Issue Archive · Open Access
Volume VIII – Issue II / 2025
Articles · 405
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Comprehensive Analysis of Remote Work its Relation and Impacts on Labour Law
Student at Symbiosis Law School, Pune, IndiaPages 01 - 08The onset of Covid-19 has brought numerous changes in the lifestyle of people from all around the world. This period impacted the world’s economy, including the Indian economy as the world went still and impacted the work environment of every person in all corners of world across diverse businesses. Remote work or work from home has been the new trend that boomed during the Covid-19 and has been continuing since due to the ease of work and ease of deliverables. The profound impact was felt in labour law necessitating a re-evaluation of existing frameworks. There are several challenges and grey areas that the existing labour law in needs to take into consideration. This paper explores the different types remote works and statistical analysis on how remote work is India and world. The paper analysis on legal provisions currently in existence and case laws provide with the stance of India on remote work. The paper further gives a comparative analysis on laws of other land in comparison to India and the author’s critical analysis along with the way forward.718 views -
Harnessing of AI in Menstrual Health: Opportunities and Risks
Student at Indira Gandhi National Open University, IndiaPages 09 - 18This study is an attempt to critically examine disruptions in menstruation, the role of AI in menstrual health tracking, challenges in data privacy, commercialization of menstrual data and provide actionable solutions. Menstruation is a natural biological process which prepares a woman’s body for pregnancy. However, rapid urbanization, changing work environments, and increased exposure to technology have altered the daily routine of women and with increasing number of women joining the work force, while striving to manage domestic responsibilities perfectly, they face increased stress levels and altered sleep patterns impacting the menstrual cycle and overall health. The integration of Artificial Intelligence (AI) into healthcare, particularly in menstrual health, has led to the increasing use of tracking applications which promise personalized health insights. Though these apps offer multiple benefits but they also collect vast amounts of intimate user-generated data like sexual activity, mood, medication, for enabling personalized predictions and advice leading to a possible era of ‘menstrual surveillance’. The major areas of concern include data privacy, algorithmic bias, inclusivity, commercialization of menstrual data, potential biases due to non-representative datasets, and culturally insensitive AI models. In patriarchal societies, such as India, menstrual data can be weaponized, putting users’ privacy and safety at risk. This paper aims to explore these critical challenges and propose inclusive, ethical solutions for the responsible harnessing of AI in menstrual health. My research would advocate for participatory design processes that involve diverse stakeholders, including marginalized groups, to ensure inclusivity in AI systems. Additionally, it would highlight the importance of robust data protection measures to safeguard user privacy and enforce transparency in how data is collected, stored and shared. By understanding the intersection of lifestyle factors and AI-driven solutions, individuals can better navigate their reproductive health with informed decision-making and personalized care.954 views -
Expansion of Reservation Policy in India and the Constitutional Framework
Teaching and Research Associate at Gujarat National Law University, IndiaPages 19 - 32India’s reservation policy is key to social fairness. It aims to uplift underprivileged groups by ensuring their representation in politics, the workforce, and education. This policy originated from constitutional principles to address the injustices faced by Scheduled Tribes (STs) and Scheduled Castes (SCs). Later, Other Backward Classes (OBCs) were included. Over time, discussions have emerged about the policy’s effectiveness, necessity, and impact on meritocracy. This article examines the development of India’s reservation policy, its constitutional basis, and current trends. The Indian Constitution, through Articles 15(4), 16(4), 330, and 332, allows affirmative action for disadvantaged groups. Landmark cases, like Indra Sawhney v. Union of India (1992) and M. Nagaraj v. Union of India (2006), have defined the scope of these policies. A significant change came with the 103rd Amendment to the Constitution, which introduced economic criteria for affirmative action, providing 10% reservation for Economically Weaker Sections (EWS) in the unreserved category. While the constitution supports the extension of reservation policies, it faces criticism. Proponents argue that reservations are vital for equitable opportunities and reducing socioeconomic gaps. Critics raise concerns about the exclusion of marginalized groups within reserved categories, inefficiencies, and the erosion of merit. There are renewed calls for inclusivity in light of the Supreme Court’s 50% reservation cap. This study examines the balance between social fairness and constitutional responsibilities. It explores how changing socioeconomic conditions have shaped reservation policies. It also addresses the need for a thorough review of the current system, judicial scrutiny, and the exclusion of the creamy layer. While reservations have aided socioeconomic mobility, the study concludes that a more nuanced approach is necessary. This approach should focus on skill development, quality education, and targeted welfare programs to ensure long-term equity. As India navigates complex social structures, the quota policy must adapt to meet the needs of various communities while adhering to constitutional principles.1,297 views -
Corporate Governance plays a vital role in assuring transparency, responsibility and ethics in management of business entities, particularly in the context of globalization of Indian Businesses and open markets. Corporate governance serves as a framework that ranges with the best set interests of the stakeholders, management and board of directors of the entity, securing that the funds raised are used in a transparent manner and only for sustainable growth of the company. This paper dive deep into the fundamental principles of corporate governance, including the responsibilities and roles of the board and management which they are obligated to follow while maintaining the ethical operations within the entity, producing fair financial statements, and safeguarding the stakeholder interest. Moreover, it also discusses the possibilities a good corporate governance brings while enhancing the corporate efficiency, building stakeholders confidence and reducing the risks bring an ultimate and long-term sustainable success. By juxtaposing governance models across globe, it signifies cultural differences in corporate goals and practices. The paper concludes by asserting that a good corporate governance stands as a pillar of strength for any business entity by fostering not only financial stability but also good reputation and ethical standing of the company in the marketplace.1,373 views
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Copyright protects the intellectual work created by an individual. In the digital age, digital media is a double-edged sword that questions the legal structure protecting copyright in the digital world as a creative outlet nationally and internationally. Copyright infringement is increasing multi-fold, with the use of the digital world as a creative outlet for displaying work, necessitating safeguarding copyright. The content available on the internet is a click away, it can be generated, used, and shared in minutes this also means that the violations that happen on the internet are at an all-time high due to the digital medium and the ease of sharing. According to the 2016 IPR policy, India needs a dedicated enforcement mechanism to protect copyright in the digital world. However, to date, no such enforcement agency has been established. The current law is not in conformity with the nascent technology; means and ways to use and share pirated content. This scenario brings into the picture, the issues of jurisdiction, different domestic IP laws, reproduction, and distribution rights. In this article, the researcher analyses how the Indian legal system and enforcement agencies are lacking in protecting copyright in the digital era. The researchers have analysed the Information Technology Act, of 2000 and the Copyright Act, of 1957 along with the relevant rules and guidelines. The researchers have also analysed the IP laws of the United Kingdom for a comparative analysis. In the digital and technological era, where technology constantly outpaces regulation, it is extremely difficult for lawmakers and existing law enforcement agencies to stop digital piracy proactively. A robust and adaptive legal framework, coupled with a dedicated enforcement agency, is essential to safeguarding copyright in the digital era. Only through a balanced approach that fosters creativity while ensuring strict compliance can truly protect intellectual property in the ever-evolving digital landscape.949 views
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Freedom of Speech: An Accessory to the Indian Government Officers?
