Volume VII – Issue VI / 2024

India being a diverse country which covers rich sources of traditional knowledge (TK). TK is the major part and parcel in our Indian culture. India has tied up with international forum and agreements to protection of TK, like World Intellectual Property Organization (WIPO), Convention on Biological Diversity (CBD). India has been strengthening and safeguarding of TK. The Biological Diversity Act, 2002 and the Traditional Knowledge Digital Library (TKDL) are remarkable initiatives. There are legislations which either directly or indirectly protect the TK such as The Patents Act,1970 Geographical Indications of Goods (Registration and Protection) Act,1999 Protection of Plant Varieties and Farmers Rights Act, 2000 , Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,2006. It is necessary to boost the indigenous and local communities (ILCs) for protection of TK. To address the issue of effective protection of TK is important to have multifaceted strategy which covers socio, cultural, technological, and legal aspects. This paper analyses the protection of TK in India and need for sui generis legislation for the conservation of the same.

State sovereignty as the cornerstone of international law and relations, faces unprecedented challenges in the digital age. This article examines the evolving nature of sovereignty through the lens of foreign interference in U.S. elections, with a particular focus on alleged Russian and Chinese activities. By analyzing the intersection of international law, domestic legislation, and emerging cyber norms, this study critically assesses the adequacy of existing legal frameworks in addressing modern threats to electoral integrity. It then explores the specific legal aspect of election interference, comparing and contrasting the approaches reportedly taken by Russia and China. The study delves into the challenges cyber operations pose to traditional notions of territorial sovereignty. Furthermore, this article evaluates international and U.S. domestic legal responses to election interference, highlighting progress and limitations in current approaches. The paper argues that while existing laws provide some tools to combat foreign meddling, they are often insufficient in the face of rapidly evolving cyber threats. The research proposes that a multi-faceted approach, combining legal, technological, and diplomatic strategies, is necessary to safeguard electoral processes in the digital era. Ultimately, this study contends that sovereignty must evolve to meet 21st-century challenges. It advocates for developing clearer international norms governing cyber operations, enhanced cooperation in attributing and responding to election interference, and the cultivation of public resilience against disinformation campaigns. By examining these issues, the article contributes to ongoing discussions on the future of democracy, national security, and international law in an interconnected world.

The celebrations for communication technological advancement did not come empty-handed. On the one hand, it brought developments in the computerized communications that have guaranteed effectiveness and efficiency in that arena. On the other hand, cybercrimes have become a daily menu in the criminal justice plate. In fighting against new criminality, Tanzania enacted the Cybercrime Act in 2015. In the process of investigating such crimes, Part IV of the Act empowers the police to conduct search and seizure. With all the appreciations for the good work of the Legislature in enacting this law, it has been vividly observed that the Police wield uncontrolled and discretionary powers in that respect. The Cybercrime Act has several weaknesses such as vesting wide and inflated discretionary search and seizure powers on the police and limiting the court involvement in the process. To remedy the weaknesses, ken eye has to be opened to the countries with best practice in this area. The article does a comparative discussion between the Tanzania Cybercrime Act, 2015 with South Africa Cybercrime Act, 2020 so as to formulate some recommendations on how Tanzania can amend, rectify and improve police powers of search and seizure during computer and cybercrime investigations.

Dr. B.R.Ambedkar, the architect of our constitution has framed many social, economical, political, educational, legal and majorly Constitutional provisions for the upliftment of every section of the society including tribals. But it is really unfortunate that the provisions made exclusively for the betterment of tribals have not achieved it’s purpose, rather it failed in implementation at the ground level. This peace loving community which once lived in isolation and did not like any kind of outside interference was forced to displace their natural habitat of forests after the advent of British in India and their greed for forest goods drove away this familial of nature. This displacement force them to start living in main stream areas where they were treated as people belonging to lower caste. They were started being recognized as Black magicians, robbers etc. Dr. B. R. Ambedkar was highly aware of this situation and also the political inactiveness towards the issue. He therefore carefully crafted several safeguards for the safety, progress and development of the tribals. Some of these Provisions are the appointment of a Minister-in-charge for Tribal welfare under Article 164, provision of administration of scheduled and tribal areas under Article 244, provision of grants from the Union Government to the states for the welfare of STs, and for raising the level of administration of scheduled areas under Article 275, protection and promotion of the claims of STs to services and posts under Article 335, the control of the Union Government over the administration of scheduled areas and the welfare of STs under Article 339 of the Constitution of India, among others. Still the condition of tribals in Our country has not improved and this dream of Baba Sahib is yet to see the light of the day.

The Union Communications Minister underscored the necessity of a new and comprehensive telecom law to safeguard the country’s interests. In light of this emphasis, on December 24, The Telecommunication Act 2023 was introduced reflecting the country’s need to adapt to the rapidly evolving digital landscape. Nevertheless, the primary statutes, including the Indian Telegraph Act of 1885, were designed for an era of analog communication and have become outdated to address the complexities of modern telecom networks, data privacy concerns, erroneous spectrum allocation, and more. This research paper poses the question- Will modern law expected to streamline regulations by integrating and updating existing statutes, reducing regulatory uncertainty, and creating a more predictable and transparent legal environment? Furthermore, the paper delves into suggestions for how key issues in the telecom sector be addressed to enhance the effectiveness of telecom regulations, adapt to technological advancements, and better protect consumer interests. Additionally, the Indian government has shifted from being merely a regulator to acting as a facilitator. This transition involves focusing on bolstering digital infrastructure, bringing about policy reforms, and leveraging domestic capabilities and talent. “India is no longer only a consumer of global technology but also a supplier of global technology,”

The research paper examines the provision of alternative dispute settlement and its procedural characteristics, as provided by Section 89 of the CPC, 1908, by the 1999 Amendment Act. The amendment aimed to implement alternative dispute resolution in Indian legal systems in response to case backlogs and judicial inefficiency. The study examines the provision in question and discusses its flaws, while also taking into account the growing relevance of alternative dispute resolution procedures in worldwide legal systems and their impact on Indian legal systems. The inconsistencies found within the clause include ambiguity in the definition of ways of dispute resolution, reimbursement of money even in circumstances where there is no settlement, and the putting of an excessive burden on courts. Furthermore, the paper addresses the issue of public lack of awareness. The sources used include secondary ones, such as journal articles, committee reports, etc. The paper also considers the recommendations made by the 238th Law Commission Report, which emphasizes the need to redefine the provisions in order to remove ambiguity, create provisions to ensure that fees are not refunded if there is no settlement, and record the opinions of courts on ADR settlement before proceeding to trial. Furthermore, recommendations submitted include raising public knowledge in order to avoid inefficiencies in systems and further the aims of the amendment and the law in issue.

A brief change specifically since the advent of the covid 19 pandemic has introduced and highlighted the key use of ADR (Alternative Dispute Resolution) in insolvency disputes, focusing on efficiency, cost-effectiveness, confidentiality, preservation of business relationships, and cross-border applicability. ADR is preferred in insolvency disputes because it is generally cheaper, quicker, and more confidential than traditional litigation, allowing for greater autonomy and avoiding lengthy court battles. The Insolvency and Bankruptcy Code (IBC) faced significant challenges during the COVID-19 pandemic, as businesses experienced disruptions in demand, supply, sales, and revenue. India's entry into the field of international dispute resolution may appear to offer cost-effective and convenient proceedings, but this is not always the case. The key advantage of using such services is the expertise of third-party professionals. A major challenge is deciding whether to use arbitration or the Corporate Insolvency Resolution Process (CIRP) under the Companies Act 2013. The extensive nature of the insolvency process can create conflicts in the commercial space.

The victims of crime are often called the ‘forgotten man’ in the criminal justice system. The adversarial system, which is primarily an accused-centric system, ignores the needs of the victims after the crime. Moreover, there is no way for them to voice their needs, as they have no right to be heard at the sentencing stage. The emergence of victimology and the pro-human rights movement revived victims' participatory rights in a criminal process. It emphasizes that victim justice can only be achieved if an equivalent right to be heard is provided to the victim of a crime. The Victim Impact Statement (VIS) is an excellent tool to make the voice of the victim of crime reach out to the relevant authorities. It helps the court determine the sentence to be imposed and the compensation to be paid to the victim. It helps in the recovery of victims. It also encourages victim participation in the criminal process and makes them an essential part of the criminal justice system. There may be some challenges in its incorporation, but several countries have adopted it and have had good results. In India, its incorporation may pose some difficulty because of the accused-centric approach, but there is still a way to make it available as a right to the victims of crime.

Singapore is well known for taking a strong pro-arbitration position. One of the main benefits of international arbitration is confidentiality, which guarantees the effectiveness of the processes. Numerous judicial improvements have defined the evolution of confidentiality in this jurisdiction in recent times. In order to help parties, lawyers, and tribunals navigate their actions effectively, the author of this paper will address the ramifications of the confidentiality ruling in The Republic of India v. Deutsche Telekom. Even while this ruling is a step in the right direction, a closer examination reveals certain ambiguities that need to be clarified in subsequent decisions.

The ethnomedicines, utilisation of some edible wild plants for food, and related customary wisdom of the Gond, Kharwar, and Baiga tribes people in the Vindhyan mountain ranges of India were all examined in this study. Overall, Threat Impact (OTI) was used to evaluate anthropogenic threats to valuable species. A semi-structured, open-ended a survey was utilised to gather the data. Out of 36 families, 53 species were employed as wild foods, out of the 95 species there were 88 genera and 48 families that were documented for a variety of medical conditions. Most of the medical treatments were made from trees (44.42%), followed by climbers (12.64%) and herbs (29.47%). Elaeodendron glaucum (1.56) and Cissus quadrangularis (0.96), which have high utilisation high relative frequency of citation (RFC) and value (UV), were utilised to treat issues with poisonous bites and musculoskeletal disorders. Calotropis procera and Cassia tora were recommended for the management of eye and ear conditions issues, respectively, based on the strong consensus factor among informants (1.0) obtained. 9.5 and 24.2 percent of species, respectively, had extremely high and high OTIs for the thirteen categories of anthropogenic threats, moving them closer to extinction. Policies pertaining to wild foods and medicinal plants under different hazard categories must be connected to nutritional security and the preservation of highly prized species.

This research paper examines the intricate relationship between law and gender inequality in India from a socio-legal perspective. Despite constitutional provisions guaranteeing equality systemic discrimination against women persists across various social spheres, significantly impacting their access to justice and opportunities. Women have fewer economic opportunities than men, have less access to basic and higher education, face greater health and safety concerns, and have less political representation globally. Women face discrimination and inequality every day, in every country on the planet. At home, at work, and in their communities, they are subjected to violence, abuse, and unfair treatment, and they are denied opportunities to learn, earn, and lead. But from where and when did it actually start? It highlights how traditional gender roles, limited access to education, and media representations perpetuate stereotypes, further entrenching gender disparities. The paper concludes that while legal protections exist, their efficacy is undermined by socio-cultural factors that require urgent attention. To promote genuine gender justice, the study advocates for comprehensive reforms aimed at strengthening enforcement mechanisms, enhancing awareness of legal rights, and fostering a supportive environment for women. By addressing these systemic barriers, the paper aims to contribute to the ongoing discourse on gender equality in India.

The integration of artificial intelligence (AI) into legal education presents significant opportunities for enhancing pedagogical practices and administrative efficiency. This research investigates the effective incorporation of AI within Sri Lankan legal education, where current guidelines for its use are lacking. Utilizing a qualitative methodology with a doctrinal approach, the study analyzes existing literature and practices to identify the potential benefits and challenges associated with AI integration. The findings reveal that AI can streamline information retrieval, provide personalized learning experiences, and enhance the efficiency of administrative tasks, thereby modernizing traditional educational frameworks. However, the research also highlights the ethical concerns surrounding data privacy, intellectual property, and the risk of over-reliance on AI tools, which may undermine essential critical thinking skills. In response to these challenges, this study proposes comprehensive policy guidelines aimed at facilitating responsible AI integration in legal education. These guidelines emphasize the importance of academic integrity, critical engagement, and human oversight in utilizing AI technologies. By establishing clear protocols for the ethical use of AI, this research aims to safeguard the quality of legal education while allowing for innovative teaching methods and administrative improvements. The conclusion underscores the necessity of balancing technological advancements with the foundational skills and values inherent to legal practice, ensuring that AI serves as an enhancement rather than a replacement in the educational landscape of Sri Lanka. Through thoughtful adoption of AI, Sri Lankan law faculties can empower future legal professionals to navigate an increasingly complex and data-driven environment while upholding the rigorous standards of the legal profession.

This research paper examines the procedural nuances under Section 173 of the Code of Criminal Procedure (CrPC) in India, focusing on the submission and scrutiny of chargesheets and supplementary chargesheets. A chargesheet is filed when the police gather sufficient evidence to prosecute the accused, whereas a supplementary chargesheet is presented if new evidence emerges during the investigation. Section 173(8) permits further investigation, ensuring that the evolving nature of a case is considered and procedural fairness is maintained. The judiciary’s oversight in assessing both reports is crucial, as magistrates are responsible for balancing the rights of the accused with the need for justice, requiring a reasoned and impartial review. The paper explores the significant distinction between a chargesheet and a closure report, with the latter indicating insufficient evidence to proceed. Magistrates retain discretion to accept or reject closure reports, and they can even order further investigation or take cognizance independently of the police's findings. This judicial discretion ensures that incomplete or flawed investigations do not result in a miscarriage of justice. The roles of B-Summary and C-Summary reports are also discussed, emphasizing the need for magistrates to carefully assess whether a case should proceed, often requiring the complainant to be heard through protest petitions. Additionally, the paper addresses the difference between preliminary reports under Section 157 and supplementary chargesheets, highlighting the legislative intent to allow flexibility in incorporating new evidence without compromising procedural integrity. Judicial oversight in ordering further investigation, while respecting the separation of powers between the judiciary and law enforcement, is emphasized. Ultimately, the research underscores the judiciary’s role in safeguarding fairness and transparency in the criminal justice process, ensuring that decisions are made based on comprehensive and evolving evidence rather than being constrained by initial investigative findings.

First hearing disposal is a popularized concept which works with the primary goal of efficient judicial system in mind. This paper discusses the process of dismissal of the suits at first instance under the CPC, 1908, together with its advantages and disadvantages. Rules like Order X Rule 1 , Order XV and others enable Indian courts to handle routine, time barred or non-extensive trial matters, provided that such matters are decided when no exhaustive issues are involved. However, it is to be noted that while these rules apply well in simple and straightforward cases, their application in other situations is discretionary, making such a process fairly unpredictable and prejudicial to the right to a fair hearing. Therefore, case management approaches together with tight timeframes are indispensable in increasing the efficiency of first hearing disposals. This paper hence aims to underline the importance of changes in judicial systems which balances procedural expediency with fairness, ensuring that first hearing disposals serve as a tool for accessible and effective justice rather than being used only as a method of caseload minimisation.

Amidst the conundrum of determining which model of corporate governance is ideally suited for companies, India has adopted the pluralistic model as a guiding principle of company law. Enshrined in Section 166(2) of the Companies Act, 2013, the pluralistic approach recognises the multi-fiducial duties of directors towards various stakeholder interests and places them on par with the interests of shareholders. The significance of the pluralistic approach is vast - its legal codification recognises and takes into account stakeholder interests without creating a hierarchy. Further, the model is closely tied to the concept of Corporate Social Responsibility (CSR) and aligns with the constitutional ideal of a pluralistic society. While the pluralistic approach is important in principle and notable in theory, its practical application suffers from various loopholes which renders it a paper tiger in the law. In addition to highlighting prevailing arguments of ineffective implementation, lack of redressal for stakeholders and ambiguity in the language of the provision, this paper aims to focus on the three main agency problems in companies which undermine the purpose and efficacy of the pluralistic approach as outlined in Section 166(2). Further, these lacunae can lead to a neglect of overall company benefit and promote unscrupulous practices that prioritise individual interests as evidenced by real world instances and case precedents. Therefore, there is a pressing need to formulate fine-tuned solutions so as to plug the prevalent loopholes in the pluralistic model, until which time the quest for perfection remains.

The case involved a question upon the duties of corporate debtor to its creditors implicating a coherent set of conceptually distinct moral principles governing the conduct of debtors towards their creditors. Furthermore, the arguing contention whether guarantor’s liability stands separate and distinct from principle debtor, for such condition gives creditors liberty to file independent suit against either of them rather bringing them under same discord. The interest of a creditor in corporate debtors’ business affairs, suffering from financial difficulty, can face adverse consequences for improper participation in management of the corporate debtor, the creditor shall be responsible for losses accumulated on account of such participation. However, the case of BRS Ventures Investment Ltd. Vs. SREI Infrastructure Finance Ltd. And Ors., the factual statement showed no such intervention by financial creditor, to the corporate debtor, neither showing contention for improper participation, stating the corporate debtor shall not file suit for damages arising out of any such suit of debt-repayment. The duty of contractual obligation in notes of guarantee requires reasonable efforts to minimize losses by legally binding the borrower in-confidence, for whenever intervening events impede contractual objectives of debt restructure or overdue, recognizing confidence the party’s responsibility inextricably linked to repayment of debt according to his contractual obligation as key step fitting towards environment for perfect creditor, debtor, and guarantor.

In spite of the assurances of the Indian Constitution, the real-time picture of rural justice administration suggests otherwise. Nyaya Panchayat, which was centred on the Panchayat ideal of participatory grass-root justice, was widely used in India during the early years of independence. As we progressed through the 1970s and 1980s, the effectiveness of indigenous justice instruments decreased. The Parliament ultimately approved the Gram Nyayalayas Act, 2008, in aim to reestablish the indigenous form of dispute settlement system by learning from past failures. A look at the current Gram Nyayalaya System reveals that justice delivery in rural India has not changed much in the 11 years since its adoption, save from a dramatic shift from the Panchayat worldview. Thus, this paper focuses on the function of Nyaya Panchayats in the rural judicial system and compares pre-independence and post-independence settings. The study also examines the current Gram Nyayalayas in light of the 2008 enactment, focusing on their long-term viability in opposition to the Panchayat ideology. As a result of their investigation, the writers have now come up with appropriate recommendations in this area.

In the contemporary landscape, where information technology and electronic communication are rapidly reshaping social dynamics, it becomes imperative to prioritize a comprehensive examination of existing legal provisions safeguarding the freedom of media, including nascent social media platforms, while also delineating reasonable restrictions in the interest of individual rights and public welfare. This necessity is underscored by the absence of any inherent privilege of expression exclusively granted to the media, which shares an equal entitlement to freedom of speech and expression as every ordinary citizen of India, as enshrined in the Constitution. The legislative response to regulate the burgeoning electronic realm was initiated with the enactment of the Information Technology Act 2000, which conferred legal recognition upon electronic records for various purposes and delineated penalties for cybercrimes. Furthermore, the government of India has introduced The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, exercising its authority under specific sections of the Information Technology Act 2000. These rules extend regulatory provisions to encompass Social Media and Over-The-Top (OTT) Platforms. Against this backdrop, this paper critically evaluates the landscape of online free speech within the framework of Indian laws, analyzing the implications of legislative measures on digital media platforms and the exercise of expressive freedoms.

This comparative study here is considering the structural and procedural similarities and differences of criminal justice systems of different nations. The study of some of the main components, like law enforcement, judicial processes, and correctional practices, will illustrate how to deliver justice in diverse cultural, social, and legal contexts. The research is grounded in the foundational nature of human rights as well as the procedural fairness of things: international standards and organizations guide the way of doing things domestically. Some contemporary challenges that the paper will be dealing with include overcrowding in prisons, racial disparities, and how technology affects law enforcement. This research has brought forth the fact that even after so many jurisdictions have brought about massive reforms, so much more needs to be done to ensure equity and effectiveness in the provision of criminal justice services. In its pursuit, the research encourages global cooperation, exchange of knowledge, improvement in legal systems, and upholding of individual rights as part of the quest toward a better society. The long-term goals of a fair society are to preserve justice, dignity, and accountability through all the stages of criminal process.

The need to reform criminal laws arises from a fundamental misunderstanding of their true implications and effectiveness. When the theoretical framework of these laws remains unchanged since the colonial era, the new legal system will inevitably retain its imperial characteristics. How can the new Sanhithas be praised for ending the colonial mindset when the core principles remain the same? This question has caused an appeal to a rigorous examination of the historical overview of the Indian Penal Code by exploring why the British wanted a criminal law for India and, in the event, how they subtly incorporated English Legal principles. The underlying notion is that English legal principles are the only understandable system of laws known to the British. Clearly, the same principles have guided the creators of the new Sanhithas in establishing laws while preserving most provisions of the IPC. This is because it is the only framework they fully grasp.

Individual constitute states, states constitute world. For stabilized world we require peace, in order to achieve peace we need cooperation between states. Cooperation could be achieved when there is a political stability in the state. In order to achieve political stability, political order is important. Finally to achieve political order people of the state should be ensured with security and justice to lead a peaceful life. So a new world order should be framed which is termed to be just world order. This paper is divided in to five parts. The first part is Introduction. The second part discusses on Justice and Human Security. The third part enumerates on political order. The fourth part discusses world political order and justice. The final part is conclusion.

This essay aims at analysing whether rising China’s visions of international order doomed to inviting conflicts with regional countries. This essay discusses the relationship of China with its neighbours, China’s economic growth, China’s security policy, China’s vision on international order to get a clear view of China’s need from the outside world. This essay also critically analyses the Chinese vision of new world order based on Tianxia will be the best as it will suit the interest of all nations. Chinese vision of new world order will not doom to invite regional conflicts as it holds for the common interest under a single institution with a view from everyone. As China takes a multilateral approach towards a multipolar trend its view of great power, sharing the greater responsibility to set up a peaceful and harmonious world will become a complete and perfect world order. On the other hand USA’s relationship with its neighbours, complex interdependency will not make China to respond in its selfish interest to go on for a conflict.

Escalation of conflicts, civil war, regional tensions, and instability has jeopardized the rights of millions of asylum seekers all over the globe leading to severe humanitarian crises in the 21st century. The surge in number of asylum seekers is proportional to the instability, lack of peace, and disorder in global dynamics. This paper predominantly focuses on the role of International Law and the United Nations, specifically the United Nations High Commissioner for Refugees (UNHCR) in promoting and regulating the rights of asylum seekers. It further elaborates on various rights of asylum seekers guaranteed under various international instruments and conventions. And further dwells into the exploitations perpetrated against them and the failure of State obligation as mandated by Jus Cogens and Fundamental International principles. This paper concludes with the inevitable drawback of international law and the UN in curbing such exploitation, thereby shedding light on the failure of state cooperation and implementation of international law. This doctrinal research paper attempts to bridge the gap between the theoretical and practical aspects of asylum seekers' rights as vested in the Refugee Convention 1951, Refugee Protocol 1967, UDHR 1948, Statute of UNCHR 1950, etc. This research contributes to the legal understanding of various issues and challenges faced by asylum seekers and it inculcates the necessity of state cooperation for effective implementation of International Law in the 21st century.

As international trade expands, arbitration has increasingly become the preferred method for cross-border dispute resolution due to its efficiency and enforceability. The Arbitration and Conciliation Act, 1996, a key legislation in India, governs the recognition and enforcement of foreign awards, incorporating both the New York and Geneva Conventions. However, the enforcement of foreign awards in India is often challenged by objections on the grounds of 'public policy,' as the term has been subject to various judicial interpretations over time. This research paper examines the enforceability of foreign arbitration awards in India, focusing on the evolving concept of public policy. This research paper analyzes the judicial approach to public policy from the Foreign Awards Act, 1961, through landmark cases like Renusagar Power Co. v. General Electric Co. and Shri Lal Mahal Ltd. v. Progetto Grano Spa, up to the recent amendments in the Arbitration Act. This research paper highlights the need for reforms in the act and emphasizes their role in strengthening India's arbitration-friendly stance, which aims to balance judicial oversight with effective enforcement mechanisms, fostering a stable and predictable environment for international commerce. This evolution underscores India’s commitment to aligning its arbitration practices with international standards, enhancing its role as a hub for international dispute resolution.

