Issue Archive · Open Access
Volume VIII – Issue I / 2025
Articles · 141
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Anuradha Bhasin v. Union of India 2020: Navigating Civil Liberties and National Security in the Digital Era
Student at Jawaharlal Nehru University, IndiaPages 01 - 12This paper critically examines the jurisprudential evolution of digital rights within India’s constitutional framework through the landmark case Anuradha Bhasin v. Union of India (2020). Following the constitutional restructuring of Jammu and Kashmir, the Supreme Court’s intervention addressed fundamental questions regarding state power, democratic freedoms, and security imperatives in the digital age. The Court’s reasoning, anchored in the doctrine of proportionality, establishes a novel framework for evaluating internet restrictions while expanding the scope of Articles 19(1)(a) and 19(1)(g). Although the judgment stops short of establishing internet access as a fundamental right, it significantly advances the discourse on digital constitutionalism by mandating procedural safeguards, governmental transparency, and periodic review of restrictive measures. This judicial intervention not only recalibrates the security-liberty paradigm but also contributes to the emerging global jurisprudence on digital rights.955 views -
4.O Industrial Revolution with Artificial Intelligence (AI): An Analysis of Policies and Regulations
Assistant Professor (Senior Scale) at School of Law, UPES Dehradun, IndiaPages 13 - 27Every Sector is enhancing and developing their technologies to get maximum output, and actively embracing the implementation of Industry 4.0 (I4.0) concepts and technologies as much as they can, which offer the potential to achieve efficient and timely production by digitizing processes and utilizing intelligent machines. This transition is propelled by advancements in technology, such as Artificial Intelligence (AI) and machine learning, sensor networks and Internet of Things technologies, cloud computing, additive manufacturing, and the abundance of data that can be leveraged by these technologies. The use of AI has presented several significant obstacles in every sector, including data sensitivity, a shortage in technical abilities, interoperability issues, privacy concerns, and security challenges. This study analyses the policies and legislation of the United States, China, the European Union, and India. The inaugural AI regulatory guideline was provided by the Trump administration in the United States in 2019. The Plan of Next Generation AI Development 2017, presented by the State Council of China in 2017, presents a comprehensive outline of future AI policy and outlines the essential factors that Chinese officials should consider when executing departmental responsibilities. The EU government introduced the AI ACT 2023 in 2023. The primary objective is to safeguard essential rights, democracy, the rule of law, and environmental sustainability from the perils of high-risk AI, while simultaneously fostering innovation and positioning Europe as a frontrunner in this domain. The rule imposes responsibilities on AI based on its possible hazards and magnitude of influence. The developing Technologies Division of the Ministry of Electronics and Information Technology in India is actively engaged in supporting policy and strategy documents pertaining to developing sectors such as AI, Augmented Reality/Virtual Reality (AR/VR), Internet of Things (IoT), Blockchain, Robotics, Computer Vision, Drones, and others. However, India still lacks comprehensive regulatory frameworks. In the conclusions section, the authors give an analysis of India’s deficiency in implementing SI technology and highlight the necessity for India to adopt various methods from the European Union, China, and the United States.617 views -
Reconciling Cultural and Constitutional Morality in India: An Impact Analysis
LL.M. Student at the Central Law College, Salem, Tamil Nadu, IndiaPages 28 - 47The interplay between cultural and constitutional morality constitutes a substantial challenge within India’s pluralistic legal framework. Cultural morality—anchored in traditions, customs and religion—frequently conflicts with constitutional morality; this latter upholds the values of justice, equality, liberty and fraternity enshrined within the Indian Constitution. This research paper critically examines the evolving relationship between these moral frameworks, their legal interpretations and the broader socio-cultural implications. Tracing the historical background of constitutional morality and its conceptualization by Dr. B.R. Ambedkar, the paper explores its judicial evolution in India, alongside the judiciary’s role as custodian of constitutional principles. It further analyzes the legal recognition of cultural practices and judicial interventions that have challenged and, in some instances, redefined these practices to align with constitutional values. However, the complexities of this relationship necessitate a nuanced understanding, because the dynamics of cultural and constitutional morality are not static; they remain dynamic and continually evolving. Through an analysis of seminal cases such as Navtej Singh Johar v. Union of India (2018), Indian Young Lawyers Association v. State of Kerala (2018) and Shayara Bano v. Union of India (2017), this paper critically examines landmark rulings that elucidate the tension (and, indeed, the reconciliation) between cultural norms and constitutional mandates. The study highlights the importance of courts being aware, laws needing changes, and the public requiring information to lessen the gap between different moral views. It recommends a balanced approach that respects India’s varied culture while safeguarding individual rights and constitutional principles. The article ends with suggestions for encouraging discussion, enhancing understanding of the constitution, and ensuring modern legal changes to balance cultural customs and constitutional values. By carefully managing these conflicts, India can maintain its constitutional values without disregarding its diverse cultural background, promoting a fair and inclusive society.1,174 views -
Transfer in Perpetuity for the Benefit of the Public: A Critical Analysis of Waqf Properties
Student at Symbiosis Law School, Noida, IndiaPages 48 - 52The Transfer of Property Act of 1882 (hereinafter referred to as the Act) is a colonial statute enacted to govern the transfer of properties, movable and immovable, rights, liabilities, and interests attached to it. The assignment shall focus on the exception to the Rule Against Perpetuity, which is Transfer in Perpetuity for Public Benefit. By means of a case study of Waqf properties, a perpetual charitable endowment, the author in this article shall delve into the legalities of such transfers, highlighting the key judicial interpretations along with their social implications. Further, the author shall also identify misuse and challenges in the administration of such properties that undermine the intended public benefit. Furthermore, toward the end of the assignment, the author shall summarize her key research findings and provide suggestions for improving the execution of the laws for the betterment of society.718 views -
Nuclear Disarmament: Historical Context, Contemporary Needs and Strategies for Success in the 21st Century
Student at Kerala Law Academy Law College, Thiruvananthapuram, IndiaPages 53 - 59Nuclear disarmament has emerged as a critical global initiative aimed at ensuring peace and stability among nations, particularly in the aftermath of the catastrophic events of World War II. The atomic bombings of Hiroshima and Nagasaki serve as stark reminders of the devastating power of nuclear weapons, prompting world leaders to reconsider their arsenals and seek cooperative frameworks for arms reduction. The urgency of peacebuilding became clear as countries recognized that unchecked nuclear proliferation posed an existential threat not only to individual nations but to humanity as a whole. In this context, the commitment to nuclear disarmament has garnered significant support from a variety of stakeholders, including international organizations, governmental entities, non-governmental organizations (NGOs), and grassroots movements. The United Nations, especially through initiatives like the Treaty on the Non-Proliferation of nuclear weapons (NPT), has played a leading role in advocating for disarmament. The NPT, established in 1970 and renewed every five years during review conferences, seeks to prevent the spread of nuclear weapons, promote peaceful uses of nuclear energy, and advance global disarmament efforts. Moreover, contemporary discussions around nuclear disarmament increasingly address the intersectionality of disarmament with issues such as climate change, social justice, and human rights. As the global community strives for a safer world, it is essential to keep evolving strategies, ensuring that nuclear disarmament remains a priority on the international agenda. This paper thus explores the multifaceted nature of nuclear disarmament, focusing on its historical context, underlying motivations, tangible outcomes, and the contemporary strategies required to further advance this crucial endeavour.578 views -
Impact of Anti Market Behaviour on Consumer Rights in India
Advocate in IndiaPages 60 - 65The Competition Act study the sustainability of competition in market and on the other hand, Consumer law deals with the outcome of transaction between the seller and the consumer or buyer. The relationship between consumer and competition law is the primary subject of this study, which also outlines the common goal of both. Despite the fact that competition and consumer laws are different and cover different subjects, they both have the same goal, which is to safeguard consumers' interests. The reasoning behind consumer protection is necessary for the market and competition's benefit, as there are several criteria that could serve as the cornerstone of a law protecting consumers. The current study examines how competition law and consumer protection are related, how anti-competitive behavior affects consumers, and what legal repercussions the Competition Commission of India may face for alleged infractions involving unfair practices by businesses, combinations, and abuses of dominance. As we know consumer welfare is utmost aim of every policy. Nowadays the Competition between the market players is a major disadvantage to the consumer in last as they abuse their position which results in increase in price which in last will affect the consumer. The interests of consumers must come first if the state is to fulfill its objective of an open market. The Competition Commission of India must also stop any activities that can have a negative effect. This research examines how consumer protection and the rules of competition interact, as well as how anti-competitive behavior affects consumers.591 views -
Refoulement of Eritrean Refugees in Ethiopia: Examining the Geopolitical Shift in the Horn of Africa
Ph.D. Scholar at the National Law Institute University, IndiaPages 66 - 75The political dynamics in the Horn of Africa experienced significant transformations after the Pretoria Peace Agreement was established between the Tigray People’s Liberation Front (TPLF) and the Ethiopian government. Although the agreement aimed to bring an end to the devastating armed conflict in Ethiopia (2020-2022), it has been accompanied by a decline in Ethiopia's relations with Eritrea. Once an ally of the Ethiopian government during this armed conflict, Eritrea has now forged closer ties with Egypt and Somalia. This new political alignment is motivated by mutual grievances against Ethiopia, particularly Egypt's opposition to the Grand Ethiopian Renaissance Dam (GERD), which it perceives as a threat to its water security, and Somalia's claims of sovereignty violations stemming from Ethiopia's MoU with Somaliland, a self-proclaimed independent entity that Somalia regards as part of its territory. In the present context of increasing tensions, Eritrean refugees and asylum seekers living in Ethiopia are experiencing more significant vulnerabilities. Various reports highlight occurrences of refoulement and arbitrary detentions despite claims from the Ethiopian government that these Eritreans are involved in criminal activities and unregistered. This article examines the non-refoulement of Eritrean refugees in light of changing Horn Africa regional alliances. By analysing this dimension, the study found out that Ethiopia bears a legal obligation to protect Eritrean refugees and asylum seekers from persecution upon return to their home country, irrespective. Eritrea-Egypt-Somalia Alliance.699 views -
The IBC, 2016: A Framework for Balancing Competing Interests in Insolvency Proceedings
LLM student at KIIT School of Law, Bhubaneshwar, IndiaPages 76 - 82The corporate structure has many stakeholders, including suppliers, investors, creditors, and shareholders. It can be challenging to balance the interests of parties involved in procedures regulated by laws, such as bankruptcy or corporate governance. Legal frameworks, like the Insolvency and Bankruptcy Code, 2016 (IBC), are intended to balance the conflicting interests of many stakeholders, including creditors, employees, shareholders, and other interested parties while maintaining justice and transparency. Every stakeholder group has different priorities i.e. creditors emphasize debt collection, shareholders aim to maximize profits, and employees value job security. Legal codes offer a methodical approach that guarantees the systematic consideration of stakeholder interests. The challenge lies in balancing these divergent interests while upholding the sustainability, efficiency, and equality standards. Legal procedures must balance current claims with long-term sustainability to prevent any party from becoming unduly privileged. This often involves discussions, strategic decision-making, and adherence to regulatory rules, such as creditor committees or shareholder rights, to prevent the domination of more powerful stakeholders. Stakeholder management is dynamic and complicated due to the effect of the wider economic and regulatory environment on these activities. This short article examines case studies in corporate governance and bankruptcy scenarios to investigate the mechanisms within legal codes. It also emphasizes the significance of judicial monitoring, regulatory agencies, and transparent communication to achieve fair results that safeguard the interests of all parties concerned.850 views -
The Role of Lokpal in Combating Corruption and Enhancing Administrative Accountability in India
Student at CHRIST Deemed to be University, IndiaPages 83 - 98This research paper bears the title, The Roles of Lokpal in Fighting Corruption and Administrative Accountability in India. This paper, in detail, systematically looks at the potential of the Lokpal institution in the framework of achieving the objectives of curbing corruption and the enhancement of accountability in the Indian administration. Using descriptive as well as comparative analysis, the paper assesses how effective the Lokpal has been in strengthening accountability in administration coupled with the main challenges the Lokpal has encountered in its implementation. Inter alia, the paper compares the Lokpal with the systems of ombudsmen in the developed countries referring to the best practices that might help to make the desired changes to the Indian approach to fighting corruption. This paper, therefore, aligns the objective of this paper of empowering Lokpal with the principles of good governance and the need to fashion out a principles-based solution that will not only address the establishment of Lokpal but also the underlying reasons for corruption. Lastly, it recommends a multi-pronged approach, where the efficiency of accountability mechanisms, is accompanied by attempts at institution-building that would make the civil service more open and responsible.792 views -
The Inadequacy of Legal Frameworks in Personal Injury and Insurance Law
Student at Christ (Deemed to be) University, IndiaPages 99 - 111This research paper, titled The Inadequacy of Legal Frameworks in Personal Injury and Insurance Law, provides a critical examination of the existing legal structures governing personal injury claims and their interaction with insurance systems. Although significant improvements have been noticed in personal injury law, the present structures are ineffective to address the problems and realities of modern injury cases, particularly when compensation for pain and suffering, liability standards, and the influence of insurance companies on legal results are considered. This study presents a novel scope in examining how cognitive psychology impacts tort law, for the most part, left out of previous research. The psychological viewpoints that include integrating emotional factors on victims' experiences and judicial outcome forms the intention of this paper. It examines the ability of insurers to influence legislation relevant to the tort system. It concludes that, if account is taken of all these areas, insurance has been of vital importance to the law of tort. It identifies critical research gaps, including a lack of empirical data on jury awards and an incomplete understanding of non-economic damages across jurisdictions. Finally, it concludes with an advocacy for wholesale legal reform to place victim rights at the forefront and equitable compensation mechanisms to correct systemic inadequacies in personal injury and insurance law.495 views -
Review Presidential Mercy Powers: Implications for Justice, Society, and Government Accountability
Student at Christ (deemed to be) university, IndiaPages 112 - 124The grasp of the presidential mercy powers such as pardons, commutation of sentences or even reprieves, can be looked at to examine their ambit and function, and implications for the judicial system, societal values, and governmental discretion. Motives and patterns in execution mercy will be analysed from historical and current uses. It is one example of how these powers can be essential aids to justice but in so far as they can themselves give rise to some complications which directly enhance such challenges of fairness and consistency as it is to witness. The choice of mercy was used to determine its positive contribution, through the prevention of excessive punishment, and its harmful use when mercy contravenes judicial interpretation of sentencing, in which case it might cause people to perceive the exercise of discretion in favour of the state at the expense of the victim. It delivers how these mercy powers are, indeed, dynamic systems with public expectations of fair play, and some scrutiny of transparency and ethical implications of executive mercy. This increasingly important area of research is further highlighted by newer legislative mechanisms such as Bhartiya Nagarik Suraksha Sanhita, which has done away with the judicial review of presidential mercy decisions. The finding of this research is that without judicial supervision the whole of this complete freedom given to the executive to exercise mercy is allegedly bereft of any robust sandal between it and possible arbitrary employment and loss of confidence in the public in the justice system. For this reason, this paper contends that there must be discretion granted to mercy powers, but not without other necessary checks on judicial decisions, for mercy powers to serve as a necessary check on judicial decisions but the discretionary nature of those powers requires proper guidelines to ensure consistency and maintain public confidence. These insights serve as a foundation of conversation about how to build transparency and accountability of executive mercy that balances the humanitarian dimensions of mercy with the fundamental principle of justice.573 views -
Junaid Ahmed v. State of Uttar Pradesh
Student at City Academy Law College, University of Lucknow, IndiaPages 125 - 129The Supreme Court of India's judgment on the demolition of illegal properties (November 2024) addresses the critical issue of arbitrary state action, particularly the demolition of properties linked to suspected criminal activities without adherence to due process. The Court condemned such actions, emphasizing the need for compliance with constitutional guarantees of equality and personal liberty. It further provided guidelines to ensure transparency, accountability, and the protection of vulnerable communities. This case is a milestone in reinforcing judicial oversight over executive discretion and upholding fundamental rights.706 views -
Female Infidelity in Mass Media: Reflection of Patriarchal Mindset or Harbinger of Societal Change?