Student at Symbiosis Law School, Pune, IndiaPages 63 - 72When one speaks about tools of democracy, one of the most essential elements is Freedom of Speech and Expression. A government is not only that which comprises of Ruling party, opposition party and its party workers, it also comprises of the bureaucrats, admin, clerical workers and many other employees, who remain, permanently until removed, as an essential part of the functioning of the government and the implementation of its ideologies. Employees in this case are related only in implementation and services to the government, but what if they have differences and have to express? If they are not allowed to express their opinions is it violation of their fundamental and if they are allowed, is it safe in the view of national security? This paper brings in different views for these questions in comparison with other countries and provides food for thought.571 views -
Misery of Silent Sufferers: The Urgent Need for Prosecution and Investigation Reforms to Protect Human Rights
Research Scholar at Baba Mastnath University, Asthal Bohar, Rohtak, IndiaPages 73 - 86Ability of a justice system to function effectively largely depends on way the investigation and prosecution is carried out. However, systemic inefficiencies, political meddling, and human rights abuses taint these pillars of justice in India. In “Misery of Silent Sufferers: The Urgent Need for Prosecution and Investigation Reforms to Protect Human Rights”, the limitations in investigative and prosecution system of India are critically examined, with special emphasis on how they result in wrongful detentions, custodial tortures, postponed trials, and tainted justice. Even today the investigative agencies use antiquated and coercive techniques, frequently giving confessions precedence over forensic evidence, despite there being constitutional protections and international human rights commitments. Political pressures, lack of resources, and lack of accountability often taint investigations, and public prosecutors operate under influence rather than as impartial officers of justice which further exacerbates the issues. As a result, the trust of citizens is damaged leading to rampant fundamental rights violations. Through comparisons with legal systems that have effectively reformed their investigative and prosecutorial bodies, this paper analyses the international best practices. It makes the case that if we need to halt power abuse, India needs to move away from confession-based policing and towards forensic-led investigations, guarantee prosecutorial independence, and put in place strong oversight procedures. The overall impact of the new criminal laws (BNS, BNSS, and BSA) on police accountability and prosecution effectiveness is also analysed well, raising stipulations about whether they result in real reform or only surface-level adjustments. This study further elucidates the urgent need for systemic changes by putting forth specific policy recommendations, such as independent investigative agencies, specialised training, and technology improvements.600 views -
Redefining Dispute Resolution: The Intersection of Alternative Dispute Resolution and Artificial Intelligence in Law
Junior Research Fellow at Department of Laws, Panjab University, Chandigarh, IndiaPages 87 - 99In the modern legal world just like milky way, Law is expanding like never before. With the intersection of Alternative Dispute Resolution (ADR) Mechanism and Artificial Intelligence (AI), from Courtroom to virtual room hearings certainly, judicial system has come a long way. The transformation is witnessed in the traditional Legal methods due the convergence of ADR and AI, the synergy between these two domains is bringing together different capabilities such as flexibility and efficiency, offering a gamut of methods including mediation, arbitration, and negotiation that facilitate out-of-court settlements. Meanwhile, AI introduces advanced capabilities such as predictive analytics, automated decision-making, and virtual arbitration platforms. This research paper provides a comprehensive analysis of how touch of AI can enhance ADR processes by improving access to justice, reducing costs, and accelerating resolution times and ultimately benefiting the judiciary as well as the alternative dispute resolutions’ forums, to lay off the backlog of cases in an organized manner. It also seeks addresses potential challenges, such as ethical considerations and the need for regulatory frameworks to govern AI applications in legal contexts. The present research manuscript will definitely, provide a guiding light and illuminate on sub topics such as meaning and definition of both the terms, as well as their historical backgrounds, along with the present intersection between the two, the pros and cons, along with addressing the ethical considerations and tracking the jurisprudential trajectory of the much-needed interdisciplinary functional aspect of ADR and AI.764 views -
A Critical Analysis on Goods and Service Tax, Implementations and Challenges
Assistant Professor at Dr. Ambedkar Global Law Institute, Tirupati, Andhra Pradesh, IndiaPages 100 - 125In Wealth of Nations, Adam Smith highlights the need of a uniform tax structure in promoting free domestic trade throughout the United Kingdom. In addition to lowering administrative costs and doing away with the need for needless inspections and permits, this consistency promotes specialisation and the division of work, enabling businesses to flourish in areas that best play to their strengths. Businesses may access bigger markets when trade barriers are lifted, which lowers manufacturing costs, increases global competitiveness, and benefits from economies of scale. Furthermore, a stable economic climate stimulates industrial expansion, investment in new technology, and innovation. A well-designed system automatically increases revenue collection through economic development rather than depending on restrictive taxing measures, which benefits the state and enterprises alike. Furthermore, financial integration is ensured by free movement of money, which also promotes balanced economic development by guiding investments to high-growth regions. International trade connections are also strengthened by a uniform taxation structure, which facilitates policy implementation and agreement negotiations. According to Smith, Ireland and the colonies would have experienced far greater economic prosperity if this uniformity had been applied there as well, therefore lowering inequalities and fostering stability within the empire. All things considered, a harmonised tax structure not only guarantees economic effectiveness but also supports stability, long-term growth, and national prosperity.568 views -
The present paper aims to investigate the impact of social media on consumer behavior through empirical research. The way to which using social media affects experiences is investigated by a quantitative survey. Consumer opinions about goods and services have been overtaken by outsiders in advanced fields, which impact decisions in the unconnected field. Because advertisers have no influence over the content, timing, or frequency of online discussions among customers, online communication social media has resulted in buyers. The findings show that the use of social media affects customer satisfaction during the information search and selection of alternatives segments, with satisfaction increasing as the customer advances through the process to the point of final purchase choice and post purchase analysis. Consumers are again at the pinnacle of the business world thanks to social media marketing, which also gives marketers new tools for interacting with customers and creatively incorporate them into their brands. To put it simply, marketers ought to know how social media has impacted customer behavior. Compared with traditional media, social media marketing focuses on expanding marketers' boundaries to promote a product or service, making it the modern form of marketing. Customer happiness and behavior have grown in importance in the past few years, helping any business build its place in the market and maximize profitability.684 views
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Weaknesses in Civil Status Registration of Births and Marriages in Cameroon: Analytical Survey
Senior Lecturer at Department of English Law, Faculty of Laws and Political Science, University of Maroua – CameroonPages 139 - 161Civil registration is a very important aspect in our daily lives. In whatever society in which we live, it is our fundamental right to be registered and be counted. Status of people has to be recorded in a local civil register so that important rights may be exercised in order to receive the utmost protection and care in the place in which they live. A well-functioning civil registration system helps the government to plan more efficiently, how to use and distributes its resources effectively. Improved civil registration system also helps the government to ensure that all vital events such as birth, marriages and deaths are registered and relevant certificates issued. In Cameroon, the civil status registration is governed by Ordinance No 81/002 of 29th June 1981, herein referred to as the 1981 Ordinance. Law No 2011/011 of 6th May 2011, which modifies and completes some of the provisions of the 1981 Ordinance, the Decree of 2013/03 of 13th February 2013 organising the Civil Status Registration Office, and the Law of 2024/01 of 23rd December 2024 on legal recognition of Customary Marriages. This law regulates the registration of births, marriages, adoptions, deaths, legitimation and recognitions. Nevertheless, this article aims to debunk the weaknesses involved in the civil registration of births and marriages. From our findings, we came to a realisation that the manual registration of births and marriages is labour intensive which is not feasible for a growing population of Cameroon. This has the tendency of having potential weaknesses such as, registration expenses, time fixed for registration, complicated procedures for registration, slowness in delivery of these certificates, etc. To resolve these weaknesses, some recommendation such as, educating and creating awareness on the population on the registration of important events, rectification and reconstitution of the certificates, digitalisation of the civil registrations, bringing civil status centres at the door-steps or nearer to all the users, etc were proposed. In this article, a qualitative research methodology, in which an analytical survey was employ to analysed data gotten from primary and secondary sources. Conclusively, we can affirm that birth and marriage registrations have become issues of utmost importance. In spite of the weaknesses encountered while obtaining the certificates, registration remain compulsory for citizens to benefit and exercise some civil rights.648 views -
Pages 162 - 172India faces a complex electoral landscape with frequent state and national elections. Recently, both the President and Prime Minister endorsed the concept of One Nation, One Election (ONOE) to synchronize electoral cycles, which was last practiced until 1967. However, implementing simultaneous elections today presents significant challenges. This study employs a cross-sectional design to examine the perspectives of Mangaluru city residents on the One Nation One Election (ONOE) policy. Through stratified random sampling, 105 respondents were selected to explore their attitudes, focusing on the policy's implications and feasibility from the citizens' viewpoint. There has been much discussion on the attempt to synchronize India's election procedures, especially concerning how it may affect the country's federal system. This study explores the difficulties, worries, and possible repercussions of the plan, offering insights into the intricate connection between federalism and electoral synchronization.626 views