This paper examines the role of facial attractiveness in influencing judgments of criminality and culpability, with it’s central argument circling around the extra-legal factors related to appearance bias within the legal system. Drawing from evolutionary psychology, sociobiology, and cognitive bias theory, it explores how societal standards of attractiveness and perceived facial traits impact implicit associations with criminality. Via various studies on stereotyping and deviance, including insights from criminology, psychology, and cultural portrayals, this paper analyses mechanisms by which certain facial features—including but not limited to symmetry, tattoos, and perceived maturity—affect perceptions of guilt. Classic theories from Cesare Lombroso’s notion of a “criminal man” to modern media representations in Disney become illustrations for how deviancy has been stereotyped and construed over time. Empirical research findings show that attractiveness biases can influence judgment and sentencing, favouring attractive individuals in cases of minor or victimless crimes, yet reversing for cases where attractiveness may have played a more direct role in the offense. This paper highlights the need for critical scrutiny of facial bias in legal contexts, proposing that a lack of diverse data on beauty norms leaves potential gaps in understanding appearance-related biases.

Mandatory Conscription is a practice adopted by several countries where the citizens of certain criteria are listed mandatorily in the military or other national services. This practice is defended by the states citing national security reasons predominantly. Though this practice is critiqued upon, the way this practice is undertaken in Eritrea is subject to massive criticism due to its behaviour of overlooking the basic fundamental rights of the human beings by having indefinite mandatory conscription, collective punishments for the relatives of the evaders, etc. In spite of such prima facie violation of the human rights in the state, the lack of any sort of effective intervention is alarming as to the existence of human rights principle on the whole in the globe. Human rights being implemented through international sources of law, there is a necessity for a balance between sovereignty and human rights in itself. In cases like this however, the concept of human rights is often hidden behind the shadows of sovereignty, where the meaning of human rights is lost. Hence it is vital to draw the line where the violations of human rights shall not be entertained for the purposes of sovereignty of the state. Through the research, the paper aims to contribute to the academic discourse on human rights and sovereignty, providing a nuanced understanding of the complexities involved in mandatory conscription and international intervention.

The Bharatiya Nagarik Suraksha Sanhita, 2023, introduces significant changes to the Criminal Procedure Code, 1973, particularly in the realm of police custody. This research paper delves into a critical analysis of Section 187 of the BNSS Act, focusing on its impact on the rights of the accused, especially in relation to Articles 20, 21, and 22 of the Indian Constitution. Key areas of exploration include the constitutionality of Section 187(3), which omits the phrase "otherwise than in police custody," potentially leading to extended police detention beyond the 15-day limit. This paper examines the implications of considering the accused's bail status under Section 187(2), analyzing its potential impact on the principles of bail under the CrPC. Furthermore, the research scrutinizes the definition of custody under Section 187(5) BNSS, comparing it with the broader understanding of custody under the CrPC and judicial precedents. By employing a doctrinal research methodology, this paper aims to shed light on the potential challenges posed by Section 187 of the BNSS Act to the rights of the accused and the principles of fair trial. It concludes by emphasizing the importance of striking a balance between the need for effective investigation and the protection of individual liberties, advocating for a cautious and nuanced interpretation of the provisions to safeguard the fundamental rights enshrined in the Constitution.

This paper examines the regulation of share transfers in Indian private companies under Section 2(68)(ii) of the Companies Act, 2013, which allows for specific restrictions on such transfers. The study critically assesses the scope of these restrictions, ranging from partial limitations to outright bans, and their alignment with the broader regulatory framework. It focuses on the impact of these restrictions on the liquidity of shares and the rights of minority shareholders, particularly when company boards deny share registration, creating barriers to share transfer. This denial raises significant concerns about fairness in corporate governance and transparency. To provide a comprehensive analysis, the paper also explores global regulatory practices regarding share transfers in private companies, specifically comparing India’s approach with those in jurisdictions like the UK and the US. These comparisons highlight the diverse mechanisms employed internationally to regulate share transfers and shed light on alternative regulatory strategies. The study employs a doctrinal analysis complemented by a comparative approach, enabling a deeper understanding of the effectiveness of different mechanisms governing share transfers. By juxtaposing India’s regulatory framework with international practices, the paper identifies potential gaps and offers insights into the impact of these regulations on corporate governance, particularly with regard to minority shareholders. The paper concludes by proposing well-founded policy recommendations aimed at reforming the current regulatory framework in India. These recommendations focus on enhancing corporate governance, improving transparency in share transfer processes, and safeguarding the rights of minority shareholders, ensuring a more equitable and effective system for regulating share transfers in private companies.

The paper seeks to find out the legal complexities involved in validity of contracts involving minor social media influencers in India. It deals with the emergence of social media influencers and its increasing popularity worldwide. The research explores how minor social media influencers are on the rise globally as well as in India. Their economic exploitation is becoming rampant as well. This paper compares how various countries other than India Like USA and Netherlands have frameworks to combat economic exploitation and the capacity of child social media influencers to enter into valid contracts. The shortcomings in their frameworks are analysed. The study highlights and strives for such frameworks in India where kidfluencers are included as well. The paper ultimately aims to clear the ambiguity in application of the current contract laws in India involving child social media influencers and suggests a framework keeping in mind their inclusiveness.

The work offers a thorough examination of the development and use of India's Insolvency and Bankruptcy Code (IBC). It outlines the main difficulties the prior disjointed insolvency framework faced as well as the justification for the IBC's implementation. There is a thorough discussion of the goals, characteristics, and several changes made to the IBC over the years. The report looks at the effects of the IBC's implementation, such as how it has affected the number of non-performing assets, the rights of creditors, the prompt resolution of distressed assets, and the ease of doing business in India. The report also explores the attempts to connect the IBC with the UNCITRAL Model Law by incorporating a cross-border insolvency framework, as well as the anticipated advantages and difficulties of doing so.

This article analyses electoral bonds and their link with the Right to Information, with specific reference to the latest Supreme Court ruling declaring electoral bonds unlawful. The RTI Act is a principle of democracy through which people can ask for information and official operations from the authorities. While electoral bonds as instituted as a method of financing political parties have been perceived to erode this transparency through anonymous contributions. The present judgement of Supreme Court which declares endorsable electoral bonds unconstitutional is a watershed event in Indian democracy. This judgment is examined for its ability to enhance democratic practice because political funding must be transparent and therefore open to public scrutiny.

This paper is situated within the domain of environmental law, focusing on studies of how space junk is an impending danger to the environment and who is responsible for it. This paper examines the definition of space debris and its current and potential future impacts, critiques the existing legislative framework and its deficiencies, explores forthcoming technological advancements to address the issue, and advocates for the adaptation of laws to accommodate such advancements. The primary objective of this research is to elucidate the recently identified adverse effects of space debris and underscore the inadequacy of the current legislative regime in addressing the issue on an international scale. This research uses secondary data and identifies additional environmental threats posed by space debris, including climate change, metal vaporization in the ozone layer, mega-constellations, and lunar debris and that existing international law concerning space debris is non-binding and not yet a part of customary law, with only principles existing. This paper emphasizes the necessity of organizing global conventions on space debris, involving prominent space agencies, and declaring space as a global commons. It recommends that these initiatives be undertaken by various entities such as the International Telecommunication Union (ITU), the Committee on the Peaceful Uses of Outer Space (COPUOS), and the United Nations Office for Outer Space Affairs (UNOOSA).

This case comment is situated within the domain of taxation law and examines the intricate issues of international taxation and treaty shopping in the Tiger Global-Flipkart case, focusing on India's Double Taxation Avoidance Agreement (DTAA) with Mauritius. To address double taxation, India has established DTAAs, such as the 1983 India-Mauritius DTAA, which exempts Mauritius residents from capital gains tax on Indian assets. In this case, Mauritius-based subsidiaries of a U.S. corporation sold Flipkart shares, generating substantial capital gains. India’s tax authorities contended that these subsidiaries lacked independent control and functioned merely as "see-through entities," with control residing in the U.S., thereby denying DTAA benefits and withholding tax exemptions. The Authority of Advance Rulings (AAR) invoked anti-avoidance provisions, emphasizing that the corporate structure aimed to exploit the DTAA for tax benefits. The AAR’s ruling diverged from prior decisions that upheld DTAA exemptions in similar scenarios, sparking debate on consistency and the persuasive value of AAR decisions. This case underscores India's commitment to preventing treaty shopping, reinforcing that capital gains exemptions under the DTAA are not absolute and are subject to scrutiny on economic substance grounds. The ruling has notable implications for multinational corporations employing intermediary holding structures to minimize tax liabilities and signals India’s increasing reliance on anti-avoidance doctrines, such as General Anti-Avoidance Rules (GAAR). This examines the arguments put forth by the counsels and the parameters inadequately perused by the adjudicating authorities and examines the correctness of the Ratio Decidendi. It also provides a Comparative Assessment with Other Judgments and highlights the Jurisprudential Contribution of this case.

The judicial system in India has ancient roots, with texts like the Dharmashastra and Arthashastra providing early legal frameworks. However, the modern judicial system began to take shape during British colonial rule. But, given the millions of cases pending in the nation today, it is clear that the judiciary urgently needs more judges. Often, the court’s decisions reflect and influence societal values and norms. However, other issues within the Indian judicial system have been causing concern, particularly regarding the public's faith and trust in the judiciary. This underscores the necessity for judicial reform within the nation. This paper will discuss the key issues associated with the modern-day judiciary system, which highlight the need for judicial reform or every judicial system bears the responsibility of delivering high-quality decisions in a timely manner, ensuring fairness and transparency for public scrutiny. The Indian judicial system is now dealing with a massive backlog of cases, which is causing delays in the delivery of justice services. This study uses a framework that was developed to identify and prioritise elements that impact judicial performance in the situation of Indian courts. The study involved the development of the framework. A discussion of the most important aspects that influence the effective performance of judicial tasks is included in the research.

In the face of rapid urbanization, climate change and the pressing need for sustainable development, “smart growth” has emerged as a strategic approach for city planners and policymakers around the world. Smart growth focuses on designing communities that prioritize sustainability, environmental stewardship and efficient land use while creating high-quality, livable spaces for residents. However, legal frameworks and regulations have not always kept pace with the ambitions of smart growth initiatives, creating barriers that hinder the practical implementation of green urban development. This article examines the critical legal obstacles facing smart growth and explores how legislative and policy reforms can enable more sustainable urban development in the modern era.

The Performance Improvement Plan (PIP) is a management tool commonly used by enterprises to enhance employee performance and is often cited as a basis for terminating employment contracts due to incompetence. However, due to the lack of specific standards defining "incompetence", there are misunderstandings in its application. A comprehensive analysis of numerous cases reveals that PIP is typically associated with "incompetence", yet it does not fulfill the role of "training" as stipulated under the Labor Contract Law of the People’s Republic of China for termination based on incompetence, thereby posing risks of unlawful termination. Employers should establish or clearly stipulate evaluation systems and standards, implementing PIP based on these guidelines. Adhering to a complete evaluation process, while respecting employees' rights to suggest training and be informed, is essential to mitigating legal risks.

The use of Trademarks has become an integral part of product branding. Trademarks have influenced Consumer Behaviour to great extent in the recent times. Be it the idiosyncratic shade; Uncensored of Rihanna’s “Stunna”, or the peculiar red that embraces the sole of every Louboutin, or the flashy GUCCI symbol- all of these attract herds of consumers due to their uniqueness and brand value. It is interesting to see a new surge in the process of using these products- by Customization. Your favourite movie on your Sneakers? Your favourite quote on your phone cover? or your choice of skin on your laptop?- Customization has got it all covered. Due to this ease of modification, the Trademark law in the contemporary world is faced with the challenge as to whether or not this novel practise amounts to Trademark infringement or dilution? Does it affect the right to speech? What are the boundaries to which customization can be allowed? This investigatory project takes a deep knitted look into the same.

For most of the years since independence, India was reluctant to enter into globalised world freely since it wanted to protect the Indian economy. However, then in the upcoming years with the advent of globalization and internet, the concept of cultural assimilation has increased. This has significantly impacted our own cultural belief systems in various aspects, be it economically or psychologically. This has led to a situation of identity crisis and cultural confusion, backed by the resistance towards domestic culture. The main agents that led to this cultural homogenization is global media and cultural industries; global brands and the evolving consumer culture and the cultural exchange that takes place by way of trade and investments and immigrants. Furthermore, the paper seeks to study the effect of globalization on the Iranian culture, how the culture has been impacted and the way forward for the same. This research work seeks to analyse the strategies to balance cultural exchange and preservation in the ambit of globalisation by reducing the adverse effects of cultural homogenization and encourage cultural diversity.

Artificial intelligence (AI) and blockchain technologies are rapidly transforming industries and sectors worldwide, from finance and healthcare to government services and supply chain management. While these technologies offer immense potential, they also present unprecedented regulatory challenges. Governments around the globe, including India, are grappling with how to regulate these technologies to maximize benefits while minimizing risks such as privacy violations, misuse, and market disruptions. This comparative study examines the regulatory frameworks for AI and blockchain in India in comparison to other major jurisdictions, including the European Union (EU), the United States, China, and Singapore. India’s AI and blockchain regulatory landscape is still developing, with initiatives like the National Strategy on Artificial Intelligence and the ongoing debate on cryptocurrency regulations shaping its path. On the contrary, the EU has moved forward with comprehensive frameworks, such as the General Data Protection Regulation (GDPR) and the proposed AI Act, while the U.S. adopts a more fragmented, sectoral approach. China's central governance approach to both technologies, particularly blockchain, illustrates a different regulatory philosophy driven by state control. Singapore, on the other hand, represents a more flexible and innovation-friendly regulatory environment. This study aims to explore key regulatory approaches, highlighting their implications for innovation, privacy, and governance, while drawing insights for India as it seeks to balance innovation with regulation. The paper also discusses global trends, challenges, and recommendations for harmonizing AI and blockchain regulations across borders.

Cybercrimes against women are increasing and women have been severely victimized in cyberspace. Some criminals try to offend women by sending obscene e-mails, stalking women through chat rooms, websites, etc., developing pornographic videos that present women in compromise, mostly created without their consent, fraudulent e-mails, images that turn into pornographic content, etc. Sex offenders look for their victims on social networking sites as well as job or matrimonial sites where people post their personal information for a better future. Disclosure of personal information has made women increasingly victims of cybercrime. Although there are many cases of female victimization in western countries, female victimization has increased in eastern regions such as India, and these women have relatively less legal protection and are unique than their western counterparts (Halder and Jaishankar), 2008, 2009, 2011b). This article attempts to explore the various reasons why Indian women have been victimized and proposes a conceptual model of Indians women cyber victimization. As victims of cybercrime, women experience a number of psychological effects that deeply affect their lives. The National Crime Records Bureau (NCRB) has reported an increase in cybercrimes against women in recent years. Cybercrime against women takes the form of online defamation, sexual harassment and abuse, email spoofing, etc. This research paper is an attempt to discuss a brief analysis of women legal rights to protect themselves against cybercrime, its implementation and the challenges women face in achieving these rights.

Green arbitration is a concept introduced by Lucy Greenwood in 2019, which aims at reducing the carbon footprint caused by international arbitration. A medium-sized international arbitration requires almost 20,000 trees to be planted to offset its carbon footprint emissions. Arbitration has proved to be one step ahead when compared to litigation. However, this comes with a huge price. The Campaign for Greener Arbitration aims at inspiring and encouraging fellow arbitrators to conduct arbitration with a minimum carbon footprint. The Green Protocol, or the Green Pledge, accommodates nine simple but significant changes that can be adopted by arbitrators and other stakeholders. The COVID-19 pandemic has accelerated the trend towards virtual hearings and online proceedings. Through this paper, the author attempts to exhibit the impact of arbitration on the environment. The author endeavours to discuss an unexplored pitfall of arbitration and the importance of recognising the same in India. The paper cites various suggestions and guidelines mentioned in the Green Protocol. The author also gives different insights on how India can deal with arbitration in an environment-friendly manner. Towards the end of the paper, the author suggests practical changes that arbitrators can do to attain carbon neutrality.

The urge to understand, get, and share correct information from a reluctant source is probably as old as the search for effective interrogation techniques. Another method for learning the truth or getting closer to it in the event of a crime is narco analysis, which also aids in investigations and questioning. The primary goal of a Narco analysis test is to elicit information from the accused while he is hypnotised, and the physicians and forensic psychologists present are solely responsible for this procedure. Tests conducted in front of police are frequently disregarded because they are seen to be pressured, and officers are not permitted to participate in any ongoing sessions of the test being administered. Since it is solely up to the accused or test-taker to decide whether to undergo the narco analysis test, the accused bears responsibility for his choice. Narco analysis within the Indian judicial system is the subject of this article. Its legitimacy with regard to Articles 20(3) and 21 and its statutory sanction under the Code of Criminal Procedure and Indian Evidence Act were the main topics of discussion.

In India, the construction industry is a significant contributor to the country’s economy, employing a large workforce and playing a crucial role in infrastructure development. It is also an industry that is highly multifaceted and oppressed with disputes. Complex construction can likewise often result in complex disputes, which predominantly, arise from intricacy and magnitude of the work, multiple prime contracting parties, poorly prepared contract documents, inadequate planning, financial issues and communication problems. These disputes demand a composed and informed approach to resolution. There are two widely known procedures of conflict resolution, namely, litigation and arbitration. There is still the classic approach to taking cases to court, although this has gradually been overshadowed by arbitration which guarantees a speedy resolution. Therefore, a lawyer who is in the process of preparing a dispute resolution clause in a construction contract is constantly in a dilemma. This paper titled “Balancing the scales: Comparing arbitration and litigation in the Indian Construction Conflicts” provides a comparative investigation of these mechanisms, evaluating them on the basis of cost, time efficiency, technical expertise, and confidentiality. This paper concludes with recommendations on optimizing the choice between traditional litigation and arbitration.

Gender equality and sustainable development are two interconnected and mutually reinforcing concepts. The article provides a comprehensive review of existing research evidence on the relationship between gender equality and sustainable development. The review synthesizes empirical studies, theoretical frameworks and policy analysis to shed light on the various dimensions of this relationship and its implications for achieving sustainable development goals. The article explores the critical relationship between gender equality and sustainable development from a multidimensional lens. Drawing upon empirical research, theoretical frameworks and policy analysis, it examines the interconnectedness between gender equality and various dimensions of sustainable development. By analyzing the economic, environmental and social aspects, the article emphasizes the significance of advancing gender equality in achieving sustainable development goals. It also highlights the importance of addressing challenges and finding out ways to promote gender equality within sustainable development agendas. Through this multidimensional perspective, the article contributes to a deeper understanding of the role of gender equality in driving sustainable development outcomes. By adopting a multidimensional perspective, this research article offers a comprehensive analysis of the complex relationship between gender equality and sustainable development. It highlights the interconnectedness between economic, environmental, and social dimensions, emphasizing the need for holistic approaches to advance gender equality. The article provides a valuable resource for policymakers, practitioners, and researchers seeking to promote gender equality within sustainable development agendas, ultimately contributing to a more inclusive and sustainable future.

The judiciary stands as a cornerstone in upholding and advancing democratic values, safeguarding individual liberties, ensuring the separation of powers, and reinforcing the rule of law. This paper examines the judiciary’s essential role within democratic frameworks, with a focus on judicial independence, the interpretation and protection of constitutional rights, and the judiciary’s authority to review and oversee legislative and executive actions. By conducting a comparative analysis of judicial practices across democracies, including those in the United States, India, and the European Union, the paper highlights key cases that exemplify the judiciary’s function in securing democratic integrity. Further, the study explores present-day challenges to judicial independence, such as political pressures and media influence, and considers the judiciary’s expanding responsibilities in a digital era. Ultimately, the judiciary is affirmed as indispensable in enforcing democratic principles among both citizens and government entities, solidifying its role as a custodian of justice and constitutional order.

Child trafficking is a pervasive and grave violation of children's rights that affects millions of children globally, with India being both a source and destination country for trafficked children. This crime involves the illegal trade of children for exploitative purposes, including forced labor, sexual exploitation, illegal adoption, and use in child pornography or prostitution. Despite legal frameworks designed to combat trafficking, the scale and complexity of the issue continues to pose significant challenges. This article explores the phenomenon of child trafficking in India, analyzing the socio-economic, cultural, and legal factors contributing to its persistence. It highlights the vulnerability of children from marginalized and impoverished backgrounds, who are often lured or coerced into trafficking situations. The article also examines the legal structure to prevent child trafficking, as well as the initiatives taken to address this serious issue by governmental entities, non-governmental organizations (NGOs), and international legislation and agency

The exponential growth of e-commerce has fundamentally reshaped the global marketplace, ushering in a new era of digital transactions that transcend traditional geographical and temporal boundaries. This revolutionary shift has created a myriad of opportunities for businesses to expand their reach and for consumers to access a vast array of products and services with unprecedented ease. However, this digital transformation has also introduced complex challenges that necessitate a careful examination of the rights and responsibilities of all parties involved in online commerce. This article focus deep into the intricate web of legal, ethical, and practical considerations that govern online transactions in the ever-evolving landscape of cyberspace. Furthermore, we explore how these laws interact with industry best practices and emerging technological trends to create a dynamic ecosystem of rights and duties for both buyers and sellers. Our study encompasses a wide range of topics crucial to the functioning of digital marketplaces. We examine the nuances of consumer rights in the digital age, including the right to accurate information, fair pricing, and robust data protection. On the seller side, we investigate the responsibilities of businesses in ensuring product quality, timely delivery, and secure transactions, while also exploring their rights to protect intellectual property and manage business risks. A key focus of our analysis is the role of clear communication in fostering trust and efficiency in online marketplaces. We focus into the importance of transparent terms and conditions, effective dispute resolution mechanisms, and the challenges of cross-border communication in global e-commerce.

This article will be providing a critique of the pro-life or anti-abortion argument , the freedom to abortion and will look into what is abortion and why it is seen as such a controversial topic. It aims to discusses the emergence of the pro-life movement from the lens of religion and the patriarchal society. The article further discusses abortions and pro-life arguments from a global perspective and although a few arguments are discussed in the context of Indian society the scope of the paper is not limited to India.

It is an obvious fact that corporations are significant entities in society, the prosperity of which would lead to the prosperity of the nation as a whole and it will result in the amelioration of the corporations’ reputation in the global market. A standard corporate governance of a corporation has an advantage over its competitors and it is significant to the progression of the economy and society. Good corporate governance attracts investments from both the FIIs and DIIs who play active and significant roles in the robust capital structure of a corporation and the Indian capital market. It paves the way for more foreign collaborations at ease. It gained its popularity most recently due to the critical upward trend of corporate frauds, say, the Maxwell Corporation Scam (1991), the Barings Bank Scam (1995), the Enron debacle (2011), the WorldCom Scam (2002), the Parmalat Scam (2003), the Satyam Scam (2009), etc. These high-profile corporate frauds resulted in the instantaneous need for sound corporate governance. The study of corporate governance is significant to identify and curb the corporate frauds that result from governance failure; to ensure the long-term sustainability of the corporation by complying with the legal and regulatory framework; to develop the globally accepted principles of corporate governance and to understand how the corporate governance promotes and enhances the four core pillars say, transparency, accountability, responsibility and fairness in the corporate world.

In recent times, corporate frauds have been snowballing in the corporate world mainly due to poor corporate governance. The reporting and publication of such frauds are taking an enormous amount of time to be thrust into the limelight. It is mainly due to the fact that those committing such frauds are well-equipped with the knowledge of exploiting the legal loopholes to their advantage and using advanced technologies to commit such corporate scams and evade dire consequences. Eventually, the interests of the stakeholders, particularly the minority shareholders are at stake. Hence, it is advisable to enhance robust corporate governance by incorporating a proper code of conduct for the directors and executives and other employees of a corporation and there should be an independent ethical officer who can oversee the activities of the dominant shareholders and higher authorities and make them accountable for all their actions that are detrimental to the interests of the company and its stakeholders. Corporate frauds could be mitigated if there is a proper compliance mechanism by regulatory bodies and proper implementation of the standards of corporate governance.

Corporate democracy refers to the enjoyment of the rights and privileges available to the shareholders of a company at all times and in an unbiased manner. In a practical scenario, the dominant shareholders may marginalize the minority shareholders since the former can make decisions that are detrimental to the best interests of the minority shareholders. Hence, regardless of the share volume, the minority shareholders should be treated equally i.e. they must be permitted at liberty to participate in the meetings and influence the decisions made by the Board of Directors in the corporation. The management must carry out its activities by bearing in mind the welfare of the shareholders. Sound corporate governance is quintessential in developing added value to the stakeholders as it guarantees transparency which in turn ensures robust and stable economic development. It further safeguards the interests of all stakeholders including the rights of the minority shareholders. It ensures that every shareholder can exercise their rights subject to the legal provisions and that their rights are fully recognised by the corporation. Promotion and maintenance of corporate democracy retain the existing shareholders by gaining their confidence, trust and loyalty towards the company and attract more investments to the business that paves the way for the long survival of the company in the market with intact goodwill.