Student at Indira Gandhi National Open University, IndiaPages 130 - 135The topic of female infidelity evokes strong sentiments in Indian society - marred with stigma eliciting severe critical judgment it is considered a crime and a threat to the deeply entrenched existing patriarchal social structure. Women in India for long have been treated as a property of not only the man but of the entire community and her disloyalty is perceived as a betrayal of not only the husband but the entire family and clan. In this backdrop, the portrayal of this extremely sensitive topic in Indian mass media i.e. cinema, television, and OTT is simultaneously a reflection of the prevalent patriarchal norms of society while having the potential to become a tool for influencing and morphing societal attitudes. This article would begin by defining female infidelity through legal frameworks, socio-cultural and religious beliefs highlighting the feminist perspective about it. It would then proceed to analyze the depiction of female infidelity in mass media dwelling on the reasons depicted which lead women towards other partners. The article would proceed to critique the mass media's approach to the depiction of the culmination of such relationships from a feminist perspective. The article would also attempt to juxtapose the treatment of male infidelity in mass media, with the man often depicted as virile and macho as he is ‘handling’ two women simultaneously, This article is an attempt to examine the relationship between the desired legal and social reforms and the potential to harness the influence of mass media in shaping public opinion contributing to a more progressive conversation about women's rights and autonomy. The article concludes with recommendations for filmmakers to adopt storytelling norms which embraces female autonomy so that mass media can promote societal change and contribute to a more just and equal society.1,224 views -
Regional Mechanisms of Human Rights
Student at Central University of South Bihar, IndiaPages 136 - 149Regional human rights systems are vital for promoting and safeguarding human rights and freedoms based on regional contexts. These systems provide platforms for individuals or groups to challenge domestic court decisions and hold government accountable for human rights violations. Europe, Africa and America have well-established mechanisms like the European Convention on Human rights, the African Charter on Human and Peoples’ Rights, and the American Convention on Human Rights. Although these systems are effective, they face challenges such as implementation gaps and regional resistance. The absence of strict enforcement bodies often hinders the smooth application of human rights instruments. Consequently, states need to develop internal mechanisms for effective compliance and enforcement beyond mere treaty ratification.946 views -
Pages 150 - 160The stock exchange is a cornerstone of the global economy. It enables capital formation, investment, and economic growth. It serves as a dynamic platform where investors and companies interact, driving financial activities worldwide. Among its key participants are intermediaries, who act as facilitators, brokers, and advisors in the trade of securities. Their roles are indispensable in ensuring the smooth functioning of markets, providing expertise, and connecting buyers with sellers. Legal frameworks governing the activities of intermediaries are critical to maintaining transparency, fairness, and efficiency in stock exchanges. These frameworks define the responsibilities and obligations of intermediaries, ensuring adherence to ethical standards and regulatory compliance. They also safeguard investor interests by promoting accountability and deterring malpractices such as insider trading or market manipulation. This article delves into the intricate legal dimensions of intermediary roles in stock exchanges, highlighting the regulatory obligations imposed on them. It examines how laws shape their conduct, focusing on requirements like licensing, disclosures, and fiduciary duties. Furthermore, it explores how these regulations vary across jurisdictions and evolve with the complexities of modern financial markets. By analysing international legal precedents, regulatory frameworks, and case studies, this study sheds light on the pivotal functions of intermediaries in fostering trust and stability in the stock market ecosystem. It emphasizes the need for robust legal oversight to adapt to emerging challenges, such as the rise of algorithmic trading and digital assets. Ultimately, this study provides a comprehensive understanding of the legal landscape surrounding intermediaries, underscoring their significance in ensuring the integrity and efficiency of stock exchanges. The evolving regulatory approaches across the globe highlight the ongoing efforts to balance market innovation with investor protection.775 views
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Whistleblowing in India: Legal Protections and Contractual Constraints on Blowing the Whistle
Student at O.P Jindal Global University, IndiaPages 161 - 166In the context of globalization and the increasing prevalence of business fraud, deception, and corruption, the role of whistleblowers has become increasingly critical. India enacted the Whistle Blower Protection Act in 2014, aligning with a growing international recognition of the need for such measures to uphold corporate integrity. It is imperative to assess whether the Act contains potential loopholes that could allow companies to evade accountability and to ensure that the legislative objectives are not compromised by contractual constraints, such as non-disclosure agreements, which might obstruct the reporting of illicit activities. The principle aim of this study is to analyze the fundamental provisions of the Whistleblower Protection Act and to evaluate its effectiveness particularly in relation to the impact of non-disclosure agreements on the reporting process.713 views -
Judicial Discretion and Specific Relief Act: In Light of the Haridasan Judgment
Teaching Assistant at the West Bengal National University of Juridical Sciences, Kolkata, IndiaPages 167 - 173Specific Performance was originally envisaged as an equitable relief based on judicial discretion under the Specific Relief Act, 1963 (“SRA”) which was available only when damages in the form of monetary relief were not sufficient . However, after the enactment of the Specific Relief (Amendment) Act, 2018 (“2018 amendment”), the provisions were amended to an extent to make specific performance mandatory unless barred by the provisions of the SRA . This raises the question whether the grant of decree of specific performance, which has always been a equitable principle dependant on judicial discretion coupled with varying factual circumstances, can be mechanised to such an extent as to make it mandatory and enforceable based on certain limitations. Recently, a two Judge Bench of the Supreme Court in the case of C. Haridasan v. Anappath Parakkattu (“Haridasan”)came up with a split verdict with respect to enforceability of such claims on specific performance where the observations made by the judges are quite significant and raises new points of discussion as to the scope of their judicial discretion vis-a-vis enforcing specific performance. It is the scope of this discretion which is the point of discussion in this paper. The author has tried to analyse the scope of judicial discretion in granting decrees of specific performance after the 2018 amendment, especially in light of the recent Haridasan judgement. The author briefly discusses the legal position as to obtaining a specific relief under the SRA pre and post the 2018 amendment, followed by a brief discussion on relevant case laws. This is further followed by a portion analysing the advantages and disadvantages of such compulsorily enforceable specific performance reliefs vis-a-vis contractual agreements and disputes relating to its subsequent breach with a concluding remark as to any suggestions which might help improve and further clarify the legal landscape.928 views -
Insider trading refers to the unlawful practice of buying or selling securities based on non-public, material information, granting certain individuals an unfair advantage and undermining market integrity. This practice violates the principles of transparency and fairness, as it allows insiders, including corporate executives, government officials, and financial professionals, to exploit confidential information for personal gain. The legality of insider trading is determined by whether the material information has been publicly disclosed; transactions based on undisclosed information are deemed illegal. In India, insider trading has been a persistent challenge since the 1940s, driven by corporate officers leveraging privileged information. Over the decades, the regulatory framework has evolved significantly, with the Securities and Exchange Board of India (SEBI) at its forefront. Since its establishment in 1988, SEBI has played a pivotal role in regulating insider trading by fostering fairness, ensuring equitable access to information, and maintaining the integrity of India’s securities market. This paper examines the role of SEBI in preventing insider trading, with a focus on the SEBI (Prohibition of Insider Trading) Regulations introduced in 1992 and their subsequent amendments in 2015 and 2022. These regulations define insiders, prohibit the misuse of price-sensitive information, and promote the transparent dissemination of information to ensure market fairness. While SEBI’s initiatives have strengthened its ability to detect and prevent insider trading, challenges persist in ensuring comprehensive enforcement, particularly in developing markets like India. This paper highlights the continued prevalence of insider trading during periods of economic liberalization and the integration of global markets. It emphasizes the importance of dynamic regulatory updates and robust enforcement to maintain market integrity. SEBI’s evolving framework has been instrumental in building investor trust and ensuring a level playing field for all participants.1,143 views
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The emergence of crypto assets, including digital currencies and tokens, has fundamentally transformed financial markets, introducing unprecedented opportunities and challenges for traditional securities regulation. These decentralized digital assets, underpinned by blockchain technology, have disrupted conventional financial systems by offering innovative mechanisms for raising capital, executing transactions, and fostering financial inclusion. However, their rapid growth has also exposed vulnerabilities in existing regulatory frameworks, raising critical concerns about investor protection, market integrity, and systemic risks. This research aims to comprehensively analyze the evolution of securities regulation in response to these transformative developments. It examines how various countries have approached the regulation of crypto assets, providing a comparative analysis of their frameworks and the efficacy of their measures. Key aspects explored include the classification of crypto assets as securities, the regulation of Initial Coin Offerings (ICOs) and Security Token Offerings (STOs), and the enforcement of anti-money laundering (AML) and know-your-customer (KYC) norms within the crypto ecosystem. Through a qualitative analysis of scholarly literature, regulatory documents, and notable case law, this study highlights critical regulatory gaps, such as the lack of consensus on crypto asset definitions and jurisdictional inconsistencies. It also evaluates the implications of these gaps on investor confidence, market stability, and technological innovation. Notable examples, including regulatory responses from jurisdictions like the United States, the European Union, and Singapore, are examined to identify best practices and lessons for global harmonization. By proposing actionable insights, this study contributes to the ongoing discourse on adapting securities laws for the digital era. It underscores the need for forward-looking, technology-neutral regulatory approaches that balance innovation with risk mitigation. Ultimately, this research aspires to inform policymakers, regulators, and stakeholders on how to craft robust legal frameworks that ensure the stability, transparency, and security of financial markets in the age of decentralization.606 views
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The Constitutionality of Electoral College Systems: A Comparative Study Between India, USA & Germany
LLM Student at Symbiosis Law School Hyderabad, IndiaPages 196 - 210This comparative study examines the constitutionality of the Electoral College system in India, Germany & US and highlighted their distinct approaches to electoral representation and democratic principles. India and Germany utilize systems designed to promote proportional representation while, India’s system primarily governing the election of the president through a weighted voting mechanism on the other hand, Germany employs a composition of member proportional representation system to reflect diverse political interest and US utilizes an electoral college to elect the president and vice president. This study analyzes the constitutional frameworks of the system and how countries follow this system, challenges regarding of this Electoral College system also the judicial interpretation and what mechanism countries should implement to enhance the Electoral College System.562 views -
Beyond Compliance: A Jurisprudential Exploration of Corporate Accountability
Student at O P Jindal Global University, IndiaPages 211 - 219Corporate accountability is more than just following the rules; it’s about balancing legal obligations with ethical responsibilities. This paper examines the question of what true accountability looks like in corporate governance by analysing key jurisprudential theories, including natural law, Fuller’s inner morality of law, command theory, Kelsen’s pure theory, and Hart’s system theory. Using real-world examples like the Enron scandal, it highlights how simply meeting legal requirements often falls short of ensuring ethical corporate behaviour. The paper argues for a more nuanced approach—one that integrates the clarity of legal rules with the adaptability to reflect shifting societal expectations. By embracing this balance, corporations can move beyond box-ticking compliance and embed genuine accountability as a core value, building trust and fostering sustainable governance.557 views -
Multiple laws and regulatory bodies have been established to oversee transactions between organisations and make sure the parties involved are adhering to the rules before approving them. Like much of the globe, India has established several institutions for the same. With a focus on the Securities Exchange Board of India (SEBI), this study aims to identify sectorial regulators and analyse how its authority overlaps with that of the Competition Commission of India (CCI), the market regulator. The Legislative Reforms Committee has conducted an in-depth study on the financial sector's sometimes overlapping SEBI and CCI competency areas. This has raised questions about the justification for the establishment of several sector regulators, including SEBI and an overbearing market regulator, in order to preserve integrity for both investors and businesspeople. In light of the criticism of India's too complicated regulatory frameworks, this study looks at the regulatory authority of SEBI and CCI over different market sectors, areas of overlap, and the legislative reforms implemented to bring the laws into harmony and establish a consistent regime. The goal of the article is to resolve the regulatory overcomplication that is impeding the attraction of both local and foreign investment.1,013 views
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The Church and the Common Law: Exploring the Influence of Faith on the Common Law System
Student at Symbiosis Law School, Noida, IndiaPages 230 - 237Since the ancient times, the Church, has assumed a dominant position in matters affecting the human race. Being the custodian of the faith, the Church’s authority has naturally invaded aspects of human life. Politics, ethics, social matters, amongst others, have registered religious intervention, “Law” being one of them. The article centres around issues such as whether the Church in any way contributed to the development of the common law system. If yes, then how? Moreover, to what degree did the Church contribute to the growth of the common law system? Has the Church played an active role in developing common law or has it been merely instrumental? The article strives to unravel the interaction and the relationship between the two. Traversing through the evolution and developments in common law, the article accounts for the percolation of the common law system into the Indian Legal System as well. It takes into consideration the various areas of the current Indian Legal framework which have witnessed an impact of the precepts of common law as guided by natural law.484 views -
Article 29 and Cultural Rights: Addressing Contemporary Issues of Identity and Representation
Student at Symbiosis Law School, Noida, IndiaPages 238 - 246Albert Camus rightly observed that Democracy is not the law of the majority but the protection of the minority. This article aims to comprehensively analyze Article 29 and its contemporary stance while addressing the current issues of identity and representation surrounding minorities in India. It strives to explore the nature and purpose of rights accorded by Article 29. What sort of claim does the provision vest in the citizens? Is the right conferred therein subject to alienation? What criteria are prescribed for determining a minority presently? While traversing the various dynamics of this legislative creation, we shall also investigate its contemporary relevance and implications. The article also accounts for the concerns that minorities in India are facing currently. From Hate and prejudice prevalent against minorities to controversies of illegal immigrants, specific challenges confront the minorities in India contemporarily, all of which the article duly takes into consideration. The article features a panoptic deconstruction of Article 29 of the Constitution of India while allowing for contemporary evaluation of the same coupled with an overview of pressing issues afflicting minorities in India today.574 views -
We live in a society where marriage has always been put under the veil of cultural, religious and societal institutions. However, the dark reality incubating under this veil suffocates the women of India. To fully grasp the intricate layers at play, one must delve into the cultural and historical context surrounding traditional marital obligations. It is within this framework that the notion of marital rape has been perpetuated. The societal and cultural bounds of marriage place a woman in a position of “Wifely duty” and assumes irrevocable and unlimited consent. The laws regarding rape in India present a paradox. Despite progress in women's rights, marital rape is not recognized under clause 63 of the Nyaya Sahinta due to an exception clause. Marital rape has consequences far beyond the physical & emotional ties of the bond of holy matrimony, a mesh of psychological problems beyond our grasp. This paper examines the historical evolution of this exception and its interconnection with ‘Section 377 Indian Penal Code’. The paper also focuses on the profound and long-lasting psychological impact of marital rape, leading to issues such as Post-Traumatic Stress Disorder, social withdrawal, self-harm, major depressive disorder, anxiety, and severe damage to self-esteem, which are overlooked due to societal and cultural norms that downplay marital consent. Advocating for immediate legal rectification to criminalize marital rape, emphasizing the importance of consent in all sexual relationships, including marriage. It also recommends comprehensive support systems for survivors, including legal and financial assistance for those in need and access to free, and additional aid for them to overcome the long-term effects of their trauma. The article concludes with a plea for the Indian legal system to align with global human rights standards by recognizing and addressing marital rape, ultimately seeking justice and support for victims.652 views
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Balikpapan is situated near the administrative regions of Indonesia's new capital, specifically North Penajam Paser and Kutai Kartanegara, which has significant implications, particularly in the land sector. This situation has led to an influx of migrants from outside the island of Kalimantan, many of whom choose to settle in Balikpapan City by purchasing land or housing. Consequently, there is an anticipated increase in land registration administration activities. In response, the Balikpapan City government has initiated efforts to enhance land administration through the procurement of a State Land Opening Permit (IMTN). According to Balikpapan City Regional Regulation Number 1 of 2014 regarding Permits for Opening State Land, a Certificate of Permit to Open State Land cannot be granted if there are objections from third parties, which results in diminished protection for the land rights previously held by the community. The objective of the IMTN procurement is to streamline land administration processes in Balikpapan City; however, the actual execution of these activities remains inefficient due to various challenges. This study employs a normative-empirical research methodology, utilizing library data sources alongside interviews and observational activities. The purpose of this journal is to identify the regulations that can enhance the land registration system related to IMTN procurement in Balikpapan and to examine the implementation of land registration following the introduction of the IMTN procurement policy.505 views
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Pages 272 - 282Based on Law No. 3 of 2022 concerning IKN, the Archipelago's National Capital City (IKN) development plan aims to progress through five distinct phases between 2022 and 2045. IKN's foundation requires the first phase, which is expected to occur between 2022 and 2024. An estimated 256,142 hectares of land are needed for the relocation of IKN from Jakarta Province to Kutai Kartanegara Regency in East Kalimantan Province and North Paser Penajam Regency. A significant concern arises as this area includes land owned by communities governed by customary law, who fear that the development of IKN may lead to the displacement of their lands. The assurance of land rights is vital for these communities, as it pertains to their livelihoods, biological conservation, and their cultural and group identity. This article seeks to explore strategies to mitigate land-related issues faced by customary law communities during the IKN development phase. The application of a qualitative methodology employing analytical descriptive techniques reveals a critical necessity for initiatives aimed at protecting Indigenous Peoples. Recommended actions include the finalization of the Indigenous Peoples Bill, the establishment of a legal entity for customary law communities, the formal recognition of these communities and their assets through Regional Regulations, the provision of alternative livelihood opportunities, the development of facilities for these communities, the resolution of land overlaps between IKN and customary lands, and, if necessary, the relocation of customary law communities within IKN.478 views
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Role of Intellectual Property Rights to Sports Industry
Research Scholar at School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, IndiaPages 283 - 303In this research paper, the author has attempted to explain the connection between intellectual property and sports by outlining some of the key features of IP rights that are applicable to today's commercialized sports industry. This paper is intended to give the reader with a general overview of intellectual property rights and their commercial application in sports. The evolution of various types of intellectual property, such as copyrights, trademarks, and patents, has been discussed along with how they relate to the sports sector.To a very large extent, Intellectual property rights have provided the right incentives to continuously inspire advancement in sports. Different kinds Intellectual property rights stimulate the growth of the sports industry in different ways. This paper examines how intellectual property rights are used in the sports sector to protect assets, generate value, and stimulate growth. The paper also provides an in-depth examination into the role of IP rights in the world of sports. Since intellectual property is a major component of the law and the sports sector, it must be protected in order to prevent issues and legal disputes. Additional elements like media broadcasting, eSports, and ambush marketing have been explained in detail. Examples of various sports entities and sports persons have been provided for a better understanding.617 views -
The paper employs a comparative research methodology that focuses on important treaties and accords to undertake a thorough analysis of the shortcomings and strengths of international legal frameworks governing nuclear energy. Because nuclear energy is transboundary, there is a need for strong international regulation, which necessitates collaborative efforts to guarantee its responsible and peaceful use. The research focuses on the goals, procedures, and enforcement strategies of the Convention on Nuclear Safety (CNS) and the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). Various important accords such as the treaty on the Physical Protection of Nuclear Material (CPPNM) and the Comprehensive Nuclear-Test-Ban Treaty (CTBT) are also included in a comparative analysis. The study highlights areas that might want improvement by analysing the instruments' respective advantages, disadvantages, and similarities. The research reveals the development of international collaboration in this crucial area within the historical framework of international nuclear control. Examining issues including non-compliance and enforcement strategies, the study highlights the shortcomings of existing frameworks. In order to strengthen existing frameworks and prepare them for changing technological environments, the report ends with several recommendations. existing include expanded involvement and improved verification methods. Through the consolidation of these observations, the research adds to the current conversation about improving international legal frameworks that oversee nuclear energy, highlighting the necessity of cooperative endeavours in managing the intricacies linked to its worldwide application.1,032 views
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When Machines Judge: The Role of AI in Criminal Law
Student at National Law Institute University, Bhopal, IndiaPages 322 - 335In the past decade, the use of AI and Machine Learning Systems in the field of criminology has become a norm in several countries. From the use of AI to determine whether a convict should be let out on parole, to using face recognition systems to determine potential conflict areas, AI assists law enforcement and adjudication agencies to perform their duties in a more effective manner. However, this use has been heavily debated in the past few years. This paper discusses the issues that arise in such circumstances, including but not limited to biasness and lack of transparency. The use of such systems may impact the human rights and privacy rights of individuals as well. Thus, the need for oversight and accountability is highlighted. That being said, beyond discussing the challenges, this paper delves into the solutions to such issues as well, particularly the legal frameworks that need to be enacted to allow the smooth functioning of such systems. Further, with a sound legal system, it will be easier for those who are impacted by these systems and have grievances to resolve them. Finally, this paper discusses the balance that must be struck between the use of such AI systems and the natural and human rights of people impacted by them.552 views -
Combating Violence against Women in Bangladesh: A Content Analysis of National Legal and Policy Frameworks
Assistant Professor at School of Law, Independent University, BangladeshPages 336 - 349Addressing violence against women (VAW) is a vital component of Sustainable Development Goal (SDG) 5, which seeks to achieve gender equality and empower all women and girls. VAW remains a significant issue in Bangladesh, despite the country’s initiatives to address the issue for decades. This study critically examines Bangladesh’s effort in developing and reforming legal and institutional arrangements to address VAW in the last three decades since 1995. Based on a robust conceptual framework for understanding the legal and institutional aspects of VAW, the study uses literature review and content analysis tools to analyze the qualitative data of various legal and policy frameworks related to VAW in Bangladesh. The findings indicate that Bangladesh has made considerable progress in establishing laws and institutional mechanisms to address the issue; however, the impact is limited by ingrained social norms, systemic weaknesses in the justice system, and insufficient support for survivors. The study contends that tackling these complex issues will require sustained commitment, improved sector-wide collaboration, and specific reforms to ensure that the existing legal and policy frameworks contribute to deliver practical results for women and children affected by violence.626 views -
Evaluating Environmental Accountability in India’s Natural Gas Sector: An Analysis of the PNGRB Act and Environmental Regulations
Student at New Law College, BVDU, Pune, IndiaPages 350 - 358The natural gas sector in India plays a pivotal role in the country's energy landscape, contributing to economic growth and energy security. However, the rapid expansion of gas infrastructure, including pipelines and distribution networks, has raised significant environmental concerns. This paper critically analyzes the Petroleum and Natural Gas Regulatory Board (PNGRB) Act, 2006 in the context of environmental accountability, exploring its interaction with key environmental laws such as the Environment (Protection) Act, 1986, and related regulatory frameworks. It also evaluates the effectiveness of existing legal mechanisms, such as Environmental Impact Assessments (EIA), in mitigating environmental risks. Using case studies of major pipeline projects, this paper highlights the legal gaps and challenges in enforcing environmental regulations within the natural gas sector. The study further explores the role of the National Green Tribunal (NGT) and other regulatory bodies in addressing environmental violations linked to natural gas projects. It identifies key shortcomings in the PNGRB Act concerning environmental oversight and proposes legal reforms to strengthen environmental accountability. The paper concludes by offering recommendations for integrating environmental sustainability into the regulatory framework, aiming to balance India’s energy needs with environmental protection goals.469 views -
Policies for Vietnam’s Semiconductor Workforce: A Triple Helix Model Approach
Lecturer at Faculty of Economic Law, Academy of Policy and Development, Ministry of Plan and InvestmentPages 359 - 377This study analyzes and proposes policy recommendations for workforce development in Vietnam’s semiconductor industry using the Triple Helix model as a framework. As the semiconductor industry assumes an increasingly critical role in global economic growth, Vietnam faces significant challenges in developing a high-quality workforce to meet the demands of this dynamic sector. The Triple Helix model, characterized by synergistic collaboration among government, industry, and academia, has proven highly effective in workforce development in leading economies such as Taiwan and South Korea. The study offers specific and actionable recommendations, including the design of practice-oriented training programs, strategic investments in educational infrastructure, and the active involvement of enterprises in the training process. By implementing these measures, the research aims to contribute to building a highly skilled workforce that meets the competitive and innovation-driven demands of Vietnam’s semiconductor industry in an increasingly globalized economic landscape.766 views -
Climate Refugees: A Study on Ioane Teitiota’s Efforts for Climate Change
Student at Damodaram Sanjivayya National Law University, IndiaPages 378 - 391The case of Teitiota v. New Zealand marked a watershed moment in climate migration law. When Ioane Teitiota sought asylum in New Zealand due to rising sea levels threatening his home nation of Kiribati, his case sparked unprecedented legal questions about climate change's role in refugee protection. Although New Zealand's courts rejected Teitiota's application, the subsequent review by the UN Human Rights Committee established groundbreaking precedent. This paper investigates how the Teitiota decision illuminates the gaps between traditional refugee law, built around individual persecution, and the collective threat posed by climate change. The Committee's acknowledgment that environmental degradation could trigger non-refoulement obligations marks a significant shift in international legal thinking. Yet substantial obstacles remain. The current requirement to demonstrate immediate personal danger creates a problematic threshold for climate displacement cases, where threats often develop gradually. This analysis argues for fundamentally reimagining refugee protections to accommodate environmental displacement. As climate change accelerates, the Teitiota case offers crucial lessons for developing legal frameworks that can effectively protect climate migrants. The international community must move beyond traditional refugee paradigms to create new mechanisms addressing the unique challenges of environmental displacement.947 views -
Corporate Restructuring: A Strategic Approach to Modern Business Challenges