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Generative AI and Copyright: Addressing Legal Challenges in the Age of AI-Driven Creativity
Student at School of Law, Christ University, Bangalore, IndiaPages 173 - 189The rise of generative artificial intelligence (AI) has transformed the way creative content is produced, blurring the lines between human and machine-generated works. AI-powered systems such as ChatGPT, Stable Diffusion, and GitHub Copilot can generate text, images, music, and code that closely resemble human-created content. While these advancements offer new opportunities for innovation, they also present significant legal and ethical challenges, particularly concerning copyright and intellectual property (IP) laws. This paper explores the legal gaps in existing copyright frameworks regarding AI-generated content, focusing on critical issues such as authorship, ownership, and infringement. As AI models are often trained on vast datasets that may contain copyrighted works, concerns about unauthorized use, data scraping, and fair use principles have led to high-profile lawsuits and regulatory debates. Additionally, jurisdictional inconsistencies further complicate the enforcement of copyright laws, as different legal systems interpret AI authorship and liability in varying ways. Given these complexities, this research aims to analyse the shortcomings of current IP laws and assess how they can be reformed to address the evolving landscape of AI-driven creativity. The paper will examine ongoing legal cases, legislative efforts, and emerging proposals for adapting copyright laws to ensure a balance between fostering AI innovation and protecting the rights of human creators. By addressing these challenges, this study seeks to contribute to the broader discussion on AI and copyright law, advocating for clearer and more effective legal frameworks in the digital era.989 views -
Impact of Stalking on Female College Students: An Empirical Study
LLM Student at KIIT School of Law, IndiaPages 190 - 206The purpose of this study is to examine the impact of stalking on female college students and to understand its prevalence, forms, consequences, coping strategies, and reporting behaviours. The study used a mixed-methods approach. A quantitative survey was conducted on 50 female students, followed by qualitative interviews with some of the participants. Data were analysed using descriptive statistics and thematic analysis. The most commonly reported consequences were irritability, experienced by 53.5%, and anxiety, reported by 27.9%. The majority of respondents experienced stalking from strangers, and the majority of the respondents experienced psychological distress, anxiety, depression, and academic performance. Overall, the survey results highlight the significant and detrimental impact that stalking can have on the mental health of college-going girls, emphasizing the urgent need for effective prevention, support, and intervention strategies to address this issue. There is a need for increased awareness, support services, and resources for victims, as well as improved protocols for handling stalking incidents by law enforcement and campus authorities.512 views -
Copyright Infringement Impact in the Digital World: Challenges and its Solutions
Student at Manikchand Pahade Law College, Chh. Sambhajinagar, Maharashtra, IndiaPages 207 - 221In the digital world, copyright infringement has become a pervasive issue, exacerbated by the ease of replicating and distributing content online. Copyright infringement occurs when an individual or entity uses a work protected by copyright law without the permission of the copyright holder, thereby violating the exclusive rights granted to the creators. The intellectual property right of copyright, which protects the authors expressions in literary, artistic, musical, cinematographic and sound recordings works to foster innovation and creativity. Under copyright well known intellectual property right that regulates the copying of works, a person, group of people, or organizational party that actively present their work in public, such as a broadcaster or performer, may also be given intellectual property rights. Authors, producers, creators, or performers may be given a set of exclusive rights, such as the right to reproduce, distribute, and adapt the work, depending on the nature of the original work. A few of the rights that copyright grants creators to protect their original works include the ability to broadcast, show, create, reproduce, and perform publicly. Protection of copyright has grown importance in the digital age for content producer, publishers and users alike. It has become challenging to stop piracy and copyright infringement due to the simplicity of digital content reproduction and distribution. Furthermore, maintaining ownership and upholding copyright regulations can be difficult and expensive procedure. Some methods created to address these issues include digital right management, watermarking, copyright education, as per law and international cooperation. By taking these steps, you may support the ethical use of materials that are protected by the copyright, prevent theft and copyright infringement, and preserve the rights of copyright owners.911 views -
Criminalizing Marital Rape in India: Legal Gaps, Societal Impacts, and the Path Forward
Assistant Professor at School of Legal Studies, ICFAI University, Sikkim, IndiaPages 222 - 236Marital rape is defined as a situation where a husband forcefully engages in sexual intercourse with his wife without her consent. This form of rape has been criminalized in over 100 countries, yet India remains among the 36 countries that have not recognized marital rape as a crime. Section 65 of the Bharatiya Nyaya Sanhita (BNS) 2023 defines various forms of rape but does not include marital rape within its scope. Exception 2 of Section 65 of the BNS explicitly states that sexual intercourse or sexual acts between a man and his wife, provided the wife is over the age of 18, do not constitute rape. The lack of legal recognition of marital rape in India can be attributed to several social, legal, and cultural factors. Despite the absence of specific legislation addressing marital rape, available data reveals a rising incidence of such acts, highlighting a violation of married women’s rights. This paper aims to explore the factors contributing to marital rape, its impact on women, and the pressing need to criminalize it in India. Furthermore, it offers suggestions on how the issue can be addressed within the legal framework.498 views -
Navigating the Legal Landscape of Health Insurance: Key Challenges in Coverage and Claims
Student at Christ (Deemed to be University), Lavasa Campus, Pune, IndiaPages 237 - 272Healthcare coverage and savings are crucial for ensuring financial stability. Nevertheless, the complexity of health insurance coverage poses significant legal concerns. This paper delves into the principles of health insurance, the hindrances in implementing policies, legal remedies and accessibility issues, with particular attention to India especially the state based or sponsored health insurance scheme. It also addresses the problems of fraud and offers a comparison between different countries with respect to health insurance coverage, outlining areas for improvement by showcasing the appreciable features of the insurance across the globe.562 views -
Analysing the Implications of Gender Disparity on the Political Obligation of Women
Student at National Law Institute University (NLIU), Bhopal, IndiaPages 273 - 282Throughout the history of political philosophy, the Public/Private Divide has led to the exclusion of women from the political sphere, resulting in their lack of political rights and responsibilities. However, contemporary perspectives recognize women as political entities, granting them the rights and obligations to engage in the governance of their nations through voting, running for office, and holding public positions. The political rights of women have been acknowledged and codified in various legislative frameworks and international agreements. This research paper aims to investigate whether women are adequately represented at all levels of government globally, with a particular emphasis on India. In examining the degree of gender inequality in political participation, the paper concludes that, although progress is being made, more deliberate actions are necessary to expedite change and eradicate gender disparities across all aspects of life.408 views -
Religion and Secularism through the Lens of the Law
Student at National Law Institute University (NLIU), Bhopal, IndiaPages 283 - 302According to the Western understanding of secularism, secularism is characterized by a clear and strict demarcation between the state and religious institutions. However, India's situation presents a distinct contrast, as religion plays a crucial role in the personal lives of its citizens and hence such a clear line of separation cannot be drawn. In India, secularism means that all religions ought to be treated equally, and there that there ought to be no bias against any particular faith. The right to religious freedom is enshrined as a fundamental right in the Indian Constitution, prohibiting any form of discrimination based on religion. This research paper first acquaints the readers with the fundamental meaning of religion. It then provides a deeper understanding of the concept of religion by explaining the various theories of religion, including functional theories, psychological theories propounded by the best-known psychologists, and the various sociological theories propounded by renowned sociologists. Following this, the implications of religion on the constitution and society of India are extensively analysed. This analysis is complemented with an understanding of the broader implications of religion on the conduct of the citizens of the country. Finally, the clash between secularism and the personal laws of India is examined, with a view of attempt to understand how a balance can be struck between the two.481 views -
IoT Based Agricultural System and Legal Frameworks: A Study with reference to Indian Socio-economic Conditions
Assistant Professor at School of Law, KIIT University, Bhubaneswar, Odisha, IndiaPages 303 – 315Influenced by the sustainability-concentration the agro-policy and regulatory frameworks, besides, preserving depletion of natural resources vis-a-vis reinforce productivity, have turned its hand to democratized approach of knowledge-intensive convergence of technological data-outcomes (commonly known as Internet o Things) to configure the agrarian distress in a comprehensive manner with the objectives of attainment of societal, economic and health priorities of the country. The underpinning of IoT based agricultural system is the integrated and coordinated approaches to foster the “leapfrog” opportunities to consider and address: a) the desired-efficiency in agro-productivity to mitigate the market-demands; b) efficient allocation of resources; c) climate change-induced risks and market intelligence; d) sustaining capacity-growth for both i) domestic food security and rural development, and ii) as benefactor to the valued supply chain of international trade on agro-productivity. Putting such modernized version of agriculture into being within the frame of reference of the traditional smallholders’ ‘subsistence - agriculture’ in India would transfigure the agro-sector into ‘commercial agriculture’, with the surge of performance expectancy, diversification of agro-productivity portfolios, competitiveness and strengthening of economic-base of the farmers however, to accomplish such awes and wonders quintessentially urge the expanded capacity-building at the Infrastructural and Institutional levels to facilitate the opportunities to myriad small and marginal landholders of the country - which is capital-intensive. And to capture such benefits of value-additions with the view to set up a market-oriented agri-food market in India a comprehensive agro-policy and regulatory frameworks is indispensable. Present legislations that the Government has come about contemplated to achieve the desired outcomes, have experienced huge protest. The present endeavour is focused upon ascertainment of the projected ‘facilitator-driven model’ and its contributory roles harmonizing the economic-interests of all stakeholders in the light of enhanced agro-productivity on adaptive agricultural system with IoT in Indian agro-sector.425 views -