As the real estate sector faces increased scrutiny from evolving regulations and ethical concerns, lawyers play a vital role in upholding compliance and ethical standards. This paper examines the diverse responsibilities of Lawyers and compliance officers within the industry, highlighting their essential contributions to navigating complex legal landscapes and managing risks tied to non-compliance. Utilizing a mixed-methods approach, the research combines qualitative interviews with stakeholders—such as real estate agents, developers, and legal experts—with quantitative analysis of compliance metrics across various jurisdictions. Key findings indicate that lawyers are not only crucial for interpreting and enforcing regulations but also act as ethical stewards, promoting transparency and accountability in real estate transactions. The study uncovers significant challenges faced by legal practitioners, including the need to stay current with rapidly evolving laws, adapt to technological advancements, and uphold ethical integrity in a competitive environment. Additionally, the research emphasizes the importance of continuous education and collaboration among legal experts to adapt effectively to the dynamic regulatory landscape. The paper concludes with recommendations for enhancing compliance frameworks and fostering a culture of integrity in the industry. Suggested strategies include implementing robust training programs, developing best practices for ethical decision-making, and building stronger networks for lawyers to exchange insights and resources. By addressing these areas, this research underscores the pivotal role of lawyers in shaping a more compliant and ethically responsible real estate sector, benefiting all stakeholders involved and calling for an active role in upholding ethical standards.

Arbitration is a process of alternate dispute redressal wherein the parties choose to have their disputes resolved by an arbitrator instead of approaching courts. It results in a private, binding and legally enforceable arbitral award. In India, the Arbitration and Conciliation Act, 1996, a composite piece of legislation, based on the 1985 UNICITRAL Model Law on International Commercial Arbitration and the UNCITRAL Arbitration Rules 1976, governs arbitration. It includes provisions for domestic arbitration, international commercial arbitration, enforcement of foreign award and conciliation. In the insolvency space, India introduced a paradigm shifting change in 2016 through the enactment of the Insolvency and Bankruptcy Code 2016. The Code was introduced to 'consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons in a time bound manner for maximisation of value of assets of such persons to promote entrepreneurship, available of credit and balance the interest of all the stakeholders.' The relationship between Insolvency and Arbitration is one of clear and fundamental contrasts. By its very nature insolvency law seeks to give its proceedings in rem effect by centralising all the proceedings against a debtor to one jurisdiction thereby resolving the insolvency collectively and comprehensively. On the other hand, arbitration heavily promotes party autonomy. It gives rise to in personam proceedings and decentralised proceedings. While arbitration proceedings are barred by operation of S.14 of the Code which deals with moratorium imposed when the insolvency resolution process is underway, there have been cases wherein arbitration proceedings involving the financially stressed debtor have been allowed to continue. This intersection between arbitration and insolvency proceedings continues to evolve on a case-by-case basis. In light of this interplay, the aim of this article is to study the effect arbitral proceedings have on insolvency proceedings and vice versa. The author will identify issues arising due to the conflicting nature of insolvency and arbitration laws and discuss the existing legal framework and jurisprudence of the Indian courts with relation to it. Finally, the author will offer comments and suggestions to ensure consistency and predictability in the legal position.

Education is a key tool that offers knowledge, skill, technique, information and enables people to know their rights and duties to their family, society, and the nation. Ancient period in India it included everything from the sacred Vedas to archery, astronomy, and medicine etc. The entrance of the British Raj is a revolutionary period of educational system in India. Western education was largely intended to develop a class of English-speaking workers. In India lack of education leads to socio-economic problems. Hence the government and the judiciary played a vital role in developing the education as a right throughout the India. But sometimes the overreach of judiciary has impacted in the society in a positive and negative aspects. This article analyses some cases related to education policies and their impacts.

In both civil and criminal proceedings, expert witness plays a vital role to establish the fact and claims. Generally, experts are being called to give evidence as a witness in civil case or criminal case. Expert witnesses are those who are skilled on a specific field and when the court need opinion on that particular field to clear the doubts, they are being called to give testimony before the court. Expert witnesses are being called on the basis of the discretion of the court. The expert's opinion must be corroborated by the relevant case's facts and circumstances. The Evidence Act, 1872 does not specify a minimum level of education, training, or experience required to be referred to as an expert. Experts may be called witnesses, but they may not draw conclusions because it is the role of the judge. The main objective of this research is to understand how important the opinions of the expert witness in judicial decision making. After completing this research, the author finds that, the definition of expert witness is very much narrow which need to be broader. And lastly, there should be a mandatory obligation on the calling of expert.

This research paper explores the difference between shareholder primacy and stakeholder approaches within Indian corporate governance, exploring the challenges directors face in reconciling these paradigms. The shareholder primacy model prioritizes maximizing shareholder wealth, a core tenet of global governance frameworks. In contrast, the stakeholder approach supports for broader fiduciary duties, urging directors to consider diverse interests such as employees, customers, suppliers, communities, and environmental concerns. India’s corporate governance, shaped by the Companies Act, 2013, SEBI regulations, and a mix of promoter-driven firms and independent directors, complicates this balance. Directors must navigate shareholder activism, short-term profit pressures, and stakeholder considerations, influenced further by cultural and structural factors like family-owned business dominance. Comparative insights from governance models in the U.S., UK, Germany, Japan, France, and South Africa reveal varying strategies to balance these interests, from the shareholder-centric U.S. approach to stakeholder-oriented models in Germany and South Africa. This paper provides a hybrid governance model for India, inferring on international best practices to foster balanced, sustainable, and inclusive governance. Recommendations emphasize regulatory reforms, and improved board practices to help directors effectively serve both shareholders and stakeholders.

Whether the liabilities under the violation of contractual terms and conditions have certain limitational boundaries in terms of issuing the compensation to other parties at cost of default? The doctrine of frustration is product of judicial imperatives through the process of innovative approach to read lines and purpose of contractual relations. Whether the doctrine itself is rejected in modern commercial or contractual relations are largely based on growing tendencies at the international level where these impossibilities to performance by parties are materially substantiated. How to construe the doctrine of impossibility to performance and doctrine of frustration together is also challenging job seen as part of the contractual relations? The entire paradigm of practice of contract is developed based on judicial imperatives and also various narratives as in form of principles and doctrine are evolved through judicious mind considering the particular events. The traditional minds on reading the lines and words like party’s autonomy, choices, conflict, etc are not seen in standards parts of the contract so that whether these doctrine are still in relevant and need is justified in this paper.

This research paper critically examines the complex interplay between India's ambitious renewable energy targets and the imperative of wildlife conservation, focusing on the impact of solar and wind energy projects on biodiversity. Employing a mixed-methods approach, the study analyzes current regulations, policies, and case studies, highlighting the challenges and opportunities in balancing clean energy development with ecological preservation. The paper discusses the lack of a comprehensive framework for assessing the environmental and biodiversity impacts of renewable energy projects in India, drawing comparisons with international best practices. The study concludes with actionable recommendations for policymakers, emphasizing the need for a holistic approach that integrates environmental, social, and economic considerations in the planning and implementation of renewable energy projects.

Dr. B. R. Ambedkar, a well-known figure in Indian politics, had unique ideas that intersected with major political ideologies like Liberalism and Marxism. However, he also developed his own distinct perspective. He emphasized the fact that societal values and moral conduct were more significant than mere political regulations. According to Ambedkar, democracy should aim to ensure equality and freedom for all individuals. He didn't view democracy solely as a system of governance but as a framework for organizing how people interact within society. Ambedkar stressed that the standard of interpersonal interactions within the community should be reflected in the democracy. He believed that democracy should empower everyone to enjoy freedom, equality, and mutual respect. Moreover, he argued that democracy should serve both as an ideal to strive for and as a means to achieve it. This implies that democracy should not only guarantee individual liberties and equality but also foster fairness and compassion in society. In a different way, Ambedkar believed the primary objective of democracy should be on how people interact with one another in the community, making sure that everyone is treated equally and given the right to live as they choose. In line with the principles of democracy, his philosophy emphasized the significance of social peace and justice. As a result, Ambedkar's idea of democracy includes social structure and ethics in addition to the administration of politics.

The right to life is the most fundamental human right, and it applies equally to newborn babies. In India, there are a number of legal safeguards that protect the right to life of newborn babies, including Article 21 of the Constitution of India and the Juvenile Justice (Care and Protection of Children) Act, 2015. The Supreme Court of India has also recognized the right to life of newborn babies in a number of cases. Despite the legal safeguards and court decisions, there are still a number of instances where the right to life of newborn babies is violated. Some of the most common violations include infanticide, neonatal neglect, and abandonment. The government and civil society people organizations need to work together to create a safe and healthy environment for all newborn babies in India. This can be done by raising awareness of the rights of newborn babies, providing support to families with newborn babies, and ensuring that the law is enforced effectively.

The company's own legal identity is the main benefit of incorporation, from which all other benefits stem. However, the legal person's activities are always carried out for their personal gain and by a small group of individuals. "While, by fiction of law, a corporation is a distinct entity, in actuality it is an association of individuals who are in fact the beneficial owners of all the corporate property," the final decision states, indicating that some individuals are the true beneficiaries of the corporate advantages. The concept of a unique legal entity is not infallible; under certain conditions, the curtain may be raised, and this concept has emerged to address a number of issues with company law. In actuality, the cornerstone of corporate entity theory serves as the framework for all business law. There are numerous instances where courts have effectively lifted the corporate veil.

This article examines India’s juvenile justice system from a socio-legal perspective, focusing on its legal framework, socio-economic factors influencing juvenile delinquency and the effectiveness of rehabilitation programs in reducing recidivism. It also assesses legal provisions, policies, and community-based interventions to balance punitive and rehabilitative approaches.

The right to dignity stands as a cornerstone of human rights, embodying the inherent worth of every individual. This article explores the concept of dignity, tracing its philosophical and ethical foundations as a universal value central to human identity. The discourse examines key international documents, including the Universal Declaration of Human Rights and Humanitarian law texts which affirms the right to dignity as a fundamental human entitlement. Special emphasis is given to the Indian perspective, where dignity is enshrined in the Constitution and upheld through judicial interpretations. The author further discusses the current issues faced by the Judiciary in upholding the dignity.

Human memory's intricacy can also be linked to the "Internet of things." Human life has been seen and documented by the developing digital realm throughout its history. The peril of the digital past is a current concern for internet users worldwide because of the internet's vast accessibility and perpetual memory. The idea that everything should be remembered but nothing should be erased has sparked a contemporary discussion about the "Right to be Forgotten" (RTBF) in digital space. As a result, RTBF gives a person the ability to manage who can access his information on the internet. However, the laws that have just been passed in India have very little control over information and data, and the RTBF concept is still foreign. The RTBF's importance in Indian domestic law is thus hypothesized in this study. The purpose of the paper is to demonstrate the need for and implications of acknowledging these social forgetfulness rights in cyberspace.

This article attempts to undertake a comprehensive study of the historical and contemporary political dynamics of the State of Maharashtra, which is India's third-largest state by land area and is also the second-most populous State, the State has a distinctive bicameral legislative structure comprising the Maharashtra Vidhan Sabha and Vidhan Parishad. Alongside only a handful of states, Maharashtra's political landscape is characterized by a unique blend of established National political parties like the Indian National Congress, the Bharatiya Janata Party (BJP) and influential regional factions such as the Shiv Sena and the Nationalist Congress Party (NCP). This political position in the State fuels a dynamic and often tumultuous political environment, underscored by historical instances of violence and a pervasive influence of dynastic politics. The political landscape of Maharashtra is notably volatile, evidenced by the fact that to-date, only two individuals have managed to complete their terms as Chief Minister. Another notable characteristic of the state's governance is its coalition politics, wherein attaining an absolute majority for any single party proves challenging due to diverse underlying factors. Recent developments, including intra-party rifts within Shiv Sena and the Nationalist Congress Party, culminated in a landmark legal battle that reached the Supreme Court of India. This case stirred significant interest not only within the legal fraternity but also among the common people due to its unprecedented complexity. This article explores Maharashtra's intricate political dynamics, examining how legal mechanisms are manipulated to serve political interests, thereby reflecting on broader implications for governance and democratic norms in the region.

International Law as a unique discipline of Global coherence and cooperation has been taking stronghold through countries generally referred to as “Third World Countries”. However, this perpetuates the idea of “First” and “Second” World Countries which leads to an approach to international law from a perspective of Countries of power rather than of Peace and Security of the global community. This paper is an attempt to understand the underpinning of such an approach and provide an insight into the pragmatic perspective taken by stakeholders of global south such as the African Union, Countries of Latin American and Emerging global powers such as India, Brazil, South Africa etc. and the normative approach to international law as such. In this paper the author attempts to consolidate the major security concerns of various countries in the wake of a “new world order” in relation to “Global Commons” and various approaches pertaining to addressing said concerns individually as a country and as a Global community of States. Emphasis is placed on trade, based on the assumption that trade was, is and will be a viable strategy, to address such security and environmental concerns. The research methodology applied is Doctrinal Research. The data used for this paper are Secondary and Tertiary data.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, addresses the serious issue of sexual harassment in Indian workplaces. Previously, women relied on provisions under the Indian Penal Code, such as Sections 354 and 509, which focused on criminal assault and insulting a woman’s modesty. Following the landmark Vishaka Judgment in 1997, the Supreme Court defined sexual harassment, guiding the Act’s development. Under the Act, sexual harassment includes unwanted conduct of a sexual nature, whether physical, verbal, or non-verbal. It covers behaviors like physical advances, demands for sexual favors, sexually colored remarks, and showing pornography. The Act mandates the establishment of Internal Committees within workplaces to handle complaints confidentially and promptly. This law is a significant step in creating safer workplaces and reflects India’s commitment to protecting women’s rights in professional settings.

There is no doubt that medical work is a noble one as it deals with the lives of human beings, regarded as having the highest value among all things. Ensuring a patient’s safety during treatment is the top most priority of the medical practitioner / healthcare provider. It is significant to note that human error is common and medical practitioners / healthcare providers are not immune from this rule. Not always, but there is a chance of making a mistake in situations being faced by the medical practitioners / healthcare providers. It is believed that medical practitioners / healthcare providers carry out their duties with due diligence, knowledge, skill and prudence since failing to do so constitutes medical negligence. In the current scenario, medical negligence cases are increasing day by day, whatever be the reasons, but the ultimate sufferers are the innocent persons who consult medical practitioners / healthcare providers with a firm belief of getting appropriate treatment of their health problems. This article explains the challenges in proving medical negligence and the legal remedies available for the patients or their legal representatives against the medical facilities (government hospitals, private hospitals, dispensaries, pathological and diagnostic centres and pharmacy) and the medical practitioner / healthcare provider for committing medical negligence. There are various laws like The Consumer Protection Act, 1986 as amended by The Consumer Protection Act 2019, The Bharatiya Nyaya Sanhita, 2023 and The Bharatiya Nagarik Suraksha Sanhita, 2023 under which, the aggrieved patients or the relatives and the relatives of the deceased patient can get their grievances redressed.

A woman in the contemporary world is susceptible to discrimination and violence. Discrimination coupled with violence are behavioural pattern which albeit is unavoidable but can be controlled by stringent and deterrent measures. Though half of the world's population comprises of women, still they suffer, inter alia the turmoil of domestic violence. Merciless beatings, shoving, battering, hurling of abuses and other physical as well as sexual violence against women transmogrified into ubiquitous regular behavioural pattern in the society which hardly leave any remorseful impact on the society. In Kundula Bala Subrahmanayam v. State of Andhra Pradesh , the Supreme Court adverted its very concern about the women harassment and torture. It is held that, of late there had been an alarming increase in case relating to harassment, torture, abetment of suicide and dowry deaths of young innocent brides. Considering furore for protection of women and amid judicial activism, The Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act) has been enacted. The ambit of the Act is very wide and the Courts of Magistracy are conferred with the pivotal task for safeguarding the interests of women victims of Domestic Violence. A very wide discretion is vested with the Magistrate to decide the cases under the Act. There are procedural lacunae under the Act which impedes the quick remedies under the Act.

Euthanasia, a fundamental right of individuals seeking relief from incurable conditions or persistent vegetative states, encompasses various practices aimed at painlessly ending life. Originating in ancient Greece and Rome, and later refined by Francis Bacon's philosophical work in the 18th century, this article traces its evolution to contemporary applications. The study examines seven distinct categories: active, passive, indirect, physician-assisted, voluntary, involuntary, and non-voluntary, each presenting unique ethical and legal considerations. While voluntary euthanasia has gained legal recognition in regions like Europe and Canada, the practice requires careful state regulation to prevent misuse. The legal framework must balance individual autonomy with societal protection, ensuring decisions are made free from coercion and with informed consent. States establish specific guidelines and continuously review protocols to safeguard both patient rights and system integrity. Healthcare professionals' proper training and ethical conduct remain crucial in maintaining the delicate balance between compassionate end-of-life care and prevention of potential abuse. This article reveals how the concept continues to evolve, shaped by changing societal attitudes toward death, dignity, and personal liberty in medical decision-making.

Areas occupied by indigenous people have gained attention during the recent era due to the growing interest in natural resources and rich nature of the soils and environment in which they find themselves. In order to bring development in these areas, the government is bound to violate some of their rights which leads to the detachment from their cultures and environment which they are have so much affinity to. However, some challenges such as little or no benefit in terms of exploitation of natural resources, loss of habitats, custom and traditions and the non-rehabilitation of sites after use and many others serve as a hindrance to full enjoyment of their rights.

Judicial activism is the practice of using the courts authority to examine state actions. According to article 32 and article 226 of the Indian constitution, the higher judiciary has the power to consider any legislative, executive, or administrative actions as unconstitutional and void if it does so, judicial activism sets out of balances and control the other branches of the government. It accentuates required innovation by way of a solution. In cases where the law fails to establish a balance, judicial activism allows judges to use their personal judgement. In Judicial activism, the judges are required to use their power to correct any injustice especially when the other constitutional bodies are not acting. Judicial restraint is limiting the powers of the judges to strike down a law. The apex court began to examine the judicial and structural views of the constitution in the 1970’s. the first time the Indian judiciary showed instances of judicial activism was in the case of Keshavananda Bharti v. State of Kerala. It is a case that took place right before the declaration of the emergency. Judicial activism works in a manner such that the courts, subsequent to listening to both the sides, advance from their traditional position of decisiveness to the place of legislature and develop new legislation, new policies, and new rules. The first crucial case performing to judicial intervention through social action litigation was the Bihar courts “Hussain Khatoon v. State of Bihar” case. Taking a look at the after emergency legal action, it is evident that the supreme court has excelled and transcended legal positivism. It is time and again considered that the commencement of judicial activism is attributed to the development of public litigation and accompanying modernization of the “Locus Standi” rule.

Public service refers to all those actions that are aimed for the welfare of the public at large. In India, the public services are popularly known as the civil services. It acts as an important institution for managing the governance of the country. The services have from time to time proved as to why it is known as the ‘steel frame’ of India. Public services play a critical role in day-to-day functioning of the nation. They are part of the ‘executive’ segment of the state and have been tasked with the responsibility to act as a link between the people and the government. Various schemes, programmes, policies of the government are percolated to the masses through them. It would not be an exaggeration to state that one of the reasons that the Union of India has the stood test of time and overcame plethora of challenges has been because of its efficient public services. The services have been instituted to ease out the administrative challenges that may fall upon the functioning of the nation. However, this does not make the institution immune from challenges in itself. There exist certain challenges that are faced by public services in India. These range from institutional challenges such as pertaining to nature of services to challenges associated with the federal structure in itself such as linkage between the central and state public services. This paper attempts to highlight the role of public services in functioning of India and how it helps in overall development of the nation and also simultaneously putting forward the various issues that are faced them. Further, the paper would also put forward certain possible solutions to these challenges that can assist in reducing them and make public services in India more efficient.

The research critically explores the interference with animals' rights due to their confinement in zoos, with a special focus on Chennai. This topic was chosen due to the ethical dilemma of balancing wildlife conservation and public education with the rights and welfare of animals in captivity. The study aims to assess the impact of caging on animals' physical and psychological well-being, analyse the effectiveness of legal frameworks like the Wildlife Protection Act and Central Zoo Authority guidelines, and compare practices in Chennai’s zoos with global standards. Employing an empirical methodology, the research gathers primary data through surveys and interviews with zoo officials, visitors, and animal welfare activists, complemented by secondary data from legislative and policy reviews. Key findings reveal that while Chennai's zoos have made strides in conservation and education, challenges persist, such as inadequate infrastructure, limited enrichment opportunities, and insufficient public awareness of animal rights. The study highlights a disconnect between policy intentions and ground-level implementation. The conclusion underscores the need for ethical reforms, enhanced public engagement, and stricter enforcement of welfare standards. By addressing these gaps, the research advocates a balanced approach that aligns conservation goals with the humane treatment of animals, fostering a compassionate and informed society.

This research critically analyzes the carrier's liability under international carriage of goods by sea, focusing on the Rotterdam Rules and their implications for global shipping laws. The study explores the evolution of maritime conventions, including the Hague, Hague-Visby, and Hamburg Rules, and highlights the challenges of achieving uniformity in a fragmented legal landscape. The paper examines the basis of liability, burden of proof, and the carrier's obligations, emphasizing the significant yet evolutionary changes introduced by the Rotterdam Rules. Special attention is given to provisions such as Article 17, which redefines the distribution of liabilities and the carrier's responsibilities for multimodal transportation. This work also evaluates controversial aspects like the removal of the "nautical fault" exception and its impact on modern shipping practices. Through a doctrinal methodology, the study contributes to understanding the advancements and limitations of the Rotterdam Rules while assessing their potential to become the dominant international liability system.

Live-in relationships have emerged as a significant societal phenomenon in contemporary India, challenging traditional notions of marriage and family structures. This article explores the evolving trends of live-in relationships in Indian society and delves into the perspectives offered by Hinduism and other major religions practiced in the country. Historically, India has been known for its conservative attitudes towards relationships, with arranged marriage being the prevalent norm. However, globalization, urbanization, and changing social norms have led to a gradual acceptance of alternative relationship models, including live-in arrangements. Empirical studies indicate a growing prevalence of live-in relationships, particularly among urban, educated youth, reflecting a shift towards more individualistic values and personal autonomy. Within the context of Hinduism, the predominant religion in India, diverse perspectives exist regarding relationships and marriage. While traditional Hindu scriptures uphold the sanctity of marriage as a sacrament, they also acknowledge the concept of "gandharva vivaha" or informal unions based on mutual consent. Modern Hindu thinkers interpret these scriptures to advocate for the freedom of individuals to choose their partners and relationship structures, including live-in arrangements, as long as they uphold principles of righteousness and mutual respect. Other religious frameworks present in India, such as Islam, Christianity, Sikhism, and Buddhism, offer varying perspectives on live-in relationships. While some adhere to conservative values emphasizing marital sanctity, others adopt more liberal interpretations that prioritize love, companionship, and consent. Understanding these diverse viewpoints is essential for fostering dialogue and promoting social cohesion in a multicultural society like India. The legal status of live-in relationships in India has undergone significant evolution, with courts recognizing the rights and obligations of cohabiting partners in recent years. However, the absence of specific legislation governing such unions has resulted in ambiguity and disparities in legal protection, particularly concerning property rights, inheritance, and social security benefits. The rise of live-in relationships has implications for various aspects of Indian society, including family dynamics, gender roles, and generational conflicts. While proponents argue that such arrangements promote individual autonomy, equality, and emotional fulfillment, critics express concerns about moral values, social stability, and the well-being of children raised in non-traditional households. live-in relationships represent a complex and multifaceted phenomenon in Indian society, reflecting broader shifts in cultural norms, individual aspirations, and legal frameworks. By examining the societal trends and religious perspectives surrounding this issue, we gain insights into the challenges and opportunities for fostering inclusivity, diversity, and mutual respect in the fabric of Indian social life. Embracing dialogue, empathy, and ethical engagement is essential for navigating the evolving dynamics of relationships in a rapidly changing world.