Assistant Professor at Amity Law School, Amity University, Bengaluru, IndiaPages 392 - 402Corporate restructuring is a vital strategy in today’s dynamic business environment, enabling companies to adapt to changing market conditions, resolve financial challenges, improve efficiency, and remain competitive. It encompasses diverse activities such as mergers, acquisitions, divestitures, capital restructuring, and operational adjustments. The ultimate goal is to realign a company’s structure, operations, and finances to enhance profitability, streamline processes, and increase organizational agility. Restructuring can be reactive addressing financial distress or proactive, optimizing performance and aligning with long-term objectives. The process revolves around reallocating resources to maximize value creation through various forms: financial, operational, organizational, and transactional. Financial restructuring focuses on debt management and equity financing to alleviate distress, while operational restructuring reduces inefficiencies and optimizes processes. Organizational restructuring improves decision-making by reshaping management structures, and transactional strategies like mergers and acquisitions expand market reach and generate synergies. However, corporate restructuring is fraught with challenges. Resistance to change, particularly among employees and stakeholders, is common due to fears of job losses and shifts in responsibilities. Communication breakdowns can result in confusion and reduced morale, while high costs, including legal fees and severance packages, strain resources. Cultural integration, especially in mergers, poses further obstacles, potentially leading to operational disruptions and reduced productivity. Legal and regulatory compliance with labour laws, antitrust rules, and bankruptcy procedures adds complexity and delays. To succeed, companies must adopt a transparent and well-structured approach, emphasizing clear communication, detailed planning, and flexibility. By addressing challenges proactively, corporate restructuring can bolster financial health, competitiveness, and long-term resilience. Despite its inherent difficulties, a well-executed restructuring strategy provides organizations with the tools to thrive in a rapidly evolving business landscape.1,268 views -
Unveiling Financial Crimes in India: Challenges, Enforcement, Pathways to Reform
Student at Amity University, Noida, Uttar Pradesh, IndiaPages 403 - 418Among the major drawbacks of India's economic stability and governance are financial crimes in the form of money laundering, corporate fraud, tax evasion, and cybercrime. These offences have increased in dimension and complexity with technological and globalization advances and systemic vulnerabilities despite such comprehensive legislative frameworks as the Prevention of Money Laundering Act (PMLA) and the Fugitive Economic Offenders Act (FEOA). High-profile cases of huge financial losses, such as the Nirav Modi-PNB scam and the loan default case of Vijay Mallya, highlight the need for better strategies to combat financial crimes in the country. This research has investigated all the challenges encountered while battling financial crimes in India. Such areas of investigation included sophisticated approaches taken by the perpetrators, the cross-border nature of offences, judicial inefficiencies, and corruption within the institutions involved in regulation and enforcement. It is also underlined that these are not adequate for existing enforcement mechanisms, technological limitations, and delayed judicial processes in bringing timely prosecutions and their deliveries. To address these issues, the paper advocates a multi-dimensional approach: strengthening legal frameworks, more intensive use of technology in the form of artificial intelligence and blockchain, and better coordination among regulatory bodies. International cooperation is considered indispensable to confront transnational financial crimes. Public awareness and financial literacy are deemed essential to prevent fraud at the grassroots level. It further suggests that efforts to make the enforcement agencies independent and transparent are critical to eliminating institutional corruption. This research concludes that it is a joint effort between the government, regulatory bodies, judiciary, and society that will help to minimize financial crimes in India. With technology, international cooperation, and systemic inefficiencies, India can build a more resilient and transparent financial system to deter economic offences and develop sustainable development.733 views -
Regulating Artificial Intelligence in the Legal Domain: A Global Perspective
Assistant Professor at Prestige Institute of Management & Research, Indore, Madhya Pradesh, IndiaPages 419 - 430The rapid integration of Artificial Intelligence (AI) into the legal domain has transformed legal research, case prediction, contract automation, and dispute resolution. However, the increasing reliance on AI raises significant regulatory, ethical, and jurisdictional challenges, including algorithmic bias, transparency, and accountability. This paper provides a global perspective on the regulation of AI in the legal sector, highlighting the current applications and potential risks associated with unregulated AI deployment. A comparative analysis of regulatory approaches across regions, such as the United States sectoral framework, the European Union’s GDPR and proposed AI Act and Asia-Pacific's evolving policies demonstrates diverse priorities in balancing innovation and safeguards. Case studies on AI-driven legal tools and predictive justice underscore the potential for AI to enhance efficiency while emphasizing the need for oversight. The paper advocates for the establishment of robust ethical guidelines, transparent algorithms, and international cooperation to harmonize regulations. By addressing these challenges, legal systems worldwide can ensure fairness, accountability, and public trust in AI technologies. Ultimately, this research underscores the critical role of regulation in fostering responsible AI innovation in the legal domain.1,148 views -
Economic Viability of Geographical Indication Tagged Products in India: Perception and Market Trends
Student at KIIT School of Law, Bhubaneswar, IndiaPages 431 - 444India is a proud country that offers a wide variety of distinctive items that are a reflection of its rich cultural and traditional past. The Government of India has demonstrated its unshakable commitment to conserving and promoting India’s rich artistic legacy in recent years by persistently working to get Geographical Indication (GI) tags for unique items that originate from every part of the nation. The desire for genuine, specific-to-location products is growing globally. India is taking a deliberate initiative to realize this perspective and establish itself as a leading supplier of exceptional, one-of-a-kind items by searching for GI tags for its goods. The economic viability of these products depends on various factors, including consumer perception and prevailing market trends. This paper examines the perception of GI-tagged products in India and evaluates their market performance. Consumers often associate GI products with superior quality, authenticity, and cultural value. However, awareness of GI tags among the general public remains limited, except for a few well-known products. The economic impact of GI tagging is multifaceted. Producers of GI products benefit from premium pricing, protection against counterfeiting, and enhanced market opportunities. For example, products like Pochampally Ikat and Kullu Shawls have seen increased demand and improved livelihoods for local artisans. The paper highlights the need for comprehensive policy measures to address challenges related to enforcement, marketing, and consumer education. Strategies such as strengthening legal protections, subsidizing marketing efforts, and fostering collaborations between stakeholders are recommended. Expanding the reach of GI products through digital platforms and international exhibitions can further enhance their market visibility and economic viability. GI-tagged products hold significant promise for India’s economic and cultural landscape. Further, the paper addresses existing challenges and leveraging government initiatives, these products can contribute to sustainable development, rural empowerment, and global recognition of India’s heritage. The research underscores the need for stronger marketing strategies, policy interventions, and support for rural producers to enhance the economic viability of GI-tagged products. This analysis provides valuable insights into how GI protection can contribute to sustainable development and rural economic growth in India.908 views -
Assessment of GST’s Impact on State Revenue: A Comparative Analysis of Revenue Patterns
Ph.D. Scholar at Dharmashastra National Law University, Jabalpur, IndiaPages 445 - 458This research paper is written on the edifice of the Goods and Service Tax (GST) introduced in India through 101st Constitutional Amendment marking a significant reform in the country's indirect tax system. GST could be introduced in its Indianized version only with the states’ sacrifice of their vital fiscal autonomy. Aimed towards enhanced revenue, GST has variedly impacted the revenue patterns of different states. This study comparatively analyzed the pre-GST and post-GST revenue trends across major states. The findings indicated that while GST has led to an overall increase in tax revenue for most states, the magnitude of impact varies significantly. The study highlights the need for further research to assess the long-term implications of adopted GST model on state finances and to strategize enhancement of revenue stability and equity in the GST regime.684 views -
Space Weaponisation and the International Legal Position Regarding the Weaponisation of Space
Advocate in IndiaPages 459 - 471The modes of Warfare conducted by the states have been changed from the earlier period to present days in various aspects. As the technologies and the innovations developed, the weapons and the machines used in the war also becomes vigorous and more deadly. During both the World War I and II, the states used their air forces to fight against their enemies of war. In the end of the Second World War, the United States of America dropped the nuclear weapons named little boy and fat man in Japan. Thus, the scientific advancement were used for the destruction of our own human race. After the first space mission of Russia in 1957, the two most dominant powers of the world were more interested in capturing the space. From there the advancement in exploration of space developed tremendously. The International communities knew the threat that may be caused due to the weaponisation of outer space, and thus the United Nations General Assembly came up with the restrictions on the weaponisation of space in the Article IV of outer space treaty itself. But, still at present, there is an increase alarming situations which becomes a threat to the states through space weaponisations. This study deals with the laws relating to space weaponisation and the responsibility of states and legal principles regarding space weaponisation.569 views -
Uniform Civil Code in India: An Enigma So Far
B.A.LL.B. (Hons.) student in IndiaPages 472 - 488A unified set of civil laws governing marriage, divorce, inheritance, and adoption for all religious and cultural groups is proposed under India's Uniform Civil Code (UCC). Opponents contend that the UCC could jeopardize India's cultural variety and religious freedom, while supporters believe it as essential for gender equality, national integration, and streamlining the legal system. The historical context, constitutional foundation, judicial actions, and advantages and disadvantages of the UCC's implementation in India are all examined in this paper. It also discusses the different perspectives of religious autonomy and secularism, offering a thorough examination of the arguments for and against a UCC in a diverse country like India. While addressing concerns about religious freedom, it critically assesses arguments for and against the UCC, emphasizing how it might solve gender inequities. In an effort to strike a balance between uniformity and India's varied culture, this paper examines workable implementation strategies for the UCC using examples such as the Goa Civil Code. In the end, the study aims to determine whether the UCC, in spite of its difficulties, could be a step toward a more just and equitable India. It also suggests workable strategies for resolving the firmly established problems of legal reform, religious plurality, and national cohesion.547 views -
The Role of Public Health in National Security: A Theoretical and Practical Analysis
PhD Scholar at School of Law, KIIT-DU, Bhubaneswar, IndiaPages 489 - 498The convergence of public health and national security has grown progressively following worldwide health emergencies. The objective of this research is to comprehensively examine the role of public health in national security frameworks, both in theory and in practice. The study employs a doctrinal approach to examine the incorporation of public health policies into national security objectives by analyzing current literature, legislative frameworks, and case studies. The discussion emphasizes the difficulties and possibilities that arise from this convergence, namely in terms of readiness for pandemics and prevention of bioterrorism. The findings of the paper indicate that strong public health systems are crucial for maintaining national security. It concludes by providing policy proposals aimed at improving health security.1,020 views -
Trade Law and Environmental Justice: Indian Scenario
Assistant Professor at UPES, Dehradun, IndiaPages 499 - 506Environment and trade are interconnected with each other. The past experience has revealed that development of trade without due consideration to the environment can have a devastating impact on the environment, which in some cases might also be irreversible. Climate Change is one of the biggest problems that the world faces today. We lack behind in fulfilling the sustainable development goals that were set way back in 1992 in the Rio Declaration. Therefore, it is essential to look at environmental laws from the lenses of trade and economy. India being one of the leading developing countries has a big role to play in sustainable development. This paper analyses the various environmental laws and regulations and how they impact the Indian economy and the world trade. It also aims to understand the effectiveness of these laws in achieving sustainable development goals. More specifically, it analyses the compliance of these laws to the various commitments that India has made at the international forums in relation to environment conservation and climate change. The paper makes suggestions as to what changes can be brought in the laws to make the path of sustainable development for India a reality.362 views -
From Books to Bytes: ICT’s Impact on Legal Research
LL.M. Student at VIT School of Law, Vellore Institute of Technology, Chennai, Tamil Nadu, IndiaPages 507 - 518The utilisation of information and Communication Technology (ICT) in legal research has transformed the methods by which legal practitioners and scholars obtain, assess, and interpret legal material. Information and Communication Technology tools, like online legal databases and digital libraries, have expedited, enhanced, and broadened access to legal study. ICT has allowed academics to manage complex legal enquiries effectively with real-time updates, search engines, and advanced comparative analytical tools. The digitization of legal resources and the wide integration of information and communication technology have enabled the democratization of access to legal knowledge, especially in remote and underserved areas. ICT integration avails several important benefits but throws up several difficulties, including shortcomings in digital literacy, security breaches in data and the potential threat of over dependency on technology. This paper raises the imperative necessity of surmounting these restraints to unleash the promise that ICT has opened up in research for law.691 views -
Making the decision to make or buy a component is a crucial matter for manufacturing company. Those activities carried out both in-house and out-house require significant efficiency results. One of the goals is to ensure supply ability from suppliers with certain quantities and specifications. Decision making with the “Make or Buy policy” is related to the provisions of MFC (Most Favoured Customer) clauses, which can lead to lessening competition among business actors and impact to consumer welfare. This article will further discuss the potential competition problems associated with MFC, which will be discussed into three categories: (1) Reducing Competition (2) facilitating collusion between competitors, and (3) exclusive impact on competitors at the buyer level. This research focuses on creating a decision-making model in the backward supply chain of the manufacturing industry. The ultimate purpose of this research is to provide benefits for previous research regarding make or buy decision models and vertical integration within the scope of business competition law in Indonesia.617 views
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Pages 534 - 545Human rights are the most cherished value in the modern world and it forms the premise of living a dignified life. Artificial Intelligence (AI) is poised to redefine the future of human rights protection, offering both transformative opportunities and complex challenges. It presents transformative opportunities across various sectors like governance, law enforcement, social services and health care. Undoubtedly, Artificial Intelligence can improve access to justice and transparency. However, the rapid development and deployment of Artificial Intelligence also introduces significant risks to freedom of expression, privacy and equality etc. Novel issues such as algorithmic mass surveillance, algorithmic discrimination and misuse of autonomous systems threaten to exacerbate existing inequalities and undermine fundamental rights. The negative impact of artificial intelligence seems to be antithetical to the very concept of human rights. It has challenged the traditional notions of “reasonable, ethical and legal”. It is crystal clear that the future of human rights protection in the Artificial Intelligence era will depend on establishing robust legal and ethical frameworks that prioritize transparency, accountability and inclusivity. There is an urgent need for international collaboration to regulate AI development, integrate human rights considerations into AI design, and ensure that technological advancements serve as tools for empowerment rather than oppression; by aligning Artificial Intelligence innovation with human rights principles, we can shape a future where technology acts as a force for equity, dignity and justice.772 views
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Human Centric Approach in Negotiations and Dispute Resolutions Understanding Legal and Psychological Aspects
Student at Christ (Deemed to be University), Pune, Lavasa Campus, IndiaPages 546 - 553“To practice the conflict resolution process, we must completely abandon the goal of getting people to do what we want.” The best way to understand and resolve a conflict is to analyse how legal provisions can be connected with the psychological aspects of human beings to provide better outcomes. Exploring the human-centric approach in dispute resolution helps analyse the practical aspects of involving psychological support, such as counselling or therapy, in the traditional legal dispute resolution process and helps enhance the strategies. It aims to evaluate the potential benefits, such as improved emotional well-being and more satisfactory resolutions, as well as its challenges and other benefits. Properly understanding human mindsets during conflict resolution aims to identify and replace traditional practices and help generate new ideas that integrate legal and psychological perspectives to address these challenges, ensuring fair and equitable outcomes for all parties involved. Given the complexity of human mindsets, connecting and understanding legal and psychological grounds is essential to understand the foundation of these conflicts be it any means of dispute resolution. This research paper aims to help mediators and negotiators understand how human psychology can be associated with the relevant legal provisions during dispute resolution processes, which will provide more refined and more balanced results.544 views -
Though the Rights of Women to Property and Maintenance Act sought to give women new rights, a number of years—in some cases, decades—of advocacy and litigation were necessary before many of these rights were granted. Women can now share in agricultural land, claim possession of agricultural land, seek compensation for unlawful dispossession from agricultural land, share in joint Hindu family property, gain control over property they acquired for their own benefit, have limited rights concerning the dwelling house, and stand as heirs in the Scheduled Tribes and Other Traditional Forest Dwellers Act. The Hindu Succession Amendment Act expanded the inheritance rights of Hindu women, other than some limited rights pronounced in a earlier act. This paper presents and discusses the theory and practice of the Hindu Succession Amendment Act by challenging some of the most common myths that persist in contemporary Indian society and by adding an empirical component to related policy debates. Looking at case studies in different states, it documents the status of Hindu women's rights under the Hindu Succession Amendment Act.1,190 views
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Legal Approaches to Promote Sustainable Agriculture and Forestry Practices
Assistant Professor at School of Law, GD Goenka University, Gurugram, Haryana, IndiaPages 561 - 568Sustainable agriculture and forestry are crucial for ensuring food security, conserving biodiversity, and mitigating climate change. However, achieving sustainability in these sectors requires a robust legal framework that addresses environmental, social, and economic dimensions. This article examines the role of legal approaches in promoting sustainable practices in agriculture and forestry. It explores existing international conventions, national legislations, and regional policies that aim to balance ecological conservation with economic development. The discussion focuses on laws governing land use, biodiversity protection, agroforestry promotion, and the regulation of harmful practices like deforestation and overuse of chemical inputs. Challenges such as enforcement gaps, inadequate community participation, and conflicts between environmental and economic priorities are critically analyzed. By reviewing case studies and best practices from different jurisdictions, this article identifies innovative legal mechanisms such as payment for ecosystem services (PES), land tenure reforms, and incentives for organic farming and agroforestry. Recommendations for improving legal frameworks include integrating traditional knowledge, enhancing stakeholder engagement, and strengthening international cooperation. The article concludes by emphasizing the need for adaptive, inclusive, and enforceable legal instruments to ensure the sustainability of agriculture and forestry in the face of growing environmental challenges.666 views -
Decoding the Right to Privacy in the Digital Age of Technology: An Analysis in Contemporary Scenario
Ph. D. Research Scholar at Department of Law, Aligarh Muslim University, Aligarh, IndiaPages 569-587The concept of privacy in contemporary law and culture is crucial. As society has become more intrusive, a higher awareness of the importance of protecting individuals' right to privacy has emerged. Nonetheless, it's worth noting that the concept of privacy has deep historical roots. Personal development and self-expression are greatly aided by the freedom to be alone. It's a check on the government's ability to control people's daily lives.in the modern world. The role of information technology in everyone's daily lives is at the pinnacle. Every time a person uses the internet, whether on purpose or accidentally, they reveal personal information. There has never been a time when people's right to privacy was under such risk. The development of new forms of communication has had a major impact on people's ways of life and cultural practices all over the world. The concept of communication privacy has spread beyond the realm of telephone calls into the wider online world. The use of communication technologies for social interaction among the general public has expanded dramatically in recent years. As a result, protecting the confidentiality of private communications should be a top priority for any privacy framework. Today's society relies heavily on constant access to relevant data and information. Addresses, bank account numbers, and medical histories are only some examples of the kinds of information typically used in the course of business. In recent years, there has been a lot of interest in the idea of utilizing new technology in the delivery of public services and fundamental governmental functions. The transition to an entirely digital administration is proceeding steadily. For this reason, it's important to start collecting information on every aspect of people's lives and storing it in centralized public databases. As a result, it is clear that a national privacy and data protection policy is required to protect the personal information of all citizens. Due to the sensitive nature of material in these fields, immediate action is required. If we really care about protecting people's privacy in these crucial areas, we need sector-specific legislation and regulations. Due to the complexity of certain industries, sectoral regulators may be necessary to implement specialized regulations. Data is now embedded in nearly every aspect of modern life, which has spurred advancements but also necessitated legal responses to safeguard the rights of residents. The practical, political, psychological, and philosophical challenges we face as technological advances have changed the landscape of traditional notions of privacy. “Big Data” applications of every sort now permeate our social and civic lives: government surveillance in the name of national security; targeted online advertisements tailored to our supposed interests and desires based on our personal online histories; wearable computers with camera and recording features; and GPS systems build into our cell phones that track every movement—such developments no longer shock or even very much surprise us. After considering all this, the real question remains: How are we to maintain privacy rights without sacrificing our technological interests? The present research paper tries to explore the existence of both, use of technology without curtailing the inherent human right to privacy.560 views -
Pages 588 - 609Society is very interested in the decisions about bail, as every crime is viewed as against the state. The choice of whether to grant bail requires balancing individual freedom with the safety of society. In India, the Constitution provides basic rights, such as life and personal liberty. Article 21 ensures that no one can be deprived of these rights except through legal procedures, protecting personal liberty from improper interference. Being in jail, including during preventive detention, greatly restricts a person’s liberty and contact with others, which is lawful only if backed by law. Article 21 safeguards all people, including citizens and non-citizens, but this freedom can be limited by law. Violating someone’s liberty is serious and should only happen when the law permitting it is fair and for the common good. A system that respects the law should impose few and reasonable restrictions on personal liberty. Police cannot make arrests just because they can; they must have a valid reason beyond their authority. Arrests can harm a person's reputation, so officers need to ensure there is sufficient justification for them. While law enforcement focuses on prosecuting crimes, it is also vital to protect individuals from misuse of power by authorities. There is an ongoing tension between the need for public safety and the need to protect personal liberty and dignity. Justice Cardozo raised an important question about whether protecting individual rights interferes with societal safety, stressing the importance of a fair legal system. The Supreme Court has recognized the conflict between society's needs and individual rights. In the past, society's need to convict took precedence, but now there is more emphasis on protecting individuals from wrongful arrest and detention. International human rights law states that pre-trial detention should only be used when necessary for justice. It promotes humane treatment and strict conditions to avoid unnecessary limitations. Sometimes laws restrict freedom to maintain order and justice, especially if someone might commit a crime. A main reason for arrest is to ensure the accused appears for trial and receives a sentence if convicted. If this can be done without detention, it would help balance personal freedom with justice. Bail is intended for this balance, allowing arrested individuals to remain free while awaiting trial, provided they can reassure the court of their appearance. Bail is a way to secure release from custody for someone awaiting trial by offering a form of security. The Tokyo Rules recommend using non-custodial measures, like bail or supervision, instead of pre-trial detention whenever possible. This can help reduce overcrowding in detention facilities and prevent abuses related to lengthy investigations. Pre-trial detention should be a last resort, considering the investigation's needs, societal protection, and the victim's rights. A flexible criminal justice system should provide different non-custodial options from pre-trial to post-sentencing, designed to ensure fair sentencing practices and requiring the offender's consent before formal proceedings. International laws and principles acknowledged by the Supreme Court highlight the negative effects of pre-trial detention on human rights. An accused person's liberty can only be taken through lawful and fair procedures. Bail is a non-custodial option allowing release without endangering the reasons for the arrest. Bail law aims to balance police power and the presumption of innocence. Offenses are labeled as bailable or non-bailable, where bail is a guarantee in bailable offenses but discretionary in non-bailable ones. Courts must exercise this discretion fairly and based on legal rules. The current bail system faces criticism and suggestions for reform from various legal bodies. Generally, people accused of non-bailable offenses do not automatically receive bail as those accused of bailable ones do. Courts must carefully evaluate these cases, following established principles. Judicial discretion should not be completely free, but guided by known rules. The Supreme Court and High Courts have issued guidelines for granting bail, though compliance is inconsistent, indicating the need for a thorough review of current laws and guidelines. The idea of bail in India has evolved over time due to court judgments and laws, leading to a complicated system regarding its application and the powers of the courts. This paper examines bail laws, the influences on bail decisions, and how judges use their discretion. It evaluates the balance between individual rights and societal needs, discusses challenges courts face, and looks at how bail laws affect vulnerable groups in India.1,038 views
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Insuring Influencers: A Legal and Commercial Perspective on Insurance Policies for Social Media Content Creators
Student at UPES Dehradun, IndiaPages 610 - 626The influencer economy has emerged as one of the most dynamic and powerful sectors in the global digital landscape. Social media influencers, with their unmatched ability to sway public opinion and consumer behaviour, have transformed platforms like Instagram, YouTube, and TikTok into thriving ecosystems of creativity and commerce. This unprecedented reach, however, comes with significant exposure to risks that traditional professions seldom encounter. From defamation lawsuits to reputational harm caused by deepfake AI and cyberattacks, influencers operate in an environment where their digital identity is both their greatest strength and their most significant vulnerability. Despite their growing prominence, most influencers remain underprepared to navigate these challenges. The existing insurance frameworks fail to address the unique risks influencers face, such as protection against data breaches, copyright infringements, account hacks, and legal liabilities arising from content-related disputes. The lack of tailored insurance solutions leaves influencers exposed to financial losses and reputational damage that can be career-ending. This paper investigates the pressing need for comprehensive insurance policies specifically designed for social media influencers. It explores the inadequacies of existing models, draws insights from global best practices, and examines legal and technological developments that could shape the future of influencer insurance. As the influencer market continues its meteoric rise, this study underscores the urgency of proactive measures to safeguard their careers and livelihoods, paving the way for a more secure and sustainable digital creator economy.497 views -
Legal Nature of Electronic Payment in Cameroon
PhD Research Fellow at University of Buea, CameroonPages 627 - 636Electronic payment is any payment mechanism which enables individuals, businesses, government and nonprofit organizations to make cashless payments for goods and services through cards, mobile phones and over the internet. This study examines the legal nature of electronic payment in Cameroon. Electronic payment is legally recognized in Cameroon, however, crypto currency prohibited. This study adopts the qualitative research methodology and the method used is doctrinal. The research finds that electronic payment is not a legal tender but a means of payment applicable to parties to a contract who have accepted it. The study recommends that the government should recognize crypto currency and regulate its use in Cameroon.337 views -
Governing the Final Frontier: A Legal Perspective and Path Forward in realm of Space
Student at National Law Institute University, Bhopal, IndiaPages 637 - 645The research paper tends to explore the development of space law, dating back from the year of 1957 to contemporary developments. It seeks to explore the ill effects of rapid militarization and commercialization of space by the nations and potential solutions that can help us undo the impact of harms caused. The paper also highlights the importance of stringent regulatory framework to ensure progress without environmental hindrances. Various gray areas in the realm of space laws alongside the sociological and ethical considerations to be kept in mind while drafting and codifying the laws have been stated to shed a light upon various arguments about the use of space for well being of mankind.471 views -
The Role of Artificial Intelligence in Copyright Law: Are Machines the New Authors?