An Analysis of Insider Trading & Balancing Market Fairness with Legal Enforcement
Research Scholar at Bhagwant University, Ajmer, Rajasthan, IndiaPages 316 - 345One of the most sensitive legal and financial concerns, investigating international regulations, is insider trading. Some claim it damages investor confidence and levels the playing field, but others see it as a necessary evil that increases market efficiency. From a legal and economic perspective, this paper explores the intricate connection between market justice and law enforcement in cases of insider trading. It involves jurisdictional regulatory structures, landmark case legislation, and enforcement efficacy debates. It also examines surveillance technology, globalization's influence on enforcement, and corporate governance's role in limiting insider trading concerns. The research seeks to examine insider trading's effects on financial markets, investor protection, and ethics. The analysis also shows how insider trading restrictions have changed over time and affected market stability. It examines how firms, regulators, and investors see insider trading and the ethical issues with unequal access to crucial information. This article examines legal barriers and high-profile enforcement cases to determine how well regulatory measures reduce illegal trade. This study also considers the possibility that controlled insider trading might improve price discovery and market efficiency. It also explores how strict insider trading restrictions affect innovation, business decision-making, and financial market competitiveness. The research also examines whistleblowers' importance in exposing insider trading and reward-based programs' efficacy in encouraging disclosures. In the age of decentralised finance (DeFi) and cryptocurrency marketplaces, anonymity and jurisdictional complexity make insider trading law enforcement difficult. Psychological and behavioural factors such cognitive biases and moral disengagement impact insider trading decisions are examined. This study integrates legal research, economic theory, and practical case studies to contribute to insider trading debate and enlighten policymakers, legal practitioners, and financial market players on the best enforcement-market efficiency balance.792 views -
A Legal Appraisal of the Mechanism for the Execution of Measures to Combat Cyber Crimes in Contemporary Africa: The Cameroonian Perspective
Department of English Law, Dschang School of Law and Political Science, University of Dschang, Dschang, CameroonPages 346 - 382‘‘We cannot build a digital economy in Africa without cyber security’’. The growing nature of cybercrimes in Africa has necessitated the growth of effective mechanisms for the execution of measures to combat these crimes. This study undertakes a legal appraisal of the mechanism for the execution of measures to combat cybercrimes in Cameroon, with a view to identifying the strengths and weaknesses of the existing framework. Using a doctrinal research approach, this study analyzes the Cameroonian Cybercrime Law of 2010, as well as other relevant laws and regulations. The findings of this research reveal that while Cameroon has made significant efforts to combat cybercrimes, the existing mechanism for the execution of measures to combat cybercrimes is inadequate and ineffective. The study recommends the adoption of a more comprehensive and nuanced approach to combating cybercrimes in Cameroon, including the development of specialized cybercrime units, the establishment of a national cybercrime reporting system, and the provision of training and capacity-building programs for law enforcement officials. This study therefore, contributes to the existing body of knowledge on cybercrime and the law in Africa, and provides a framework for the development of effective mechanisms for the execution of measures to combat cybercrimes in Cameroon and other African countries.406 views -
Regulating Digital Misinformation: A Comparative Legal Analysis of Civil Liability for Online Rumors in Jordan and Across Jurisdictions
Associate Professor at Middle East University, Amman, JordanPages 383 - 399The rapidity with which rumors can be disseminated through social media poses serious legal challenges, particularly in civil liability. This paper analyzes critically the legal framework for civil liability for spreading rumors in Jordan, noting that there is no specific law to address misinformation in cyberspace. It is contrasted with those in the European Union, the UK, the US, and selected Arab states, and serious gaps in Jordan's legal approach are identified. The research indicates that Jordan relies principally on generic principles of tort and criminal sanctions in Cybercrime Law No. 27 of 2015 but lacks a specific system to compensate victims of online misinformation. Whereas in the EU and UK social media companies are held responsible for regulating offensive content, in Jordan social media companies are not held responsible for failing to regulate false information. Jordan's law is also not effective in addressing originators and disseminators of rumors, and hence no one can be held accountable. Through comparative legal analysis, this research proposes legislative reforms to strengthen Jordan's legal framework by clearly defining civil liability for misinformation, making platforms accountable, and establishing schemes for compensation for victims. This research adds to ongoing discourse on how to balance free speech and regulating misinformation and provides policy guidelines for an improved legal strategy for combating digital rumors.468 views -
Comparative Energy Law: Legal Frameworks, Regulatory Enforcement, and Investment Protection in Renewable Energy Governance
Associate Professor at Middle East University, Amman, JordanPages 400 - 414The regulations for renewable energy are influenced directly by legal frameworks. This study conducts a comparative analysis of the laws having the biggest impact, the authoritative legal instruments setting in place the otherwise straightforward kinds of rule necessary to make renewable energy investable, comprehensible, and thus realizable. In Saudi Arabia, the legal system is singular and centralized and provides uniform rules and policies across the nation. This may sound favorable, and in many ways, it certainly is: The absence of rule and policy divergence fosters regulatory consistency, especially important for private sector actors wanting to make long-term investments. At the same time, though, such rule and policy uniformity comes at the cost of regional legislative flexibility and responsiveness. Conversely, Jordan has adopted a legal framework that is much more permissive of private sector participation. This study looks at enforceability, legal coherence, and investor protection in key legal instruments across a selection of Middle Eastern countries. It zeros in on statutes, court decisions, and administrative rules that govern renewable energy. It’s quite possible for something to be legal but for the lack of enforcement to render it nonfunctional in practice. Or something might be legal but easily circumvented if there are large holes in the governing statutory scheme.431 views -
Surrogacy and Women’s Rights: A Study of the Surrogacy (Regulation) Act, 2021 in Contemporary India
Research Scholar at University of Rajasthan, IndiaPages 415 - 430Surrogacy has become an important way for couples who can't have children to have children, but it is still a very controversial legal and moral issue in India. The Surrogacy (Regulation) Act, 2021 was made law to stop commercial surrogacy and allow only altruistic surrogacy. This was done to protect surrogate mothers from being exploited. But the Act has been criticised for having strict requirements for who can be eligible, leaving out LGBTQ+ people and single parents, and not having a clear way to make sure it is followed. This study takes a close look at how the Act affects women's rights, focussing on the autonomy of surrogate mothers, the economic effects of banning commercial surrogacy, and the complicated legal issues that come up with surrogacy agreements. The study looks at how India's surrogacy laws have changed over time, how judges have handled important cases, and how their legal systems compare to those in the US and UK so that India can learn from their policy changes. The Act is supposed to protect surrogate mothers, but it actually makes it harder for them to have children and make money. Because there aren't any provisions for compensatory benefits, surrogacy markets may not be regulated, which puts even more at risk women who are already weak. There are also problems with child citizenship and legal parentage because there aren't clear legal protections for parental rights in cases of international surrogacy. This study suggests that policy changes should be made to make sure that the law is fair and protects women's rights, stops exploitation, and works with different types of family structures. To make India's surrogacy system more ethical and open to everyone, it is suggested that the compensation model be regulated, the eligibility requirements be widened, and the enforcement mechanisms be made stronger. To help make laws better in the future, more research should be done on how surrogacy laws affect society and the real lives of surrogate mothers and intended parents.578 views -
An Overview of Crime against Women in India
Assistant Professor at Sidhartha Law College, Kalaburagi, Karnataka, IndiaPages 431 - 442Crime against women is a global human rights issue that has become a major obstacle to the ideals of equality and freedom. In spite of observing faster economic growth, increased educational attainment, and greater female participation across various sectors, including education, space exploration, and decision-making, the country continues to grapple with a rising incidence of CAW. The underlying causes of crime against women are being identified by multiple studies across the world. The factors including women’s education status, poverty, alcohol and substance abuse, gender inequality, entrenched patriarchal norms, and cultural practices have all been implicated in contributing to CAW. This article delves into the types and nature of crime against women in India based on the crime in India, NCRB report, supplemented by other sources. It attempts to explore the link between law, crime, and women theoretically and provides an analysis of the crimes committed against women, their varieties, and consequences. Indian women throughout the countries remained subjugated and oppressed because society believed in clinging on to orthodox beliefs for the brunt of violence, domestic as well as public, physical, emotional, and mental. Finally, the findings aim to form the design of effective mechanisms to counter the problem of crime against women in India.521 views -
Integrating AI in International Humanitarian Law: Safeguarding Vulnerable Groups in Modern Armed Conflicts