This sociological review looks into the effects of orphanhood in late adulthood. It examines how some orphans overcome obstacles as they grow up and some do not. Orphanhood is the state of a child without parental care, and it usually comes with emotional, social, and psychological consequences that are dependent on the individual for most if not all of his/her life. A more specific case is with children in institutions, who by virtue of the institution receive a certain level of protection and support. As these children reach 18 years, there are very few studies that have focused on how they manage on their own after the system. The research used includes interviews conducted with an array of respondents including – orphans, social workers, lawyers and policy makers to explain how orphaned children cope after leaving the children’s home and the challenges that they face. For instance, it elaborates on the protective measures available for orphans including the Convention on the Rights of the Child, and seeks to evaluate the adequacy of the aftercare regimes for orphans transiting to adulthood. Factors that encourage resilience such as education, emotional attachment and being part of a community have been explored while relevant barriers such as uneducated, unemployment and lack of long-term solicitors. The results point out that while the orphans have the strength and courage to tackle problems, structural challenges and social support systems in place do not cater for their requirements easily when they become adults. This study calls for aftercare services to be intensified, the law to be made more favourable to the orphans, and better programmes that take care of orphans above eighteen years to be designed effectively.

The growing influence of shadow banking in global financial markets presents significant challenges, primarily due to its regulatory opacity and the associated risks it poses to the economy. Shadow banking refers to financial activities conducted by non-bank financial institutions that are not subject to the same regulatory oversight as traditional banks. These activities, while contributing to economic growth, also create vulnerabilities in the financial system, particularly through the practice of regulatory arbitrage. Regulatory arbitrage allows financial institutions to exploit regulatory loopholes, circumventing traditional banking regulations and increasing their exposure to systemic risks. This paper delves into the complex legal landscape of shadow banking, focusing on the dynamics of regulatory arbitrage and its potential implications for financial stability. It critically examines the evolving regulatory frameworks across various jurisdictions and offers policy recommendations to mitigate the risks posed by shadow banking. By proposing strategies for better oversight, transparency, and international cooperation, this paper seeks to outline pathways for addressing the legal and economic challenges of shadow banking while ensuring the resilience of the global financial system.

Loot boxes, random reward mechanisms in video games, have sparked extensive legal debate due to their resemblance to gambling, especially as they often involve real-money transactions. This article explores loot boxes' legal, psychological, and ethical challenges, with a focus on India’s regulatory landscape. By comparing regulatory frameworks from nations like Belgium, China, and the UK, the study highlights potential pathways for India to adopt a balanced regulatory approach, ensuring protection, especially for minors, while supporting the gaming industry's growth. The article concludes by recommending a unified, centralized legal framework that leverages blockchain to enforce transparency and fair practices in online gaming. Moreover, the article examines the case of India and suggests a legal while encouraging responsible development of the gaming industry.

The objective for GCC countries is to establish a leading position in global trade. Historically, the Middle East has been renowned for its substantial oil reserves, which are a critical resource beneath its soil. Given the limited natural resources in the region, the GCC countries have developed robust systems for import and export within the Gulf Cooperation Council. Each member state operates under a framework of common customs laws that governs the trade of restricted, banned, and permitted goods, with appropriate justifications provided. The UAE, serving as a model for other developing nations, exemplifies the application of these customs regulations. As of 2020, the UAE ranked seventh globally in terms of migrant population, with approximately 8.7 million residents. The inherent imperfections in the administration and control of the country have provided opportunities for individuals with criminal intent to exploit vulnerabilities in the system and evade justice. The paper provides an in-depth analysis of the stages and regulations involved in the importation and exportation processes, detailing the associated customs procedures. It also explores the development of a Common Customs Law and its regulations, highlighting how such frameworks can be adapted by developing countries. Additionally, the paper examines historical cases from the UAE to illustrate the practical application of these regulation.

Obesity or overweight is a serious health issue and a major cause that leads to many life-threatening disease. Obesity weakens our psychological conditions and leads to underconfident. Obesity has been rising for last few years at global level. It has been observed from various research and surveys that overweighted people usually have weak immunity against disease, generally fall ill easily than a normal person. From 1990 to 2022, the percentage of children and adolescents aged 5–19 years living with obesity increased four-fold from 2% to 8% globally, while the percentage of adults 18 years of age and older living with obesity more than doubled from 7% to 16%. The main objective of this research is to elaborate the impacts of obesity and how to resolve this global crisis. We need to resolve this crisis as a community only then we can reduce its rate by 2030. The International Conference on Obesity (ICO) was established in 1974 and its main aim to control the obesity at global level and spread awareness at large scale.

Mizoram’s proximity to the notorious Golden Triangle—comprising Thailand, Laos, and Myanmar, known for its production and distribution of heroin—makes it especially vulnerable to drug use. Drug abuse has been on the rise for a long time in Mizoram despite the presence of anti-narcotic policies and task forces aimed at combating the issue. However, since the reasons behind opioid use, particularly among teenagers, are varied and complex, a more nuanced approach might be necessary to address this widespread problem effectively. Substance abuse in Mizoram is driven by a combination of social, ancestral, psychological, and societal factors. The main psychological triggers include curiosity, the pursuit of pleasure, life dissatisfaction, frustration, anxiety, and acts of rebellion against parental authority. Social and cultural influences play a significant role as well; addicts frequently point to peer pressure, trends, media influence, and the lack of parental care or presence, alongside family disruptions, as major contributing factors. Additionally, many see drug use as a fashion statement, further normalizing the habit in certain circles.

Cross-border mergers are the amalgamation of two businesses with distinct physical headquarters to create a single organization. The primary goals of mergers are to increase shareholder value, lower operating costs, expand the market, and maximize profits. Inbound and outbound cross-border mergers are subject to different regulatory restrictions under the Companies Act of 2013 and FEMA regulations. Inbound mergers: Compliance with FEMA's stance on foreign security issuance and borrowing is necessary for foreign businesses merging into Indian companies. Indian entities are permitted to purchase foreign securities under the Liberalized Remittance Scheme, even in the presence of asset and liability management intervals.The RBI's regulatory control ensures that they adhere to FDI caps, borrowing guidelines, and valuation standards. Merger procedures have been made simpler by the Companies Act of 2013, in addition to SEBI, the Competition Act, and the Income Tax Act. Companies must conduct thorough due diligence and comprehend the operational, legal, and financial responsibilities that contribute to integration and success after a merger.Market diversification, operational effectiveness, technology adoption, and enhanced financial performance are some further advantages of cross-border mergers. Certain hazards are increased by institutional complexity brought about by cultural settings, legal protections, and regulatory frameworks. Strong governance procedures and efficient management can reduce these risks and guarantee market leadership and value creation.International valuation standards, NCLT permission, and legal framework adherence are necessary for cross-border mergers in India in order to ensure transparency and conformity with international norms. The process is facilitated and India's entry into the global economy is encouraged by the adoption of the RBI's considered approval approach and specific compliance schedules. In the end, cross-border acquisitions are a strategic instrument for expansion that permits businesses to take advantage of synergies, negotiate regulatory differences, and gain a competitive advantage in global markets.

The impact of corporate law on crisis management is a vital area of study, especially given the frequent financial and economic challenges faced by businesses in today's volatile market environment. Corporate law establishes the legal framework within which companies operate, influencing their governance, decision-making processes, and interactions with stakeholders. This paper delves into the intricate relationship between corporate law and crisis management, emphasizing the role that effective legal frameworks play in guiding corporations through periods of turmoil. Firstly, the paper examines the importance of corporate governance during financial crises, highlighting how robust governance structures can ensure transparency, accountability, and informed decision-making. The role of the board of directors and executive management becomes particularly critical as they navigate complex challenges, maintain stakeholder trust, and align their strategies with long-term organizational goals. Secondly, the paper explores legal frameworks for corporate insolvency and restructuring, which are essential for companies that find themselves in financial distress. These frameworks offer mechanisms for orderly debt management, allowing businesses to reorganize and potentially emerge stronger post-crisis. The paper assesses how effective insolvency laws can impact not just the affected corporations but also their employees, creditors, and the broader economy. The analysis extends to government intervention, focusing on how corporate law shapes the conditions under which governments provide financial assistance to struggling companies. The paper discusses the implications of bailouts and loans, particularly regarding corporate accountability and governance practices, raising questions about the balance between providing necessary support and mitigating moral hazard. Finally, the paper addresses the need for post-crisis legal reforms, examining how insights gained from past crises can inform new regulations and enhance corporate governance practices. These reforms are essential for fostering a culture of preparedness and responsibility within corporations, promoting resilience against future economic challenges. Through an in-depth exploration of these dimensions, this paper aims to highlight the essential role of corporate law in enabling effective crisis management and fostering corporate sustainability. The findings underscore the importance of a cohesive and responsive legal framework that empowers companies to not only withstand but also navigate crises effectively. By emphasizing the interconnectedness of corporate governance, insolvency processes, government interventions, and regulatory reforms, this paper contributes to the ongoing discourse on the critical need for adaptive corporate legal structures that support both individual business success and broader economic stability. Ultimately, the insights presented here aim to inform policymakers, legal practitioners, and corporate leaders about the vital role that sound corporate law plays in mitigating the impacts of crises and promoting a resilient business ecosystem.

The rapid digitization of India, driven by the Digital India initiative, has created opportunities and challenges, particularly regarding disaster management. Addressing the risks and vulnerabilities inherent in this digital landscape is essential as the nation becomes increasingly interconnected. This paper explores the concept of cyber-legal infrastructure as a vital component of disaster management for Digital India, focusing on safeguarding critical digital assets and ensuring service continuity during cyber-related emergencies. It examines the existing legal framework, identifies gaps, and proposes a comprehensive strategy to fortify India's preparedness for cyber-related emergencies and disasters, pivotal to its socio-economic stability. This paper reveals significant gaps in integrating cybersecurity measures within the current disaster management framework, highlighting vulnerabilities that could lead to widespread disruption during a cyberattack. The findings suggest that a more cohesive and adaptive cyber-legal infrastructure is essential for mitigating these risks. This research underscores the importance of continuous research into emerging cyber threats, regular updates to legal frameworks, and the creation of specialized agencies dedicated to managing cyber disasters, as ongoing vigilance is crucial for maintaining cyber resilience. This research paves the way for a new approach to disaster management, recognizing cyber resilience as a cornerstone of national security and public safety in Digital India.

Since marry wall stone craft's seminal work - A vindication of the rights of women (1792), there has been almost centuries of the evolution of the rights women. The world has witnessed social, economic and legislative reforms around these rights. They are asserting their right to shape their life from within and not to have it shaped for them. Fortunately, the philosophy that a woman being equal is well recognized widely understood and also practically accepted. Still, there exist lack of knowledge how women gained the existing rights. Large number of concerns about the women's evolving personality and incidental claims are being countered at various levels. More participation of women themselves along with various activists is bringing transformation in this area. Some of the issues have indeed been settled, others not yet. The historical development of their right is the main focus of this work. The core of the paper may be summed up in the words of Vance Thomson in woman (1917) - "Whether you like it or not woman is the paladin, enormous and strong, of the ideals of tomorrow. She is the future; she is the future home; she is the future state - for she is in the majority both in numbers and common sense and she has withal a kind of civic integrity, which may be unscrupulous, but which makes nevertheless for victory."

Change is growth. The work economy as we know it has gone through tremendous change due to technological advancements. The traditional employment classifications are challenged on an intrinsic level by the emergence of gig economy. With this new model of work system, there are pivotal economic and legal issues between workers right and emerging business models. It becomes pertinent to examine the legal, economic and social implications of giving gig workers their due recognition as employees, keeping special focus on overtime compensation and eligibility for other benefits. This generation of work-force is more focused on having a work life balance and the flexibility to work on their own terms. This need for independence is completed by gig economy through temporary work like food delivery, freelancers and contractors, etc. currently comprising of 15% of the total workforce in India. After the revolution brought about by Jio, with the increase in affordable Smartphone technology and internet access, platform based work has been on a steady rise in the diverse workforce in India. Gig economy is expected to grow up to 23.5 million workers by 202-30. Since this economy is tremendously growing this unorganized sector needs intervention. The Code on Social Security, 2020 is the first Indian legislation to formally give recognition to “gig workers” and “platform workers”. The study seeks to understand the relationship between the legal,, social and economic implications of gig worker classification and the subsequent challenges in including them into the formal traditional labor protections.

This comprehensive article focus into the emerging concept of internet access as a fundamental human right in the 21st century, examining its implications for global society, policy, and human rights frameworks. As the digital realm increasingly becomes intertwined with nearly every aspect of modern life, from education and healthcare to civic engagement and economic opportunity, the lack of internet access has emerged as a critical factor in perpetuating and exacerbating social and economic inequalities worldwide. The article begins by tracing the evolution of internet access from a luxury to a necessity, highlighting its pivotal role in facilitating access to information, communication, and essential services. It then explores the growing international recognition of internet access as a human right, analyzing key declarations, resolutions, and legal precedents that have contributed to this shift in perspective. Central to the discussion is an in-depth examination of the multifaceted challenges that impede universal internet access, including infrastructure limitations, economic barriers, political restrictions, and digital literacy issues. The article presents a nuanced analysis of potential solutions, ranging from policy interventions and public-private partnerships to technological innovations and community-based initiatives. Furthermore, the article engages with critical perspectives and counterarguments to the notion of internet access as a human right, addressing concerns about resource allocation, state responsibilities, and the potential for misuse. It considers the balance between promoting access and ensuring online safety, privacy, and security. The article concludes by synthesizing these various threads, making a compelling case for why internet access should be enshrined as a basic human right in our increasingly interconnected world. It outlines the potential benefits of universal access for global development, democracy, and human potential, while also acknowledging the complexities and ongoing debates surrounding this issue. Providing a comprehensive examination of the right to internet access, this article contributes to the broader discourse on digital rights and offers valuable insights for policymakers, human rights advocates, and scholars grappling with the challenges and opportunities of the digital age.

The Indian Industrial Disputes Act of 1947 is the main topic of this article's thorough examination of economic coercion in the context of labor and industrial relations. The Act creates a legal framework for resolving labor disputes, encouraging goodwill among employers and workers, and controlling the use of various forms of economic coercion in negotiating processes. Strikes, lockouts, layoffs, retrenchments, closures, disciplinary measures, and domestic investigations are examples of tools used in economic coercion. Through these methods, parties engaged in labor conflicts can influence one another in order to get the results they want. The Act's provisions pertaining to major economic coercion mechanisms are described in full in this article. These mechanisms include lockouts (Section 2(1)), strikes (Section 2(q)), layoffs (Section 2(KKK)), retrenchments (Section 2(OO)), and closures (Section 2(cc)). It draws attention to the penalties for infractions, the effects of unfair labor practices, and steps including modifying employment terms (Section 9A) and prohibiting unfair labor practices (Sections 25T and 25U). The paper also stresses how crucial it is to follow natural justice principles while dealing with disciplinary measures and domestic investigations. In order to avoid being abused as a means of imposing economic pressure, it also addresses the "hire and fire" policy and its restrictions. In order to reduce illegal economic coercion, the article ends with a number of recommendations. These include boosting Act adherence, increasing open communication, developing cooperative work cultures, fortifying dispute resolution procedures, and making sure the Act is properly enforced.

Generation Z includes individuals born between the year 1995 to 2012. These individuals are experiencing a bad mental state and this is a sign of intense concern. The spike in mental health issues is a futuristic danger to mankind. This article emphasizes on the increasing mental health issues caused due to academic pressure, peer pressure, financial issues and social media. Mental health started deteriorating more after the covid-19 pandemic as people started experiencing isolation, emotional fragility and stress. These situations raise a serious concern regarding the long term mental and physical health of this generation. Now, it's high time and we need to take this issue seriously and find a rational and logical solution to this problem. The mental health resources should be put into use and the individuals should feel comfortable enough in expressing their issues. We also need to assess the situations and experiences Gen Z faces to understand their conditions better. This article calls for the development of strategies and resilience to face these pressing challenges.

The Coastal Regulation Zone (CRZ) regime in Indian is a policy response of enormous significance and importance in coastal management. To achieve the above objectives, this research analyzes CRZ notifications from the year 1991 to the year 2019 focusing on regulations, amendments etc. It analyses the bio-physical, legal, socio-economic consequences of CRZ policies which include issues of coastal ecosystems deterioration, clash of local economy, and lack of sufficient public participation. Using data derived from comparative assessments of coastal management systems in different countries, suggestions for better practices can be obtained. The research outcomes assert that achieving sustainable borders of India’s coasts should be based on balancing environmental regime with economical and communal benefits.

This paper piece analyses the centre-state relation of the federal structure of India based on the Constitution. Indian federalism, which has been referred to by scholars like K.C.Wheare as 'quasi-federal', is a style of having a highly centralised authority bureaucracy to cater for its massive diversity yet decentralising to foster unity. The structure regarding federal polity has its roots in colonialism, most evidently reflected in the Government of India Acts of 1919 and 1935, but during the constitution-making process needed to be developed a proper post-independence integration. Some of the most fundamental principles of the correspondent legislation and regulation are applicable at the constitutional level of Indian federalism regarding the legislative, administrative, and financial division of power. Some system dynamics have been influenced by judicial constructions at the federal level. Till recent judgements like Kesavananda Bharati and S.R. Bommai, federalism is the base of the constitution and also controls misuse of power like Article 356. Nevertheless, there are some difficulties now—fiscal gaps, the political use of emergency measures, and the governor’s questionable position. According to the document, they recommend a revamp of cooperative federalism; the recommendations include the constitutional provision of financial control to the states, the establishment of effective dialogue among states, and the involvement of the judiciary. It ends on the note of contractual dynamism required to sustain the federal balance in India while catering to sociopolitical and economic claims.

Well, we tend to sleep in a dynamic world of social media. Social media platforms allow us to share picture, videos and status updating revealing what's going on in our lives. They basically give us an opportunity to boast about ourselves. We want to look good and feel good about ourselves and show it to be the world. Research conducted at the Harvard University reveals that talking about ourselves makes us feel happy and high social media helps in rendering this affect. We post the best of pictures and talk highly about ourselves and our family on the social media. We try to show the amount of fun we are having in our lives. However, this is not it. We, then seek approval of others. We want to see as to how many people actually like what we are doing in life.

This article provides a detailed comparative analysis between Chapter 37 of the CrPC (1973) and Chapter 39 of BNSS (2023). Notably, BNSS (2023) introduces Section 530, allowing for trials and proceedings to be conducted electronically, reflecting a progressive shift towards modernizing legal practices. Additionally, the article discusses Section 530 under Chapter 39 of BNSS (2023) in detail. Furthermore, it examines relevant provisions in the CrPC (1973) Amendment Act of 2008, which permitted the use of audio-video electronic means in legal proceedings. Lastly, the article explores judicial perspectives on key sections under Chapter 37 of the CrPC (1973), offering insights into how courts have interpreted and applied its provisions.

In the last couple of years, the esports and gaming industry has seen to be carving out a place for themselves globally. The rising popularity of this sector has also led to it making a niche for itself in the financial world. This paper analyses the rapid growth of the esports industry while delving deep into the booming Indian esports industry. While the success/rise/growth of esports has crossed all leaps and bounds, it has inevitably been followed by disagreements and controversies. The rising disputes in the industry has gathered the concern of many, including, players, organisers and sponsors and hence, it is important to adopt a mechanism which can lead to effective resolution of such disputes. The paper explores the various conflicts that are likely to arise in the industry, given its unique nature. It further establishes the lack of expertise and insufficiency of traditional litigation systems in dealing with such issues. The disputes relating to esports and online gaming are often complex in nature, involving multiple jurisdictions. Finally, the paper proposes the various platforms that are available in the gaming and esports industry for resolution of disputes through alternative dispute resolution mechanisms.

The South China Sea has become a focal point of geopolitical tension, characterized by overlapping territorial claims, competing national interests, and strategic concerns. This abstract provides a succinct overview of the complex nature of the territorial disputes in the South China Sea, highlighting key historical, legal, and geopolitical dimensions. Old maps, customary fishing grounds, and historical claims are the origins of the territorial disputes in the South China Sea. Many countries claim sovereignty over islands, reefs, and waterways, including Brunei, Malaysia, China, Vietnam, the Philippines, and Taiwan. This has resulted in complex and overlapping territorial claims. The United Nations Convention on the Law of the Sea (UNCLOS) is the main international legal framework controlling maritime rights and obligations. However, the continued disputes in the South China Sea are exacerbated by divergent interpretations of UNCLOS clauses and the lack of a comprehensive regional accord. The South China Sea's strategic significance for commerce routes, access to essential resources, and military positions raise the geopolitical stakes. Significant world powers are involved in the conflict, affecting the region's dynamics and the balance of power, including the United States. The situation is further complicated by China's forceful actions in the disputed waters and its growing presence. . The situation is further complicated by China's forceful actions in the disputed waters and its growing presence. Several sovereign entities in the region, including Brunei, the People's Republic of China, Malaysia, the Philippines, and Vietnam, have island and marine claims in the South China Sea. According to the 2002 ASEAN-China Declaration on the Conduct of Parties in the South China Sea, the parties agree to refrain from actions that could intensify or aggravate the region's issues. China, Malaysia, the Philippines, and Vietnam have all carried out reclamation projects and built installations and structures on occupied features in the Spratly Islands, despite the fact that these actions would appear to violate this clause.

Internet and social media are characterizing features of present age wherein it is the aim of most of the countries to practice democracy and constitutionalism. Social media had begun its journey as a facilitator of constitutionalism by expanding the reach of civil and political rights to maximum number of people but it soon started degenerating into a menace. Social media has a mixed relationship with constitutionalism. It is vital for nations and the access to social media cannot be denied to people in today’s time. But the very same agent of constitutionalism is making it an arduous task for governments to ensure same rights to every citizen. It helps in keeping a check on the government but has erased all the limits which should be applicable on citizens as their duties. Constitutional principles and objectives have been under a strain in the age of social media as it threatens the moral and constitutional boundaries of the society. Thus, in the given context, this paper aims to throw light on how social media plays a dual role: a threat and facilitator to constitutionalism at the same time. The research would make an analysis with a perception to uphold constitutionalism within the parameters of social media. There will also be an attempt to suggest some remedies to minimize the shortcomings of social media platforms.

The Uttarakhand Uniform Civil Code (UCC) proposes to equate live-in relationships with marriage, marking a significant development in India's legal landscape. In a country where marriage is traditionally revered as a sacred institution, this proposal introduces a complex and controversial shift. This paper critically examines the social, legal, and cultural ramifications of equating live-in relationships with marriage, arguing that such a move oversimplifies these distinct unions and poses potential legal challenges. Historically, marriage in India has been deeply rooted in religious, cultural, and familial traditions, transcending a mere legal contract to represent a societal cornerstone. Live-in relationships, although gaining acceptance in urban areas due to modernization and judicial recognition, still face social stigma in much of India. The Supreme Court has acknowledged live-in relationships under specific conditions, emphasizing their legal distinction from marriage. However, Uttarakhand’s UCC proposal mandates the registration of all live-in relationships, a legal step that risks blurring the lines between these two forms of union. One of the key concerns is the infringement on personal autonomy, as the mandatory registration of live-in relationships may violate the right to privacy, previously upheld by the Supreme Court. By imposing state oversight, this law could undermine the freedom of individuals to define their own relationships. Moreover, the provision allowing only women to claim maintenance in live-in relationships raises issues of gender inequality, potentially reinforcing outdated gender roles and contravening constitutional guarantees of equality. Equating live-in relationships with marriage also risks extending controversial marital privileges and exceptions, such as the marital rape exemption, to live-in partners, which could have detrimental legal and ethical consequences. This conflation disregards the distinct nature of live-in relationships, which are often chosen to avoid the formalities of marriage.

Transfer of knowledge or diffusion of knowledge between institutions of one country or between two countries can be taken placed through various means. Among them, importing of high technology goods and services, foreign direct investment (FDI), and investing for selling and manufacturing of products and services of one country/institution to another country/institution by licensing agreements are more important factors. When technology or the knowledge associated with technology is transferred between two parties, it mainly happens as a “commercial” transaction. Although there are other methods of transfer of knowledge from the producer of knowledge to the receiver categorized as “non-commercial” (such as studying the newest technology through books, periodicals, research papers, patent documents etc.), there is a lacune of applying this knowledge in practical scenario. Therefore, there is a doubt of receiving benefits by both parties equally through such non-commercial means of transfer of knowledge. Generally, the transferor of knowledge expects economic benefits through the transaction, and the transferee will be benefitted by absorbing the newest technology for their economic development. One of the criticisms against the transfer of technology is that it still maintains its monopoly gaining more benefits to technology producer more than the technology receiver in the process of transferring technology to developing countries. This situation could happen in the market by abuse of dominant market position gained by the technology owner through various conditions and restrictions imposed by him via technology transfer agreements. The focus of this research is, to what extent licensing contracts, one means of technology transfer, and laws relating to competition can be used as a means of mitigating some ill-effects of monopoly of patent rights in order to secure fair rights of both technology producers and users in a public interest perspective. This research is based on black letter research methodology with having a comparative analysis of selected jurisdictions based on their developed and developing nature of the economy. In the research, the main focus is made on Sri Lankan licensing contracts on patent and competition law and it concludes identifying several positive features of law relating to licensing contracts which help to reduce dominant positions and emphasizing on the need of introducing a separate statutory law on competition in light of broadening foreign investment in Sri Lanka through licensing agreements and other ways.