Student at National Law University Delhi, IndiaPages 646 - 656The paper explores the evolving role of Artificial Intelligence (AI) in Copyright Law, focusing on the challenges and implications of recognizing AI-generated works. It traces the historical development of copyright protection in India from the colonial-1970s-based Indian Copyright Act of 1847 to today's landmark Copyright Act of 1957, and also highlights key legislative landmarks and amendments. The paper delves into transformation through technological advancement, particularly the rise of AI as a tool to produce creative, literary, and musical works even without direct human input.The central question addressed is whether can be considered "authors" under current copyright law and the potential legal and ethical ramifications of such a designation. By examining issues of authorship, ownership, and originality, the paper argues for a nuanced approach in adapting copyright laws to accommodate AI-generated content. It underscores the need for policymakers to carefully balance the rights of creators, developers, and AI systems in an era where machine-generated works are becoming increasingly prevalent.487 views -
SARFAESI vs. IBC: Analyzing the Intersection of Secured Creditors’ Rights and the Moratorium
Student at Christ (Deemed to Be University), Pune Lavasa Campus, IndiaPages 657 - 667From enforcement of two major structures SARFAESI (Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act) and IBC (Insolvency and Bankruptcy Code), currently, the scenario in the Indian Banking Sector has changed a lot, specifically in the legal arena concerning insolvency and debt recovery in India. Both tools are of ordeal importance in the field of NPAs and corporate defaults, that work on different principles and processes which often put secured creditors in conflicting situations. While SARFAESI empowers the financial creditor for a speedy recovery of dues by way of enforcement of security interests, IBC, offers a formalized, timebound resolution process for corporate debtors with a moratorium under which creditor actions are stayed. This paper tends to delve into the intersection between such regimes with special reference to how the moratorium under IBC impinges on the rights of secured creditors with reference to SARFAESI proceedings.1,089 views -
The relationship between socio-political dynamics and law enforcement practices is complex and deeply intertwined, influencing the effectiveness, fairness, and accountability of policing systems worldwide. In democratic societies, law enforcement is expected to maintain public order while upholding the rule of law and safeguarding citizens' rights. However, socio-political factors such as political interference, social inequalities, economic disparities, and communal tensions often shape the functioning of police forces, sometimes leading to biased enforcement and systemic abuses of power. Key areas of analysis include the politicization of police forces, the disproportionate targeting of marginalized communities, and the role of law enforcement in managing protests and dissent. The paper concludes by advocating for reforms, including the depoliticization of police forces, community policing initiatives, and stronger accountability mechanisms, to ensure equitable and effective law enforcement in diverse socio-political environments.555 views
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The purpose of this research paper is to analyse the objectification of women through Bollywood songs. The paper delves deeper into this issue by critically examining the issue and giving a feminist, social, and legal perspective. From the feminist and social perspective, the paper critically analyses the meaning of objectification, different interpretations of women's objectification given by various thinkers, and the repercussions of objectification on different sections of society. The paper also seeks to explore the legal dynamics of such repercussions and to find out the violation of legal and fundamental rights caused by such objectification.609 views
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The Shadowed Truth: Unveiling the Interplay of Forensic Misconduct, Corporate Greed, and Ethical Justice in the Pursuit of Accountability
Student at School of Law, Bennett University, Greater Noida, Uttar Pradesh, IndiaPages 692 - 712The rising rate of forensic misconduct and corporate greed presents a great challenge to ethical justice in legal systems around the world. This paper begins by defining relevant terms, including forensic misconduct, which refers to mistakes and intentional malpractices in forensic science, and corporate greed, which is characterized by profit-driven motives that have compromised ethical boundaries. The tension between these elements, therefore, mostly undermines judicial integrity and results in wrongful convictions and systemic failures. The purpose of this research will be to explore systemic flaws that enable forensic misconduct, exacerbated by corporate influence, and to propose frameworks for accountability. Central research questions include: What is the role of forensic misconduct in undermining justice? How does corporate greed increase the violation of ethics? What reforms are needed to achieve accountability? Through a wide-based literature review, the paper considers historical and contemporary illustrations of forensic miscarriages of justice, case studies of corporate influence on justice, and available ethical frameworks. The analysis, by use of case study methodology and comparative legal analysis, highlights the implications of misconduct and greed on legal outcomes. It concludes by calling for policy reforms, educational initiatives, and increased transparency measures to promote ethical integrity and restore public confidence in justice systems around the world.468 views -
CSR and Film Industry in India: An Analysis
Member at District Consumer Disputes Redressal Commission, Patiala, Punjab, IndiaPages 713 - 729In today's society, the phrase "corporate social responsibility" (CSR) is frequently used to describe the process by which a company demonstrates and grows its corporate culture and consciousness of society. In India, cinema is the most effective mass communication medium due to its capacity to blend entertainment and idea transmission. Numerous films have made an impact on viewers. It resurrects us from the tedium and rigors of daily life. Therefore, it wouldn't be incorrect to say that cinema is like a mirror that reflects the hopes, dreams, disappointments, and contradictions of society, which connects it to social responsibility for it. Avoiding stories like these that threaten social values and ethics becomes crucial.This research paper has the following objectives to study the evolution of the concept of Corporate Social Responsibility, the importance of the role of Films and Film Industry in CSR, the contribution of the Indian Film Industry to society via CSR and the usage of CSR as a blanket in the Film Industry for covering black money.The researcher has conducted a doctrinal investigation. Exploratory, descriptive, and analytical approaches were used in the research. The goal of the design was to investigate, describe, evaluate, and examine the current theories and provisions of the Act as well as the judgments rendered by the various courts and the steps taken to strengthen the Act, among other things. The government's effort to find a solution is examined, as are the implications of doing so to resolve the problem. The researcher used secondary data to narrow down the scope of the issue. The research is not empirical in nature and is based on legislation, rules, and regulations, as well as the report of the standing committee. These are reports made by nongovernmental groups and governmental agencies. International charters, United Nations conventions, and declarations are all tools for gaining information. The distinguished writers' books, articles in research journals, news media, and legal websites served as secondary sources for this investigation.582 views -
Innovative Approaches to Legal Education: Integrating Theory-Based Study Methods in Law School Curriculum
Advocate at Supreme Court of Nepal & Assistant Professor and Former Chief of Student Welfare at Nepal Law Campus. Kathmandu, NepalPages 730 - 744Legal education faces the ongoing challenge of bridging the gap between theoretical knowledge and practical application. This article explores innovative approaches to curriculum development in law schools, focusing on the integration of theory-based study methods. Examining current trends in legal pedagogy, cognitive science, and educational technology, we propose a framework for designing law school curricula that enhance critical thinking, problem-solving skills, and professional readiness. The study highlights the importance of experiential learning, interdisciplinary approaches, and adaptive teaching methods in preparing law students for the complexities of modern legal practice490 views -
Earth appears to be blue as seventy percent is covered by water which consist of living and non-living organisms, minerals, gases and metals especially found in the seabed. A major portion of the seabed is yet left unexplored. But whatever explored so far is posing existence issues due to the overexploitation and uncontrolled events happened in the seabed. This may be a nuclear testing, emplacement of weapons or deep-sea mining or even the scientific research. Due to the density variation and high vacuum level in the water it is often cumbersome to find what is happening even in the seabed under the territorial control of the nation. This paper discusses various concepts with respect to protection of marine environment and analyse the existing legislative framework at the international level to protect the marine resources in the seabed. The paper further gives thrust to the role of international institutional and judicial framework in enhancing protection of marine resources. The paper critically analyses how far the existing laws are capable of protecting marine environment at international level and put forth suggestions for better protection.538 views
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Universal Basic Income and Social Equality: To What Extent does UBI Eradicate Poverty and Elevate Equality?
Teaching Assistant and LLM candidate at AUE-FON, North MacedoniaPages 760 - 767Universal Basic Income has, during the past decade, gained worldwide attention as a new policy solution to the age-old problems of poverty, income inequality, and economic insecurity. Grounded in the guarantee of unconditional cash transfers to all, regardless of socioeconomic status, UBI promises to reduce structural inequalities and ensure at least a minimum standard of living consistent with universal human rights. This essay explores UBI's efficacy in poverty elimination and promoting social equality using empirical research techniques, case studies, and theoretical frameworks. Rooted in egalitarian principles championed by philosophers such as Thomas Paine, right down to contemporary proponents such as Philippe Van Parijs, UBI is presented as a policy tool for promoting distributive justice, empowering marginalized groups, and encouraging social equality. The merits of UBI include an accent on welfare systems reduction, an abolition of the stigma associated with means-tested benefits, and a pathway leading toward financial security and autonomous expression. Various case studies include Finland's 2017-2018 experiment and Kenya's GiveDirectly program, which validate UBI's efficacy toward improved mental health, wellbeing, and local economic results. Conversely, it is also subjected to critical examination regarding its labor market implications, inflation, and political viability. The report shows that these ills can be addressed through progressive taxation, regulation, and complementary investments in education, health, and infrastructure. Recommendations include iterative pilot learning and adaptive UBI design for specific economic and cultural situations. As societies strive to find responses that might mitigate the impacts of automation, climate change, and rising inequality, UBI is increasingly attractive as a policy that promises a fairer and more equitable future. This article serves to set the current debate into context by offering a balanced assessment of the transformational potential of UBI to eradicate poverty and improve social equity.671 views -
The Need for the Community of Property in India: A Step Ahead in Improving the Property Rights to Married Couple
Assistant Professor at Chennai Dr. Ambedkar Govt. Law College, Pudupakkam, Chengelpet, Tamil Nadu, IndiaPages 768 - 776The recognition of marital/community of property rights to married women in the event of divorce, separation and desertion in India is the need of the hour. The broad concepts of property rights and equality concepts under the Indian Constitution and other legislations dealing with property rights of women needs evaluation for the purpose of implementing the community of property rights to married women. Discovering the traces of legislations or literatures on the community of property rights in different countries becomes essential for the policy makers to understand the community of property concept which could be suited in the Indian Territory. This article deals with the concept of community property rights to married women. Further speaks about the need to implement the law relating to the marital/community of property to married women in the event of divorce, separation and desertion in India irrespective of any personal laws. The community of property rights in India can play a step to improve the property rights of married couple in general as gender neutral law.465 views -
Democracy’s Backbone: Reflecting on the Right to Vote
Research Scholar at Institute of Law, Nirma University, Ahmedabad, IndiaPages 777 - 791Democracy constitutes the governance model wherein authority emanates from and is exercised by the citizenry following the principles of Representation. The administration is entrusted to a government duly elected by the state populace. The authentic and equitable expression of the citizens' 'Will' transpires through the electoral process, wherein eligible citizens participate by casting votes. To partake in voting, an individual must qualify as an enrolled voter listed in the electoral register for the relevant election. The entitlement to vote is contingent upon meeting constitutional and statutory eligibility criteria, constituting the Right to Vote. This right is the paramount and exclusive instrument wielded by citizens within a democratic State. The prosperity and endurance of democracy hinge upon the conduct of fair and free elections, with voters serving as the lifeblood of the electoral process. Attaining and preserving the right to vote is imperative. This discourse aims to explore the intricacies of voting, the right to vote, the historical evolution of suffrage, and its reforms in diverse democratic States, precisely India (Bharat)—a detailed analysis to scrutinise the constitutional requisites, statutory qualifications, and constraints comprehensively. Judiciary interpretation pirating to this right is appropriate to discuss for better understanding.646 views -
Single Member Bench of the National Green Tribunal: A Successful Experiment or a Failure?
Ph.D. Scholar at the National Law Institute University, Bhopal, IndiaPages 792 - 803The National Green Tribunal is a specialized body established in 2010 for protecting the environment, forest and other natural resources. In its fourteen years of existence, the NGT has witnessed ebb and flow but ensured to achieve environmental justice by protecting the legal rights relating to the environment and giving relief and compensation to persons and property. However, its environmental activism liked by the few and the executive time and again attempted to dilute the NGT Act, 2010 whether it was objecting NGT’s suo motu jurisdiction, allocating less budgetary allocation affecting the infrastructural facilities, lack of willingness to fill the vacant positions of judicial and expert members, controlling appointments, salary, terms and conditions of services through Finance Act, 2017 etc. Now in this list another challenge was put forth before the Green Tribunal i.e., Constitution of its single member bench by the Ministry of Environment, Forest & Climate Change in December 2017. This development came to tackle the crisis of existing vacancies of judicial and expert members in the different zonal benches of NGT and ensure functioning of the tribunal bypassing the provisions of the NGT Act, 2010 which requires at least two members of judicial and expert members to hear the environmental disputes. Therefore, in the light of the above development, this paper attempts to analyze the intentions of the Central Government to form a single member bench whether in consonance with the NGT Act, 2010 or not. Moreover, it will examine the role played by the Supreme Court of India in examining the validity of the amendment on establishing a single judge bench to check whether it exceeded or was within the permissible limits of the parent statute and to finally look towards its outcome.528 views -
Why Document like Voter ID’s, Passport, Birth Certificate are Proof of Citizenship but not Aadhar Card?