LL.M. Student at School of Excellence in Law, TNDALU, IndiaPages 443 - 464This research explores the evolving intersection of International Humanitarian Law (IHL) and Artificial Intelligence (AI) in protecting vulnerable groups during armed conflicts. Examining IHL's historical development and core principles, the study analyzes its efficacy in safeguarding refugees, internally displaced persons (IDPs), persons with disabilities, women, and children. It critiques existing IHL frameworks, highlighting their limitations in addressing the unique vulnerabilities of these groups and advocating for stronger protections, particularly integrating the Convention on the Rights of Persons with Disabilities (CRPD) and the Convention on the Rights of the Child (CRC). The research also investigates the increasing use of AI in warfare, exploring its potential benefits and risks for vulnerable populations. Analyzing real-world examples like the Ukraine-Russia war and the Israel-Palestine conflict demonstrates how AI can enhance protection (through monitoring, early warning systems, and humanitarian aid delivery) and exacerbate harm (through autonomous weapons systems and biased algorithms). The study concludes by emphasizing the urgent need for robust legal and ethical frameworks governing AI in conflict to ensure IHL's continued relevance and effectiveness in protecting those most at risk. It also suggests further research to address the complex interplay of AI, IHL, and human rights law.654 views -
Applicability of POCSO Act on the Consensual Relationship between the Minors
Student at Christ University, Lavasa, Pune, IndiaPages 465 - 473One of the significant pieces of legislation that is the POCSO Act of India in 2012 , has so far catered to the protection of kids against sexual crimes and abuse by entrusting strict legal safeguards. However, this deals with the criminalization of sexual activities involving minors, a matter that raises massive concerns when applied to consensual relationships between adolescents. This research paper critically investigates the impact of the Protection of Children from the Sexual Offence Act on teenagers' willing romantic relationships by inquiring into adolescents' autonomy complexes, the development of legal definitions concerning consent, and sociological attitudes toward teenage relationships. This paper, thus, uses a child protection framework in looking at the application of a doctrinal analysis concerning relevant case law and legal interpretation on the difficulties that arise in distinguishing between consenting acts within minors and exploitative behaviors. The stringent conditions under the act raise pertinent questions on how they will apply to the relationship between two teenagers based on mutual consent. This paper critically questions the POCSO foundation behind negotiating consent relating to relationships. Moreover, issues regarding establishing consent in the light of adolescent interactions are discussed in detail, including the legal principles of the concept of consent. This paper will try to make things more straightforward concerning judicial perception towards consensual relations under the POCSO Act by perusing relevant case laws and legislative changes. It further takes the tangent discussion regarding the legal implications of consensual relationships and sociological and cultural nuances that may alter perceptions in the same regard. In this context, it will enlighten legal practitioners, lawmakers, and other concerned parties about safeguarding the legal rights and welfare of children.846 views -
Pages 474 - 484The main purpose of this research paper is to understand the types of communication. It is clear that when communication takes place between individuals belonging to different categories and backgrounds, they implement different types of communication. These are types of formal communication, informal communication, oral communication (face to face), oral communication (distance), written communication, non-verbal communication, oral communication, feedback communication, visual communication and active listening. Sign languages are the languages of the deaf community. When individuals suffer from speech and hearing impairments, they use sign languages to communicate. During communication, it is necessary for individuals to maintain normal facial expressions. Individuals should be aware of the types of communication. In addition, they need to know what types of communication will be appropriate and appropriate for different contexts and environments. The types of communication implemented depend on the needs and requirements of individuals and the objectives to be achieved through the implementation of the types of communication. The main areas examined in this research paper include understanding the meaning of types of communication, types of communication, communication through sign language and communication through facial expressions.911 views
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The Role of AI in Enhancing Access to Justice
Student at Symbiosis Law School, Noida, IndiaPages 485 - 489Currently, the usage of AI in delivering justice delivery system has brought about dramatic shift in that people can now afford to seek justice through the legal services that are being offered to them. AI technology is useful in such tasks as legal research, document review, and process of categorisation of cases and overall reduces costs and time. Thanks to the predictive analytics, it is possible to consider the result of such situation at advance and give the best advice. However, the use of such innovative approaches such as integrating chatbots and virtual assistants with artificial intelligence to offer the public early legal advice leads to the available legal information being increased. However, repetitive activities could be delegated to artificial intelligence, in order to increase work efficiency of legal specialists based on the various aspects of the case. This is the reason why some form of regulation has to be set for AI that is being used in the legal profession to guard against some of the vices such as AI bias and unfairness. What is more, with the help of AI it is possible to get justice that will be efficient and suitable for every person.626 views -
Savoring Global Success: Unpacking Branding and Marketing Strategies in the Food and Beverage Industry
Student at Indian Institute of Management, Rohtak, Haryana, IndiaPages 490 - 518This research paper, titled "Savoring Global Success: Unpacking Branding and Marketing Strategies in the Food and Beverage Industry," explores the critical role of branding and marketing in the international success of food and beverage companies. In an increasingly interconnected world, establishing a strong brand identity is paramount for businesses aiming to thrive across diverse global markets. The study highlights the challenges these companies face, including cultural differences, regulatory requirements, and intense competition, while emphasizing the importance of tailored marketing strategies that resonate with local consumer behaviors and preferences. The paper investigates how multinational corporations (MNCs) can effectively balance global brand consistency with local adaptation through strategic branding efforts. It delves into the significance of localization in product offerings and marketing communications, illustrating how successful brands navigate the complexities of international markets to foster consumer trust and loyalty. Furthermore, the research assesses the impact of branding on consumer purchasing behavior, revealing that a well-defined brand not only enhances recognition but also influences buying decisions on a global scale. Through a combination of qualitative and quantitative methodologies, including surveys and statistical analyses, this study aims to provide actionable insights for food and beverage companies seeking to refine their branding strategies. Ultimately, it underscores the necessity of understanding market dynamics and consumer expectations to achieve sustainable growth and competitive advantage in the global landscape.549 views -
Should Martial Rape be Criminalized in India
Student at ICFAI Law School, IndiaPages 519 - 525The criminalisation of marital rape in India is a critical issue that underscores the intersection of legal, moral, and societal norms. Despite advancements in addressing sexual violence, Section 375 of the Indian Penal Code exempts non-consensual sexual acts between married partners if the wife is over 18, reflecting patriarchal and colonial legacies that disregard women's autonomy. This article advocates for the criminalisation of marital rape, citing ethical, constitutional, and human rights considerations. It highlights the violation of consent and bodily autonomy, the unequal protection of women under the law, and the severe psychological and physical harm caused by marital rape. The article underscores India's failure to fulfil its international commitments and the need to challenge patriarchal norms within marriage. Counterarguments, such as concerns over misuse of the law and threats to marital sanctity, are addressed and rebutted, emphasising the primacy of consent and individual rights over outdated traditions. Criminalising marital rape would uphold the principles of equality and dignity, empower women, and align India with global human rights standards, fostering a more just and equitable society.287 views -
Mediation Act 2023, Need of An Hour
PhD Research Scholar at Bennett University, IndiaPages 526 - 547This Research paper will bring insight to the significance of mediation and why the mediation act 2023 was enacted to curb the pendency in courts in INDIA. This paper will give brief explanation about the history of mediation and to the various modes of alternative disputes resolution while focusing on Mediation process including its online aspects. It will bring a brief comparison with mediation to the negotiation, arbitration, conciliation, litigation and lok- adalat. It also makes a comparison of mediation in India with other countries. Its benefit and demerit in litigation. As every enactment has certain loopholes, this paper gives suggestion for the upliftment of this act and fulfilling the need of the public policy of accessing justice to all.445 views -
Pages 548 - 562The principle of equality before the law is a cornerstone of the criminal justice system, yet sentencing disparities persist worldwide due to implicit biases, systemic discrimination, and judicial discretion. This article examines racial and gender disparities in sentencing, with a specific focus on the Indian legal system. While race is a dominant factor in sentencing inequities in jurisdictions like the United States and the United Kingdom, caste and religious identity serve similar roles in India, often leading to disproportionate sentencing outcomes for marginalized groups such as Dalits, Adivasis, and Muslims. Gender disparities further complicate the issue, with women sometimes benefiting from judicial leniency under the "chivalry hypothesis," while others, particularly those challenging patriarchal norms, receive harsher punishments. This study critically analyzes the role of implicit bias in judicial decision-making and the absence of structured sentencing guidelines in India. By drawing comparisons with sentencing frameworks in the U.K. and U.S., the article highlights the need for structured sentencing policies, judicial training on bias, increased transparency in sentencing data, and legislative reforms. Additionally, it proposes the establishment of a Sentencing Commission and the integration of restorative justice practices to mitigate disparities. Addressing sentencing inequities is imperative for ensuring a fair and just legal system. Implementing the recommended reforms will not only promote consistency in sentencing but also reinforce the constitutional promise of justice and equality under the law.621 views
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Algorithmic Negligence: Bayesian-Neumann Risk Mitigation in Content Liability