In today's fast-paced world, prioritizing mental well-being is crucial for maintaining overall health and quality of life. Self-care has emerged as a vital component of mental wellness, enabling individuals to mitigate stress, anxiety, and depression. This paper explores the significance of self-care in promoting mental well-being, highlighting its benefits, strategies, and essential practices. By adopting self-care habits, individuals can enhance emotional resilience, improve mood regulation, and foster a positive mindset. Effective self-care interventions, including mindfulness, physical activity, and social connection, are examined. The importance of recognizing self-care as a preventive measure, rather than a reactive response, is emphasized. This research aims to raise awareness about the critical role self-care plays in maintaining mental well-being, encouraging individuals to prioritize their mental health.

A Judicial Magistrate First Class is a carte blanche authority under the Protection of Women from Domestic Violence, Act (herein for short, ‘the Act’). He being vested with greatest discretion for deciding the fate of application of an aggrieved person, is vested with unbridled powers to deal with application of such aggrieved person so that, justice can be manifestly achieved. It is ubiquitously conceded by luminaries of legal fraternity throughout India that, a Magistrate can adopt his own procedure while deciding application under the Act especially the main application on the basis of which reliefs are mainly structured. Similarly, he is empowered to adopt his own procedure in deciding exparte reliefs. The Act conversely incorporates a mandate which controls the discretion of Magistrate by unfolding that, the powers of Magistrate shall be governed by the procedure contemplated under the Criminal Procedure which is now called as Bhartiya Nagrik Suraksha Sanhita, 2023. Considering the legal departure of one provision by generating conflict with another provision, a conflict is emerged in the Act. The Act is a beneficial and remedial statute. The conflict in the provisions regarding procedure attracts a harmonious construction of statute but the pendulum still swings over the head of Magistrate regarding the nature of powers either civil or criminal or a combination of both i.e quasi civil and quasi criminal procedure. Therefore, there is a legal conundrum of procedure under the Act which requires immediate rectification at the hands of parliament.

The ultra-soft power of Bharat has emerged as a crucial instrument in its pursuit of global harmony within the current geopolitical context. Defined by the capacity to sway others through balanced tactics rather than through direct conflicts or deceptive interventions, the ultra-soft power is a fundamental aspect of Bharat's foreign policy. In recent years, Bharat has engaged in effective dialogues and enacted insightful policies aimed at strengthening its relationships with various nations worldwide. Significant efforts for fostering sustainable dialogues through military cooperation, economic association, cultural and value-based collaboration, bilateral relations, humanitarian assistance, etc. have become foundational stones to Bharat’s diplomatic strategy. Bharat’s active participation in various global forums highlights its commitment to collective action in addressing pressing global issues. Its focus on its democratic ideals and multicultural society resonates with numerous countries, enhancing its reputation as a responsible global leader. Subsequently, the ultra-soft power of Bharat transcends mere strategies for improving its international standing; it is fundamentally connected to its vision of promoting peace, security, stability, prosperity and happiness across borders. This research paper delves into the diverse aspects of Bharat's ultra-soft power, encompassing its military prowess, economic strength, cultural assets, humanitarian attitude, democratic principles, and dedication to sustainable development, all aimed at achieving global harmony.

The issue of unilateral environmental measures in international trade is a significant and complex topic. As countries around the world grapple with environmental challenges, their approaches to addressing these issues vary widely. This diversity becomes particularly contentious in the context of international trade, especially when developed nations engage with developing or least developed countries. Often, in the course of establishing trade relations, developed countries have been known to enforce their environmental standards on their trading partners. These impositions are not always aligned with the multilateral frameworks of the World Trade Organization (WTO) or international environmental law agreements. Instead, they are based on the imposing nation's domestic laws, leading to perceptions of hidden protectionism by the affected countries. While these measures can be seen as overreaching, they also play a crucial role in curbing unchecked environmental degradation and resource exploitation. Therefore, it is vital to explore and understand the complexities and implications of these unilateral environmental actions in the realm of global trade.

India's laws, especially those that protect intellectual property (IPR), are having a hard time keeping up with the rapid development of biotechnology, which includes genetic engineering and genetically modified organisms. The Indian Patents Act, 1970 gives patents to biotechnological innovations that are novel, non-obvious, and industrially applicable. However, there are ethical concerns about genetic testing and personalized medicines. Patents can encourage people to invest in biotechnology, but they can also lead to monopolies that make it harder to get essential genetic tests and treatment. This could put individuals suffering from genetic disorders at risk and make it harder for them to get the care they need. This study looks at India's biotechnology patent rules and how they compare to global standards, such as the TRIPS Agreement, which says that innovations in all areas of technology must be eligible for patents, but exceptions can be made for reasons of public health or morals. The Indian Patents Act, 1970 has certain exceptions that do not apply to genetic innovations. India tries to find this balance by selectively patenting innovative concepts and following TRIPS flexibility provisions. New technologies like CRISPR-Cas9 gene editing are testing the limits of what is legal and ethical. International standards, like UNESCO's Universal Declaration on the Human Genome and Human Rights and the ICMR guidelines, stress patient rights, informed permission, and responsible innovation. The Indian Supreme Court has said that Article 21's right to health is an important part of the right to life. They have also said that any laws that deal with human genetic patents must take public health into account. This study takes a close look at how biotechnology, especially genetic innovations involving humans, interacts with Indian patent law. It also looks at how this affects public health and moral issues.

"Obscenity is hard to define, but I know it when I see it." This remark by U.S. Supreme Court Justice Potter Stewart in Jacobellis v. Ohio (1964) encapsulates the inherent difficulty in defining obscenity—an issue that continues to challenge the Indian legal framework. In India, the regulation of pornography is characterized by contradictions, rooted in colonial-era laws and juxtaposed with the modern realities of a digital society. While the Supreme Court has recognized privacy as a fundamental right under Article 21 of the Constitution, this right is curtailed by laws governing obscenity under the Indian Penal Code (IPC) and the Information Technology (IT) Act, 2000. Platforms like OnlyFans, which rely on user-generated and subscription-based content, exist in a legal grey area, raising critical questions about individual freedoms, societal morality, and enforcement mechanisms. This paper examines the historical and legal trajectory of obscenity laws in India, focusing on their implications for platforms like OnlyFans. It explores the interplay of consent, privacy, and state regulation, while drawing comparisons with international legal frameworks. Ultimately, the paper argues for a nuanced regulatory approach that balances individual rights with societal values.

This paper critically analyses two pivotal multilateral conventions shaping the landscape of international dispute resolution, i.e., the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the 2019 Singapore Convention on Mediation. The New York Convention, ratified by over 170 countries, has been instrumental in standardizing the enforcement of arbitral awards across borders, promoting arbitration as the preferred method for resolving international commercial disputes. The Singapore Convention, although newer, introduces a framework for the recognition and enforcement of mediated settlement agreements, highlighting mediation as a viable, amicable alternative to arbitration. By comparing their scope, enforcement mechanisms, and defenses against enforcement, this paper evaluates the impact of both conventions on global commerce and legal systems. The analysis explores their respective contributions to predictability, efficiency, and fairness in cross-border dispute resolution while also addressing criticisms, such as the inconsistent application of public policy exceptions and challenges in implementation. The paper concludes by discussing potential reforms and the future interplay between arbitration and mediation, considering emerging trends and the evolving role of these conventions in promoting effective and accessible international dispute resolution mechanisms.

This research examines how AI-powered platforms can enhance the participation of women in international trade and their efforts towards promoting women’s entrepreneurship. As much as digitalization opens up many opportunities for women, there are still challenges like market access, visibility and competition that limit women’s participation. This article takes an innovative perspective through the application of AI technologies which are hoped will reduce the barriers and grow more supportive ecosystems for women in digital marketplaces. Informed by international trade law, artificial intelligence technology, and gender studies, this research inquires into AI focused women oriented platforms . It performed a case study in predicting and placing women into already established markets. Various case studies illustrating AI technology success in a number of industries suggest that AI can aid women’s entrepreneurship by addressing issues such as market demand detection and supply chain management. An important novelty of this research is a concern with the assistance of artificial intelligence tools that are targeted specifically to women entrepreneurs. The research examines existing AIF and their gendering impact in order to find the weaknesses and suggest new AI-based approaches to eliminate barriers like lack of financial resources, lack of marketing knowledge, and discrimination in business circles against women. The study also suggests in what ways policy can be used to create an AI-facilitated trading system that promotes female entrepreneurs. Proposing practical and upscaling solutions of AI, the research helps the policymakers , technologists as well as trade bodies to empower women economically through the use of digital marketing technologies powered by AI.

This paper sheds light on the topic of rights of the victims as with the emphasis moving from offender-centric frameworks to more balanced methods that recognise the interests and voices of victims, victim rights have emerged as a crucial element of contemporary criminal justice systems. This study examines victim rights' development, application, and difficulties, noting how they have changed both the experience of those affected by crime and the legal system. In the past, victims had little opportunity to participate in the legal system or seek restitution and were instead assigned to passive roles. That being said, during the last few decades, victim empowerment changes have been greatly accelerated by advocacy groups. At different stages of the legal process, the rights to information, presence, and hearing are important legal procedures. Victims are now guaranteed timely updates by several jurisdictions.

The Automobile Industry is one of the vital sectors in terms of its contribution to the Indian economy. In a global context, India’s automobile industry ranks fourth in manufacturing volume. It significantly contributes to India’s GDP, accounting for approximately 7.5% of its total GDP, and employs about 35 million people. From manufacturing automobiles to delivering them to consumers, the industry has various entities at different levels of the supply chain that are interdependent on each other. The industry's two pillars are the automobile dealers and the original equipment manufacturers (hereafter referred to as OEMs). Thus, from the antitrust perspective, it becomes essential to analyze the position &dynamics between these two important players and to prevent the imposition of unfair and restrictive conditions, which would otherwise lead to an adverse impact on the interest of all the stakeholders. In the first part, an attempt is made to discuss the relationship between the dealers and the OEMs to showcase how the manufacturers are in the predominant position as compared to the dealers while establishing the terms of the dealership agreement. The second part delves into analyzing the regulatory framework governing such clauses through the prism of antitrust laws. The concluding part provides suggestions to bolster the regulatory framework dealing with anticompetitive clauses of the agreement.

The Indian Penal Code (IPC) was established in 1860 by the British colonial administration to serve as a comprehensive criminal code for India. It was designed to cover all substantive aspects of criminal law and was applied uniformly across the country. Following India’s independence in 1947, the IPC remained in force, but it underwent various amendments over the years. These amendments were made to reflect the changing social, political, and legal landscape of the country, addressing issues such as gender justice, human rights, and the emergence of new forms of crime. As India continued to evolve, particularly in the late 20th and early 21st centuries, there were growing calls for a more contemporary legal framework. The IPC, despite being a robust code, was increasingly seen as outdated. Legal experts, lawmakers, and civil society began advocating for the creation of a new criminal code that would better address the needs of a modern India, including new challenges such as cybercrime, terrorism, and other emerging forms of criminal activity. In response to these calls for reform, several committees were formed, and the Law Commission of India produced reports recommending comprehensive changes to the IPC. These reports emphasized the need to modernize the criminal code to effectively deal with the complexities of contemporary society. Building on these recommendations, the Indian government initiated the drafting of a new criminal code, known as the Bharatiya Nyay Sanhita (BNS), in the early 2020s. The Bharatiya Nyay Sanhita (BNS) was introduced in 2023 as a replacement for the IPC. The BNS was designed to be a more progressive and comprehensive legal framework, better suited to address the justice needs of India in the 21st century. It focuses on modernization, procedural efficiency, and tackling issues that were either inadequately covered or absent in the IPC. The transition from the IPC to the BNS marks a significant shift in India’s legal landscape, reflecting the nation’s growth and the need for a legal system that is in tune with contemporary realities.

Environmental imbalances and climate change issues have garnered international attention in recent years. Climate change results in a number of problems, including deforestation, soil erosion, global warming, ozone layer depletion, and the degradation of natural resources. From the UNFCCC to the most current Paris Agreement, several international and national agreements and policies have been developed to safeguard the environment and try to control growing environmental challenges. But both developed and poor nations need to make progress in halting climate change. The rise of industry and technology is a major factor in environmental degradation and pollution. For planned emerging nations, progress is essential, but development and growth must also take ecological sustainability into account. In order to adapt to these changes and take into account the potential consequences on the environment, technology must be innovative. Green technology, also known as clean technology, sustainable technology, or environmental technology, integrates technology with the environment. To lessen climate change and safeguard the environment, science and technology are combined. The cutting-edge, sustainable response to urgent environmental issues is green technology. India is among the nations exhibiting swift advancements in green technology across the globe. In order to safeguard the environment, this theological study has attempted to emphasise how urgently technological advancements must be modified in relation to environmental sustainability. This essay explores and comprehends the relationship between the function of patent law, particularly when it comes to environmental concerns, and the significance and applicability of clean technology for ecological sustainability. The article will also demonstrate how intellectual property and its function in maintaining environmental sustainability are compatible.

The nature of contracts has witnessed a shift with the help of newfangled technology. The effectiveness of contract law has been placed to the test in the course of this changeover from paper-based conventional contracts to virtual contracts. The Act does not specifically address smart contracts. This has led to some uncertainty as to how the smart contracts will be treated under Indian law. Although the term smart contracts has been used for almost two decades , there is no clarity on its meaning. It investigates smart contracts in the setting of the general principles of contract making or formation that is meeting of the minds, offer, acceptance, consideration, capacity, performance as well as enforceability. The major objective of this study is to understand the basic concept of smart contract & blockchain technology. The research method followed here is Empirical Research. Convenient sampling method is used to collect the samples. The sample size of the research is 200. Independent variables are gender, age, education qualification and occupation. The dependent variables are whether smart contracts can be enforceable in India, level of agreeability towards smart contracts that have the potential to revolutionize the way contracts are formed and enforced, legal issues that arises with smart contracts in India and level of satisfaction towards the use of smart contracts leading to a more transparent and efficient contracting process. The statistical tools used in this study are Pie chart, Simple bar chart and Clustered bar chart. This research therefore concludes through the findings of the empirical study that the Smart contracts are a new technology that has the potential to revolutionize the way contracts are formed and executed. Smart contracts are said to be utilized widely in today’s world, so it is necessary to observe and understand problems like the issue of jurisdiction which is unpredictable.

An environment free from all forms of harassment, discrimination, violence, and a well-educated society represent an ecology where women feel safe and protected. This can be accomplished in a number of ways, including by advancing gender equality, increasing public understanding of women's rights, supporting healthy relationships and education, putting into place appropriate legislation, and making sure survivors have access to support services. This research paper focuses on women's safety awareness and provides them with the information and abilities to defend themselves and remain safe in a variety of circumstances. It covers topics including knowing one's rights, being aware of one's personal safety, getting assistant, which was given by the government. In this empirical research women and men from both rural and urban backgrounds, through a random sampling method, are provided with a questionnaire, through Google form. People are aware of various crimes that take place against a woman and it has a generational link. People get exposed to different crimes depending on their age. The greater the awareness about various crimes, the greater is the room for precautions and prevention. The purpose of this study is to raise awareness and educate readers, both of which will be essential in educating women with this knowledge and empowering them. The suggestion drawn out is that though there is an awareness to some extent, there is room for analysing the same.

This paper critically examines Dario Fo's Accidental Death of an Anarchist, a satirical masterpiece that underscores the systemic corruption and hypocrisy within Italian politics during the 1970s. By leveraging absurdity, slapstick humor, and biting wordplay, Fo dissects the socio-political environment that enabled institutional abuses, exemplified by the controversial death of anarchist Giuseppe Pinelli. The play’s evolving script and improvisational performances reflect Fo’s commitment to addressing contemporary political issues, while its engagement with counter-information challenges the audience to scrutinize official narratives. Through the analysis of key scenes and character dynamics, this paper demonstrates how Fo critiques the complicity of law enforcement and other institutions in perpetuating injustice, ultimately advocating for transparency and social reform. By satirizing authority figures and exposing the fragility of their constructed truths, the play transcends theatrical boundaries, asserting itself as a potent instrument for political commentary and public consciousness.

The enactment of The Companies Act, 2013 has replaced The Companies Act, 1956. This has led to the evolution of the corporate landscape in India. The 2013 Act has tried to make Indian Company Laws at power with the Global standards, but it has furnished certain ambiguities in the legal framework. One of the areas where these ambiguities have arisen is the status of an Indian subsidiary of the overseas holding company. It has created obfuscated legal framework regarding the classification of private subsidiary to be deemed public or retain its status as private company. This paper seeks to examine the legislative provisions governing this classification with a focus on the background of The Companies Act, 1956, the omission of section 4(7) in The Companies Act, 2013 and clarification provided by the Ministry of Corporate Affairs in 2014. We will explore the implications of the “deeming” provisions that affect the governance and regulatory obligations of these subsidiaries and the holding companies, and further assess its broader legal ramifications.

The term “Divorce” was unknown to the traditional Hindu system. Traditionally, in Hindu communities, marriage was viewed as a sacrament and unbreakable, reflecting beliefs about the sanctity of marital vows and their connection to spiritual, moral and societal order. The role of women in family was very much restricted towards rearing of children and taking care of the home. The status of women has always been secondary to that of men and in patriarchal societies. Also, the social, economic, educational, marital, cultural and religious status of women in our society was inferior to that of men. Even today, in the 21st century, Indian patriarchal society, women do not have the same status as men. Considering the social relations between men and women at different levels of social life, it could be seen that women do not get equal status with men in all aspects of social life like family, religion, caste and culture. This inequality has resulted in enormous growth of violence against women that led to the need for regulating the personal matters of various religious groups. Accordingly, the Hindu Marriage Act came into effect on 18th May 1955, for protecting of rights and interests of the persons belonging to Hindu community with specific reference to marriage, matrimonial reliefs, maintenance, custody of children etc., The act has provided with various grounds for divorce under Section 13. This article is throwing light on the grounds for divorce provided under Section 13 of the Hindu Marriage Act with some important case laws.

The Bharatiya Nyaya Sanhita (BNS) introduces a forward-thinking approach to modernizing India’s criminal justice system but leaves room for significant advancements in addressing cybercrimes. While its provisions recognize the importance of technology in combating digital offenses like misinformation and hate speech, they lack specific strategies for leveraging Artificial Intelligence (AI) in these investigations. This paper explores the integration of AI tools within the BNS framework to enhance cybercrime detection, evidence collection, and prosecution. By employing AI-driven models, law enforcement can monitor digital platforms in real time, automate evidence collection processes, and ensure compliance with the Digital Personal Data Protection Act, 2023. The study also examines ethical concerns, including data privacy and algorithmic bias, emphasizing the need for transparent and accountable AI deployment. Through case studies and comparative analyses of global best practices, the paper proposes a comprehensive framework for incorporating AI into cybercrime investigations under the BNS. This research aims to equip India’s justice system with advanced capabilities to address the complexities of cybercrime, ensuring both efficiency and fairness.

Design industry plays an critical part in Indian Economy. The paper points to distinguish the reasons for moo rate of enrollment of Mechanical Plan, Copyright, Obvious and Trademark by the Indian design industry. With wide run of items of Mold attire, Embellishments and Life fashion items being delivered in India and sent out to the world but the architects and trade houses don't effectively do enrollment of IPR of 'New' Item created. Field study was conducted and survey was administered to respondents to gather reaction from them with respect to their mindfulness towards IPR enlistment and its benefits. From the consider it was concluded that in spite of the fact that numerous divisions are ignorant of IPR enlistment, Creators and corporate who are mindful are still moderate in enrollment due to complication in recording method of IPR enrollment, fetched included and having less information around the benefits of enlistment. In any case, due to endeavors of Indian Government the IPR enrollment rate are expanding but still due to complexity in IPR enrollment law the 'Inventor' is still not clear of his rights. The creative industry may be a division that's developing quickly in this period of globalization, but the improvement of the inventive industry too postures challenges in securing Mental Property Rights. This investigate points to analyze the control of Mental Property Rights (IPR) within the inventive industry from an universal legitimate point of view. The research method utilized could be a regulating approach by looking at different universal legitimate rebellious related to Mental Property Rights (IPR). The research results appear that the control of Mental Property Rights within the imaginative industry still has shortcomings and challenges, especially in terms of law requirement and security of copyrights, licenses and brands. This investigate gives suggestions for making strides legitimate controls related to mental property rights within the inventive industry, counting expanding worldwide participation and more compelling law authorization.

Patents in the field of biotechnology have always remained a hot-spot for conflicting views on the grant of patents and a call for more stringent standards so as to negate the possibilities of ache on the part of the society as opposed to the benefit granted to the inventor. However, the debate gets even more sensitive when the question of grant of patents relates to claim of patents over life-forms. In this paper, the author makes an attempt to briefly analyze, taking into consideration relevant patent philosophy, scientific reasoning, the patent law in India and international prescriptions, whether or not the patenting of life-forms be allowed to find a place within the patent subject matter.

The digital age thrives on data. Data that individuals willingly put out there and data that is needed and demanded for, by many informational sites. The lifespan of data until few years ago was deemed to be permanent but given the rise of data misuse, there have been efforts to cut short such lifespan of data by deliberately acknowledging the existence of certain inherent rights that individuals hold with regard to their personal data. This paper is an attempt to understand the contours of Right to be Forgotten and how the right gained prominence through the legislative and judicial lens of jurisdictions. It also touches upon of the contentious spot which deals with the conflict between the freedom of speech and the right to be forgotten. The paper briefly examines the legal framework, judicial analysis and expert papers that have been instrumental in shaping the right to be forgotten jurisprudence. The methodology used for the purposes of this paper is purely doctrinal.

Artificial Intelligence (AI) can transform the creative process and is actively doing so. This paper examines AI as an augmentative force in human creativity by looking into its transformative effects on areas of art, music, writing, and design. Through the assistance of AI tools and machine learning algorithms, creators can extend beyond constraints to reach new and creative results. The article explores the challenges posed by AI-enhanced creativity, including ethical quandaries, intellectual property questions, and biases in AI-generated outputs. In addition, it showcases India's evolving legal regime including its Copyright Act and recent privacy laws, placing an emphasis on inclusivity and equity in datasets for any AI model training. The paper also highlights the balancing act of human-AI partnership with job displacement avoidance, and innovation. This paper advocates for a balanced approach to implementing AI after presenting a thorough overview of the integration.

Labour laws, or employment laws, concern the relationships among trade unions, employers, and employees. They outline the key areas of interaction between the parties involved, including working conditions, wages, safety standards, and mechanisms for resolving complaints. In India, labour law tends to branch into protective and regulative laws. Protective labour laws, as implied by the term, protect the worker with regard to health, safety, welfare and rights; while regulative laws deal with matters of conduct of trade unions industrial relations and conflict moderation. Within this framework, the governing mechanisms are experienced through acts such as the Industrial Disputes Act 1947, Minimum Wages Act 1948 and Factories Act 1948. The Emergence of Labour law in India can be traced to the colonial period, when various legislations were enacted like the “Apprentice Act, of 1850, the Factories Act, of 1883,” etc and then back ceased all these through the Code of Social Security. It is also important to note that, there is a different distribution of responsibilities in enforcement of labour laws by state and central government, which also constitutes the intricate nature of Indian labour law. Additionally, organizations in the Public Sector such as ONGC, SAIL, and SBI are subjected to certain legislative provisions and in-house committees in dealing with issues of discipline and employment and adhere to laws governing manpower.

