social justice, vote bank politics, polarization, creamy-layer abuse and certificate manipulation. Starting from the Constituent Assembly debates on reservation, focusing on the key arguments from to post- Constitutional provisions to landmark judicial rulings to the various government datasets. This paper critically examines whether reservations in India continue to function as a device of social justice or whether they have begun reinforcing socio-political divides. This paper offers a critical analysis combining legal doctrinal study of constitutional provisions and case laws with quantitative analysis of government data and a survey conducted using Google Forms, collecting responses from students & academicians of the Lovely Professional University, the paper examines how the reservation improved access to higher education but there persist underrepresentation of backward communities in public sector and professional roles despite substantial demographic weight, the paper also examines the presence of inter-caste inequalities, imbalance between meritocracy and social justice, socio-political misuse. The paper come up with recommendations like introduction of creamy layer for SCs and STs category, voluntary renouncing, shift from only caste-based reservation to mixed model caste & economic based reservation, and enforcing stricter documentation & periodic review.47 views -
Pages 4563 - 4580The Indian pharmaceutical industry occupies a position of singular importance in global medicine supply: it produces approximately twenty per cent of the world's generic medicines by volume and exports to more than two hundred countries. At the same time the conditions under which pharmaceutical firms compete in India raise a set of competition-law concerns that are, in important respects, more acute than those encountered in other industrial sectors. Demand for medicines is inelastic, the prescribing physician rather than the patient controls the choice of product, and intellectual property rights confer on patent-holders a period of exclusivity that is readily extendable by strategic conduct. The Competition Act, 2002 provides the principal legal instrument through which these concerns are addressed in India, and the Competition Commission of India (CCI) has, since 2009, developed a body of decisional material spanning horizontal cartels among trade associations, abuse of dominance by originator firms, and the review of pharmaceutical combinations. This paper undertakes a systematic analytical study of that body of material, identifies its doctrinal strengths and weaknesses, and advances a set of recommendations directed at the legislator, the regulator and the industry. The paper argues that while the CCI's enforcement record against trade-association cartels is substantial, the abuse-of-dominance jurisprudence remains underdeveloped owing partly to inconsistent judicial supervision, and that the unresolved interface between the Patents Act, 1970 and the Competition Act, 2002 constitutes the most significant structural gap in the Indian framework.59 views
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Pages 4581 - 4588Machiavelli’s political thought continues to matter because it refuses to treat politics as a moral abstraction and instead examines the actual conditions under which power is gained, preserved, and lost. His concept of “effectual truth” is especially important because it requires political analysis to focus on what rulers do in practice rather than what they ought to do in theory (Machiavelli, 1532/1998; Mansfield, 2023). That approach makes Machiavelli a major precursor to International Relations (IR) realism, a tradition that also begins from the realities of conflict, insecurity, and state survival in an anarchic world (Donnelly, 2000; Stanford Encyclopedia of Philosophy, 2010). This article argues that Machiavelli’s conception of politics provides a conceptual basis for IR realism because both reject idealism and place power, necessity, and strategic judgment at the center of political life. At the same time, the paper shows that Machiavelli should not be reduced to a crude thinker of brutality; his realism is analytical, historically grounded, and deeply concerned with the preservation of political order (Leung, 2012; Mansfield, 2023).30 views
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Pages 4589 - 4595The Constitution of India represents more than a legal framework; it embodies the aspirations of a society striving to balance liberty with justice. Within this constitutional structure, three foundational elements play a crucial role: Fundamental Rights, Directive Principles of State Policy and Fundamental Duties. Together, they reflect the vision of a democratic order where individual freedom exists alongside social responsibility . Fundamental Rights guarantee civil liberties and protect citizens from arbitrary state action. Directive Principles of State Policy guide the government in shaping policies that promote social welfare and economic justice. Fundamental Duties remind citizens that constitutional democracy depends not only on rights but also on responsible participation in national life . Although these provisions differ in their nature and enforceability, they are interconnected in purpose. Over time, judicial interpretation has emphasized the need to read these provisions together through the doctrine of harmonious construction. Courts have repeatedly observed that Fundamental Rights and Directive Principles should not be viewed as competing principles but as complementary components of the constitutional framework . This paper explores the philosophical and constitutional relationship between Fundamental Rights, Directive Principles of State Policy and Fundamental Duties. It further examines how the judiciary has interpreted these provisions to maintain constitutional harmony and ensure the realization of democratic and welfare objectives.112 views
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Unfair Trade Practices in India’s Digital Economy: A Comparative Analysis of Global Regulatory Approaches