Student at Lovely Professional University, IndiaPages 804 - 815The document discusses the distinction between documents like voter ID cards, passports, and birth certificates, which serve as proof of citizenship in India, and Aadhaar cards, which do not. It emphasizes that voter IDs and passports are issued under strict legal frameworks that verify citizenship, while Aadhaar cards are designed solely for identity verification and facilitating access to government services and subsidies. Aadhaar’s issuance is based on proof of residence, not citizenship, making it accessible to non-citizens as well. The document highlights legal provisions, case studies, and examples to argue that misinterpreting Aadhaar as citizenship proof has caused administrative, legal, and social issues. The conclusion calls for clear communication and legislative measures to prevent Aadhaar’s misuse and safeguard the integrity of citizenship verification processes.1,350 views -
IPR Enforcement in International Trade Law: Challenges and Solutions
LL.M. Student at Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, IndiaPages 816 - 831In the globalized economy, the enforcement of intellectual property rights (IPR) is crucial for fostering innovation, supporting economic growth, and promoting fair competition. However, enforcing IPR in international trade law presents significant challenges, exacerbated by the disparities between legal systems, jurisdictional boundaries, and the complexities introduced by digital trade. This paper explores the role of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, the World Trade Organization (WTO), and the World Intellectual Property Organization (WIPO) in establishing global IP standards and facilitating enforcement across borders. Despite providing a foundational framework, these agreements face limitations, particularly in adapting to the rapidly evolving digital landscape, which has increased instances of online piracy, digital counterfeiting, and cross-border e-commerce violations. Through a detailed analysis of jurisdictional inconsistencies and extraterritorial challenges, this study reveals how current IPR enforcement mechanisms struggle to keep pace with technological advancements and the unique demands of developed versus developing nations. To address these gaps, the paper proposes solutions, including the harmonization of IP laws across jurisdictions, capacity-building initiatives in developing countries, and the integration of advanced technologies such as blockchain and artificial intelligence to improve monitoring and enforcement. Case studies illustrate these issues and highlight the potential for a more adaptable, cooperative approach to global IPR enforcement. This research underscores the need for international collaboration and flexible policies that respond to the demands of digital trade, ensuring a resilient and equitable framework for protecting intellectual property in a dynamic global market.966 views -
Unseen Dangers: Boiling Frog Syndrome and the Escalation of Abuse in Live-in Relationships in India
PhD Scholar at School of Law, KIIT-DU, Bhubaneswar, IndiaPages 832 - 848The Boiling Frog Syndrome, a metaphor for the unnoticed gradual escalation of harmful situations, aptly describes the dynamics of abuse in live-in relationships in India. As societal norms evolve and live-in relationships become more common, particularly among urban youth, the legal and social frameworks designed to protect individuals in these arrangements have not kept pace with the emerging challenges. This research explores how the Boiling Frog Syndrome manifests within the context of live-in relationships, revealing the insidious progression of abuse that often remains unnoticed until it reaches critical, life-threatening stages. The study's primary objective is to examine the gradual escalation of abuse in live-in relationships in India and analyze the socio-legal factors that influence this phenomenon. Through a doctrinal legal methodology, the research scrutinizes statutes, case law, and theoretical perspectives to uncover gaps in existing legal protections, particularly under the Protection of Women from Domestic Violence Act (PWDVA) 2005. The findings indicate that while live-in relationships are slowly gaining legal recognition, protections remain inconsistent and are hampered by vague definitions and societal stigma. Victims, especially women, are often left vulnerable to escalating abuse due to inadequate legal recourse and support systems. The study concludes with a call for urgent legal reforms that explicitly recognize live-in relationships within domestic violence laws, ensuring comprehensive protection for all individuals, regardless of marital status. It advocates for the creation of tailored support services, including crisis helplines and safe housing, alongside nationwide education campaigns to transform societal attitudes towards live-in relationships and abuse. This research contributes to the broader discourse on domestic violence in India, emphasizing the need for a holistic approach combining legal, policy, and educational strategies to ensure the safety, dignity, and justice of all individuals, irrespective of their relationship status.776 views -
Artificial Intelligence in Treating Juveniles in Conflict with Law and Detection of Recidivism
Assistant Professor at Government Law College, Thrissur, Kerala, IndiaPages 849 - 871AI research now spans various scientific disciplines; scientists have evaluated the effectiveness of intelligent algorithms designed to forecast (or learn from) natural, physical, and social phenomena, including those related to crimes. Technology significantly aids law enforcement agencies in decision-making and operations by enhancing data-driven procedures, efficiency, and specific capabilities. Notwithstanding the ostensible benefits of integrating artificial intelligence (AI) into the juvenile justice system, additional investigation is imperative to ensure the comprehensive protection of human rights, including those pertaining to children. It is essential to recognize that we cannot return to the previous state of affairs, and AI can be utilized by psychiatrists to investigate mental disorders and assist the government in reducing recidivism. The incorporation of AI into juvenile justice systems appears promising, yet further research is necessary to ensure protection of human rights, particularly children's. Recognising that a return to previous methods is unfeasible, AI can be employed by mental health professionals to investigate psychological disorders and aid governmental efforts to reduce reoffending. However, caution must be exercised to prevent AI usage from compromising minors' essential rights. Should policymakers successfully navigate these challenges, they could improve a system that has historically lacked theoretical consideration despite increasing practical application.758 views -
Pages 872 - 909This paper explores the persistence of the dowry system in Maharashtra, examining its societal, cultural, and legal dimensions. Despite the enactment of laws like the Dowry Prohibition Act (1961), dowry practices remain widespread, particularly in rural areas, driven by deep-rooted patriarchal structures, social norms, and economic pressures. Through empirical data and case studies, the paper highlights the ongoing prevalence of dowry demands, their impact on marriage dynamics, and the associated violence. It also evaluates the effectiveness of current legal frameworks, emphasizing the challenges in enforcement and public awareness. Finally, the paper proposes a multi-faceted approach for dowry eradication, focusing on legal reforms, educational initiatives, women's empowerment, and changing societal perceptions. A collective effort is essential for creating a dowry-free society where gender equality prevails in marriage practices.770 views
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An Analysis of the Indian Constitution in Human Rights Perspective
Assistant Professor at Dr. Ambedkar Global Law Institute, Tirupathi, Andhra Pradesh, IndiaPages 910 - 926The Basic right which is essential for the very existence of human beings in this world is human rights. These rights are “sine qua non” and inalienable in nature, and even the king or the crown cannot take back these rights, and it cannot be relinquished by the individual himself. The Indian Constitution was drafted subsequent to the implementation of Human Rights declaration, so most of these provisions are incorporated in the Indian Constitution as Fundamental Rights. It is to say that several provisions of both the UDHR and Constitution are similar in nature, so the higher judiciary too taken a similar view in dealing the cases of fundamental right as basic human right. The Human Rights charter states ‘that everyone is free during their birth and entitled with similar protection of dignified right’, which specifically enumerates that the abolition of slavery and bonded labour system and the word ‘equality’ denotes the abolition of caste system and untouchability. The word ‘dignity’ highlights equal treatment/preference by way of equal treatment before law and similar applicability of all law by way of dignified life as enshrined in the Indian Constitution. This is evident that the clauses and Articles of the India’s Constitution and the UDHR are one and the same, which specifically protects the rights and interest of the individuals. The dignified life is the one which differentiate the human and animals. Even the prisoners, convicts and war & political offenders are to be treated with dignity. The prisoners are not entitled for right to liberty but are provided with the right to dignified life even inside the prison. The only uniqueness between the fundamental right and a human right is that the former can be suspended by the law makers or the parliament but the later cannot be taken back or curtailed by anyone.530 views -
Voyeurism under Indian Legal System
Student at Hidayatullah National Law University (HNLU), IndiaPages 927 - 932In this age of unprecedented digital crimes, voyeurism is one among them where netizens who fall prey to such evils of cyberspace takes several resorts under the remodelled refineries of Indian statutes subject to certain desideratum’s. The important point of consideration is whether these repositories are available to all covering enough information bank to act as suitable ward against the present social and virtual library whereby judiciary attempts to draw out the very quintessence of this kernel. This research article will linearly extrapolate the voyeurism related stipulations in India.540 views -
Examining the Validity of Marital Rape under Indian Statute with special reference to Domestic Violence
Ph.D. Research Scholar at School of Law, Sandip University, Nashik, IndiaPages 933 - 945In Indian statutes, particularly the Domestic Violence Act, the researcher will assess the legal position regarding marital rape. Despite increasing awareness and advocacy, marital rape continues to be excluded from criminalisation in Indian statutes largely due to traditional notions of marriage and consent. This analysis looks at the proposed exemption, using the experiences of women living with domestic violence as an example. Investigating the gap between societal standards and the current statutory and case law structures will be the focus of the researcher through court interpretations and current laws. The researcher will also address the possibility for reforms to combat this consequential issue, advocating for a more nuanced understanding of consent always — even within the context of marriage. The research will highlight the need for substantive change by introducing martial rape as a human right violation through the work on the current case study and analysis of the legislative acts, which at some point will also urge for a timely and urgent amendment in the Indian laws to fairly and equally protect every human being in the institution of marriage. Through this research, we will not only fill the gap of laws, legal scholarship existing in the country, but hope to help the policymakers and activists involved in the struggle against gender-based violence.479 views -
Judicial and Policy Perspectives on Sub-Caste Categorization of Scheduled Castes: Challenges and Pathways for Social Justice in Andhra Pradesh and Telangana states
Research Scholar at Department of Law, Capital University, Jharkhand, IndiaPages 946 - 952The categorization of sub-castes under the Scheduled Castes (SC) category in India has been a complex issue, balancing the need for equity among marginalized communities with constitutional mandates. The Indian Constitution, through various articles, offers provisions for the upliftment of SCs, ensuring access to education, employment, and protection against discrimination. However, the diversity within the SC category has led to disparities in the distribution of benefits among sub-castes, raising demands for further sub-categorization. This article examines the Supreme Court of India's pivotal judgments on the matter, including the E.V. Chinnaiah case, which emphasized uniform treatment within the SC category. The article further explores the challenges faced by Andhra Pradesh and Telangana, where socio-economic variations among sub-castes have prompted debates on equitable distribution of reservations. It also discusses the constitutional provisions relevant to SC welfare and the barriers they present to state-level sub-caste categorization efforts. Through a review of legal perspectives and policy debates, this article proposes solutions for achieving social justice for all SC communities while adhering to constitutional principles. The analysis emphasizes the importance of data-driven policies and collaborative efforts between state and central governments in addressing intra-SC disparities, offering a path forward for balanced development and inclusivity.474 views -
Pages 953 - 976In Bangladesh, sexual harassment is a serious and widespread problem that affects women in multiple areas, including workplaces, schools and public spaces and even in their homes. This paper analyses the legal framework of Bangladesh regarding protecting women from sexual harassment which they face in the workplace. It aims to evaluate the effectiveness of existing laws and regulations in providing a safe and secure working environment for women. Through a comprehensive analysis of legislative texts, judicial decisions and enforcement mechanisms, this study identifies key strengths and weaknesses within the current legal system. The findings reveal significant gaps in the implementation and enforcement of sexual harassment laws despite the presence of robust legislative provisions. Key challenges include a lack of awareness among employees and employers, insufficient training for enforcement agencies, fear of retaliation, cultural barriers etc. that discourage the victims from reporting. The study concludes with a series of recommendations that aimed at strengthening the legal and institutional framework of Bangladesh. These include- comprehensive definition of sexual harassment, formation of internal complaint committee, anti-retaliation process, uniform code of conduct, ratification of ILO etc has been discussed. By addressing these issues, Bangladesh can make significant strides toward ensuring a safer workplace for women which will help to promote a gender balanced environment in the professional sectors. This analysis contributes to the broader discourse on workplace safety and women's rights, offering insights that can inform policy reforms and advocacy efforts both within Bangladesh and in comparable socio-legal contexts globally.1,717 views
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Mitigation of climate change is the 21st century dream which can be fulfilled only by providing for renewable energy in the total energy mix. It is essential to convert from being increasingly fossil fuel based economy to low carbon emitting energy based economy. Renewable energy is the key to mitigating the effects of climate change. Renewable energy forms a part of the challenge set out in SE4ALL. The importance of the topic is to understand the need for Renewable Energy in combatting climate change and the need for regulation in India in order to comply with the targets agreed internationally and to implement them in actual. The essential requirements in a RE legislation would be to make sure the 3 Indian energy policy objectives are achieved. This paper seeks to give clarity in understanding the legal and regulatory framework regulating Renewable energy in the context of climate change internationally and nationally. Since, there is no separate statute for Renewable energy, this paper analyses the Draft National Renewable Energy Act, 2015 in respect of the three energy policy objectives, namely, energy access, energy security and mitigation of climate change.372 views
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Indian Judiciary and Hindutva: A Critical Examination of Judicial Perspectives
LL.M. Student at Christ University, IndiaPages 991 - 998This paper explores the role of the Indian judiciary in cases involving Hindutva, examining its interpretation of religious, cultural, and political dimensions. Hindutva, as articulated by the Supreme Court, is often understood as a broader cultural identity associated with Indian civilization rather than a purely religious ideology. The central research objective of the paper is to assess how judicial interpretations of Hindutva have shaped legal outcomes in key cases and their impact on the constitutional framework of secularism and democracy. While some judicial pronouncements have aligned Hindutva with cultural nationalism, concerns have arisen regarding how these interpretations interact with the secular principles enshrined in the Constitution. Through the examination of case studies such as Jagdev Singh Sidhanti v. Pratap Singh Daulta (1964), Bhairon Singh Shekhawat (1995), and Dr. Ramesh Yashwant Prabhoo v. P.K. Kunte, the paper investigates instances where the judiciary engaged with issues of religious and cultural symbolism in electoral contexts. These case studies illustrate the influence of cultural identity on legal reasoning, particularly regarding the use of religious symbols and references during election campaigns. By exploring such cases, the paper aims to reflect on how the judiciary's stance on Hindutva impacts the safeguarding of democratic values and constitutional principles. Ultimately, the paper critically analyzes the relationship between Hindutva and the judiciary, highlighting how the courts' interpretations of cultural and religious symbols have influenced their legal decisions. It further examines the potential of Hindutva's political and cultural underpinnings to shape the judiciary’s role in upholding secularism, potentially shifting the balance between democratic values and ideological influence in modern India.593 views -
Breaking Taboos: The Impact of Explicit Content on Social Norms in OTT
LL.M. Student at Sardar Patel University of police, Jodhpur, Rajasthan, IndiaPages 999 - 1021From the past decades the craze of over-the-top platforms have hiked up with an impressive speed. Before OTT. mass media like televisions, radio and theatres were only the option for people to be connected with movies and serials. But, also the 5g generation need much more than just the movies and actions. People have developed their tastes and attraction to many more like horror, Sci-Fi, action, anime, comedies, Fantasy, Romance etc. and all of these at pone place is only being provided by these OTT platforms with minimum monetary investment. But with growth of demand and viewers of OTT, it has impacted the society in positive and negative means as well especially when country like India is considered where culture, ethics and modesty still are at the priority list and where sex is till considered a taboo and not discussed openly. In this situation also OTT platforms manage to collect their huge number of viewers from this country.504 views -
The Pernicious Blowbacks of Economic Nationalism vis-à-vis Bilateral ASAs
Student at National Law University Jodhpur, IndiaPages 1022 - 1030This article seeks to delve into, and elucidate upon, an issue of contemporary relevance in the domain of Aviation Law i.e., the government’s decision to eschew calls from various airlines and countries to revise existing bilateral Air Service Agreements (ASAs) with these countries. The primary contention of this article is that such a position is not in the best interests of Indian passengers, as well as Indian airlines. The first two parts provide a brief exposition of certain concepts relevant to this discussion, as well as an overview of the international and national laws in this regard. The third and fourth parts attempt to put things in perspective and argue why an Open Skies Policy is best suited for India at this juncture. The fifth part and conclusion primarily counter the government’s arguments and strongly advocate a liberal approach to international aviation in India.389 views -
National Security Meets Digital Trade: Legal and Policy Implications of Cross-Border Transactions
Student at Maharashtra National Law University, Nagpur, IndiaPages 1031 - 1051Digital trade and cross-border electronic transactions have transformed the global economy. It provides unprecedented opportunities but, at the same time, poses highly complex challenges. This paper attempts to examine the intricate relationships between state sovereignty, national security, and legal frameworks in the context of international digital trade. This paper sheds light on the jurisdictional conflicts, taxation disputes, cybersecurity risks, and the loss of nation-states' regulatory control in this increasingly interconnected digital environment. One of the greatest obstacles that cross-border transactions face is the lack of clarity on which jurisdictional conflict laws most cases fall under. This then brings about the conflict between the national legal systems and international cooperation agreements that prevent smooth trade and cooperation between the countries. Perhaps, the best example that will depict this complexity is tax disputes, especially with regard to cross-border e-commerce, which balance revenues in line with international tax policies for consistency. These dynamics have further been complicated by the introduction of digital services taxes, sometimes straining the relationship between nations and technology companies. Further, the paper explores how state sovereignty is being eroded in the digital age. The growing power of global technology platforms, which is accompanied by heavy reliance on foreign cloud services and digital infrastructure, weakens the regulatory control of individual nations and thus potentially undermines their autonomy. Such reliance leaves states open to external pressures that challenge their ability to maintain independent governance. In a national security perspective, risks to digital trade are indeed high. It includes risks due to critical infrastructure attacks, state-sponsored hacking, as well as industrial espionage related to the integrity of the digital economy. Geopolitical rivalries complicate it further because the countries increasingly begin resorting to using the digital trade restrictions as an economic leverage or sanctions tool. All these illustrate the strategic importance of digital trade, where economic policy and security priorities tend to often converge. It goes further to encompass issues with regards to privacy concerns associated with encryption, as yet another effective example of how individual liberties and national security interests could have been balanced. The second point on security-oriented surveillance under which some aspects of global standards of privacy subsist is another representation of wider debates on the confines of state's ability to intervene in the virtual domain. Such challenges include non-recognition of digital instruments, consumer protection is low, and mechanisms for dealing with disputes are inadequate. Most international legal frameworks currently used have been found wanting to adequately address the singular requirements of the landscape of digital trade; therefore, innovative, cooperative solutions must emerge. This paper outlines the necessity for collaboration in an international setting to consider jurisdiction, taxation, security, and legal governance issues for digital trade. The task for policymakers, legal professionals, and other global actors is to establish frameworks that would support the protection of state sovereignty, fairness, and trust within the digital economy. Thus, this paper contributes towards the discussion on building resilience and equity in an international digital trade system capable enough to respond to the demands of the 21st century by addressing such core issues.755 views -
Uniform Civil Code: A Necessity of Hour
Assistant Professor at Sangam University, Bhilwara, IndiaPages 1052 - 1057The Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion. Currently, personal laws of various communities are governed by their religious scriptures. Implementation of a uniform civil code across the nation is pursued by India's ruling Bharatiya Janata Party. Personal laws cover marriage, divorce, inheritance, adoption and maintenance. While articles 25-28 of the Indian Constitution guarantee religious freedom to Indian citizens and allow religious groups to maintain their own affairs, article 44 expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.496 views -
Strengthening Healthcare Delivery through Public Private Partnerships
Ph.D. Scholar at National Law Institute University, Bhopal, IndiaPages 1058 - 1068Public-Private Partnerships (PPPs) have become an essential tool for managing the limited resources of the public sector while meeting the expanding healthcare needs of the populace. PPPs' potential to close gaps in accessibility, cost, and quality is the main focus of this paper's analysis of their role in improving healthcare delivery. By examining successful case studies, including as programs like the Ayushman Bharat health insurance system and diagnostic service outsourcing, the study illustrates the various ways that public and private institutions can work together. The subject matter explores the legislative frameworks that facilitate these collaborations, tackling obstacles like accountability concerns, regulatory hurdles, and fair service delivery. The study also assesses the efficiency improvements made possible by PPPs while contrasting them with issues of inclusivity and equity. It provides insights into best practices and the prerequisites for effective implementation by drawing on experiences from throughout the country.489 views -
From Forest to Future: Integration of Chenchu Tribe into Society
Student at Gujarat National Law University, Gandhinagar, IndiaPages 1069 - 1086The Integration of indigenous tribes into society remains not only a critical developmental concern but a test of a nation’s commitment to development, cultural preservation and social cohesion. This paper examines the Case of the Chenchu tribe, indigenous to the Nallamalla Forest in Andhra Pradesh, India. Despite their rich cultural heritage and traditional knowledge systems, the Chenchu tribe has faced numerous challenges in integrating into broader society, including marginalization, economic disparities and loss of land. This paper employs empirical tools to understand the integration of the Chechu tribe into society by various parameters. Using a door-to-door approach, questionnaire is utilised to understand the realities on ground. Data has also been collected through Interview method. Secondary data from the Ministry of Tribal Affairs has been utilized. This paper studies the Modus Vivendi of the Chenchu tribe closely to understand their ways. The Complexity of the matter heightens significantly because of the extremely close association of the Chenchus with the Nallamalla Forest. Furthering the challenges is the fact that Chenchus live in the presence of the endangered national animal – Tiger. The Nagarajunasagar Srisailam Tiger Reserve (NSTR) located inside the Forest is the shared home of both Chenchus and Tigers. Here comes the dilemma of Conservation-Displacement trade-off by the Government. There lies a thin line between Integration and Assimilation. While the definition stands clear, the projection of the same in reality is often unclear. This paper advocates for concerted efforts from all parties involved to realize that developmental definitions of the Chenchu tribe vary from that of the general perception. Innovative and flexible strategies need to be adopted, guaranteeing that policies and programs aid in the safeguarding and development of Chenchu culture and identity instead of undermining them.788 views -
Protecting Artificial Intelligence through Patent and Copyright Laws: An Ethico-Legal Dilemma