Graduate from Department of Electronics and Communication, Anna University, Chennai, IndiaPages 563 - 573As influenced by opposing legal philosophies—natural law, which emphasises intrinsic rights and social damage, and legal positivism, which prioritises codified law—this paper examines the divergent content moderation strategies of Meta and Twitter/X, which are reactive and proactive. To represent the strategic incentives of social media sites managing this legal conflict, Neumann-type game theory is used. By requiring platforms to show that they have taken reasonable steps to prevent algorithmic amplification of foreseeable harms, the novel "Algorithmic Duty of Care" legal standard—which aligns corporate strategy with both legal norms and ethical obligations—is the main contribution. Potential savings in preventable lawsuit expenses that might be attained by using this standard are quantified by comparing Meta, which emphasises algorithmic control, to Twitter/X, which emphasises free expression. Social media firms demonstrating the application of legal standards570 views -
Challenges and Dilemmas in Social Rehabilitation of Women Prisoners: A Case Study of Naribandi Niketan Mahila Karagar in Uttar Pradesh, India
Assistant Professor at Shri Guru Nanak Degree College, Rudrapur, U. S. Nagar, Uttarakhand, IndiaPages 574 - 587The aim of this research paper is to investigate the challenges and dilemmas faced in implementing and accessing social rehabilitation programs for women prisoners in Naribandi Niketan Mahila Karagar, a women-specific jail in Lucknow, Uttar Pradesh, India. Social rehabilitation is essential for reintegrating convicts into society, yet numerous barriers impede this process for women prisoners. This research tries to explore the primary barriers to social rehabilitation and how they impact the reintegration of women prisoners. Fundamental objectives include examing the challenges faced in accessing educational facilities, vocational training, and healthcare, as well as understanding the effect of societal stigmatization and infrastructural inadequacies. The separation from families and communities, inadequate living conditions, and lack of regular communication with family further make difficult the rehabilitation efforts. Additionally, the lack of appropriate allocation, categorization and classification methods for prisoners hinder successful rehabilitation. Pointing out these challenges needs a extensive approach, including improving infrastructure, enhancing access to education and healthcare facilities, and encouraging societal acceptance. The methodology includes a case study approach, utilizing qualitative data from interviews with women prisoners and prison’s staff, and observations method within the prison. The findings explain significant barriers, such as limited access to educational and vocational opportunities, lack of healthcare facilities, societal stigmatization, and low infrastructure. This paper underscores the importance of developing effective intervention strategies and policies tailored to the specific needs of women prisoners, aiming to inform policymakers and stakeholders in creating extensive rehabilitation frameworks that advocate successful social reintegration.609 views -
A Comparative Study of Problem-Solving Approaches in Stem and Humanities Education
LL.M Student at The Tamil Nadu Dr. Ambedkar Law University, IndiaPages 588 - 617In the field of problem-solving education, many methods play a crucial role. STEM (Science, Technology, Engineering and Mathematics) problem-solving education involves various tools that address issues in different fields such as research, design, and robotics. Tools like graphs and plots, including pie charts, bar graphs, and line graphs, are essential for conducting doctrinal research. Humanities education tools also play a significant role in problem-solving research by fostering critical thinking, philosophical approaches, historical frameworks, and case study research. These tools support problem-solving approaches in the real world. In digital research, collaborative tools help researchers tackle complex challenges through teamwork, critical thinking, and shared learning. They also provide access to real-time data, such as PhET simulations. This Paper dealt in a Comparative Study of Problem-Solving Approaches in STEM and Humanities Education.571 views -
Pages 618 - 632The article analyzes the right to access health care of prisoners in the international legal system and Vietnam, assesses the current situation of ensuring this right, and at the same time studies some typical cases in the world. Through important case studies such as Plata v. Brown (USA), McGlinchey v. UK (UK) and the article clarifies the challenges in providing medical services to prisoners, the violations that lead to human rights violations, as well as the responsibility of the state in protecting the health interests of this group. From there, the article draws lessons and proposes solutions to improve policies and laws on medical care in the prison system in Vietnam, including improving facilities, reforming the monitoring mechanism and strengthening the accountability of the authorities. The conclusion emphasizes the importance of improving the health system in prisons, not only to ensure the rights of prisoners but also to enhance Vietnam's international reputation in implementing human rights commitments.471 views
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Pages 633 - 644Every year, thousands of migrants and asylum seekers undertake perilous sea journeys in search of safety, refuge from persecution, or better economic opportunities. Under international maritime law, vessel masters are obligated to render assistance to those in distress at sea. However, the disembarkation of rescued persons presents numerous logistical and political challenges for masters, shipowners, and charterers, often delaying or preventing timely disembarkation to a place of safety. Recognizing this dilemma, the International Maritime Organization (IMO) has recently adopted amendments to two key maritime conventions. Additionally, governments are encouraged to take all possible measures to prevent the use of unsafe boats for migrant transportation, as such voyages endanger both human lives and the safety of ships and cargo. As a specialized agency of the United Nations (UN), the IMO plays a crucial role in regulating shipping and ensuring maritime safety. This paper examines the IMO’s obligations concerning rescue operations at sea and explores how the organization should address the disembarkation of distressed persons rescued by commercial vessels.521 views
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AI Regulation in India: Through the Lens of Constitutional Ethics
Student at Christ (Deemed to be University) Pune Lavasa, IndiaPages 645 - 654As emanating technologies increase swiftly in number, posing the need for a regulatory framework to tackle the needs of the century, Artificial Intelligence (AI) has become a massive concern to a democratic state like India, which upholds high spirits of constitutionalism and legal ethics. Pressing issues like mass surveillance, data breaches, algorithm bias, and exploitation raise ethical concerns in safeguarding constitutional rights. These issues are often recognized as the ‘crisis of humanity.’ Evidently we are witnessing AI advancing at a fleeting pace, at the same time, constitutional interpretations progress close at hand. Furthermore, to a greater extent, trouble pertaining with regards to right to life is expected to rise. The European Union has enforced an extensive enactment by introducing the EU AI Regulation, leading to a more stringent application, whereas India has not yet come forward with a statute that governs AI except from having regulatory criterion for the AI use across different categories issuing by the Ministry of Electronics and Information Technology. The comprehended disembowel over the erosion of core human values and dehumanizing of society posed many moral challenges associated with AI and the viability of introducing a vigorous International Regulatory Framework to reign over its use. This paper explores the interception between AI and Constitutional Ethics, highlighting how AI should align with privacy, fundamental rights, individual autonomy, due process, etc. It is, indeed, necessary to take out the shadows of science and navigate mechanisms to fix accountability of any actions, no matter whether they are intended or unintended. The paper also underscores the need for policymakers to analyze and ensure the framing of rules and policies that uphold human dignity, accountability, transparency, and, primarily, a regulation that orients AI with Constitutional perspectives.667 views -
Pages 655 - 672Decision-making in household finances is a crucial driver of economic resilience and lasting financial well-being. The present study aims to study the role of gender in decision making regarding expenditure and savings in the households in urban and rural households of Hamirpur district (Nadaun and Bhoranj blocks) of Himachal Pradesh, India. The data were recruited with a survey-based research design and collected from 148 respondents (60 males and 88 females) to evaluate the financial decision-making authority, financial literacy, and investment behavior. There are large gender gaps when it comes to financial decision-making: In most households the predominant financial decision-maker is male (65%) and women more commonly engage in joint decision-making (52.3%) or rarely exercise unilateral control over financial decisions. A Chi-Square test (χ² = 88.19, p < 0.001) confirmed the strong association of gender and financial authority. Moreover, an Independent Samples t-Test (t = 2.25, p = 0.025) confirmed that men (Mean = 70) scored significantly higher in terms of financial literacy than women (Mean = 65), supporting difference in financial knowledge. Investment preferences varied as well, with women preferring low-risk investments, including fixed deposits (43.2%) and gold (40.9%) while men favoured high-risk investments like mutual funds (33.3%) and stocks (16.7%). These trends are driven by a lack of financial literacy, risk aversion and socio- cultural factors. The study recommends long-term strategies to bridge gender disparities, including financial literacy programs, employment opportunities, gender-sensitive banking policies and initiatives educating women on investments. Empowering women with economic independence is critical in achieving economic equality and financial inclusion.515 views
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Impact of Indian Reservation Policy in Achieving the Sustainable Development Goals Proposed by the United Nations
Research Scholar at Bhagwant University, Ajmer, Rajasthan, IndiaPages 673 - 694The Indian reserve policy, a fundamental element of affirmative action, has been instrumental in addressing past injustices and promoting social inclusion. This research study looks at how the reservation policy contributes to the Sustainable Development Goals of the UN. The study examines how certain SDGs , such as gender equality, poverty reduction, high-quality education, and reduced inequality, are supported by political representation, employment, and educational reservations. In connection with India's SDG objectives, it also highlights the reservation policy's drawbacks, criticisms, and possible future directions. The findings show that in order to achieve fair and sustainable growth in India, a comprehensive approach combining affirmative action with broader socioeconomic improvements is required. The historical context of reservation policies is also examined in this study, which tracks their evolution from before independence to the present. It evaluates the effectiveness of these initiatives in bridging socioeconomic gaps and enhancing disadvantaged communities. The report underlines that while reservation rules have significantly contributed to social mobility, long-standing institutional inequities have not been entirely eradicated. The essay argues that reservation rules should be modified to address many layers of discrimination by examining the intersectionality of caste, gender, and economic status. The study highlights the importance of dynamic policy frameworks that adapt to changing socioeconomic circumstances. It encourages data-driven policymaking and continuous impact evaluations to ensure reserve policies align with the broader sustainable development agenda. The study's conclusion emphasises how crucial the reservation policy remains to achieving the SDGs and promoting social fairness. Its effectiveness may be raised, nonetheless, by comprehensive socioeconomic reforms, targeted capacity-building initiatives, and the inclusion of economic considerations in eligibility frameworks. To build a more sustainable and inclusive society, reserve rules must be included into business sectors and governing bodies.1,066 views -