All intangible, results of human thought, encompassing “inventions, literary and creative creations, designs, symbols, names, and commercial imagery”, are categorized as intellectual property (IP). Intellectual property protected by “patents, copyrights, trademarks, and trade secrets”, confers upon artists the exclusive right to exploit their creations for a certain duration. Patents are crucial for the diffusion of information and the promotion of economic development, as they enable the transfer of technology. This research paper explores the significance of technological transfer, specifically focusing on its impact on worldwide development, innovation, and industrial competitiveness. It also examines the relationship between patent law and technological transfer, emphasizing the potential for the intellectual property rights system to hinder equitable technology sharing, particularly in developing nations, despite its objective of fostering innovation. Important key aspects will also be discussed like the relation between technology transfer under “TRIPS Agreement and Convention on Biological Diversity”. These ideas aim to address the challenges and promote a more effective and fair transfer of technology.

This paper examines the impact of inflation on economic growth of countries, taking India and Australia as examples. It is argued that inflation can have both positive and negative impacts on economic growth. Generally, low inflation is beneficial to economic growth. However, inflation can be a sign of economic growth, as it is with India and Australia. Both countries have had periods of high inflation and economic growth. The paper also looks at the differing approaches to inflation management of the two countries and the effects of this on economic growth. The research suggests that, in general, inflation has a negative effect on economic growth, particularly in developing countries, who are more vulnerable to the effects of inflation.

Technological intervention in the business world has completely revamped the way businesses are done. Doing business through digital platforms while is convenient, it is not insulate to unfair business practices. Opaqueness and uniqueness of digital platforms have made it difficult to detect these practices, thus posing a challenge for the authorities and governments.. The existing criteria of detecting unfair practices have proven to be ineffective . The integration of technology into our daily lives and the all-pervasive nature of it has made the impact of anti-competitive conduct in Digital Markets a topic of discussion among governments and policymakers. Much research is being conducted by policymakers and various organizations in studying the negative impact of these technological innovations on markets and their way of doing business, as well as consumers and other competing firms. A basic understanding of the functioning of these markets has made it clear that the existing competition regime with its enforcement tools is ineffective in identifying and controlling the anti-competitive business practices in the digital markets. This paper seeks to discuss the various challenges associated with the functioning of digital platforms and the possible solutions that can be put to use to tackle the emerging issues of competition policy vis a vis digital markets.

The construction industry, a cornerstone of economic development, has evolved significantly, employing millions of workers who are essential to its growth. However, contract workers, forming a substantial portion of this workforce, often face persistent exploitation. These injustices include wage disparities, unsafe working environments, lack of social security, and inadequate representation under labour laws. While India’s legislative framework, such as the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (BOCW Act), provides some protections, these laws have often fallen short in addressing systemic challenges. Judiciary, as the guardian of fundamental rights, plays a pivotal role in bridging these legislative gaps. Landmark judgments have not only ensured justice for contract workers but also set precedents reinforcing labour rights. The study highlights that despite existing legal provisions, the exploitation of contract workers remains a pressing issue. The judiciary’s proactive role serves as a beacon of hope, addressing legislative shortcomings and ensuring dignity and equity for these workers. By aligning judicial activism with legislative intent, systemic changes can be achieved to safeguard the rights of this vulnerable segment of society.

Rajasthan has diverse landscapes ranging from arid deserts to lush forests with a vibrant culture. It is also the motherland of 32 notified Scheduled Tribes in Rajasthan. Some of these are the Meena, the Bhils, the Sahariya, the Garasia and many more tribes that have a renowned existence in the state and have spent centuries in the forest. Over the years, such communities have been going through oppression and injustice, which have impacted their livelihood. Thus, to safeguard their traditions and cultures,’ the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, also known as the Forest Rights Act, 2006, was enacted and considered one of the landmark legislations of Indian legal system that aims at empowering forest dweller communities, including tribals. This paper examines the implementation challenges of the act, specifically in Rajasthan, focusing mainly on the Meena tribe. The paper addresses such challenges in three folds, beginning with the legislative history of the act. The significance of the functioning of the act in Rajasthan, and lastly, the research also investigates the potential of the Forest Rights Act of 2006 to promote tribal livelihoods and cultural preservation while upholding constitutional rights.

“Arrest signifies physical detainment, none can be arrested digitally as there is no such concept in India” The complex and contentious issue of digital arrest has gained attention in modern digital world due to proliferation of cybercrime and need of an advanced legal mechanism to deal with the offenders. In recent years, internet usage and digital services have abruptly arisen, resulted rise in digital crimes. The central theme of this paper is to highlight the tricks by which cyber-crooks extort money and the legal regime regarding the offence in India. This work is basically done by using case study method wherein certain incidents of digital arrest and its background is studied. To explore the subject in depth and to know about awareness of people regarding this issue, it follows a doctrinal research approach, a survey has also been conducted in a close ended questionnaire form by using qualitative method. The work starts with defining the term digital arrest, how it works and the legality of digital arrest in India. It also deals with the legal framework for digital arrest and technology used to combat it. This work throws light over certain treaties which assures fundamental right of privacy at online platforms. Coming to end the challenges faced by law enforcement agencies and some suggestions for protection of internet users are discussed. In the end author sum up with concluding remarks.

The rapid growth of big data technologies has revolutionized numerous industries, leading to significant advancements in healthcare, finance, and marketing. However, this data-driven transformation has raised substantial concerns regarding personal privacy and data security. Once considered private, personal data is now a valuable asset for businesses, fueling debates over how it should be collected, processed, and protected. This article explores the future of personal data protection in the context of big data, analyzing emerging trends, challenges, and technological advancements. Key areas of focus include the growing risks associated with the storage and use of vast amounts of personal data, the impact of global data protection regulations such as GDPR, and the role of innovative technologies like encryption, artificial intelligence, and privacy-enhancing technologies. Furthermore, the article examines ethical considerations surrounding data ownership, the importance of user control, and the balance between privacy and innovation. As the world becomes increasingly interconnected through the Internet of Things (IoT) and smart cities, ensuring robust data protection becomes critical to maintaining user trust and safeguarding individual rights. The paper concludes with a call for stronger regulatory frameworks, improved technological solutions, and greater digital literacy to empower individuals and organizations in protecting personal data.

The main objective of this study is to outline the mental health problems experienced by prisoners and highlight how important it is for them to have complete psychological services. This paper has four major objectives: the identification and analysis of prevalent mental health issues among incarcerated persons, evaluation of current psychological support systems, and whether these mental health problems are recognized to the capacity of the inmate especially in their allocation of term period, furthermore compare prisons across the world and their systematic protection of the well-being of inmates pre and post their term period. The study will employ both qualitative and quantitative methods in order to achieve these objectives. Initially there will be an extensive literature review, supported through empirical studies, theoretical approaches, and case studies for comprehensive understanding of the mental health environment in correctional institutions. Topics such as prevalence rates of mental disorders among inmates, effect of prison on mental well-being, and efficiency of existing psychological services should be explored. To cover gaps that literature review may have and provide a comprehensive perspective, there will be empirical research by administering questionnaires to ordinary citizens of India. The investigation aims at determining the public attitudes and ideas regarding mental health treatment provided to prisoners. It will specifically find out whether they believe that they need improved psychological services within correctional systems. Furthermore, it will explore respondents’ understanding of how mental healthcare is important inside jails and whether reformation is needed. Integrating the findings from both literature review and empirical research this study aims to create a solid framework for understanding and improving inmate’s mental health services. Practical insights combined with theoretical ones can enhance more effective correctional practices towards mentally ill inmates through a humanistic approach.

The inclusion of transgender females in women’s competitions has evoked political and judicial discussions in many countries as the citizens in general weren’t prepared to witness a biological male who has scientifically restructured himself as a female in competitions designed for cisgender women. Consequently, a string of laws was passed in the US attempting to ban transwomen from women’s sports. The same was challenged under the Equal Protection Clause of the 14th Amendment which promotes equality to all genders but permits discrimination if the discrimination in question pursues an important governmental interest. Idaho’s Fairness in Women Sports Act which is one of the first legislations to categorically ban transwomen athletes from participating in female sports attempts to justify the ban based on the rationale that non-restrictive participation to women’s sports competitions is a violation of women’s right to equality as it permits transwomen to take advantage of their physiology and reduce the competition success rate of ciswomen, which would not have been the case if the latter is allowed to compete in their own category. The statute is currently facing an injunction after being challenged for violating the Equal Protection Clause of the US Constitution. The US supreme court is yet to deliberate and make the landmark decision of whether the said ban is unconstitutional, thus unenforceable. This article examines the rationale used for justifying the ban imposed under the Fairness in Women’s Sports Act and argues that if the same is declared as constitutionally valid, there would be far reaching consequences which goes beyond restricting transwomen from women’s sports as the same rationale, if argued adequately will potentially be able to place constitutionally valid restrictions on transwomen from competing in women’s competitions in general including beauty pageants.

The concepts of Dharma and Justice are deeply interconnected, with Dharma serving as a broader framework that encompasses morality, law, duty, and justice. Originating from the Sanskrit word dhri (to uphold or sustain), Dharma extends beyond religious connotations to embody a universal moral order. In ancient Indian thought, Dharma was inseparable from law and governance, emphasizing the sovereign's duty (Rajadharma) to uphold justice and ensure public welfare. Similarly, personal duties were codified under Ashrama and Varna Dharma, fostering harmony within society. Justice, often equated with fairness and equity, is considered an extension and realization of Dharma. Ancient texts like the Dharma Shastras and Arthashastra viewed law and morality as intertwined, while the Bhagavad Gita highlights the ethical imperatives of Dharma through Arjuna's moral conflict, emphasizing righteous action and the balance between duty and consequence. Leaders like Mahatma Gandhi and philosophers like Amartya Sen have interpreted and adapted these principles to modern contexts, linking Dharma and Justice through ideals like Ram Rajya (just governance) and Swarajya (self-rule). While the concept of Dharma evolves with societal changes, its timeless principles-truth, fairness, and duty-remain foundational to governance and justice. Modern legal systems, though distinct, often reflect these enduring values, advocating fairness and morality alongside statutory law. Thus, Dharma and Justice together form a holistic framework for ethical governance, societal harmony, and individual moral conduct. This interplay of ancient wisdom and modern jurisprudence underscores the universality and relevance of these principles across time and cultures.

Speaking on ‘Women for Justice’ Justice Ayesha Malik from Pakistan rightly observed that, ‘Including women in the judiciary is not simply about ensuring that ‘her’ perception is relevant to resolving cases about women. It is about integrating the gender perspective and giving equal visibility to women.’ As she stated it is not always a woman standing for and by a woman and this perception is most suited to the Indian Judiciary which despite having a very low representation of women in the judiciary has emerged as the flag bearer of women's rights and gender parity. This article is an attempt to revisit some of the landmark judgments by the Supreme Court of India where the judiciary dared to question the age-old presumptions on the relationship between law and women and legal jurisprudence based on such presumptions.

In spite of the country’s progress in social and economic areas, child labour is still a major problem in India. The efficacy of these measures is still up for debate, despite the passage of several legislation including the Child Labour (Prohibition and Regulation) Act, 1986, and its 2016 revision. The data collected on the PENCiL website from 2018 to 2022 have been employed in this research study to critically analyze the child labour law application and its effectiveness in India. Among other factors, such as economic difficulties, lack of public knowledge, and a scarcity of resources, the research highlights the inability of enforcement due to such issues. This further highlight regional differences; attention to places such as Uttar Pradesh, which witnessed the maximum rescues and complaints, and other states where minimal or no intervention is recorded at all. The deficiencies in the procedures of enforcement, rehabilitation, and awareness have caused underreporting and inappropriate treatments, according to the study. Judicial remedies and historic decisions have played a role in shaping the legal environment, but systematic poverty and structural constraints have continued to hinder progress. Raising public awareness, educating the public, and financial aid are the most emphasized means of combating child labour. To improve the enforcement of child labour regulations and ensure protection and rehabilitation of affected children, this research analyzes policies, legal frameworks, and implementation methods. The results are sought to be an addition to the discussion of children’s rights and solution to this problem of child labour in India.

The Right to Information (RTI) is a fundamental human right that guarantees the public the right to access information held by public authorities. There has been a profound impact of the digital age on RTI, making it easier for citizens to access information and also enabling governments to share information more widely. This research paper explores the evolving landscape of RTI in the digital age. It explores the concept of RTI and its importance as a fundamental human right followed by the impacts of the digital age on RTI and its mechanisms. It studies RTI laws in selected countries and presents a comparative analysis to identify some common elements on which the laws of different countries are based. It also emphasizes the interaction between RTI and privacy concerns in the digital context. Subsequently, this study makes recommendations for improvising and optimizing the RTI mechanism in the digital era. The study highlights the important role of RTI in the era of digitalization to promote transparency, accountability and citizen engagement. The study calls for collaborative efforts to adapt and strengthen RTI mechanisms. Such efforts will effectively deal with the challenges and opportunities offered by the digital revolution. It will ensure that this right remains a cornerstone of democratic governance globally.

Given its centrality to the G20 India seeks to offer a unique vantage point for weighing the efficacy of its laws in fostering gender equality associated with Agenda 2030. As a prominent member of the G20, India's part in shaping global economic policies and its commitment to addressing multifaceted challenges stands at the forefront. The research paper examines the effectiveness and sufficiency of Indian legal frameworks in achieving gender equality in alignment with the goals set forth in Agenda 2030. The United Nations' Agenda 2030 emphasizes the empowerment of women and girls, aiming to eliminate gender disparities across various sectors by the end of the decade. Considering the legal landscape of India, this study conducts a comprehensive analysis of existing laws, policies, and their implementation in relation to gender equality. The research incorporates a multi-faceted approach, utilizing qualitative analysis and comparative studies to evaluate the strengths, short comings, and loopholes within Indian legislation pertaining to gender equality. The research paper proposes prospective reforms and policy recommendations to strengthen the legal framework and address the tenacious barriers preventing the full realization of gender equality. Ultimately, this research contributes to the discourse on gender equality by illuminating insights into the adequacy of Indian laws and policies in order to achieve the goals outlined in Agenda 2030.

A nation's laws can be divided broadly into two categories: private law and public law. The legitimacy of gender inequality has been called into question, and gender justice has been favoured by contemporary jurisprudence. The Human Rights Law is the most important component of contemporary jurisprudence that supports the concept of gender justice. This particular area of law views both men and women as having the right to fair and equal treatment as human beings. Its goal is to protect the notion of human dignity. The BNS currently primarily defines sexual offences in terms of a binary view of gender, barring males and non-binary people from its protection. This essay argues that gender neutrality must be adopted in order to have a legal system that is both inclusive and egalitarian. All people, regardless of gender identification, will get equal legal protection by gender-neutralising sexual offence laws. This article emphasizes the growing adoption of gender-neutral sexual offence laws in other nations, which is in line with international human rights norms, by drawing on global trends. This paper emphasizes the necessity and advantages of revising the BNS to reflect a more inclusive and just society by looking at case studies and legislation modifications.

Transnational terrorism continues to be a persistent challenge in South Asia, characterized by non-state actors operating across borders to commit acts of violence and destabilize the region. The purpose of this study is to investigate the dynamics of cross-border terrorism in South Asia by focusing on its causes, manifestations, impact on security and stability, and responses of affected countries and the international community. This study aims to contribute to a deeper understanding of the complexities of transnational terrorism in the South Asian context by analyzing case studies, historical contexts and policy responses, and to explore effective strategies to counter this threat.

Almost halfway through the 2020s decade, the world has seen a massive increase in armed conflicts. Wars combined with the influx of new technology has birthed an era of technologically superior weapons which are seen as the next milestone in the arena of war. This research project aims to critically examine the rapid advancement of technological innovation in weapons, specifically drones and how, as unmanned aerial weapons, they can affect a state’s sovereignty. The paper hopes to delve into the various facets of drone use, ranging from its advantages to the implication of the same in international law. In order to effectively analyze the consequences of using such unmanned aerial vehicles, the research also studies the cases study of USA’s drone use under the Obama administration, owing to the widespread use, criticisms and it being so extensively covered globally by subject matter experts. Moreover, the increased usage of drones by states in global conflicts has uncovered a major issue regarding the targeted states’ sovereignty and how such drone attacks can affect the security of the citizens in a grave manner. In order to provide a comprehensive review of the aforementioned, the paper highlights the legal framework already in place and the role of noted international judicial bodies which can help adjudicate any international conflict regarding the usage of drones between two nations. The laws in place are also evaluated, keeping in mind the ethics behind drone strikes in order to reach a conclusion about the crux of the research paper. In conclusion, this study emphasizes on the loopholes that are being exploited by drone usage and underscores the urgent need to address those in order to guard state sovereignty and the safety of its citizens. Given the frequent usage of drones in recent wars such as Russia-Ukraine and Israel-Palestine, it’s extremely important to implement reforms which effectively address every issue highlighted in the research paper.

Synchronized trading results in a deception of the market, and is extremely difficult to detect. The basic objective of this paper is to cull out the origin of screen-based trading and the principle of anonymity, as the pillars of the Indian securities markets. This paper also discusses the types of deceptive devices employed by parties to evade regulators in India. It also focuses on fairly determining the various grounds for the determination of synchronized trading in India. The factors in respect of synchronized trading have not been mentioned/ ascertained in India, which make its detection difficult. It is to be noted in this context that synchronized trading though has been used as a term by the SEBI freely, it lacks a particular description/ definition in the Indian context. In this light, the paper shall attempt at indicating those factors which may lead to a better identification and resolution of practices, termed as synchronized trading.

With the Supreme Court becoming an omnivorous arbiter of the last, and in current period, even the first, resort, there has been an increasingly mounting pressure on this guardian of the Constitution to secure the aspirations of the common man. The Constitution of India vests wide ranging powers in the Supreme Court to protect the fundamental rights of the citizens and these are the very rights that secure to the citizens their aspirational prowess. The following article seeks to expound the theoretical underpinnings of the common-law system in which our Supreme Court works and how such a system has bestowed upon the court a way of ensuring the rights of citizens is preserved. The article goes on to discuss a variety of cases, including three landmark ones and finally concludes on a humble note to remind the readers that not every story of heroism is a fairy-tale and has discovered its own pit-falls owing to vulnerability to Indian political context. The theme of social preservation features as an important pivot which sustains the framework on which the workings of the court is modelled. The socio-legal aspects discussed in the article seek to reaffirm the transformative role played by the Supreme Court in asserting its commitment to “equitable justice”.

Same-sex marriage has been fast becoming an issue of recognition and legalisation worldwide, with varying degrees of acceptance or resistance witnessed. Our primary contention centers on the fundamental principle that denying same-sex rights constitutes a violation of individual constitutional rights. We also acknowledge the potential challenges associated with amending personal religious laws, which may carry religious repercussions. However, we propose a viable solution in the form of the Special Marriage Act, which can serve as a refuge for same-sex couples seeking legal recognition. Throughout our argument, we will demonstrate the complexities involved in granting same-sex marriage rights within various religious contexts as well as under the various Fundamental Rights and subsequently, we will elucidate how these rights can be effectively secured through the utilization of the Special Marriage Act.

Cyber security has become crucial to any nation's security, economy, and overall well-being. While much has been written about India's rise as a global computing power, not much is known about its cyber security history. This paper examines the critical importance of online privacy and cybersecurity in the digital age. It provides an overview of key concepts related to online privacy, including data collection, usage, security, and user consent. The paper compares online privacy regulations in India, the United States, and Russia. It then analyzes major challenges to securing online privacy in India, such as lack of comprehensive data protection laws, government surveillance concerns, and low digital literacy. Common threats to online privacy like weak passwords, oversharing on social media, and IoT device vulnerabilities are discussed. The paper reviews key Indian legislation aimed at protecting online privacy and preventing cyber threats, including the Information Technology Act 2000, IT Rules 2021, and the Digital Personal Data Protection Act 2023. It also examines cybersecurity challenges like evolving threats, skills shortages, and rapid technological change. The paper concludes by comparing cybersecurity penalties in India to other countries and emphasizing the need for robust, forward looking laws to address emerging cyber risks in an increasingly digital world.

India's approach to Environmental, Social, and Governance (ESG) compliance is in an evolving stage, but the European Union's (EU) well-established and comprehensive ESG regulatory framework is a robust commitment for handling climate change. Objective of this paper is to compare India’s ESG regulations with those of the EU and to identify gaps and suggest recommendations. The current ESG framework in India includes mandates under the Companies Act, —’s Business Responsibility Report (BRS) and Business Responsibility and Sustainability Reporting requirements. (BRSR) Whereas EU’s regulations include Corporate Sustainability Reporting Directive, the Sustainable Finance Disclosure Regulation (SFDR), and the EU Taxonomy. This research will assess India’s ESG framework, compare it with the EU’s standards, and will recommend suggestions to bridge the gap and will be helpful for policymakers and stakeholders.

The introduction of the Pre-Packaged Insolvency Resolution Process (PIRP) under the Insolvency and Bankruptcy Code (IBC) 2016 marked a pivotal development in addressing the delays and challenges faced by distressed companies, particularly Micro, Small, and Medium Enterprises (MSMEs), during the COVID-19 pandemic. Enacted through the 2021 amendment, PIRP was designed as an expedited and streamlined alternative to the Corporate Insolvency Resolution Process (CIRP). It involves pre-negotiation of a resolution plan between creditors and debtors, which is subsequently submitted for formal approval. This mechanism aims to balance creditor interests while mitigating adverse economic impacts on MSMEs. The PIRP offers several advantages, including a shorter resolution timeline (120 days), reduced litigation, and enhanced debtor-creditor collaboration. However, its adoption has been limited, largely due to hesitancy among financial creditors and lack of awareness about its potential benefits. Structural challenges such as the absence of a framework for group insolvency and a secondary market for stressed assets further impede its success. Despite these challenges, PIRP aligns India’s insolvency framework with global practices in jurisdictions like the UK and USA, promoting confidence among international creditors. To ensure its effectiveness post-COVID, the government must introduce complementary measures, such as legal reforms to empower adjudicating authorities and enhance procedural efficiency. While PIRP remains underutilized, its potential to transform insolvency resolution for MSMEs is significant. Its continued necessity hinges on addressing current impediments, fostering creditor confidence, and integrating a robust framework for group insolvency and secondary asset markets. By overcoming these challenges, PIRP could evolve into a cornerstone of India’s insolvency landscape, fostering quicker resolutions and minimizing economic disruptions.

The rights of labour class such as health, working condition, and their safety has always been a matter of concern not just at the level of establishment itself but at a national level. To tackle with these concerns the government has come up with the “Occupational Safety, Health and Working Conditions Code 2020” (hereinafter referred to as OSH Code, 2020). The code aims at prescribing the standards for the working conditions, health and safety measures, and special provisions for women. The code consolidates 13 existing laws. An important provision under this code is related to the word “consent” of women working beyond regular working hours. This article delves into the interpretation of word "consent", and explores whether these provisions are a boon or a curse for women at workplace. The word “consent” encompasses within itself some essentials like voluntary mutual agreement, educated decision-making, express documentation, and the ability to cancel the consent without any repercussions. On the other hand, challenges such as lack of awareness, mental coercion, uneven enforcement mechanism can undermine these protections provided under the OSH Code, 2020, thus exposing the women to exploitation. This article explores the legal and also the practical implications of all these essential elements, whether they truly benefit women or they inadvertently create new challenges, thereby offering a comprehensive analysis of the OSH Code’s impact on women’s rights and safety in the workplace. The article also discusses about the responsibilities of employers in maintaining compliance with this code and the role of regulatory authorities in monitoring adherence to these provisions.

In Bangladesh, 53 Women and Children Repression Prevention Tribunals are functioning, which are established under the Nari-o-Shishu Nirjatan Daman Ain, 2000 (Women and Children Repression Prevention Act,2000) to try the offences relating to repression against women and children. The purpose of this article is to identify the loopholes and achievements of these tribunals, specifically in the first phase, it aims to discuss the background of the establishment of tribunals considering the provisions of laws enforceable from time to time. In the second phase of the article, it will present case study and interview of judges to analyse the functioning of the tribunal, and in the final phase of this article, the shortcomings of the tribunal and law governing the tribunal will be discussed to recommend possible way out to overcome the loopholes.