Ph.D. Candidate at Maharashtra National Law University, Auranagabd, IndiaPages 1087 - 1099Artificial Intelligence (AI) is an autonomous system that imitates human intelligence and mimics human actions. This system works mostly without any human intervention. The advancement in AI has reached such a height that automated content generation is not fiction but a commercial reality. The legislative intent behind the IPRs laws is to foster creativity and innovation. Traditionally, IPRs are given to the ideas expressed through human creativity. The introduction of AI in the copyright, patent, and designs has changed the dimensions of the protection of IPRs. While discussing IP rights and AI the most important question that arises is whether AI creativity needs to be incentivized separately. The authors will discuss the ethico-legal dilemma surrounding the ownership (including authorship for copyright and inventorship for innovation) of AI and the legal liability (including tortious) attached to it. The authors argue that the future of AI will be determined by the legal and ethical dimensions governing the working of AI. The aspect includes IP ownership, incentivization, and liability of IP ownership and ethical dilemmas governing the same. Considering this, and the United Nations Educational, Scientific, and Cultural Organization’s Ethics of Artificial Intelligence (UNESCO), the authors will analyse and put a way forward by balancing the rights of AI and human creativity.419 views -
Pages 1100 - 1113The Indian judiciary is one of the most powerful institutions in the country, with the power to interpret laws, shape public policy, and uphold constitutional values. However, the representation of marginalized communities within the judiciary remains a pressing issue. This paper critically examines the judicial appointment process in India and its implications for the representation of Dalits, Adivasis, women, and other marginalized groups. Through a detailed analysis of the collegium system, historical underrepresentation, and the potential impacts of inclusive reforms, this paper argues that the lack of diversity within the judiciary impedes justice and undermines public trust. By proposing systemic changes and affirmative action, this paper seeks to ensure that the judiciary more accurately reflects the diverse population it serves.516 views
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Pages 1114 - 1131The rapid expansion of the gig economy in India has significantly altered the labor landscape, offering flexibility to workers but simultaneously exposing them to precarious working conditions. This study explores the legal challenges faced by gig workers, who engage in temporary, project-based employment through digital platforms. Unlike traditional employees, gig workers lack essential protections such as job security, social benefits, and fixed working hours. Indian labor laws, primarily designed for formal employment, fail to address the unique nature of gig work, leaving workers vulnerable to exploitation. This research critically examines the gap in India’s existing legal framework and evaluates the adequacy of social security provisions under the Code on Social Security, 2020. The paper highlights the need for reforms to protect gig workers' rights while ensuring the continued growth of the gig economy. The study also draws on global best practices, including models from the United States, the United Kingdom and Germany, suggesting that India can implement similar frameworks to improve gig workers’ access to welfare benefits, fair wages and dispute resolution mechanisms. It concludes with a call for comprehensive legal reform, including clear policies on compensation, health insurance and career development for gig workers, to ensure their inclusion in India's evolving workforce.563 views
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Mob Violence In India: Recent Trends and Mitigation Strategies
Guest Faculty at Government Law College, Indore, M.P., IndiaPages 1132 - 1160The phenomenon of mob violence has been seen throughout history, indicating its longstanding presence in many societies. The quality of it has been present for a considerable duration. The recent significant increase in similar occurrences during the past several years in India is both concerning and the rationale for bringing it to public attention. In the context of India, instances of mob violence have manifested in several ways, serving as responses to a multitude of concerns such as communalism, political provocation, criminal activities, acts of violence targeting certain religious or social groups, sexual assault, homicide, religious and cultural intolerance, racial discrimination, theft, and other related matters. The act of defacing public property as a form of expressing disagreement or unhappiness with governmental actions and policies is a highly infrequent occurrence among members of the public. The central attribute of mob violence entails the collective collaboration of individuals to safeguard their families, communities, possessions, positions of authority, or privileges, while simultaneously administering punishment or causing suffering to others to redress wrongdoing and uphold justice. The key determinants that lead to instances of mob violence in India are the nation's inefficient and bureaucratic legal system, pervasive corruption, elevated crime rate, heterogeneous social fabric, and limited educational achievements. In this paper Author tried to focus the history, Evolution, reasons, effects, Impacts of Mob violence on society, Legal Remedies and Mitigation Strategies in context of India.588 views -
AI-Assisted Language Learning: Transforming English Language Education in the 21st Century
Assistant Professor at AIBAS, Amity University, Noida, IndiaPages 1161 - 1175The growing presence of artificial intelligence (AI) in English language education is changing how teachers teach and how learners engage with language. From chatbots and virtual assistants to intelligent tutoring systems and speech recognition tools, AI is becoming an active part of classrooms and independent learning spaces. This paper explores how AI is helping to reshape the learning of English language skills (speaking and writing) by offering learners more personalised experiences, instant feedback, and greater flexibility in their learning journeys. It also looks at how teachers can help learners address language learning challenges, such as poor speaking and writing skills, lack of vocabulary, and encouraging ongoing language practice beyond the classroom. At the same time, the study does not overlook the concerns linked to AI, including privacy, overdependence on technology, and unequal access among learners. The research draws on data collected through two direct classroom observations to examine how AI influences learner engagement, motivation, and performance in the language classroom. This research study follows a mixed-methods research design where 36 UG learners have been observed directly for a period of 16 weeks to study the efficacy of the AI-assisted language learning process. The integration of both quantitative and qualitative findings suggests that AI when used sensibly, can make learning more dynamic, responsive, and effective. However, the successful integration of AI requires more than just access to technology — it calls for well-prepared teachers, ethical use of AI, and careful alignment with educational goals. Ultimately, the study argues that AI can enrich English language education when seen not as a teacher replacement but as a valuable partner in the learning process344 views -
Evaluating the Awareness and Implementation of Right of Children to Free and Compulsory Education, 2009 amongst Primary School Teachers for Quality Education in India
Assistant Professor at Amity Institute of Behavioural and Allied Science, Amity University, Noida, IndiaPages 1176 - 1199Education enables individuals to get to knowledge and skills specifying the scope of right that they hold, and government's commitments. It bolsters individuals to build up the relational abilities to claim these rights, the certainty to talk in a forum, and the capacity to consult with and the government authorities and political powers, on behalf of those who are deprived of such right. The Indian Constitution has perceived the significance of education for social change and is focused on social equity. Education is therefore a key for a better economic future for the country through dissemination of more knowledge through the new act, which will be implemented with sincerity, to s secure the right guarantees under Article 21 A of the Indian constitution. It is a Survey Study in which the required data was collected using the Questionnaire developed by the investigator. The research design used in this study was both ‘descriptive’ and ‘exploratory’. The data was analysed using mixed methods, i.e., qualitative and quantitative. In the present study, 155 teachers of government and private schools of Ujjain District constituted of the sample. The study’s findings reveal that most of the teachers are aware (85.5%) and have implemented (66.23) the various provisions of the RTE Act 2009 and reported improvement in school admission rates though there was no such improvement in the dropout rate.357 views -
The Insolvency and Bankruptcy Code 2016 is intended to consolidate the framework by establishing distinct legislation for bankruptcy in the country. Corporate governance refers to a company's dedication to running its activities legally, ethically, and transparently. It includes exchanges between shareholders, creditors, employees, and the general public. To improve debt settlement procedures in India, the Insolvency and Bankruptcy Code, 2016 (IBC) was implemented. The IBC tries to give creditors power over a firm, allowing them to make debt payment decisions while the debtor continues to operate. Debt repayment, a change in control, and liability release are all viable resolution options. The research paper discusses code changes, such as the development of a credit-control regime. This study looks at how resolution experts, creditors' committees, and other stakeholders help to achieve corporate governance standards. The code promotes corporate governance principles and regulatory procedures for firm resurrection via CIPR, or liquidation, while balancing the interests of debtors and creditors. It makes the process of doing business less inconvenient, hence strengthening the country's business environment. It protects creditors' accounts from becoming NPAs, and the code ensures justice for shareholders by restructuring and restarting the business in a fixed time frame. To decide the tribunal's position on the issue, many case laws are reviewed. The report makes recommendations for increasing efficiency under the IBC on the subject.628 views
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More than half of Cameroon’s population live in urban areas with majority being tenants or lessees. Lease agreements often present a wide range of problems causing squabbles between lessees and lessors or tenants and landlords, especially due to the fact that there is no uniform law regulating this domain in Cameroon. Therefore, resort can only be made to OHADA Uniform Act on General Commercial Law that deals with commercial lease. Most often, lease or tenancy agreements are concluded verbally without formal writing. Also, many people enter into such agreements without clear definition of the rights and obligations of the parties. The legal considerations put in place by the law to regulate lease agreements are imperative especially to traders who take out premises on rent for commercial/business purposes. Traders enjoy their business profitability where premises are rented in an environment which is conducive for commercial purposes. Therefore, this paper seeks to identify the nature of a lease or tenancy agreement, while establishing the rights and obligations that exists in such agreement, and the grounds for termination. While making use of an in-depth content analysis and critical evaluation of primary and secondary data, this paper argues that the rights of the lessee or tenant who is the weaker party, goes beyond that of possession as imbedded in the rights and obligations of the parties. The paper culminates with some recommendations for better protection of the rights and obligations of both the lessee and lessor or tenant and landlord.657 views
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This existing empirical study delves into the intersection of technology and income sustainability for auto rickshaw drivers in Mysore, with a focus on the impact of ride-sharing platforms such as OLA, UBER, and RAPIDO on their daily earnings. The advent of these platforms has reshaped urban mobility by increasing accessibility and simplifying navigation. However, despite these advancements, auto rickshaw drivers face ongoing challenges stemming from seasonal demand fluctuations, variable pricing, rising fuel costs, and platform commission fees, which contribute to income instability. This research addresses gaps in existing literature by investigating how technological innovations influence drivers' livelihoods in the context of fluctuating revenue and escalating operating costs. Using both quantitative and qualitative methods, the study examines trends in earnings, expenses, and market dynamics in Mysore’s transportation sector. It also explores the broader societal benefits of ride-sharing technology, such as improved access to transportation for both locals and tourists. The research ultimately seeks to determine whether auto rickshaw drivers can sustain steady incomes amidst mounting competition, regulatory changes, and rising operational costs. Additionally, it aims to propose legislative measures that could foster long-term income stability, balancing technological progress with equitable economic outcomes. The findings are expected to inform urban policy and planning, offering valuable insights for the development of regulations that ensure fair pay, income security, and sustainable practices within Mysore’s transportation ecosystem. By examining the economic implications of technological advancements, this study aims to contribute to a more resilient, inclusive, and balanced urban mobility framework.519 views
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AI Integration in India’s Legal System: Transforming Justice Delivery
Student at Prestige Institute of Management and Research, Indore, Madhya Pradesh, IndiaPages 1268 - 1278The term artificial intelligence describes the practice of simulating human intellect by developing computer systems and algorithms. Artificial intelligence (AI) systems are built to learn from information, detect patterns, and make logical conclusions or predictions. A subset of artificial intelligence called machine learning (ML) allows computers to learn from data and perform better on a given job without needing to be explicitly programmed. A major issue facing the Indian judiciary at the moment is the enormous backlog of cases that are waiting at all judicial levels, from Taluka Courts to the Hon'ble Supreme Court of India. It has recently been discussed that if early action is not done, the legal system would implode and become almost worthless. Worse than that, the general public's trust in the judicial system will be lost. Justice must be served promptly. The Honorable Supreme Court has ruled in a case that "justice postponed is justice denied." The implementation of artificial intelligence (Al) in the legal and judicial system is gaining prominence. Latest communicates have focused on the ethical and technological implications of using Al to improve justice administration in India. Following the COVID-19 epidemic, the Indian legal system is adopting Machine Learning and AI to reform the judiciary through the e-Court initiative by the Supreme Court of India's Al Committee. Al's potential use in law is becoming increasingly feasible. This paper aims to investigate the use of AI in Indian Judiciary system. In addition, the paper discusses various advantages and disadvantages of Integration of AI in India’s legal system and risks associated with AI use in Judiciary. Furthermore, the paper discusses the main issue of whether it can actually take the place of human judgment.778 views -
Pages 1279 - 1295The actions of producers in a marketing plan are influenced by the quick and dynamic commercial growth environment. Today, it is crucial for retail managers to comprehend and anticipate how various consumer kinds would act while acquiring various goods and services to meet their wants. As a result, in order to gain a competitive edge in the market, a number of retailers have concentrated on forming positive consumer perceptions of their brands in an effort to sway consumers' purchasing decisions. There are numerous strategies for advertising a firm using the marketing mix. To meet the wants and expectations of the customers, the marketing strategy is therefore linked to the products, prices, promotions, and location. Consequently, the goal of this study is to evaluate the 4Ps of marketing. The study's specific goal is to evaluate the levels of product, price, promotion, place, and buying choice. Additionally, correlation research is conducted to see if there is a connection between purchase decisions made by customers and factors such as product, price, promotion, and location. In this study, data were gathered using a questionnaire as part of a survey approach and a quantitative research design. The conceptual study frameworks of product, pricing, promotion, and place make up the independent variables. The dependent variable is the consumer's choice. The results show that generally the 4Ps of the marketing mix may influence their choice of product. Considering the outcomes of this, some recommendations have been suggested to improve on the part that they are weak on so that it becomes better in future. In this case, marketers must create an effective marketing strategy, which is necessary to first understand what business is being carried out because the service or goods business is a different business. Several articles and research findings suggest that marketers make a distinction between goods and services businesses, and vary their marketing strategies to satisfy customers. One form of marketing strategy that is able to support marketing products to create consumer satisfaction is the use of a marketing mix that includes product, price, promotion, and place.324 views
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The Role of AI in Telemedicine: Legal and Regulatory Perspective
Research Scholar at National Law Institute University, Bhopal MP., IndiaPages 1296 - 1305Telemedicine’s use of artificial intelligence is revolutionizing healthcare by improving the ability to monitor, diagnose, and treat patients remotely. However, in order to guarantee patient safety and the appropriate operation of healthcare systems, the incorporation of AI into telemedicine presents important legal and regulatory issues that need to be resolved. The legal and regulatory viewpoints on AI’s use in telemedicine are examined in this study, with particular attention paid to important concerns including data privacy, security, accountability, and adherence to healthcare regulations. Sensitive patient data is frequently used in AI-driven telemedicine apps, which means that privacy regulations like the General Data Protection Regulation (GDPR) in Europe and the Health Insurance Portability and Accountability Act (HIPAA) in the US must be strictly followed. These rules may make it more difficult for data to be shared easily across borders, even while they are intended to protect patient information. Liability issues are also brought up by the growing use of AI in decision-making, especially when AI algorithms are used to inform diagnosis or treatment recommendations. There is still a legal dispute over who is at fault, whether it is the AI systems themselves, developers, or healthcare providers. Regulations governing telemedicine must also change to take AI technologies into account. These regulations should handle matters like licensure, payment, and the range of practice for medical professionals who use AI tools. This study looks at current frameworks and how well they adjust to new technology, pointing out areas that require modification in order to strike a balance between patient safety and innovation. This study attempts to add to the continuing discussion about the ethical, legal, and practical aspects of integrating AI in healthcare by offering a thorough examination of the legal and regulatory ramifications of AI in telemedicine. Ultimately, to ensure the safe, efficient, and just application of AI in telemedicine, a thorough and transparent regulatory framework is required.487 views -
Pages 1306 - 1314“Ostensible” means “seeming or stated to be real or true, but not necessarily real or true”. The word “Ostensible Ownership” means the “apparent ownership”. The object of the legal concept of ostensible ownership is to protect the purchaser (transferee), who believes that he purchases the property from the actual owner. An apparent owner has all the indicia of possession without being the genuine owner. Section 41 of the Transfer of Property Act, 1882 governs the transfer by ostensible owner. It is an exception to the general principle "Nemo Dat Quod Non Habet" which means that a person cannot transfer a better title to property than what they possess. When the transferee claims protection under this section, the onus of proof lies on the transferee to prove that the transferor was the ostensible owner, and that transferee acted in good faith and with reasonable care. This section governs the provisions regarding transfer by ostensible owners. It is an exception to the general principle of "Nemo Dat Quod Non Habet," which means that a person cannot transfer a better title to property than what they possess. Benami transactions are unlawful in India and are often exploited for illegal purposes. The intention behind the transaction is the key component in the difference between ostensible ownership and Benami transactions. In India, the ostensible owner is popularly known as “Benamidar” which means holding the property “without the name”.894 views
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GST in India: Lessons from Canada and Brazil
Ph.D. Scholar at National Law Institute University, Bhopal, IndiaPages 1315 - 1321Drawing lessons from Canada and Brazil, two federal nations with distinct GST models, this article explores how their experiences can inform India’s ongoing GST journey. Canada’s dual GST structure, characterized by cooperative federalism and a harmonized revenue-sharing system, offers valuable insights for India in terms of enhancing tax efficiency and promoting intergovernmental cooperation. On the other hand, Brazil’s fragmented tax system, marred by decentralized tax powers and competitive "fiscal wars," serves as a cautionary tale for India, emphasizing the need for simplification and centralized coordination to avoid inefficiencies and regional disparities. This article advocates for incorporating these lessons into India’s GST framework, suggesting that a more streamlined, predictable, and business-friendly tax regime will promote sustained economic growth and equity across states. By examining both successes and failures in Canada and Brazil, this study proposes strategies for refining India’s GST system to ensure its long-term success.661 views -
Pages 1322 - 1337Prison rehabilitation plays a crucial role in fostering inmate reintegration into society. This study examines the need for psychological training as a core element in prison rehabilitation in India, highlighting its impact on reducing recidivism and enhancing inmates’ psychological well-being. Utilizing a systematic literature review, this study explores key psychological interventions, including Cognitive-Behavioural Therapy (CBT), mindfulness training, psycho-education, and strength-based training, and their effectiveness in reducing criminal tendencies and improving inmate resilience, self-efficacy, and optimism. The findings reveal that while psychological training significantly improves emotional regulation, social adaptation, and coping mechanisms, its implementation in Indian prisons faces multiple challenges, such as overcrowding, lack of trained professionals, and a punitive rather than rehabilitative correctional approach. The study underscores the necessity of integrating psychological training into existing correctional policies, enhancing staff training, and implementing structured post-release support mechanisms to maximize rehabilitation outcomes. Future research should focus on empirical studies assessing inmate readiness for psychological interventions and longitudinal studies tracking post-release success. The study emphasizes that holistic psychological training programs can contribute to sustainable rehabilitation efforts, ultimately fostering successful reintegration and reducing recidivism rates in India’s prison system.466 views
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Comparison Between Indian Board of Directors and Foreign Board of Directors
LL.M. Student at SRM Institute of Science and Technology, IndiaPages 1338 - 1344With the significance of board independence, composition, diversity on board, governance structures and legislative frameworks, this paper explore the similarities and difference between Indian board of directors with the other country’s board of directors such as U.K., U.S., Germany, Australia, France. While the foreign boards have different proceed towards the composition of board and responsibility of directors, the Companies Act, 2013 governs the Indian board of directors which place an importance on director’s independence and gender diversity.468 views -
Enhancing Resilience through Integrated Disaster Management in Sustainable Development: Strategies and Challenges
Assistant Professor at VES College of Law, Chembur, Mumbai., IndiaPages 1345 - 1357Building resilience in the face of an increasing number of disasters is essential to sustainable development. The complex dynamics, approaches, and difficulties of incorporating disaster management within frameworks for sustainable development are examined in this abstract. Global environmental sustainability, economic advancement, and social stability are all at risk from disasters, whether they are caused by nature or by human activity. A comprehensive strategy that integrates proactive actions like mitigation, readiness, response, and recovery within larger sustainable development paradigms is necessary for effective disaster management. Important tactics include encouraging multi-sectoral collaboration, encouraging risk-aware decision-making, encouraging community engagement, and utilizing technology advancements for early warning systems and quick reactions. Development agendas that incorporate resilience strengthen society's ability to adapt and reduce vulnerabilities in the future. The importance of implementing a comprehensive and inclusive approach to catastrophe management within frameworks for sustainable development is emphasized in this study. Communities can achieve sustainable development goals while strengthening their ability to withstand setbacks by doing this. In order to strengthen global resilience in an increasingly unpredictable environment, policymakers, practitioners, and academics should pay more attention to these tactics, difficulties, and useful suggestions in this study.437 views -
Mitigating Climate Impact: Carbon Credit Schemes in Environmental Preservation and Energy Conservation
Assistant Professor at Oriental University, Indore (M.P.), IndiaPages 1358 - 1372The Carbon Credit Scheme has emerged as a crucial tool in the global fight against climate change, promoting sustainable development and encouraging businesses to adopt environmental friendly practices. This research article delves into the intricacies of the Carbon Credit Scheme in India, analyzing its evolution, implementation, and effectiveness in mitigating carbon emissions, analyzing its evolution, current status, challenges, and potential improvements. The study aims to provide a comprehensive understanding of the legal intricacies surrounding carbon credits.417 views -
Pages 1373 - 1383Circular products are products that are created with the idea that they can be used, reused, and recycled, reducing waste and minimizing harm to our planet. As concerns about climate change and environmental degradation grow, the circular economy offers a promising solution by encouraging practices that reduce waste, extend product life, and promote sustainability. In India, a country of diverse cultures and rapid economic growth, the shift towards circular products has the potential to make a significant environmental impact. This research focuses on understanding how Indian consumers perceive and engage with circular products, exploring the factors that influence their willingness to adopt these sustainable alternatives. The study aims to uncover the motivations, challenges, and benefits perceived by people when it comes to circular products. It will look at how price, quality, and environmental concerns shape purchasing decisions and explore the role of education, government policies, and corporate efforts in encouraging this shift. The goal is to gain a deeper understanding of the barriers and opportunities that exist, ultimately helping businesses and policymakers design strategies that make circular products more accessible and attractive to Indian consumers. This research aims to contribute to the broader movement towards sustainability by supporting a transition to a more responsible consumer culture in India. This research study surveyed 100 individuals employing a hybrid methodology that integrated quantitative and qualitative analyses. Primary data was gathered through a self-administered questionnaire, whereas secondary data was sourced from existing publications, including journals, social media network and websites.411 views
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Whose Song is it Anyway?