Social media is more than simply a communication tool in the current digital era as it plays a significant role in adolescence and shapes how youth view the world and themselves. Instagram, Tik-Tok, and Snapchat are among the sites that many teenagers use to share their life experiences, interact with others, and discover who they are. These social media platforms provide the youth an opportunity to interact with others virtually in a very seamless manner. But these platforms have penetrated the life of teens to so much extent that the lines between physical and virtual world has become blurred. Although social media offers chances for creativity, support, and belonging but it also exposes teenagers to various sort of insecurities like cyberbullying, unattainable beauty standards, and the demands of continual comparison. This paper deals with the complex psychological impact of social media on adolescents, examining how it influences their mental health, self-esteem, and social relationships. The research also highlights the empowerment it offers through community and self-expression, along with the vulnerabilities it creates through anxiety, addiction, and sleep disruption. By exploring this evolving relationship between social media and adolescence, we hope to shed light on how we can support young people in finding connection without losing themselves.434 views
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Assessing the Effectiveness of the POCSO Act, 2012: A Case Study of Bihar
Research Scholar at Gopal Narayan Singh University, Jamuhar Sasaram, IndiaPages 714 - 729The Protection of Children from Sexual Offences (POCSO) Act, 2012, was introduced in India to give a robust law framework for addressing child sexual abuse. While the objective of the law is to ensure child-friendly procedures and speedy justice, its effectiveness varies from states to states due to challenges in implementation. This article assesses the impact of the POCSO Act in particularly Bihar, a state with crucial socio-economic and legal challenges. Through various case studies, official data provided, and the interviews with legal individual, law enforcement officers, and various social workers, this research examines the strengths and limitations of the Act’s enforcement. The findings show that while the POCSO Act has led to increased reporting and awareness, the issues such as delay in trials, low conviction rates, and lack in support systems for victims reduce its effectiveness. This study highlights the immediate need for better legal infrastructure, sensitization of law enforcement agencies, and stronger victim support mechanisms to ensure the Act achieves its intended objective. This article provides a critical analysis of Bihar’s case with POCSO, offering policy recommendations to improve the law’s implementation and better protect children from sexual offenses.693 views -
Concept of Human Rights and it’s Generations: An Overview
Advocate and UGC NET (LAW) 2024 Qualified in IndiaPages 730 - 740The International Human Rights or rather the fundamental human rights whenever are studied they are divided into three parts which are called as three generations of rights. This concept of three generation of rights introduced by Karel Vasak covers almost all the Human Rights. This paper focuses on the study of the evolution of human rights and with it studies in detail the concept of three generation of rights and how these rights our incorporated in the our Indian Constitution. This Paper briefly touches on the lack of inclusion of certain new rights that are emerging today because of rapid technological advancements which is paving path for a new generation of rights which can be categorised as emerging ‘Fourth Generation’.527 views -
Nuremberg Trial to Third World Approaches to International Law
Student at National Law Institute University, Bhopal, IndiaPages 741 - 752The Second World War marked a pivotal moment in the evolution of international law, particularly through the establishment of war tribunals. This paper examines the Tokyo Trials through the lens of Justice Radha Binod Pal’s dissenting opinion, which critiqued the tribunal’s foundation and highlighted the inherent biases of victor’s justice, colonialism, and Western hegemony. Pal’s dissent majorly challenged the retroactive application of laws and the tribunal’s jurisdiction as well as also criticised the exclusion of colonial violence from legal scrutiny. His arguments laid the groundwork for Third World Approaches to International Law (TWAIL), which critically analyses how international legal systems perpetuate power imbalances rooted in Western hegemony. The paper traces the historical development of victor’s justice, from ancient practices to modern tribunals of Tokyo and Nuremberg. It highlights how victors have historically imposed unilateral justice on the vanquished, a trend evident in the Treaty of Versailles and the post-war tribunals. Justice Pal’s dissent questioned the legitimacy of these tribunals, arguing that they lacked jurisdiction over pre-war actions and violated principles of legal certainty by applying ex post facto laws. His critique resonates in modern contexts, such as the challenges faced by the International Criminal Tribunal for the former Yugoslavia, and for Rwanda where similar issues arose. Pal’s dissent also addressed the ambiguous definition of aggression in international law, arguing that aiding nations with arms could constitute aggression. This perspective has influenced TWAIL, which critiques Western states for their involvement in conflicts for economic gain. The paper further explores the selective application of law, particularly in cases like the Iraq War and the trial of Saddam Hussein. Illegitimacy of colonial aggression and the need for equality among nations remains relevant, as seen in disputes over Western Sahara and Kosovo.420 views -
Defamation in the Digital Age: Social Media’s Role in Amplifying Hate Speech and Challenging Free Expression
Student at Christ University, IndiaPages 753 - 764Social media has transformed global communication because most individuals can share their views and contribute to the discussion of issues. However, the ease with which all people share posts on social media has facilitated the spread of hate speech, which incites violence, discrimination, and hostility against vulnerable groups. This paper analyzes the impact of social media on defamation and freedom of expression, raising questions about the rise of social media platforms and the type of function they lend to hate speech. The regulation of hate speech becomes tricky because social media operates across national spaces with varied laws and legal instruments. Although efforts to curtail hate speech on social media are still inadequate, there is still no common regulatory framework for all: whereas some, such as the United States, place the principle of free speech at its core and others, such as the European Union, apply stronger regulation over hate speech. Algorithms on these sites often prefer stimulating and emotionally resonant content and give immense play to inflammatory rhetoric. The paper continues with a contrast between the various legal frameworks used in defamation proceedings across the UK, India, and the US and tensions between free speech and the protection of reputation. It ends with recommendations on how to address hate speech, stressing a more holistic approach that would entail stronger intergovernmental collaboration with technology companies and civil society. The paper is based on a doctrinal methodology of research.741 views -
Digital Transformation and Taxation Law in Cameroon: Exploring the Implications for Tax Authorities and Taxpayers
Department of English Law, Dschang School of Law and Political Science, University of Dschang, PO Box 66, Dschang, CameroonPages 765 - 780The speedy digitalization of the economy has transformed the tax landscape in Cameroon, presenting both challenges and opportunities for tax authorities and taxpayers. This study explores the impact of digitalization on taxation in Cameroon, examining the challenges and opportunities that arise from the increasing digitalization of economic activities. Using a mixed-methods approach, combining qualitative and quantitative data, this research investigates the effects of digitalization on tax compliance, tax revenue, and tax administration in Cameroon. The study reveals that digitalization has increased the complexity of tax compliance, created new opportunities for tax evasion, and posed significant challenges for tax authorities in terms of capacity, infrastructure, and legislation. However, the study also highlights the opportunities presented by digitalization, including the potential for increased tax revenue, improved tax compliance, and enhanced tax administration. The research identifies the need for tax authorities in Cameroon to develop new strategies, tools, and capacities to address the challenges and opportunities of digitalization. This study contributes to the existing body of knowledge on the impact of digitalization on taxation, providing insights into the specific challenges and opportunities faced by tax authorities in Cameroon. The findings of this research have significant implications for tax policy, tax administration, and economic development in Cameroon.569 views -
Pages 781 - 791The development of financial applications inside the newly growing Digital Financial Ecosystem in India has increased the possibility for cybercrime. As a result, offenders have increased their misleading tactics in order to deal with the evolving digital landscape in India. The growing number of phishing attacks in India is a striking illustration of the fact that the system itself serves as a fertile ground for cybercriminals. This article will provide an illustration of the mechanism behind blockchain technology and the potential to serve as a model for promoting transparency and digital identification among consumers as well as the benefits of utilising the technology within the financial ecosystem. This paper will also discuss the compatibility of the technology within the peripherals of Digital India. This would allow for the maintenance of a financial management system that is free from identity theft and other illicit methods such as phishing. In terms of the infrastructure requirements and the vision of the government bodies that are prescribed, the utilisation of such a technology is both exhaustive and comprehensive. In addition, the study will assess the presence of blockchain technology in a variety of government models that are not based in India in order to present a clear picture of the likely future of the Indian Financial System.444 views
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Bridging the Divide: A Comparative Exploration of Data Privacy Protections in India and the EU