Law is a complex study, isolation of law is practically not possible. The jurisprudential theories have been evolving and have introduced numerous approaches. Morality and law though viewed as conflicting are foundationally inseparable. The paper highlights arguments between legal positivism and natural law theory while discussing how morality has historically influenced the creation of laws both internationally and in India. It places emphasis on the development of legal frameworks that give constitutional morality top priority, guaranteeing respect to the core values and rights enshrined in the Indian Constitution.The societies are governed by law nonetheless they are at times built on moral and religious values. Consequently, our law has to deal with morals and religion by resolving the issues between constitutional morality and social morality. Civilization has brought great developments and transformations in society but has not completely brought it out of its roots. This paper explores how Indian jurisprudence dynamically balances social and constitutional values. It explores the ways in which these two moral systems impact legal interpretations and rulings, influencing the development of legislations. The concept of social morality is examined in its cultural and societal context, highlighting its role in governing the human behaviour and societal norms. On the other hand, constitutional morality is defined as upholding the values found in the Indian Constitution, which prioritizes justice, equality, and fundamental rights over customary social norms. This paper examines how social morality is shaped by cultural and societal circumstances and how it influences and interprets the law, emphasizing how laws change over time to reflect changing social standards.

The Securities and Exchange Board of India (“SEBI”) introduced the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 ("Takeover Code, 1997") to regulate the acquisition of shares and voting rights in public listed companies in India. The Securities and Exchange Board of India ("SEBI") had been considering reviewing and amending the Takeover Code, 1997 for quite some time now. In July, 2020, SEBI has introduced third amendment to the Code with minor amendments. A Takeover Regulations Advisory Committee was constituted under the chairmanship of Mr. C. Achuthan ("Achuthan Committee") in September, 2009 to review the Takeover Code, 1997 and give suggestions. The Achuthan Committee provided its suggestions in its report, which was submitted to the SEBI in July, 2010. After taking into account the suggestions of the Achuthan Committee and feedback from the interest groups and general public on such suggestions, the SEBI finally notified the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 ("Takeover Code, 2011") on 23 September 2011. The Takeover Code, 2011 will be effective from 22 October 2011. SEBI has, however, clarified that any open offer, for which a public announcement has already been made, would be governed by the Takeover Code, 1997. The Takeover Code, 2011 adheres to the framework and principles of the Takeover Code, 1997 but the changes that it brings about are significant. The first and second section of the article attempts to study the various theories of takeovers and in that background highlight the evolution of the takeover regulations in India. It also commemorates a brief overview of the U.K. and U.S.A takeover regulations for a coherent understanding of the regulations in India. The last section of the paper is a summary of the rationale behind making key changes in the 1997 Takeover Code in India. Hence, the paper is relevant in the present for scholars, advocates and judges.

The digital age in India is characterised, among others, by the emergence of OTT platforms as one of the most significant cultural and technological development. The introduction of such over-the-top (OTT) applications, including Netflix, Amazon Prime Video, Disney+ Hotstar, among others, has remarkably influenced content consumption pattern of people in India. Such rapid expansion, however, has raised concerns regarding the efficacy of self-regulation and restriction of content. In the absence of an adequately defined legal framework, India has had to rely on the self-regulatory codes formulated by the OTT platforms to supervise and control content available. This article evaluates the advantages and shortcomings of self-regulation in India with a specific emphasis on over-the-top (OTT) platforms by analyzing the legal order and the implementation of the order with respect to the protection and restriction of freedom of expression and the regulation of the content.

With major ramifications derived from international agreements and human rights concepts, India has seen dramatic changes in the legal environment concerning LGBTQ rights in recent years. Legal arguments and activism for LGBTQ rights in India have been influenced by international agreements, especially the International Covenant on Civil and Political Rights, Universal Declaration of Human Rights, and the Convention on the Rights of the Child. The decision of the 2014 NALSA ruling upholding transgender people's rights also demonstrated a progressive stance informed by global human rights standards. Even if these legislative developments are encouraging, there are still issues with cultural perceptions and comprehension. International conventions' effects on rights of LGBTQ+ peoples in India are a result of the dynamic interaction of changing public attitudes, international lobbying activities, and local legislative developments. This paper seeks to effectively capture the complex interplay between these factors and recognises the continuous process of promoting equality and inclusivity for the LGBTQ population in India.

Drug addiction is a major social problem across the globe, but the extent of its impact differs with the Socio-Economic Status (SES). This paper focuses on how class affects rates of addiction, treatment, and culture. People from low-income families are more likely to be affected by addiction due to financial hardships, lack of education and limited employment opportunities. Such problems make them reach for drugs to help them cope. On the other hand, the higher income individuals have easier time seeking for mental health care and other forms of support and hence they do not turn to drugs. The issue of access to treatment also shows the clear division between the rich and the poor. Rich people can seek for private rehabilitation centres and quality health care while the poor are left with long waiting times in overworked public systems. This lack of easy access to care simply maintains the cycle of addiction in the impoverished population. Other social factors also play a role in the situation, and these are also influenced by class; lower class addicts are viewed as criminals or ethically wrong while upper class addicts are viewed more sympathetically. The prevalence of addiction is highly skewed among lower SES groups in India. Geographical inequalities exacerbate the situation as drug-trafficking peddlers focus on woeful neighbourhoods. Besides, the justice system portrays themselves as tougher on low-income families and the elite easily escape judgments through legal allocations. Thus, issues surrounding addiction must be acknowledged concerning class-based disparities. Equally crucial measures encompass improving access to treatment along with social and economic inequalities in different statuses which are harmful stereotypes and hence make equal access to recovery possible through equally ameliorated policies and systems supporting the same.

Foreign Direct Investment (FDI) plays a significant role in India’s economic growth, fostering job creation, technological innovation, and infrastructure development. This study examines public opinion on FDI in India, focusing on its economic, social, and cultural impacts and how these perceptions shape the nation’s FDI policies. The objectives include assessing public awareness of FDI, analyzing perceptions of its benefits and challenges, and exploring demographic differences in these views. Employing an empirical research design with convenience sampling, the study collected 200 responses from individuals in Chennai and its surrounding areas. Statistical tools like bar graphs, Chi-square tests, and ANOVA were used to analyze the data, revealing that public opinion on FDI is generally positive, recognizing its contributions to economic growth and technology. However, concerns about job displacement and adverse effects on local businesses persist. The findings highlight the influence of education, income, and FDI awareness on public perceptions. The study concludes that while FDI is perceived as a growth driver, policy adjustments are needed to mitigate social challenges and align FDI with India’s socio-economic realities.

The Indian Knowledge System (IKS) represents a comprehensive and ancient body of knowledge that has been cultivated and transmitted through generations in India. This system encompasses a wide array of disciplines, including Philosophy, Science, Mathematics, Medicine, and Astronomy, all of which are deeply embedded in the cultural and traditional fabric of Indian society. Historically, IKS has made substantial contributions to global knowledge and has influenced various academic fields, shaped by the philosophical tenets of Hinduism, Buddhism, and Jainism. A notable text, the ‘Rigveda’, illustrates the principle of interconnectedness among all beings, which is a fundamental tenet of IKS that underscores the notion of unity. Prominent figures within this system include Aryabhata, a mathematician credited with the invention of the concept of ‘Zero’ and significant advancements in Mathematics and Astronomy, and Susruta, often referred to as the father of surgery in ancient India, who provided comprehensive accounts of medical procedures in the “Susruta Samhita”. IKS has profoundly impacted various domains, including Mathematics, Medicine, Philosophy, and the Arts, thereby transforming numerous aspects of knowledge. Despite facing critiques for its foundations in ancient traditions and its emphasis on spirituality over empirical evidence, IKS has experienced a revival. Initiatives aimed at revitalizing and preserving traditional knowledge systems, along with government efforts to integrate IKS with contemporary scientific methodologies, have resulted in novel discoveries and innovations in fields such as Agriculture, Medicine, and Environmental Science. Although challenges persist, IKS continues to exert influence across disciplines and holds the potential to shape future advancements in Science, Technology, and Culture. Acknowledging and appreciating the insights of ancient traditions can foster a more holistic and inclusive approach to knowledge and understanding.

This research paper explores the safeguarding of minority rights in India, emphasizing the Indian Constitution's role & judicial interpretations in protecting these rights. The paper opens with a discussion on the historical backdrop of minority rights in India, encompassing the struggles encountered by minority groups within the nation. Subsequently, it offers an analysis of the pertinent clauses of the Indian Constitution which affords essential rights to the minorities, namely, the right to equality, freedom of religion, cultural & educational rights. The paper further examines the judiciary's role in interpreting & enforcing these provisions, emphasizing significant judicial decisions that have influenced the dialogue on minority rights in India. The paper contends that although the Indian Constitution establishes a robust framework for safeguarding minority rights, the actualization of these measures has been uneven & inconsistent. It highlights multiple obstacles in upholding minority rights, such as the absence of political determination, insufficient inclusion of minority groups in decision-making roles, & the sway of majoritarian political dynamics. It also assesses the effectiveness of legal provisions & affirmative action policies designed for the upliftment & empowerment of the marginalised groups. Additionally, the study examines the role of the Indian judiciary in interpreting constitutional provisions related to minority rights. It evaluates significant judicial decisions that have influenced the jurisprudence of minority rights, exploring the development of legal doctrines & precedents in this area. The paper examines current challenges & discussions related to the protection of minority rights in India. It explores issues like communal tensions, religious intolerance, discrimination, & socio-economic inequalities that hinder the fulfilment of minority rights. It also critically assesses the efficacy of institutional frameworks & government policies in tackling these issues. Additionally, the paper provides a critical assessment of the role of state institutions, civil society groups, & international human rights entities in promoting minority rights in India. The paper further emphasizes the importance of civil society organizations & social movements in championing the rights of minority groups & advocating for increased accountability & transparency in the enforcement of constitutional provisions. It delves into constitutional provisions, judicial interpretations, & current realities to present a detailed perspective on the challenges & prospects for the complete fulfilment of minority rights in the context of India's diverse democracy. The paper concludes with recommendations to enhance the safeguarding of minority rights in India. These recommendations highlight the necessity for increased political determination & dedication, the advancement of inclusive & participatory decision-making processes, & the fortification of institutions tasked with protecting minority rights. Additionally, the paper underscores the importance of persistent involvement & advocacy by civil society organizations & social movements to promote & protect minority rights in India.

Today in a fast-growing digital world, threats are more complex, and intricate for any citizen, business entity or even a country to fight and overcome. Contemporary legislation tends to fail at accommodating new technology trends and, more importantly, modern cyber threats. This paper also analyses various topical threats related to AI, IoT, and blockchain such as using them for cyberattacks in further detail. It measures the level of applicability of modern legal instruments in the fight against cyber security challenges in relation to several arguments such as jurisdiction conflict; privacy issues; and lack of effective collaboration across borders. Founded on literature review and comparison of cases, this paper presents recommendations for improvement of the legislation, international cooperation and measures of adaptability that will improve the situation dealing with the new cyber threats. The results point to the necessity of 'anticipatory' changes in legal terms for the sphere of digital security as a way for the post-industrial society to be on a path toward new safety within the context of emerging dangers.

This study aims to understand the interplay between personality trait, work-life balance and mental wellbeing and their holistic impact on an individual’s life. Personality is formed collectively utilizing unique pattern of thoughts, behaviour and emotions that affects how people navigate various life events. This research focuses on the trait approach, especially the Big Five personality trait (OCEAN model), to understand their part influencing balance in the professional as well as personal lives and mental well-being. The findings shows that the ability of an individual to manage work and life hassle maintaining their mental wellbeing is shaped by their personality traits. Therefore, by integrating the theoretical perspectives, this study provides a thorough insight of personality’s influence on mental health and work-life fusion. The study also highlights the need for workplace interventions curated according to different personality traits, specified work roles for handling managing stress and improving mental health. Understanding this dynamic has become crucial for a prosperous life in today’s fast paced and tough world.

In the context of Canadian political organization, political parties assume the crucial role of protecting representative democracy, and therefore the society at large. The Canadian political culture has been significantly influenced by the Liberal and Conservative parties and more recently by the NDP in the past few decades. Furthermore, globalization has had an impact on the way political parties operate. They break down modern day society's multiplicity of interest into simpler coherent units. They inform the society, act as lawful and organized channels of criticism and bring about transformations. The introduction of the representative conventions to select party leaders in Canada has greatly influenced its politics in that, leadership became one of the defining factors of intra party discipline and winning elections. Women’s political representation in Canada has changed somewhat largely as a result of more women being elected to parliament recently. That said, women still contend with a number of obstacles including the lack of gender diversity among cabinet members and the underrepresentation of women in leadership positions. The Liberal Party has been steeped in reformist traditions and this has seen a steady rise in female members of the party thanks to the Women’s National Liberal Commission and gender sensitive cabinets under PM Justin Trudeau. The key policies that the liberals have placed great value on include, but are not limited to, the Canadian Charter of Rights and Freedoms as it stands in support of liberty, equality and freedom. However, the Conservative Party which has been one of the prominent parties in Canada also has been criticized for turning a blind eye when it comes to women’s affairs especially during the administration of Stephen Harper from 2006 to 2015. Their policies such as the strict budget for women’s programs and the lack of funding for childcare provisions showcased a lack of effort in-raying gender equity policies. However, various Conservative governments in the past have actively engaged in policy formulation for social welfare and human rights, although women joined politics in smaller numbers. It has always been the NDP which has been at the forefront in trying to tackle women related problems, putting forward women candidates and educating people on discrimination against women. It has been consistency that has helped NDP in putting issues related to poverty, sexism, and gender imbalance on the agenda of several discussions, therefore making it possible for women to have a stronger voice in Canada. Canadian politics has transformed from 1984 to 2015 with women at the center of it, but there still exists a gap. Women are often the nominees in constituencies that are perceived to have little chances of winning or are given junior ministries. The Talk by Trudeau concerning gender proportionality made a difference, but there still are issues out there regarding women and their positions, especially in important areas such as defence.There is a consistent growth of representation for the Liberals, which is not the case for the Conservative Party which has been increasingly depriving emphasis on women’s issues. The NDP’s activism persists in stressing the need to keep working towards actual gender equilibrium in the institutions of the Canadian political system.

In India, the LGBTQ+ community has gone through a difficult yet transforming path for equality. This article looks at the community's ongoing problems and important legal breakthroughs. An important turning point in LGBTQ+ rights was reached in 2018 when the historic Navtej Singh Johar v. Union of India ruling decriminalised homosexuality. In a similar vein, transgender rights were acknowledged in National Legal Services Authority v. Union of India (2014), upholding their self-identification and dignity. But there are also enduring problems, like as assault, societal stigma, and the lack of legal acceptance of same-sex unions. The latest Supreme Court ruling recognised the rights of transgender people to marry under current rules and queer people to cohabitate, but it rejected the legalisation of same-sex weddings, citing legislative prerogative. The court suggested steps to shield LGBT people from police pressure and domestic abuse, even while it denied adoption rights and other legal rights. Even though there are many obstacles in the way, action, lobbying, and changing public perceptions point to a bright future. The article emphasises that in order to attain complete equality for the LGBTQ+ population in India, extensive legislative reforms, societal acceptance, and political activism are required.

With the object of accessible and speedy justice to all the citizens and also by considering the long-standing inadequacy and inefficiency of archaic criminal laws, the parliament of India introduced three pivotal criminal laws i.e. Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam to overhaul The Indian Penal Code-1860, The Code of Criminal Procedure-1973 and The Indian Evidence Act-1872 respectively. With this discernible effort to get rid of century old colonial criminal era mindset and to uplift the provisions of Indian Constitution, new criminal laws were made effective from 1st July, 2024. To overhaul century old criminal justice system, various committees suggested reforms to the system, which specially includes, Vohra Committee (1993), Malimath Committee (2003), Madhav Menon Committee (2007), etc. Amongst them, major reforms to the criminal justice system in India were envisioned by Justice Malimath Committee through its 158 recommendations in 2003. Though, few of the recommendations were considered and new provisions were introduced in earlier criminal laws, the purpose was not fully accomplished. These reforms, by introduction of new criminal laws in the criminal justice administration will have a profound impact on law enforcement agencies, judiciary and common public. These new enactments are remedy to a long pendency of trials and procedural hurdles while investigation. With an innovative step to investigate alleged offences with imprisonment of seven years or upwards through forensic team will have a positive impact on India’s criminal justice administration. These recent laws are expected to bring liberalization and modernization under the criminal justice system of India.

This study critically investigates the complex relationship between same-sex marriages, legal recognition, and social justice in India, situating it within the country's cultural, historical, and legal framework. While the legalization of homosexuality under Section 377 in 2018 was an important step forward, the campaign for marital equality remains divisive and unresolved. Same-sex couples in India continue to endure systematic legal and societal limitations, such as a lack of marriage recognition, adoption rights, inheritance, and access to other spousal benefits. This denial feeds a culture of exclusion, weakening the constitutional guarantees of equality, dignity, and personal liberty. The study adopts a doctrinal approach, examining a diverse range of secondary sources including legal texts, scholarly publications, and international frameworks. It examines the historical influences of colonial laws that stigmatized homosexual relationships and compares them to India's ancient traditions, which demonstrated a more inclusive understanding of gender and sexuality. This paper highlights the relevance of the Supriyo case and evaluates the Supreme Court's nuanced decision, which maintained same-sex couples' rights to cohabit and live without prejudice while deferring recognition of same-sex marriages to legislative action. The study places India's problems in a global framework by citing initiatives like the United Nations Free & Equal campaign and the Yogyakarta Principles. It demonstrates how international viewpoints emphasize the need for human rights protections regardless of sexual orientation, while also acknowledging the challenges of establishing uniformity across varying legal and cultural contexts. Further, the paper contends for marriage equality as a pillar of social justice, underlining that legalizing same-sex marriage is not just a matter of individual rights, but also a societal necessity. It contends that accepting varied family structures helps promote an equal and inclusive democracy. By eliminating legal and social impediments, India may move toward a future in which all individuals' dignity and rights, regardless of sexual orientation, are protected.

The Bhartiya Nyay Sanhita 2024, a landmark legislation aimed at reforming India's criminal justice system, has been hailed as a significant step towards modernization and improvement. However, a critical analysis of the legislation reveals both strengths and weaknesses. This paper examines the Sanhita's provisions, highlighting its progressive measures, such as the incorporation of digital evidence and online harassment laws, as well as its limitations, including the lack of clarity on police accountability and the potential for misuse of certain provisions. The Researchers also explore the Sanhita's impact on marginalized communities and its ability to address systemic issues driving recidivism. Ultimately, this paper argues that while the Bhartiya Nyay Sanhita 2024 represents a positive step towards reform, its effectiveness depends on addressing its weaknesses and ensuring robust implementation mechanisms. The Bhartiya Nyay Sanhita 2024, a comprehensive legislation aimed at reforming India's criminal justice system, has been hailed as a significant step towards modernization and improvement. However, a critical analysis of the legislation reveals both strengths and weaknesses. This paper examines the Sanhita's provisions, highlighting its progressive measures, such as the incorporation of digital evidence and online harassment laws, as well as its limitations, including the lack of clarity on police accountability, inadequate attention to marginalized communities' concerns, and the potential for misuse of certain provisions. The study also explores the Sanhita's impact on the administration of justice, including its potential to reduce judicial backlog and improve conviction rates. Furthermore, it assesses the legislation's ability to address systemic issues driving recidivism, such as lack of rehabilitation and reintegration programs. Ultimately, this paper argues that while the Bhartiya Nyay Sanhita 2024 represents a positive step towards reform, its effectiveness depends on addressing its weaknesses and ensuring robust implementation mechanisms. Recommendations for improvement include clarifying provisions, introducing robust accountability mechanisms, and prioritizing marginalized communities' concerns. This paper contributes to the existing literature on criminal justice reform in India by providing a comprehensive analysis of the Bhartiya Nyay Sanhita 2024 and offering concrete recommendations for improvement. Its findings have implications for policymakers, legal scholars, and practitioners working towards a more just and equitable criminal justice system in India.

India, the world's largest democracy, faces a long-standing issue that threatens its democratic core: the influence of money in politics, especially during elections. The nexus between politics and money has evolved into a complex problem, deeply embedded in the system. Corruption tied to campaign finance and political funding hinders the effectiveness of governance, leads to compromised policy decisions, and hinders social development. This article explores the roots of this issue, its manifestations in Indian elections, and potential approaches to curbing election-related corruption.

The Bharat Nyaya Sanhita (BNS) is a codified penal law, which aims to consolidate and modernize all the laws within its socio-legal framework. Its 5th Chapter, which deals with offences against woman and children, incorporates the traditional patriarchal norms, thereby legally codifying them. The “Offenses Against Woman and Child” chapter serves as a lens through which we could examine the way women have been persistently treated in our society, irrespective of all the progress that we have made throughout the years, fundamentally remains the same. While the provisions contained under this chapter aim to protect women, their flaws result in controlling them, and treating them as a property. Section 84 of the BNS while ostensibly aims to protect the sanctity of marriage, reinforces patriarchal structures, objectifies women, and reduces them to being their husband’s property. This paper examines Section 84 in detail, explores the history and evolution of laws relating to marriage, particularly the laws that criminalized adultery before the BNS came into force, and advocates for a more progressive and equitable approach to addressing offences relating to personal law.

Women’s empowerment is a key driver for achieving gender equality, enhancing social status, and fulfilling family and societal goals. However, despite notable progress, women continue to face systemic inequalities, particularly in accessing education, employment, and political representation. These challenges are often rooted deeply entrenched gender norms and cultural barriers that restricts women’s full participation in various sectors. Education serves as a powerful tool for empowering women, offering them the knowledge, skills, and confidence needed to make informed choices and improve their socio – economic status. This paper explores how education empowers women to challenge gender – based violence, secure reproductive rights, and play active roles in the workforce and political spheres. It also examines critical legal frameworks, including national policies and international conventions, that promote gender equality and the right to education for women. Through case studies and landmark rulings, such as Vishaka v. State of Rajasthan, this paper highlights how legal and educational interventions have led to positive outcomes in women’s empowerment. This paper also suggests practical remedies, advocating for legal reforms, social shifts, and increased investment in education to promote a more equitable society. By addressing these issues, women’s empowerment through education can bring lasting change, fostering a more just and inclusive future.

First of all we need to understand the meaning of trademark before understanding how can trademark infringement affects the environment and related problems respectively. Also we will be looking into some case laws which are important from the perspective of the understanding of the viewer’s respectively in order to understand the topic in depth. So basically it starts with the onset of the industrial revolution wherein it can be observed that the increase in the production and distribution of goods basically requires the emergence of trademark law and at the same time every manufacturer has therefore been producing a line of different products respectively. In order to maintain a balance between environment and trademark related activities in today’s changing world and so the paper discusses about this principle. As Trademark and the IPR Sector is growing at a robust pace, so the environmental problems related to it is gradually increasing and more importantly as we all know that regions of India such as North- East India, Uttarakhand, Southern India , Western Ghats, Eastern Ghats, Chota Nagpur Region, Jammu and Kashmir are quite sensitive so we can observe that trademark infringement in these regions becomes quite problematic in relation to trademark related environment problems as they are quite sensitive in nature. Loss of revenue: Failing to protect intellectual property can lead to lost revenue. Legal issues: Trademark infringement can lead to legal issues. In India, the penalties for trademark infringement can include civil and criminal penalties, such as up to three years in prison and a fine of ₹2 lakh. Misleading consumers: Trademark infringement can mislead consumers into thinking that a product or service is environmentally friendly when it is not. For example, the EUIPO recently denied registration of the trademark “Sustainability through quality” because it was not considered to be an indicator of commercial origin. Under Section 135 of the Trademarks Act, 1999 it can be observed that one can initiate a legal proceeding in order to pass off or in relation to infringement of the trademark. It can be observed that in trademark infringement cases, although trademarks basically serves as an indispensible assets which mainly encapsulates the identity, reputation as well as the goodwill of a brand but it should be kept in mind that the landscape is not without its challenges and so the small businesses often find themselves navigating the intricate realm of trademark infringement cases respectively. We shall be studying more about the issue in detail through case laws, provisions given under Trademarks Act related to infringement and more importantly would like to conclude our article through suggestions and possible solutions.