Law Graduate from Ramaiah College of Law, Bengaluru, Karnataka, IndiaPages 1384 - 1389Song is an artistic expression that emerges from the creativity, emotions, and experiences of its creators. It is a unique and dynamic form of intellectual output that blends melody, rhythm, and lyrics to convey ideas, emotions, and cultural narratives that plays an essential role in an individual’s life and contains large economic value thereby making the creation and distribution of it significant. Fair compensation for such creation recognises the intellectual labour involved in creating songs and supports the sustainability of the creators. However, there is looming disparity between the creators and the production houses / music recording labels with regard to the compensation and often the original creator’s creation is traded for a one time compensation under a contract and the production houses / music recording labels tend to enjoy the recurring extravagant royalties when the songs are subsequently used, taking advantage of the recall value of the songs. This practice disregards the labour of the original creators depriving them of their rights and their entitlement to royalties. In the present article we have analyzed the position of Copyright law having regard to the Amendment of 2012, alongside relevant judgements to closely understand the rights of the various stakeholders behind a completed song, ready for public viewing.464 views -
Conceptualization of the Corruption and the Need for a Paradigm Shift in Criminal Jurisprudence
Assistant Professor at Government Law College, Salem, IndiaPages 1390 - 1398Corruption has become deeply rooted in the society, prompting governance and corroding public trust. Despite numerous legal frameworks, the lack of accountability and enforcement spreads corruption in entire system. This research paper discovers the impact of the corruption on good governance, its socio-economic consequences, and the need for a paradigm shift in criminal jurisprudence. This paper contends that existing legal mechanisms have failed to identify the corruption effectively, for which this paper necessitating stricter legal frameworks, institutional reforms, and increased public participation in anti-corruption efforts. By analyzing the deficiencies of the current system and proposing key reforms such as shifting the burden of proof, implementing mandatory sentencing, and criminalizing corrupt ideologies this paper try to find a holistic approach to confronting corruption. Besides, it highlights the significance of whistleblower protection, public transparency mechanisms, and ethical education in nurturing a corruption-free society. Only through a combination of legal reforms and active public participation can justifiable transformation be attained in fighting corruption.344 views -
The Legal Impact of Emojis: Challenges, Interpretations, and Regulatory Perspectives in Digital Communication
Student at Smt. Basamma Gurulingappa Law College, Lingasugur, Karnataka, IndiaPages 1399 - 1420The proliferation of emojis in digital communication has introduced new challenges for legal interpretation, particularly in the context of Indian law, where case law on this subject is still underdeveloped. Emojis, which convey non-verbal cues and emotions, are inherently subjective and can be interpreted differently depending on context, platform, and cultural background. This paper examines the complexities associated with interpreting emojis in legal contexts, especially in criminal and contract disputes, where clarity of intent is critical. It explores international case law, including Taylor v. Twitter (2020) and U.S. v. Christensen (2017), to highlight how courts in other jurisdictions have addressed these challenges, offering valuable insights for Indian courts. Additionally, the paper underscores the role of expert testimony in helping courts navigate the complexities of emoji interpretation, from linguistic analysis to platform-specific variations in emoji rendering. The Unicode Consortium’s role in standardizing emojis across platforms is also explored, as well as the growing need for formal guidelines to regulate their use in legal documents and professional settings. As India’s legal system grapples with these emerging issues, this research advocates for the development of a more robust legal framework to ensure consistent interpretation of emojis in legal disputes. By examining international precedents and the role of expert testimony, the paper suggests that Indian courts can adopt a contextual approach to emoji interpretation, ensuring clarity and fairness in digital communication-related cases.701 views -
Democracy through the Lens of Constitutional Morality: A Study in the Philosophical thought of Dr. B.R. Ambedkar
Student at Department of Laws, Panjab University, Chandigarh, IndiaPages 1421 - 1430In the words of Dr. B.R. Ambedkar, democracy is the basis of all freedoms and is solely responsible for cultivating a constitutional law of the land, coupled, and juxtaposed with the ideas of equality, justice, fraternity, and liberty. Democracy and constitution are inter-dependent upon each other and the reinforcement of one is the basis and foundation of the other. This mutual relationship is responsible for constitutional development of a democracy. Dr. B.R. Ambedkar, was the architect and the Chairman of the Drafting Committee of the Constituent assembly and was entrusted to be on this particular position, because of the trust and faith that was imposed in him, by other members of the Assembly. Since, Constitution is not a mere lawyer’s document, but a vehicle of life, the age of which is the age of time whereby it operates; the democratic values associated with the constitution are also dynamic in operation. This interlinkage and inter-connection of a number of constitutionally democratic ethics leads to the development of constitutional morality, which forms the axis of constitutionalism and the concept of living constitutionalism. A constitution is a scared document that is written by the forefathers of a nation, basically depicting the way they visualize their nation in the future. The basis of the same is formed by the struggles, the aspirations, the zeal of the independence struggle and the foresight to have an independent nation, endowed with the values of constitution and constitutional morality, coupled with the spirations of a democratic nation. It is in this context that the present manuscript is being written. The present research paper shall deal with the concept of democracy, a brief on the concept of democracy with respect to Dr. B.R. Ambedkar, the principle of constitutional morality, the interlinkage between democracy and constitutional morality, and the jurisprudential trajectory of the same in India.760 views -
Unraveling the Rationale Behind Cut-Off on Women’s Right to Ancestral Property
Student at The Tamil Nadu Dr. Ambedkar Law University, IndiaPages 1431 - 1441The Hindu Succession Act, 1956 being a prologue in women’s property right, it could not bring in tenable equality as it did not embrace within its ambit, the ancestral property. The Hindu Succession Amendment Act, 2005 came as a windfall to the women whereby certain provisions uplifting the status of women, along with extending coparcener status to daughters, which entails women equal right to property even in the ancestral property. Accordingly, this progressive legislation in nature of a Declaratory Act might be given retrospective operation. This led to trepidation among individuals possessing a vested right by way of notional partition in the ancestral property. When the balance between the retrospective operation of the amendment and vested right was imprecise, the Supreme court by setting a cut- off on women’s right to claim ancestral property in 2015 has opened the Pandora’s box. Later, the Supreme Court has cleared the air in Vineeta Sharma v. Rakesh Sharma by securing Hindu women the coparcenary right by birth, and it has got nothing to do with the Father’s life, and notional partition being a legal fiction will not lead to a vested right at all, in this context; this article essentially touches on various such interpretations, and attempts to elucidate the justifications.537 views -
Powers of Securities Exchange of India in Respect of Judicial Power
Assistant Professor at SRM School of Law, IndiaPages 1442 - 1455This paper examines the judicial powers of the Securities and Exchange Board of India (SEBI) under the SEBI Act of 1992, focusing on its quasi-judicial authority and its implications for regulatory governance. While SEBI is tasked with overseeing the securities market, its powers raise concerns about the separation of powers and potential overreach. The study explores the role of the Securities Appellate Tribunal (SAT) in reviewing SEBI’s decisions and identifies gaps in legal oversight. It also compares SEBI’s authority with international counterparts and suggests reforms to balance regulatory efficiency with constitutional principles.592 views -
Position of Minority Shareholders in Shareholder’s Agreement under Indian Legal Framework
Assistant Professor at SRM School of Law, IndiaPages 1456 - 1467A Share-holder is one of the most important documents in a company, defining the rights, responsibilities, and powers among the shareholders, which serves as a contribution to stability and conflict resolution. The shareholders are diverse, with the minority shareholder often not being able to influence decision-making, and the SHA will govern matters of share transfer, voting, and dividend policies that often favours a majority shareholder. Since SHAs are not specifically governed in the Indian legal framework, even the general provisions of Sections 6 and 58 of the Companies Act go a long way in governing validity and shareholder rights. The research paper will address the role of minority shareholders in SHAs and their legal protection and compare this approach of India with other common law jurisdictions, such as the USA, looking at judicial trends and real-life implications.517 views -
Pages 1468 - 1475Mediation being an ADR mechanism, is a procedure for amicable resolution of cases with settlement elements. Quick Litigation, Low transaction costs, Flexibility, Preservation of Relationships, etc. are some of the attributes of Mediation creating it suitable a suitable platform for the resolution of conflicts related to consumer disputes. Due to growth of consumerism in recent times, Indian Legal System is constantly making efforts to embrace Mediation as a viable option to resolve consumer disputes. Frameworks are being instituted to make mediation more accessible to consumers, through the establishment of user-friendly mechanisms and the provision of information and support. The Consumer Protection Act, 2019 and the Mediation Act, 2023, in India, specifically provides for the procedure of mediation at District, State or National level through the Consumer Commission. Continued efforts to promote awareness, enhance accessibility and address implementation challenges is important to further vitalize the mediation role in safeguarding consumer rights and endorsing fair market operations. The disputes like product defects, service issues, contract disputes, pricing disputes, deceptive practices, etc. may be referred to mediation by the consumer commission or the parties themselves may choose mediation, with appointment of a qualified and impartial mediator facilitating the communication between the parties, helping them to understand each other’s perspectives and explore possible solutions. Despite legal recognition, awareness and utilization of mediation among consumers and businesses still vary and the challenges remain prevalent in effectively implementing mediation mechanisms within the existing consumer protection framework. A consistent supply of well-trained and experienced mediators is crucial for the successful implementation of mediation, ensuring fairness and addressing potential power imbalances between consumers and businesses. The researcher aims to analyse the role of mediation related frameworks in the adjudication of Consumer disputes.750 views
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Pharmaceutical Innovation through the Lens of Patent Law
Student at Amity Law School, Noida, IndiaPages 1476 - 1490This chapter explores the critical role of patents in fostering innovation within the pharmaceutical industry. It begins with an in-depth examination of patent law, focusing on its purpose of incentivizing invention and the specific criteria required for patentability. The discussion then shifts to the unique characteristics of the pharmaceutical sector such as the extensive R&D process, high failure rates, and regulatory hurdles to highlight the importance of process patents in supporting drug development. Further, the chapter analyses the financial incentives provided by patents, including market exclusivity and revenue generation, and their influence on investment decisions. It also examines the role of small and medium-sized enterprises, the practice of patent cultivation, and the impact of the TRIPS Agreement on global access to medicines. Additionally, it addresses the challenges of measuring innovation through accessibility and lays the foundation for subsequent chapters, which will delve into the broader public health implications of drug patents.608 views -
Juxtaposition of AI-Generated Works and Copyright Law Under India’s Intellectual Property Regime
Junior Legal Associate at Blancco Technology Group, IndiaPages 1491 - 1513The juxtaposition of Artificial intelligence (AI)-generated works and copyright under the Indian intellectual property regime is a rather meekly addressed topic of discussion across various precedents and statutory overviews. Unlike any other technology previously seen before, AI embedded with deep learning software even have the ability to generate works with little to no human interference and can be considered an entirely original work. This phenomenon is often referred to as ‘AI emergence’ and has led to the conception of several original creations. The key originality feature of the AI work raises disputes pertaining to ascertaining authorship and ownership over the AI generated work and its subsequent copyright and begs the question of whether AI ownership can break the traditional definition of a person under section 2(d)(vi) under the Copyright Act, 1957 to include artificial entities. In response to this conundrum, this paper warns against awarding authorship rights to AI, in light of several legal complex issues starting with infinite duration of protection and the dangerous precedent of extended human like recognition to AI. Instead, to balance the need to copyright the AI generated work against the creator’s and user’s interest, this paper proposes the introduction of clearer guidelines on how the creator’s authorship and ownership is determined over the AI generated work, in terms of the extent of contribution made. It further proposes the introduction of clarity through statutory provisions on the regulation of copyright of the AI generated work.620 views -
Cross Border Mergers
LLM Student at NALSAR University of Law, IndiaPages 1514 - 1530In an era of globalization, cross-border mergers have emerged as a strategic tool for Indian companies seeking international expansion, resource optimization, and operational efficiency. Historically, the regulatory landscape in India restricted outbound mergers, limiting the ability of Indian firms to merge with or into foreign entities. However, the Companies Act, 2013, alongside the Companies (Compromises, Arrangements, and Amalgamations) Rules, 2016 (CAA Rules), and the Reserve Bank of India’s (RBI) Foreign Exchange Management (Cross-Border Merger) Regulations, 2018, have collectively redefined India’s approach to cross-border mergers by enabling outbound transactions under specific conditions. These legislative advancements have facilitated global fund allocation while maintaining regulatory safeguards to protect India’s economic interests. This research examines the evolving regulatory framework that governs cross-border mergers involving Indian companies, focusing on the shift from the Companies Act, 1956, to the more flexible Companies Act, 2013. It evaluates the role of key regulatory bodies, such as the National Company Law Tribunal (NCLT), in ensuring compliance and safeguarding stakeholder interests. Additionally, the study explores the RBI’s regulations on financial risk management, currency exchange, and capital outflows in cross-border mergers. Despite these advancements, Indian companies face challenges such as navigating complex regulatory compliance across jurisdictions, cultural integration, and financial risk management. This research aims to assess the effectiveness of India’s legal framework in supporting cross-border mergers, analysing its impact on regulatory compliance, financial management, and long-term strategic objectives. By identifying the challenges and opportunities associated with cross-border mergers, this study provides valuable insights into their implications for Indian businesses in a globalized market. The findings will contribute to a deeper understanding of how regulatory reforms influence the success of cross-border mergers, shaping India's role as a global business destination.700 views -
Hate and Violence: The Story of Mob Lynching in India
Professor & Principal-In-Charge at Shri Vaishnav Institute of Law, Indore, IndiaPages 1531 - 1543The act of killing someone without a trial or other legal process is known as mob lynching. In India, the number of lynching cases has been steadily rising since 2006. Because there are millions of social media users in India, rumours and false information can spread quickly throughout the country. Violence has also been fostered by police incompetence and religious issues. This study intends to investigate the rise, causes, and patterns of mob lynching in India. It was developed by reviewing pertinent literature on the subject. This paper analyses the issue of mob lynching and the criminal threat it poses to humanity, highlighting its far-reaching impact both within India and globally. Mob lynching is a serious threat to human rights, culture, nationality, social harmony, and life itself. Individuals involved in these unlawful acts often fail to realize the consequences of their actions, not only in terms of legal repercussions but also in the physical, emotional, and psychological toll it can take on their own lives. Lynching, ragging, and leg-pulling are clearly defined as criminal acts under the law, yet they remain a sensitive issue that is difficult to openly address. These crimes are deeply felt and experienced only by the victims, who often suffer in silence. While freedom of speech and expression is guaranteed under Article 19(1) (a) of the Indian Constitution, this right does not extend to promoting criminal activities, including lynching or other forms of violence. The media often exacerbates the situation by interviewing witnesses and others involved in these incidents, even though such matters are not yet legally addressed or may have already been dismissed in public discourse. This sensationalism can diminish the pursuit of justice and weaken the efforts to address the crime through legal channels. The impact of mob lynching extends beyond the victims; it undermines the justice system itself, potentially leading to the miscarriage of justice in the future. Multiple sectors whether directly or indirectly play a role in supporting or tolerating these unlawful acts, contributing to the perpetuation of mob violence. This research paper provides a detailed analysis of mob lynching and the laws related to it in India and other countries. Mob lynching is a growing issue in developing India, where crowds gather to publicly execute violent acts without considering the legal process. This behavior is linked to antisocial tendencies. The paper also discusses notable mob lynching cases in India1,029 views -
Land, Law and Liberty: In Context of Nagorno-Karabakh Conflict
Student at Institute of Law, Nirma University, IndiaPages 1544 - 1558International law, often heralded as a mechanism for global justice, is paradoxically fraught with limitations that undermine its ability to resolve disputes effectively. Unlike domestic legal systems with centralized enforcement mechanisms, international law operates within a decentralized framework characterized by the diverse interests, power imbalances, and cultural heterogeneity of sovereign states. This fragmentation renders it a "weak law," lacking the coercive force and consistency of domestic legal systems. The proliferation of nation-states exacerbates these challenges, introducing moral and ethical dilemmas that hinder consensus on critical issues like conflict resolution. Cultural relativism, divergent interpretations of justice, and selective adherence to human rights principles further expose international law to manipulation and inconsistency. Scholars and theorists, particularly within disciplines like international relations, have critiqued these structural deficiencies. Realist perspectives, for instance, emphasize the anarchic international system, where states prioritize self-preservation and security, fostering a climate of mistrust and aggression. This systemic "self-help" paradigm often precludes the possibility of a cooperative, interconnected global order. Despite these challenges, foundational principles and doctrines of international law attempt to balance state sovereignty with obligations to the international community, albeit imperfectly. A critical and recurring tension exists between state sovereignty and human intervention, particularly in the context of protecting civilian populations in times of conflict. Historical instances such as the Kosovo War, Rwandan Genocide, and the Rohingya crisis illustrate these dilemmas. This paper delves into these complexities, with a specific focus on the Nagorno-Karabakh conflict between Azerbaijan and Armenia. It examines how international law's inherent limitations and the aggressive tendencies of states contribute to persistent conflicts, arguing for pragmatic approaches to enhance civilian protection amidst the inevitability of war. This analysis highlights the urgent need for reform in international legal frameworks to address these glaring issues effectively.421 views -
Patents As Corporate Assets: Governance, Valuation and Legal Disputes
Student at SASTRA Deemed University, IndiaPages 1559 - 1568This study delves into the intricacies of patent governance, emphasizing the importance of integrating robust corporate governance practices to safeguard and optimize the value of patent portfolios. It also examines methods of accurately valuing patents, highlighting their significance in financial reporting, mergers, acquisitions, and technology licensing. Furthermore, the paper addresses the rising incidence of patent-related legal disputes, including infringement claims, licensing conflicts, and challenges in enforcing patent rights, offering insights into mitigating these risks through proactive legal strategies. To provide practical context, this paper incorporates real-world case studies that illustrate both successful and failed attempts at patent management, drawing lessons for businesses and policymakers. By addressing these dimensions, the paper aims to offer a comprehensive understanding of how patents can be effectively managed to support sustainable growth, foster innovation, and maintain a competitive edge in a rapidly evolving marketplace.398 views -
A Comprehensive Analysis of the Rights of Persons with Disabilities Act, 2016 in Light of Human Rights of Disabled: Prospects & Challenges
Assistant Professor at Sardar Patel Subharti Institute of Law, Swami Vivekanand Subharti University, IndiaPages 1569 - 1583All people are born free, with a guaranteed Right to Equality and Respect. However, time and again the vulnerable section of society has often faced discernment from their fellow human beings, thus depriving them of their Human Rights. One such class comprises of people with disabilities, who since ages have faced discrimination, stigma, and infringement of their universal Fundamental Rights everywhere around the globe. Both at International and National Level, many actions have been taken to combat this evil. In this light India ratified the UN Convention on the Rights of Persons with Disabilities (UNCRPD) on October 1, 2007 . Accordingly the treaty requires the signatories to update their National laws, find and remove hurdles and barriers, and abide by the UNCRPD's guidelines in true spirit. Therefore, the then prevailing, the Persons with Disability Act, 1995 (PWD Act, 1995) and other legislation were comprehensively amended by the Government of India in light of their world-wide commitment with the aforesaid convention. To be in compliance with the UNCRPD, the PWD Act of 1995 was replaced with the Rights of PWD Act, 2016 (RPWD Act 2016). Although the government and the judiciary have taken a right-based approach to treat the situation, but the Act's implementation would need to be closely watched both at implementation and progression levels. Even after the Act went into effect, handicapped individuals have been denied a number of statutory rights, and therefore, it becomes imperative that judiciary must take the initiative to ensure that the Act's provisions are followed in text and essence. Therefore, this paper is an attempt to analyse the said Act in light of Human Rights of disabled persons along with analysing the International Conventions formulated to cope up with the current scenario. The author also seeks to examine the prospects and challenges the issue hold with an attempt to put forth suggestions in this regard.807 views -
Pages 1584 - 1587Article 368 of the Indian Constitution outlines the amendment process, which serves as a crucial mechanism for adapting the constitution to evolving societal needs. However, this process faces numerous obstacles, including political disagreements, judicial oversight, and inflexibility of certain constitutional provisions. This study investigates the primary challenges of the amendment procedure, such as striking a balance between adaptability and stability, the judiciary's influence, and the effects of political forces. Additionally, it considers potential remedies to enhance the process while preserving the Constitution's essential framework. This research underscores the importance of a measured approach to ensure that constitutional amendments address the nation's changing requirements without compromising its core principles.1,038 views
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Eroding Labour Standard: ILO WTO Debate
Assistant Professor at Shri Vaishnav Institute of law, Shri Vaishnav Vidyapeeth Vishwavidyalaya, IndiaPages 1588 - 1597The evolution of function of the state has largely been from laissez-faire state to welfare state. The function of the state is not only maintaining law and order, but the state has now greater and more active participation in the life of the people. This transition in the nature of the state is not only limited nationally but also internationally. Globally, there are many organizations for ensuring law and order across the boundary. However, the problem arises when there is difficult to maintain consensus among the state for including welfare activities as obligation of the state. The recent debate of Labor standard implementation across different states is gaining momentum. The main argument of non-inclusion of the same is state having different developmental stages in the international agreement. They have argued that it has become cumbersome for any state to have equivalent labor standards. It will be difficult to give any social dimension in the age of globalization. In the paper the author traces the evolution of the ILO-WTO debate on labor standards. She traces the evolution of debate with specific mention of various rounds in ILO-WTO debate. She also analyses the compatibility and limitation of inclusion and the enforcement of labor Standard. She also traces the other viable options for the enforcement of the labor standards. She also gives the gives viable conclusions for implementation of various labor standards.405 views -
Access to Essential Medicines: Challenges and Solutions within Article 31bis of the TRIPs Agreement
Research Assistant DPIIT-IPR Chair at Maharashtra National Law University, Mumbai, IndiaPages 1598 - 1614In this era where health crises are increasingly prominent throughout the world, Article 31bis of the TRIPs Agreement emerges as a beacon of hope for equitable access to essential pharmaceuticals especially for under developed and developing countries. This article examines in detail, Article 31bis of the TRIPs Agreement which facilitates the export of pharmaceutical products from countries having manufacturing capacities to those lacking such capability, particularly in the context of public health emergencies such as COVID-19 pandemic. The article also focusses on the shortcomings of the provision which is further illustrated by Bolivia’s challenges in importing vaccines during the pandemic. The article discusses the ambiguity and flexibility that is inherent in Article 31bis, which may lead to inconsistencies and disputed among member states regarding its interpretation and application. In order to address these issues, the article proposes several solutions including encouragement of Regional Trade Agreements (RTAs) and the development of scientific infrastructure in developing nations. Further, the article calls for a reconsideration of data exclusivity regulations to better align with the goals of expanding access to essential medicines. Finally, the article emphasizes on the need for international cooperation and adaptability in order to enhance the effectiveness of Article 31bis, thereby ensuring equitable access to vital medicines while balancing the rights of holders of intellectual property.664 views -
Documenting Transgenders: The Double-Edged Sword of Recognition
Student at Hidayatullah National Law University, Raipur, IndiaPages 1615 - 1629The transgender community in India has been witness to a fairly turbulent trajectory when it comes to their rights. It has been subjected to a dismissive response everywhere it has sought recognition, equal rights or inclusivity. The Transgender Persons (Protection of Rights) Act, 2019 was a breath of fresh air for it brought forth a system to acquire a Certificate of Identity, which would allow a person to be recognised as a transgender. The recognition was the first step in assuring that transgender individuals could invoke their rights of residence, ensure non-discrimination in their places of employment and benefit from various proposed welfare schemes and programmes. Unfortunately, this also opened the trapdoor to a plethora of fissures in the administrative system, into which the community plummeted. The battle was now not about recognition but about putting the same on paper, and that invited one to navigate the labyrinth of the Indian Bureaucracy. This paper attempts to provide a comprehensive analysis of the Transgender Persons (Protection of Rights) Act, 2019 and the two-fold problem that arises from it with respect to documentation of transgenders. It places them at a fork in the road, to either maintain possession of documents which state their assigned gender so as to retain benefits conferred upon them based off it, while losing out on their preferred gender or to apply for entirely new identification documents which state their preferred gender, which though bestows upon them new benefits but robs them of their existing rights which are attached to their assigned gender.314 views -