PhD Research Fellow at Department of Law, University of Burdwan, West Bengal, IndiaPages 4596 - 4635This article examines the evolving landscape of unfair trade practices in India’s digital economy through a comprehensive analysis of consumer protection, competition law, and data privacy frameworks. Using an integrated doctrinal and comparative legal approach, it demonstrates that digital markets present unprecedented challenges to traditional legal frameworks designed for brick-and-mortar commerce. The analysis reveals that unfair trade practices in digital markets are not isolated incidents but systematic patterns arising from structural asymmetries inherent in platform-based ecosystems. Dominant platforms exploit gatekeeper positions, data advantages, and algorithmic capabilities to engage in practices ranging from dark patterns and algorithmic price discrimination to self-preferencing and data exploitation. This article provides a detailed taxonomy of unfair trade practices, analyses the legal framework comprising the Consumer Protection Act, 2019, the Competition Act, 2002, and the Digital Personal Data Protection Act, 2023, and examines enforcement challenges, particularly regarding multinational corporations. Through comparative analysis of regulatory approaches in the European Union, United Kingdom, and United States, the article proposes a multi-pronged regulatory strategy including digital markets-specific legislation, enhanced penalty regimes, strengthened institutional capacity, and cross-border cooperation mechanisms. The research contributes to legal scholarship by providing a comprehensive mapping of the intersection between consumer protection, competition law, and data privacy in India’s digital economy, while offering concrete policy recommendations for creating a fair, transparent, and contestable digital marketplace.226 views -
Pages 4636 - 4653This article examines the evolving landscape of unfair trade practices in India’s digital economy through a comprehensive analysis of consumer protection, competition law, and data privacy frameworks. Using an integrated doctrinal and comparative legal approach, it demonstrates that digital markets present unprecedented challenges to traditional legal frameworks designed for brick-and-mortar commerce. The analysis reveals that unfair trade practices in digital markets are not isolated incidents but systematic patterns arising from structural asymmetries inherent in platform-based ecosystems. Dominant platforms exploit gatekeeper positions, data advantages, and algorithmic capabilities to engage in practices ranging from dark patterns and algorithmic price discrimination to self-preferencing and data exploitation. This article provides a detailed taxonomy of unfair trade practices, analyses the legal framework comprising the Consumer Protection Act, 2019, the Competition Act, 2002, and the Digital Personal Data Protection Act, 2023, and examines enforcement challenges, particularly regarding multinational corporations. Through comparative analysis of regulatory approaches in the European Union, United Kingdom, and United States, the article proposes a multi-pronged regulatory strategy including digital markets-specific legislation, enhanced penalty regimes, strengthened institutional capacity, and cross-border cooperation mechanisms. The research contributes to legal scholarship by providing a comprehensive mapping of the intersection between consumer protection, competition law, and data privacy in India’s digital economy, while offering concrete policy recommendations for creating a fair, transparent, and contestable digital marketplace.113 views
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Artificial Intelligence, Technology, and the Administration of Justice in a Globalized World
LL.M. student at T.S. Mishra University, Lucknow, U.P., IndiaPages 4654 - 4666The world is accelerating the delivery of justice through the application of artificial intelligence and digital technologies. AI-based legal research, case management, predictive analysis, and virtual hearings are among the methods currently used by the judiciary to improve efficiency, consistency, and access to cross-border justice. Even though the technology offers solutions to the courts because of their lengthy and resource-consuming nature, there are grave concerns regarding the biased nature of algorithms, transparency, data security, and due process. The disparities in technological strengths will add to the anxieties about equality before the law and equity, even without established global standards. These abstract Favors the concept that there should be ethical regulation, international cooperation, and human control to ensure that technology supports, and not destroys justice.92 views -
Pages 4667 - 4676The introduction of reservation for Economically Weaker Sections (EWS) in India represents a significant development in the country’s affirmative action policies which historically focused on social and educational backwardness. This amendment marks a paradigm shift, extending affirmative action beyond the traditional criteria of caste and tribe to include economic disadvantage sections. This study is an attempt to study the Historical and constitutional development of Economically Weaker Sections reservation within India’s affirmative action policy.90 views
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Tribunalisation in Retreat? Evaluating the Tribunals Reforms Act, 2021 and the Erosion of Administrative Adjudicatory Independence in India
Assistant Professor at Chotanagpur Law College, Ranchi, Jharkhand, IndiaPages 4677 - 4687The Tribunals Reforms Act, 2021 represents the most consequential restructuring of India’s tribunal system since Articles 323A and 323B were written into the Constitution in 1976. The Act abolished a set of long-standing appellate tribunals, transferred their jurisdiction back to the ordinary courts, and re-enacted conditions of service that the Supreme Court had struck down barely a month earlier. This paper evaluates the Act against the constitutional standards developed from S.P. Sampath Kumar through L. Chandra Kumar, Union of India v. R. Gandhi, Rojer Mathew and the Madras Bar Association line of decisions. It argues that the statute is best understood not as rationalisation but as retreat: a withdrawal from the constitutional promise of specialised, accessible and independent adjudication, accomplished through short tenures, executive-dominated selection and legislative override of judicial directions. The paper examines the separation of powers problems raised by re-enactment without curing invalidity, assesses the functional consequences for litigants, draws on the Franks and Leggatt reports for comparative perspective, and makes the case for a National Tribunals Commission as the structural answer.27 views