Internal investigations are part of the fabric of corporate governance. They ensure that organizations remain transparent, accountable, and fair. The issues covered include corporate fraud, corruption, sexual harassment, and compliance failures, thus protecting stakeholder interests and strengthening organizational integrity. Traditional manual techniques lead to inefficiencies, data silos, and human errors when implementing internal investigations. In comparison, modern, AI-based techniques are increasingly applied due to technological advancements within a company. Automation increases efficiency and ensures confidentiality while decreasing risk, simplifying data analysis even for large datasets with many complexities. Tools such as digital forensics and data analytics play a critical role in identifying patterns, predicting risks, and maintaining compliance with stringent laws like GDPR and the Whistle Blowers Protection Act. Key regulatory frameworks in India include the Companies Act, SEBI regulations, and the POSH Act which mandates robust internal investigation mechanisms. Data overload, cybersecurity risks, compliance complexities, and resistance to new technologies create hindrances in an effective investigation. AI deals with all these issues through increased compliance, better management of data, and more potent cybersecurity. Modernizing internal investigations is a must for cost savings, improved risk mitigation, and long-term sustainability in the face of a rapidly evolving business environment. By integrating AI and automation, organizations can transform their investigative processes to uphold corporate governance principles while protecting their reputation and stakeholder interests.

This study critically examines the dynamic interplay between international trade law and environmental regulation, with a focus on landmark agreements such as the USMCA and CAFTA-DR, which embed enforceable environmental provisions. The World Trade Organization (WTO), through instruments like GATT Article XX and the Committee on Trade and Environment (CTE), continues to integrate environmental concerns into the global trade agenda. The 2022 Fisheries Subsidies Agreement, aimed at curbing harmful subsidies, and the 2024 Thirteenth Ministerial Conference, which reaffirmed commitments to sustainable development and gender equality despite failing to reach a new consensus, highlight the ongoing challenges. Additionally, UNCTAD’s contributions emphasize the critical need for aligning trade with sustainable development goals, particularly in developing nations. Concerns raised by UNEP about the insufficient integration of environmental provisions in trade agreements further underscore the urgency for stronger global action. Reports from the U.S. Trade Representative emphasize the continued efforts to harmonize trade policies with environmental objectives. This research explores the growing impact of international trade on environmental governance, focusing on key challenges such as climate change, pollution, and biodiversity loss. By analyzing WTO reports, CTE outcomes, and UNCTAD’s findings, the paper advocates for comprehensive reforms in trade law to ensure a balance between economic growth and environmental sustainability. The study concludes with actionable recommendations aimed at promoting sustainable trade practices that address global environmental challenges while fostering economic resilience.

The revolutionary wave of AI has brought this innovation to many industries; it has changed healthcare quite significantly with the evolution in machine learning. The concept of learning from data and taking decisions individually through AI systems increases diagnostic accuracy along with personalizing the drug plan. For example, Google's DeepMind and Project Hanover by Microsoft showed how AI detects cancer tissues and develops customized drugs combinations for diseases such as Acute Myeloid Leukemia. While AI has demonstrated potential to exceed human capabilities, the dependence of AI on reinforcement learning brings new challenges. Unlike traditional AI models, reinforcement learning enables AI to learn from past experiences and adjust autonomously. This feature brings liability issues in medical malpractice cases. If AI systems provide superior diagnostic accuracy, non-utilization by healthcare providers may lead to claims of negligence. At the same time, dependence on AI carries risks unpredictable errors or transparency in the decision-making processes that might undermine patient care and push traditional legal doctrine to their limits. In future, malpractice law may end up dictating AI in standard care and change everything in health care practice. All the same, over-reliance in obscure AI, which was never intended as such, should be discouraged through powerful legal and technical solutions.

Deepfake technology, which uses artificial intelligence to create hyper-realistic, digitally altered content, has raised significant concerns globally due to its potential for misuse in areas like political manipulation, defamation, and revenge porn etc.. In India, the lack of specific legal provisions targeting deepfakes creates a critical gap in addressing the harm caused by these malicious digital creations. This paper explores the legal landscape in India, analysing existing laws such as the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023, while also examining global approaches to combating deepfake crimes. The paper highlights the challenges in detecting and prosecuting deepfakes, including technological limitations, jurisdictional issues, and the balancing act between freedom of speech and regulation. Case studies, such as the use of deepfakes in defamation cases in India and international efforts like deepfake laws, offer valuable insights into potential solutions. The paper concludes with proposals for strengthening India’s legal frameworks, focusing on the introduction of specific legislation, technological solutions, law enforcement training, and public awareness campaigns. The ethical considerations surrounding deepfakes, particularly regarding privacy, consent, and the role of technology companies, are also critically examined. This study emphasizes the need for a comprehensive approach to addressing deepfakes, aligning legal, technological, and ethical frameworks to protect individuals’ rights while promoting digital innovation.

Collective bargaining is a critical process in maintaining industrial harmony and ensuring workers’ rights are upheld. This paper examines the concept of collective bargaining and the significant changes introduced by the Industrial Relations (IR) Code 2020. It highlights the importance of collective bargaining in empowering workers, preventing industrial disputes, and fostering workplace stability. Furthermore, it compares the IR Code 2020 with the Trade Unions Act, 1926, emphasizing the advancements made in recognizing trade unions and addressing unfair labour practices. The paper concludes by underlining the progressive steps taken by the IR Code 2020 in enhancing the collective bargaining framework in India.

The Supreme Court of India plays a vital role in maintaining democracy and justice through Public Interest Litigation (PIL), which enables individuals to request judicial action in matters of public concern. This mechanism has expanded access to justice and held the government and powerful entities accountable for systemic injustices. PIL originated in the late 1970s, influenced by global judicial activism, with significant cases like Hussainara Khatoon vs State of Bihar bringing attention to the issues faced by undertrial prisoners. Influential figures such as Justice P N Bhagwati have contributed to the development of PIL jurisprudence by highlighting the courts’ responsibility to protect fundamental rights. The court’s proactive stance has tackled social injustices, environmental issues, consumer rights, and the needs of marginalized groups. The growth of PIL has empowered citizens and led to policy changes, including the Right to Information Act, 2005, and social welfare initiatives like the Mid-Day Meal Scheme. However, there are criticisms regarding judicial overreach, potential misuse of PIL, and the need to balance legislative and judicial functions, which calls for improved case screening and management. The future of PIL hinges on addressing these issues, enhancing transparency, and fostering communication between the judiciary, legislature, and civil society. In response, the court has set guidelines for filing PILs to filter out frivolous cases and protect its integrity. As the Supreme Court confronts contemporary challenges such as climate change, technological progress, digital privacy, and LGBTQ rights, it must adapt while adhering to constitutional limits. PIL has profoundly influenced Indian society by advocating for the public interest and promoting a fairer society. The Supreme Court’s dedication to justice and equity through PIL has made a significant impact, but ongoing efforts are necessary to ensure its effectiveness amid evolving challenges. The future of PIL relies on vigilance against misuse, heightened legal awareness, and the court’s capacity to respond to changing societal dynamics.

The O.J. Simpson case, one of the most iconic trials in American history, brought to light the complexities surrounding forensic evidence and its role in the judicial system. In this essay, I explore how forensic evidence, often perceived as an objective standard in legal proceedings, can be manipulated and interpreted through narrative construction. Using the O.J. Simpson case as a focal point, I examine the interplay between jurors and forensic evidence, highlighting the impact of public perception, media sensationalism, and human fallibility. The essay delves into the challenges jurors face when trying to comprehend and critically evaluate forensic testimonies, underscoring the limitations of forensic evidence as both a sword and a shield in the pursuit of justice. Through a psychological lens, it investigates the influence of implicit biases and expectations on juror decision-making, revealing the nuanced and multifaceted nature of how forensic evidence shapes perceptions of guilt and innocence.

The paper analyses the development of laws regulating online content in India. The objective is to draw attention to the difficulties and obstacles involved in the regulation of online content. The paper presents an argument for the implementation of online content regulations. The purpose of these regulations is to safeguard individuals from potential harm, as well as to address economic concerns such as protecting intellectual property rights and promoting fair competition among businesses. The article highlights the potential drawbacks of regulating online content, such as the risk of censorship and unforeseen outcomes. It suggests that any regulation should be based on the principles of transparency, accountability, and protection of individual rights. The paper offers an analysis of the challenges involved in regulating online content in India, highlighting the intricate nature of the issue. It emphasises the importance of adopting a measured and nuanced approach to address the matter effectively.

In the age of Industry 4.0, technology has become integral to various sectors, including tax administration. In India, the Central Board of Direct Taxes (CBDT) has embraced digitalization to enhance transparency, efficiency, and fairness in the income tax system. The COVID-19 pandemic further accelerated the shift towards digital platforms, transforming the way tax processes are managed. However, this transition is not without its challenges. Taxpayers, administrators, and other stakeholders face several technical and procedural hurdles. This paper explores the key challenges in India’s digitized income tax administration, including issues with the Income Tax Portal 2.0, inconsistencies in the Annual Information Statement (AIS) and Taxpayer Information Summary (TIS), the proliferation of online portals, privacy concerns related to PAN-Aadhaar integration, and technical glitches in the e-PAN system. It also examines outdated demand and refund adjustments by the Centralized Processing Centre (CPC), inefficiencies in the online grievance resolution mechanism, and complications arising from faceless assessments and reassessment notices. Emerging challenges in this rapidly evolving landscape are also analyzed. The paper concludes by suggesting practical solutions to address these issues, aiming to improve the digital tax administration framework in India.

This research paper aims to study & focus the critical aspects of maritime security, which includes safeguarding ships and marine operations from threats such as piracy, terrorism, smuggling, pollution, and illegal fishing. And for addressing these challenges, it requires systematic planning, inspections, and effective oversight. As the maritime industry develops and technology also advances, the importance of staying updated with emerging threats becomes increasingly evident. Since the 9/11 attacks, global attention has shifted toward enhancing security at sea and in ports, leading to the creation of international and domestic policies. Given the massive volume of goods transported globally, preventing the misuse of maritime systems remains a top priority. This study also emphasizes that ensuring security is a shared responsibility, extending beyond designated safety officers to the entire crew. Proper training and awareness are essential for reducing risks and fostering a culture of security. The findings aim to highlight the role of collective efforts in protecting vessels, ensuring safe operations, and supporting the growth of the global maritime industry.

Section 377 of the Indian Penal Code 1860, which criminalised homosexuality, was struck down by the Supreme Court of India in 2018, which opened up new relationship possibilities for those who had been forced prior to hide their sexual orientation. However, the deep rooted hatred and prejudice against the LGBTQ community within the society, prevented many from being true to themselves even after their rights were recognised. Amidst this social evolution, there were a few brave souls who decided to embrace their sexuality and unfortunately faced backlash not just from the public but also from their own families. In fact, in 2019, just a few months after the landmark judgment, a Kolkata based gay couple were forced to leave home as they were threatened of honour killing by their relatives and neighbours. Interestingly, most of the definitions of honour killing refers to killing of a woman who has brought shame to the family by the family members, making it seem like only a gender based crime although it is shown to affect different sexualities too. It is pertinent to note that horrors of honour killing are not a novel concept in India where religion, caste and patriarchal ideas have deep roots, but this bizarre method of socially accepted punishment have started to extend its claws towards ideas of sexuality and gender identity. This paper thus concentrates on the concept of honour killing as against the LGBTQ community in India in the historic and present perspective and tries to formulate a suitable solution for addressing this emerging social issue.

Abuse against Senior Citizens is a universal issue and most of the governments are in the process of prevention of all kinds of those activities and protection of elderly rights. India is no exception to this. Right from ancient times, rulers as well as law makers had been tackling these issues as effectively as possible. In modern India too, the Constitution Of India, Indian Penal Code, Criminal Procedure Code , Senior Citizen act 2007, National Policy of Older Persons, 1999 were promulgated for protection of elderly And many welfare schemes are being implemented by Central and state governments in India presently. The types of violence are physical, mental, financial and social harassments. Many times, these harassments are not reported due to ignorance and lack of knowledge or lack of support system to the elderly. Even reported incidents sometimes are not being treated seriously as ought to be. This paper is a comprehensive study of all protective measure in a single nut shell and could be a ready reference for all the stakeholders in their relevant domains.

The Constitutional Court of Indonesia, formed as a result of the 1945 Constitution amendments, is an essential part in protecting constitutional supremacy and thereby advancing justice and democratic governance. However, its double role as both a judicial and quasi-legislative organ has raised arguments of judicial overreach and the erosion of separation of powers. The research intended to emphasize the importance of limiting the authority of the Constitutional Court in an attempt to maintain a balance in the system of governance of Indonesia and explores possible conceptions of such limitation. This paper adopts a normative legal research type, where both statutory and conceptual approaches are used. Legal principles, regulations, and decisions of the courts will be included, along with secondary and tertiary law materials. These findings bring to the forefront the need for judicial self-restraint in avoiding new legal norm-creation, how such powers may be effectively checked and balanced with the mechanisms of amendment to legislation, and increased coordination within institutions. The reforms advanced on this count aim to firm the Constitutional Court into a guardian of constitutional integrity with preservation of democratic principles like the separation of powers and the rule of law.

International Humanitarian Law (IHL) faces unprecedented challenges in modern armed conflicts which test its efficacy in protecting civilians and promoting humanitarian principles. This research examines the complexities of IHL in contemporary warfare and explores the intricate relationships between traditional frameworks and emerging realities. It critically analyzes the intersections of IHL with international human rights law and the impact of the rise of non-state actors. Through a comprehensive examination of treaties, and state practice, this study identifies opportunities for strengthening IHL and enhancing accountability for violations. It proposes innovative solutions to address these challenges, ensuring the protection of civilians and the promotion of humanitarian principles in modern armed conflicts.

The India-UAE Double Taxation Avoidance Agreement (DTAA), established under Section 90 of the Income Tax Act, 1961, aims to prevent double taxation and ensure equitable tax treatment. However, complexities like "double-dipping" — where taxpayers exploit legal ambiguities to claim deductions in both jurisdictions — pose significant challenges. This research examines the legal frameworks, judicial interpretations, and case studies, such as CIT v. Patni Computer Systems, to analyze the loopholes in the current taxation regime. Focusing on the India-UAE DTAA, the study critiques the efficacy of the "credit method" for tax elimination, which may inadvertently enable double-dipping. The paper offers recommendations to refine legislative and administrative mechanisms, including explicit prohibitions against double-dipping, enhanced collaboration between tax authorities, and robust taxpayer education. These measures aim to uphold the DTAA's integrity while fostering fiscal cooperation and preventing tax base erosion.

From the very inception of the judicial system, a court’s primary function has been one of discovery, affirmation, and establishing truth. Does the responsibility of the State towards the victim end with the registration of a case, its investigation, prosecution for conviction, and then sentencing? Does this extend further beyond that? Principles of fair trial under criminal jurisprudence pose requirements for justice not only to the accused but also to the victim. This requires a fine judicial balancing between the rights of the accused, the victim, and the interests of society. Justice must be restorative, rehabilitative to the victim, but reformative to the offender. Victims have a legitimate expectation of receiving financial compensation as well as rehabilitative support. Even when the legal system fails to identify the perpetrator or even gather enough evidence toward a conviction, the duty to compensate the victim is due. Though the states have implemented Victim Compensation Schemes in India but there is varying compensation amounts with respect to similar crimes in different victim compensation schemes which further leads to denial of their rights.

The foundation of India's economy and a major factor in its expansion is the unorganised work sector. But this workforce—which is mostly made up of contract labourers, daily wage earners, and the quickly growing gig economy—is subject to systemic exploitation, which includes low pay, unfavourable working conditions, and a lack of social security. The lack of legislative frameworks that adequately safeguard their rights—such as the freedom to form and join trade unions—as guaranteed by international human rights standards is one of the primary challenges. This article examines the shortcomings in the laws that safeguard unorganised labour, evaluates the need of bolstering trade union rights, and makes reform recommendations to guarantee that these workers can fully utilise their rights to collective bargaining and freedom of association.

Every court is required to review complaints to determine their admissibility. The present research paper examines the grounds for rejecting a plaint as well as the associated legal provisions. It supports each ground of rejection with thorough explanations supported by actual cases. The study highlights the importance of Order VII Rule 11, which lays down specific grounds for rejection of a plaint by a court. To protect the effectiveness of the legal process, Order VII Rule 11 intends to rapidly reject arbitrary and vexatious complaints. It makes sure that important court time and the defendants' attention aren't wasted on meaningless or unsuccessful litigation. Although the term "plaint" does not have a clear definition in the Code of Civil Procedure (CPC), it holds legal prominence. Plaintiffs must follow certain guidelines or their plaint may stand rejected. The primary emphasis is on the particular grounds listed in Order VII Rule 11 that result in rejection of a plaint. This rule is a procedural rule that also ensures the adequate application of the Court Fees Act of 1870. This paper explores the complexity of plaint rejection in judicial procedures.

The introduction of the sunset clause in India’s GST anti-profiteering provisions has raised critical questions about its impact on market behaviour, consumer rights, and regulatory effectiveness. This study evaluates how the clause affects the enforcement of anti-profiteering measures, explores the adequacy of alternative mechanisms post-sunset. It highlights the potential challenges in ensuring compliance and protecting consumer interests while reducing regulatory burdens. The article provides a balanced approach, including transitional frameworks and technology-driven monitoring, to address gaps and ensure equitable economic outcomes.

Our Indian laws are rooted in the sources called customs and usage, which means a group of people follows a certain set of traditional practices and usages for a long period of time. By using this, personal laws were derived. Personal laws mean the laws of individuals in matters relating to marriage, divorce, adoption, succession, inheritance, guardianship, etc. Every individual in this society follows a certain set of rules and regulations for their marriage based on their personal laws, which leads to polygamy and child marriage. This kind of practice shows that the society is functioning in a non-uniform way. Personal laws are highly discriminatory towards society, so to remove this kind of discrimination, a Uniform Civil Code is needed. UCC is defined under Article 44 of the Indian Constitution. In simple words, UCC means ONE NATION, ONE SOCIETY, ONE LAW. A Uniform Civil Code will be a key to abolishing discrimination, polygamy, child marriage, etc.

Internet blackouts have become a controversial issue in India, and questions surrounding their implications for freedom of the media, the public's access to information and accountability of democracy are taking centre stage. This paper explores the legal, social, and political dimensions of these shutdowns, positing that they often function as mechanisms of control rather than sincere responses to security worries. Through an analysis of India’s legal framework (the Telegraph Act, 1885, and Section 144 of CrPC), the paper demonstrates the lack of judicial oversight and procedural safeguards that allow for arbitrary use of blackouts. Based on comparisons with the levelling of international best practices in democracies such as the United States, the European Union, and Brazil, this research examines how to strike the right balance between national security and digital rights. Also needed are judicial pre-authorisation, legislative reforms and the establishment of independent oversight bodies to ensure transparency and accountability; make the process public. Key recommendations include judicial pre-authorisation, legislative reforms, and the establishment of independent oversight bodies to ensure transparency and accountability; make the process public. The paper uses selected case studies, such as the Jammu & Kashmir lockdown and the farmers protests, to highlight how internet shutdowns not only obfuscate the role of the media as the Fourth Estate and disrupt public discourse but also detach citizens and dilute the democratic architecture. This paper argues for an affirmative vision of internet governance consistent with global human rights standards to ensure that the internet remains an enabler of expression, not an enforcer of repression.

This paper aims to assert that when the development of globalization is premised on adequate legal instruments and new technologies, it is quite possible to protect traditional knowledge and guarantee its reasonable and appropriate utilization. The process has enhanced the propagation of data in the global culture and hence has dangers like biopiracy and cultural imperialism. But it also comes with some benefits for enhancing the safeguard of Indigenous knowledge within the context of cooperation in the international arena legal norms and standards and innovative technological inventions like the blockchain and artificial intelligence. They can help in the way keeping cultural information and defending Indigenous people’s rights from being infringed upon and satisfied that they do not need any recompense. This paper provides an analysis of how current international and national laws have failed to adequately protect traditional knowledge, which is communal and intergenerational, and suggests the need for more harmonized approaches. Finally, this paper calls for shaping the globalization process as a process of saving and implementing cultural and traditional knowledge into Globalisation as the occurrence which supports diversity and equal opportunities.

Under British regime, Bengal being the place of culture and heritage had always been considered a centre of legal administration. Even before the colonial era, the shadow of modern thoughts and advanced theories in legal field started to be prominent in the undivided Bengal. History speaks very loudly that the age-old culture in socio-legal aspect was profound and rich in the soil of Bengal. A semblance of different religion as well as different policies of different rulers had created an unparallel and unique legal atmosphere in Bengal, where the principles and finer values of old Hindu legal philosophy and Islamic legal jurisprudence were deep-rooted. While the East India Company came into the scene, very naturally, the presence of them had also made an impact in Bengal’s legal culture. This research paper sticks its focal point on the specific issue of ‘insanity defence’ and its related medico-legal discourse in colonial Bengal during a particular period with a special reference to the Nizamut Adawlut. Basic research objective here is to explore the history and historicity related to insanity defence under the superior criminal court in colonial Bengal under pre-Indian Penal Code era. The exploration within a specific period of time is vital in the sense that the legal context related to non-compos mentis and insanity defence was chaotic at that time and after the coming into force, Section 84 had settled down all the chaos. Therefore, the legal analysis on this path during few years in Bengal will lead the readers to understand the entire process of evolution of insanity defence.

The concept of “One Nation, One Election” (ONOE) seeks to streamline India’s electoral process by conducting simultaneous elections for the Lok Sabha, State Legislative Assemblies, and local bodies. This policy, while conceptually appealing due to its administrative and economic benefits, raises critical debates around its constitutional implications and practical feasibility. Historically, simultaneous elections were the norm in India until political instability in the late 1960s disrupted this synchronization. Recent legislative developments, including the introduction of the Constitution (One Hundred and Twenty-Ninth Amendment) Bill, 2024, signal the government’s intention to institutionalize this model. Advocates argue that ONOE can significantly reduce electoral costs, minimize policy paralysis caused by frequent impositions of the Model Code of Conduct, and enhance voter participation. Economically, the policy could foster stability, with projections suggesting a potential GDP growth boost. However, critics highlight its challenges, including risks to free and fair elections, centralization of power undermining federalism, and marginalization of regional parties in a consolidated electoral framework.The policy necessitates constitutional amendments to Articles 83, 172, 85, 356, and others to align election cycles and address contingencies like government dissolution. Furthermore, creating a unified electoral roll and synchronizing electoral machinery across levels of governance present substantial logistical hurdles. Globally, simultaneous elections are practiced in countries like South Africa, Sweden, Indonesia and Germany, each with distinct operational models. These examples offer valuable insights but underscore the need for meticulous planning and adaptation to India’s unique democratic and federal structure.While ONOE promises a transformative approach to electoral reforms, its successful implementation depends on achieving a robust constitutional framework, political consensus, and safeguarding democratic principles. The proposal remains a double-edged sword—poised between efficiency and the risk of eroding India’s electoral ethos.

One of the most fundamental aspects of life is “Gender Identity”. Sex of person assigned to him at the time of his birth becomes a legal fact from that very moment. “Biologically” and “Naturally” sex is expressed into two categories as men and women. It might happen in certain cases that the sex assigned to an individual after his birth does not correspond to the pattern of life that he develops as he grows with regard to dressing sense and speech with time. Due to such modifications and distinctions in the bodily appearance and characteristics of a person, he is regarded neither as man or woman but a third gender called “transgender”. The group of people belonging to this “other’ class often experience discrimination, avoidance and harassment in every sphere of life. They face social exclusion and due to overcome the feeling of solitude, distress, neglect and agony they indulge in Prostitution and continue earning their livelihood to satisfy their economic and social needs. Globally, female prostitution has received significant research attention but less is known about transgender prostitutes and their unique needs. It is the duty of the State to secure the human rights and accord social protection to transgender by National and International Effort.

This article critically examines Nigeria's evolving data protection landscape, focusing on the transition from the Nigeria Data Protection Regulation (NDPR) of 2019 to the more comprehensive Nigeria Data Protection Act (NDPA) of 2023. The research analyzes how this legislative progression addresses previously identified regulatory gaps and aligns with global data governance standards, particularly the EU's General Data Protection Regulation (GDPR). Through comparative analysis of institutional frameworks, enforcement mechanisms, and compliance requirements, the study evaluates the NDPA's strengths and limitations in protecting individual privacy rights while fostering digital innovation. Key findings reveal that while the NDPA significantly strengthens Nigeria's data protection regime through the establishment of the independent Nigeria Data Protection Commission (NDPC), expanded data subject rights, and formalized cross-border data transfer protocols, substantial challenges remain in regulatory independence, judicial efficiency, and emerging technology governance. The article concludes by proposing forward-looking policy recommendations to enhance Nigeria's digital privacy framework, particularly in addressing AI governance, cybersecurity integration, and global data flow adequacy requirements to position Nigeria as a regional leader in data governance.