Elite Prostitution a Menace Crippling Youth and Society: Causes and Remedies
PhD Research Scholar at University of Lucknow, IndiaPages 1630 - 1644Prostitution has existed in society from time immemorial. In very simple term it can be said that sexual intercourse outside wedlock for cash or kind is prostitution. In Indian society act of prostitution has always been seen as dark spot which have prevented open discussions on topic. Elite prostitution as name suggest is a new breed of females engaged in the profession who majorly adopt this profession not out of needs but because of lucrative life style and finances it offers for some sort period of time which they have to spend with clients. In present times this is highly organized way of prostitution activities happening in almost every city. There is plethora of websites flooded with the advertisements sokkhaescort.com is one of them. People who are engaged are highly educated and work in very systematic manner as compared to traditional sex workers. This is utterly more dangerous as on one hand it is engulfing young females like college students who sometimes join it without knowing the probable consequences of it and on the other hand it is also crippling society and country. Statutory and penal laws like immoral traffic act 1956, Indian penal code by which these activities are governed needs to updated so that they can be more useful in battling or settling the issue. In this paper Author has tried to highlight issue of Elite prostitution considering latest Supreme Court pronouncement of 2022. This judgment of Apex court is of utmost relevance as it can be like a beacon light for protecting the rights of females engaged in the profession and for proper evolution of relevant jurisprudence on the topic.802 views -
Legal Implications of Deepfake Technology in Criminal Law
Student at Amity University, Noida, Uttar Pradesh, IndiaPages 1645 - 1661Newer developments in AI and machine learning, including the generative adversarial network(GAN), pose a significant threat to both digital security and privacy that lead to public distrust. This paper will realize the legal, technological, and enforcement challenges related to deepfake technology in India encompassing a huge extent of usage, from criminal law to cyber security, misinformation, and financial frauds. Though deepfakes are increasingly misused, including but not limited to political propaganda and identity theft and non-consensual pornography, India’s legal framework does not have dedicated provisions to counter and lay down penalties to punish their creation and distribution properly. While other legislative tools like the IT Act, 2000, discussions of the BNS, 2023 and the DPDP Act, 2023 partially cover the matter, they do not deal with the deepfake-related offenses, which are problematic in nature. This paper underlines the compelling need for an emergent and comprehensive Deepfake Prevention and Regulation Act to determine clear legal definitions, limits, and legal consequences for transgressors. The study will also focus on technological innovations and detection strategies required in the confrontation against deepfakes such as AI-driven forensic instruments, blockchain digital authentication, and watermarking processes. Moreover, it brings out the responsibility of social media platforms in preventing the virus of manipulated content and suggests regulatory measures to further build accountability. This research also delineates the socio-political consequences tangentially created through the misuse of deepfake technology related to their implications with democratic processes, reputational damage definition, and breach of personal privacy. Advocacy for public awareness campaigns, increased digital literacy, and international cooperation are the recommended proposals to strengthen India's capacity against the threat of deepfakes. In its sense of minimizing the damage by countering deepfake threats and maintaining the credibility of the digital infrastructure, India may persist with a multilateral action of reforms-driven policy measures, technological modulations, and cross-national collaborations.1,094 views -
Decoding RBI’s Regulatory Sandboxes: India’s Path to FinTech Regulation
Student at School of Law, CHRIST (Deemed to be University), Bangalore, IndiaPages 1662 - 1675The Indian financial market has experienced a massive growth spurt in financial technology (FinTech) entities, in the last seven years. This is a much welcome trend in our ever-growing, advanced economy. The rise of FinTech has been seen across various spectrum of financial market, though developing in distinct paces. In India, regulators, lawmakers, and academics are continually trying to sustain the FinTech ecosystem. The Reserve Bank of India's (RBI) deployment of the Regulatory Sandbox serves as an example of such sustainable development. In July 2016, the Reserve Bank of India (RBI) formed an inter-regulatory Working Group (WG) to evaluate and report on the evolving FinTech environment. The Working Group filed the report, which became public on February 8, 2018. The Regulatory Sandbox refers to the live testing of new products or services in a controlled environment, characterised by regulatory relaxation for such limited purpose of testing. It allows the innovators, the service providers as well as the customers to ascertain the risks and benefits of such financial innovations, through field tests. The Regulatory Sandbox aims at fostering responsible innovation in financial sector by promoting efficiency and transparency. Regulatory Sandbox is a real-time alternative to regulatory lag. This article contributes to the available literature by bringing forward the role of Regulatory Sandbox as a form of agile, opportunity-based regulation, that actively encourages innovators in fostering unique innovations. It will enhance the competition points to a public interest function, centered on consumer choice and pricing. Nevertheless, the regulatory pressure to produce successful outcomes in sandbox initiatives and to outperform other innovators might influence the regulatory choices, potentially resulting in distortions that impair competition in FinTech markets.876 views -
The Economic Dimensions of Justice: Legal Aid Services in India
Assistant Professor at Hidayatullah National Law University, Raipur, Chhattisgarh, IndiaPages 1676 - 1688Legal intervention serves as an essential mechanism for combating poverty by breaking down systemic obstacles and fostering fair access to resources and justice. This paper investigates the economic features of legal assistance, with an emphasis on how it promotes economic and social growth. The paper focuses on how legal aid programs lower financial obstacles to justice, reduce disparities, and promote the economic empowerment of disadvantaged people. It examines the effectiveness of government expenditure on legal aid programs, including resource allocation, funding systems, and the effects on beneficiaries' lives. Furthermore, the article emphasizes the indirect economic benefits of legal aid. Employing qualitative methodologies, the study includes policy assessments and analysis of budgetary documents to determine the effectiveness of legal frameworks in tackling systemic poverty. It gathers secondary data from various sources, such as government reports, academic research, international development studies, databases from organizations like the World Bank and UNDP (including human rights indicators), legal datasets, and publications from both governmental and non-governmental entities. The primary areas of investigation encompass access to justice and the economic benefits of legal aid services in India. The study emphasizes the significance of public interest litigation, legal aid initiatives, and rights-based advocacy in empowering disadvantaged groups and mitigating socio-economic disparities. By exploring different jurisdictions and the existing policy landscape, the research identifies best practices and highlights deficiencies within current legal systems. The results illustrate the potential of legal interventions to promote social justice and inclusivity, providing recommendations for the incorporation of legal strategies into poverty alleviation efforts. This study adds to the expanding dialogue on rights-based development approaches and underscores the transformative capacity of law in the fight against poverty.452 views -
Pages 1689 - 1706This paper examines the critical role of administrative adjudication in the enforcement of socio-economic rights. It explores how administrative bodies, through specialized tribunals, commissions, or other mechanisms, provide avenues for individuals to seek redress for violations of rights related to housing, healthcare, education, social security, and other basic necessities. The paper analyses the advantages and limitations of administrative adjudication compared to traditional judicial processes, focusing on accessibility, efficiency, expertise, and cost-effectiveness. It further investigates the key elements necessary for effective administrative enforcement, including the independence and impartiality of adjudicators, procedural fairness, adequate resources, and the enforceability of decisions. The paper will also analyse the balance between regulatory enforcement and the protection of individual rights, highlighting the evolving role of administrative agencies in contemporary governance. Understanding these procedural elements is crucial for ensuring that administrative adjudication serves its intended purpose of effective regulation while safeguarding due process and the rule of law. The paper also considers the challenges faced by administrative bodies in this context, such as political interference, capacity constraints, and lack of public awareness. By examining these issues, the paper aims to contribute to a better understanding of how administrative adjudication can be strengthened to effectively promote and protect socio-economic rights.415 views
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Pages 1707 - 1722In the state of Bihar, Nitish Kumar's plan to ban alcohol use is unlikely to have the desired effect on reducing domestic violence. 4,000 billion rupees in tax revenue will also be lost as a result. Furthermore, bans have always resulted in higher enforcement costs and increased black market sales. The greatest method to tackle the growing problem of alcoholism and the social instability it causes is to raise the price of alcohol and restrict public access to it. In this study, we examine how the ban on alcohol affects people's usage of alcoholic beverages and other substances having addictive properties. Using a range of household expenditure surveys for India, it was revealed that the effects of the alcohol ban on consumption differed depending on the type of alcohol and the industry. Beer, IMFL, and arrack consumption in rural areas decreased significantly, despite the fact that prohibition had a smaller influence on rural areas. As a result of the ban, fewer people in metropolitan areas were using toddy as a recreational drug. Prohibition can also be used as a technique to study the relationship between alcohol and other addictive substances. For example, if you drink beer, you'll be more likely to have these traits than if you drink wine or liquor, according to these findings. It also had a negative effect on how these items were used as a result of prohibition. As a result, both bidis and cigarettes are on the rise, while the use of pans and leaf tobacco is on the fall.1,145 views
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An Analytical Study on Double Taxation’s Effect on Trade and Investment
Assistant Professor at Dr. Ambedkar Global Law Institute, Tirupati, Andhra Pradesh, IndiaPages 1723 - 1743Double taxation is a critical issue in international trade and investment, where income is taxed in multiple jurisdictions, creating financial burden on businesses. The impact of double taxation on trade and investment, particularly in the Indian context, by analysing legal frameworks and tax treaties, which will be helpful in recommending policy measures to reduce the consequences of double taxation and its implications on economic growth. This study explores challenges faced by MNC’s and provides recommendations for a more efficient tax regime that promotes economic growth and cross-border trade. The findings highlight the importance of DTAAs, tax compliance mechanisms, and international cooperation in addressing the challenges posed by double taxation. Furthermore, it explores the implications of base erosion and profit shifting (BEPS), which allows companies to shift profits to low-tax jurisdictions, thereby exacerbating the issue of tax base erosion. It also examines the role of tax havens and their influence on global tax policies, discussing the measures taken by international organizations such as the OECD and the G20 in curbing tax avoidance. A comparative analysis of India's taxation policies with other economies is also conducted to understand best practices and potential areas for improvement. The study evaluates India's approach to taxation in light of recent global tax reforms, including the OECD's Pillar One and Pillar Two initiatives aimed at ensuring fair taxation of multinational enterprises (MNEs). The research underscores the need for tax policy reforms, enhanced bilateral agreements, and simplified compliance structures to foster a stable and conducive investment environment. It also suggests the need for better coordination between national tax authorities and international tax bodies to establish a more transparent and equitable tax system. By addressing these concerns, this study aims to provide a roadmap for policymakers to create a tax-efficient environment that supports economic expansion while maintaining fiscal sustainability.474 views -
Role and Efficacy of the Subordinate Courts Towards Protection of the Environment in India: A Critical Analysis
PhD Research Scholar at SOA National Institute of Law, Siksha ‘O’ Anusandhan (Deemed to be University), Bhubaneswar, Odisha, IndiaPages 1744 - 1756The notion of ecological preservation and protection is an age-old phenomenon and a global issue. The advancement of science and technology and human interventions with natural resources pose a threat to the environment. Protection of the environment is of utmost importance for living a healthy life and the all-around development of human beings in the present and the future. Therefore, various international and national organizations, Governments, and the judiciary have adopted the concept of sustainable development to address ecological challenges. Although the legislature has enacted many legislations, the executive has taken numerous steps, and policies have been formulated by the Government towards the protection of the environment, still implementation and compliance with rules and regulations remain critical. At this juncture, the judiciary plays a pivotal role in the protection of the environment. The higher judiciary has propounded many principles and doctrines and issued guidelines while adjudicating environmental issues. However, the far-reaching role of the sub-ordinate courts cannot be overlooked, which has a great impact on the environment at the grassroots level. The efficacy of the subordinate courts in enforcing environmental laws and regulations is yet to be assessed. In this study, the endeavor has been made to analyze the role and the efficacy of the subordinate courts in adjudicating and dealing with environmental issues.469 views -
Violations of Human Rights in Migrant Labour with reference to Government Policies
Assistant Professor at School of Law, ARKA Jain University, Jharkhand, IndiaPages 1757 - 1767Migration is one of the biggest global issues and opportunities of the twenty-first century. Migrant workers support development and progress in their host nations or regions. According to reports, 33% of India's 65 million interstate migrants are labourers. They are paid differently in different places, following the unorganized labour market and migrant worker policies throughout the Indian subcontinent. Migrant workers often experience human and labour rights violations at work as a result of prejudice against them. Some of the malpractices that migrant workers face include unfair recruitment tactics, trafficking or smuggling workers, racism or discrimination in the workplace, illegal access to job benefits, wages, social security, union rights, or access to legal action and redress. Migrant workers are especially susceptible to a range of human rights violations because of the abuse of their vulnerability, their lack of social capital or authority, and their ignorance of their rights. Article 19(1) of the Constitution guarantees the right to live and establish anywhere in Indian Territory, subject to reasonable restrictions for the preservation of any scheduled tribe or the general welfare. This research examines interstate migration in India and the policies put in place to improve the welfare of migrant workers, taking into account all the inequalities they face and the measures the Indian government plans to take to meet their needs.774 views -
Safeguarding Children’s Right in the Digital Space: A Critical Analysis
Assistant Professor at Government Law College, Karaikudi, IndiaPages 1768 - 1782Advancement of digital technology is advantageous as well as detrimental to safeguard children's rights. Children exposes risk such as cyberbullying, privacy breaches, online grooming, life streaming and online sexual exploitation even though the internet is beneficial in accessing information, education and social connections. This paper analyses the key challenges in safeguarding children's rights in the digital age, where the rapid advancement of technologies increases the risk of online exploitation and privacy violations. This paper also offers a critical analysis of international agreements, including the UN Convention on the Rights of the Child, the European Convention on Human Rights, and the Universal Declaration of Human Rights, along with national laws from the USA, European countries, Australia, and India, all aimed at protecting children's rights in the digital age. This paper seeks to examine the contrasting definitions present in various Conventions and legislations within the country. Through an analysis of legal obligations, case law, and policy developments, this study critically examines the significance of a rights-based approach in safeguarding children's protection in the ever-evolving digital world.512 views -
Roles and Responsibilities of Art Clinics in India: A Comparative Analysis
Assistant Professor at Faculty of Law, Oriental University, Indore, IndiaPages 1783 - 1793Surrogacy, especially within the framework of ART (Assisted Reproductive Technology) clinics, is a multifaceted process that involves the collaborative efforts of various stakeholders, including surrogates, intended parents, medical professionals, and legal experts. This paper explores the roles and responsibilities of each party involved in the surrogacy process, with a particular focus on ART clinics. Surrogates are entrusted with carrying the child, adhering to medical guidelines, and ensuring their own health during the pregnancy. Intended parents provide necessary emotional and financial support while ensuring compliance with legal and ethical standards. ART clinics play a central role in providing medical care, such as IVF procedures, and ensuring the safety of both the surrogate and the child. Legal experts ensure that the surrogacy arrangement is formally regulated to protect the rights of all parties. By examining the responsibilities within this collaborative framework, this paper underscores the importance of ethical practices, clear communication, and a well-defined legal structure to ensure a successful surrogacy experience.621 views -
An Overview of Cyber Crime
Student at Netaji Subhas University, Jamshedpur, Jharkhand, IndiaPages 1794 - 1811Cyber Crime is a terrible threat to the world today and has affected individuals, clientele, and governments alike. This study draws on the various class of cybercrime – hacking, identity theft, ransomware, phishing, and yet financial fraud. It turns over into the acquire methods used by cybercriminals and the interruption of cyberspace they exploit. Nigh significantly, the article attract attention to how cybercrime impacts society at large, including the financial departure, privacy compromise, and interior security dangers it gravel. At the same time, it highlights the provision of police force enforcement officers, cybersecurity paladin, and international coaction to keep cybercrime. It punctuate on the insurance and awareness platform needed to control the technological innovations that may impose cyber danger. In order to insure safer cyber environs, it is important to savvy the multifaceted nature of cybercrime.905 views -
Human Rights and Intellectual Property Rights
Ph. D. Student at the Department of Law, and University of Calcutta and State aided College Teacher, South Calcutta Law College, Kolkata, IndiaPages 1812 - 1828Human rights and intellectual property rights these two are independent disciplines. Human rights secure the fundamental freedoms, equal, inalienable rights and inherent dignity of human beings. Intellectual property rights are concerned about the protection of intellectual creativity. Considering the socio economic significance of the intellectual property rights human rights recognition of intellectual property rights is crucial. The relationship between human rights and intellectual property rights is dynamic. Human rights approach to intellectual property rights on the one hand acknowledges the moral and material interest of the creator and inventor and on the other hand secures the public right to access and enjoy the benefit of intellectual creation. The human rights acknowledgement of intellectual property rights protects the private interest as well as promotes the common good of society at large. This raises conflict between the private interest of intellectual property rights owner and the public interest. Under this context the present study attempts to resolve the conflict and examines whether human rights and intellectual property rights are complimentary to each other.701 views -
Pages 1829 - 1845Indian courts have historically been seen as being slow to make decisions, and as number of cases has increased, they have become overworked and have become incredibly slow. Alternative Dispute Resolution, or "ADR," is step-relative of overworked courts. It changed over time and made an effort to stay up with shifting worldwide trends. Rapid globalization almost likely leads to more disputes, whether they are business-related or not. "ADR" procedures including conciliation, mediation, and arbitration grew in acceptance and were incorporated into business contracts. In order to avoid civil court jurisdiction, parties chose arbitration. But over last ten years, courts have gradually broadened Act's application to include more judicial participation prior to achieving "real" order finality. Compared to formal civil litigation, private and judicial arbitration is typically less expensive and takes less time. This research work traces all important aspects of “Judicial mechanism and "ADR" in India” in an all-inclusive way and to achieve new insights into it to trace origin and development of Existing Judicial mechanism in India along with "ADR" Mechanism. Further authors examine critically effect of existing judicial mechanism and "ADR" Mechanism including comparative analysis between existing judiciary mechanism and "ADR" Mechanism.848 views
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Principles of Natural Justice as an Effective Mechanism to Control Administrative Discretion
Assistant Professor at City Law College, Jankipuram, IndiaPages 1846 - 1859There are many ambiguities implementation of natural justice principles in administrative proceedings is one example of a gray area. Depending on kind of role administrative body is doing, natural justice principles may or may not apply. Therefore, determining nature of that specific administrative function—which likewise lacks clear parameters—is first step. classification of administrative role determines how broadly three main natural justice principles—explained at beginning of this paper—apply. author of this paper has made an effort to categorize different kinds of administrative functions and to pinpoint a set of criteria that can be applied to distinguish between them. classification is followed by a discussion of benefits and drawbacks of using natural justice concepts in administrative proceedings. Following this research, author comes to conclusion that since benefits of natural justice principles greatly exceed drawbacks, they must be applied to administrative actions.494 views -
Why Should the Age of Consent Need to be Reduced to 16 Years from 18 Years in India?: A Critical Analysis of Laws and Judicial Pronouncement
LL.M. student at Chaudhary Devi Lal University Sirsa, Haryana, IndiaPages 1860 - 1869The Protection of Children from Sexual Offenses Act and the Bharatiya Nyaya Sanhita are the main pieces of law that prohibit minors from giving their permission for sexual actions. This created a conflict between consensual sexual behaviour and coercive sexual behaviours. The preamble of the POCSO Act states that the child's best interests are its main goal. The statute was not designed to penalize consensual physical activity, but rather to protect children from sexual harassment. It is necessary to adapt the strict rules to the technology era in the current era. This research study looks at all national and international regulations pertaining to children's consent ages for sexual activity. He emphasized the necessity of changing the strict legislation. Regarding the recently arisen concerns, the judicial perspective is liberal in the present situation. Therefore, in light of the contemporary modern day, the prohibition of consenting sexual activity has to be relaxed.763 views -
The Constitutional Imperative of Energy Conservation in India
Assistant Professor at Oriental University, Indore, IndiaPages 1870 - 1882Energy conservation has emerged as a critical component of Sustainable Development Goals in India, a nation grappling with rapid industrialization, urbanization, and increasing energy demands. This paper explores the constitutional dimensions of energy conservation in India, focusing on the interplay between fundamental rights, Directive Principles of State Policy, and Fundamental Duties. Further, the research delves into the Federal structure under the Seventh Schedule, analyzing the distribution of legislative powers related to energy and environmental governance. However the researcher have not included the judicial interpretations and limited its study on constitutional provisions which led to the inception of Energy Conservation Law in India. The findings advocate for strengthening constitutional mechanisms to ensure equitable and efficient energy use, reinforcing the vision of sustainable development.438 views -
The Evolving Legal Landscape of Artificial Innovation: Intellectual Property Rights and Policy Considerations in India
Assistant Professor at S.K.J. Law College, Muzaffarpur, Bihar, IndiaPages 1883 - 1907Artificial Intelligence (AI) is revolutionizing innovation across the globe, posing significant challenges and opportunities for intellectual property (IP) law. This research delves into the intricate relationship between artificial innovation and IP law, with a focus on the Indian context. It explores how AI is reshaping traditional innovation paradigms and examines the adequacy of existing IP frameworks in addressing these changes. The major areas of the study include ownership, infringement, liability, and ethical considerations surrounding AI-driven innovations. The paper also encompasses the current Indian IP landscape, highlighting landmark cases, government initiatives, and challenges specific to AI-related innovation and their IP protection. Drawing insights from international regulatory efforts and treaties, the study proposes future directions for India's IP law, emphasizing the need for novel legal frameworks, public-private partnerships, and an inclusive innovation ecosystem. Additionally, the research study addresses the broader societal implications of AI, such as employment disruption, bias, and data privacy. The research concludes with actionable recommendations to align India's IP law with the rapid advancements in AI, ensuring a balance between innovation, ethical considerations, and equitable societal outcomes. This comprehensive doctrinal research study is supported by a robust bibliographic foundation, and manifold references from leading academic and legal sources.462 views -
Pages 1908 - 1918Evergreening under patents has emerged as a controversial strategy used by the pharmaceutical giants to extend monopoly rights beyond the standard patent term. The impact of Evergreening on the entry of generics poses a threat to public health and access to medicines as it can drastically increase the price of a drug. There are several instances where the companies have have used different mechanisms to extend their monopoly rights , one such instance is the case of insulin, where companies like Eli Lilly, Novo Nordisk and others have established their monopoly through the biosimilars of insulin and kept the prices high in the USA for more than 100 years. This practice has raised critical questions regarding access to affordable medicines and innovation in the pharmaceutical sector. Despite India’s stringent stance on patent evergreening through section 3(d) of the Patents Act, 1970, there are certain loopholes while balancing innovation and public health. This paper discusses all the facets of patent evergreening by analyzing the legal and regulatory responses to it. Further this paper highlights the implications of India’s stand for global access to medicines and suggests potential reforms to address the underlying challenges related to it.585 views