LL.M. student at RV University, IndiaPages 792 - 801In the present time, when an individual’s data is at risk and may get misused, legal frameworks are a must to protect an individual’s privacy. This paper analyses India and the European Union’s data protection legislation at a comparative level within India and the European Union, specifically within the region of the GDPR and the DPDPA. The significance of the regulation of judicial practice as one of the key components of DPA compliance is provided with an overview. The rights-based legal framework of data subject with USPRP is used as an international benchmark with its active judicial involvement in key decisions such as Schrems II or the Google Spain case. On the other hand, India’s DPDPA although full of promise is undergoing the most changes with the most recent court rulings such as Puttaswamy v.Union of India which recognized a right to privacy as a fundamental right. Key cases such as the Pegasus spyware issue and the WhatsApp privacy debate have emerged which highlight the Indian judiciary and the political conflict that shines a light on these systemic issues in India. The paper focuses on the role of magistrates in the enforcement and evolution of data protection laws, highlighting the gap between the EU's well-functioning enforcement mechanisms and India's reliance on their systems.523 views -
Insider Trading and Corporate Tax Planning: A Legal and Ethical Perspective
Research Scholar at Bhagwant University, Ajmer, Rajasthan, IndiaPages 802 - 821This study examines the complex connection between corporate tax planning and insider trading, looking into how insiders may use confidential knowledge to their advantage while implementing tax-saving measures. The study explores the legal systems that control these behaviours, emphasising important statutory rules in India and other significant economies. The study also examines ethical issues, emphasising corporate accountability, openness, and equity in financial operations. In order to prevent insider trading abuses in tax planning, this study highlights the necessity for more robust oversight systems by evaluating real-world case studies and investigating the function of corporate governance. In order to identify and stop unethical activity, the study also looks at how cutting-edge technology like artificial intelligence, machine learning, and data analytics are changing financial surveillance procedures. This study further emphasises how important whistleblower procedures are for exposing illegal activity and maintaining market integrity. Best practices for controlling insider trading risks in tax planning can be gleaned from a comparative analysis of international legal precedents. The importance of cross-border transactions is further discussed in the paper, with a focus on how multinational firms use tax treaties to reduce obligations and negotiate complicated tax jurisdictions. It looks at how important tax compliance initiatives are for creating an accountable culture and making sure business plans comply with legal requirements. With an emphasis on bolstering shareholder rights and enhancing financial disclosure transparency, investor protection laws are examined in the perspective of reducing the dangers of insider exploitation. The paper also highlights the expanding impact of digital financial platforms, which have transformed transaction tracking and improved the capacity to identify questionable financial activity. Last but not least, the study supports comprehensive corporate ethics training programs that aim to instil integrity, accountability, and knowledge in financial professionals and corporate leaders. The study offers a thorough analysis of the changing field of insider trading and corporate tax planning by combining both components. In a world economy that is evolving quickly, it provides actionable advice for legislators, oversight organisations, and business executives on how to preserve market integrity, encourage moral behaviour, and guarantee financial transparency.352 views -
Indigenous Rights and Constitutional Recognition: A Comparative Analysis
Assistant Professor of Law at Telangana Tribal Welfare Residential Law College, Sangareddy, Telangana, IndiaPages 822 - 834Constitutional recognition of Indigenous rights is a complex global issue with no one-size-fits-all solution. This analysis examines diverse approaches to constitutional recognition, drawing upon case studies from various nations to identify key themes and lessons learned. The findings reveal that while plurinational constitutionalism shows promise in countries like in Latin America , implementation remains a challenge . In places like New Zealand, the Treaty of Waitangi highlights the need to address historical grievances. A recurring theme across all cases is the gap between constitutional principles and the lived realities of Indigenous peoples . Several recommendations emerge from the synthesis of these case studies. Governments and policymakers should engage in genuine consultation with Indigenous communities, integrate Indigenous perspectives into constitutional reforms, and invest in mechanisms that support the enforcement of Indigenous rights . Indigenous communities must continue advocating for their rights through political mobilization, legal challenges, and cultural revitalization. For all stakeholders, fostering a culture of respect and reconciliation is crucial for building a more just society. Future research should focus on the long-term impacts of constitutional recognition on Indigenous well-being and cultural survival. Comparative studies examining the experiences of Indigenous women are particularly needed. Innovative mechanisms for implementing Indigenous rights, such as community-based monitoring, also warrant further investigation. Constitutional recognition is a moral imperative that requires courage, commitment, and a willingness to embrace a more inclusive vision of citizenship . By acknowledging the rights and dignity of Indigenous peoples, nations can begin to heal the wounds of the past and build a more equitable future for all.678 views -
Neurorights Legal and Ethical Considerations and Brain Data Privacy
Student at CHRIST (Deemed to be University) Delhi NCR, IndiaPages 835 - 847The swift and rapid pace at which neurotechnology is evolving has brought with it both immense opportunities never before available and its corresponding massive ethical dilemmas with regard to mental privacy and cognitive liberty. It is through neurotechnology that brain processes now can be read, recorded, and even modified. Thus, the emerging new protections called collectively "neuro-rights" are coming to be aimed at protecting individuals from possible damage coming from such illicit use. In the main, this paper is here to show how neurotechnology affects reserve autonomy and mental integrity using a framework of rights that is spelled out by the legal mind of Wesley Hohfeld, who classifies rights into claim-right, privilege, power, and immunity. This paper highlights mental privacy, cognitive liberty, and mental integrity within the legal status of neuro-rights. For example, neuro-rights legislation in Chile, Brazil, and France has become part of each country's legal framework. However, this does not solve the problem of the lack of international comprehensive standards in this regard. Inconsistencies across jurisdictions make them gaps in enforcement, leaving the individual vulnerable to unconcerned access to the individual's neural data and intrusive neuro-technological interventions. The legal and ethical complications involved in enforcing neuro-rights call for coordination at the international level to ensure similar footing on protection. This paper advocates for common international standards that would address ethical, legal, and social concerns surrounding neurotechnology. By including neuro-rights in existing human rights frameworks and advocating diverse collaboration across governments, ethicists, and lawyers, a strong regulatory paradigm could be built; moreover, remedies relating to the violation of neuro-rights should be explicitly stated for ensuring access to justice and redress for individuals affected by such rights violations. With rapid advances in neurotechnologies, it is imperative to take the initiative in early prevention of any possible abuses and protection of cognitive liberties. This model also should be applicable across nations to protect neuro-rights in such a way that technology advancement can lead to collective success for mankind rather than infringing on basic rights of human worth.1,100 views -
An Analysis of Intellectual Property Rights Challenges in the Over-the-Top (OTT) Media Landscape: Balancing Innovation and Copyright Protection
Student at Christ University, Bangalore, IndiaPages 848 - 863The article explores the legal intricacies and copyright issues in the rapidly evolving OTT media industry. OTT platforms, such as Netflix and Hulu, have revolutionized content consumption, offering flexibility and global access. However, this rise has led to challenges, particularly in managing intellectual property (IP) rights, piracy, and copyright infringement. Copyright laws are crucial for protecting content creators, but OTT platforms face complex issues in navigating global regulations, ensuring compliance with copyright protections, and combating piracy. Historical milestones, such as Netflix's shift to original content production and global expansion, highlight OTT's evolution and the impact on traditional media models. Legal cases, like "Justice for Rights Foundation v. Union of India" and "Viacom v. YouTube," demonstrate the tension between copyright protection and the need for innovation. OTT platforms must balance exclusive content rights with fair use while addressing piracy and licensing disputes. The paper also discusses future challenges, such as the growing role of AI in content creation and the need for international cooperation in intellectual property laws. Strengthening legal frameworks to safeguard intellectual property and encourage innovation is essential for the sustainable growth of the OTT industry.564 views -
Blurred Boundaries: When AI Challenges Consent and Privacy
Student at University Institute of Legal Studies, Chandigarh University, IndiaPages 864 - 869The drastic rise of AI-Generated content specifically deep-fake pornography is posing a significant threat to mental health, privacy and societal dignity. This is is further boosted by the conventional legal frameworks. These are classified into various tools such as the DeepFace Lab and they exploit individuals by creating a replica of their facial features and using the same for explicit content. Internationally multiple nations are implementing various enactments and imposing regulations which display the need of having a multi-faceted approach to mitigate deep-fake risks. This short note displays the importance of initiating an appropriate balance between innovation with safeguards to curb the exploitation of AI-Technology.414 views -
Artificial Intelligence and the Future of Law: Balancing Innovation with Ethical Governance
LL.M. Student at Chaudhary Charan Singh University, Meerut, IndiaPages 870 - 889Artificial intelligence is transforming the legal profession by augmenting analytical capacities, boosting access to justice, and increasing operational efficiency. Machine learning algorithms excel at evaluating extensive legal data sets, uncovering insights that may be challenging for human analysts to discern. This meticulous study yields more precise predictions of a case's probable outcome, aids in decision-making, and facilitates the development of superior legal tactics. Additionally, artificial intelligence-driven chatbots and virtual assistants are enhancing access to legal information and counsel for individuals who may find it challenging to obtain legal guidance through other means. These innovations are cutting costs, boosting efficiency in the legal field, and improving access to justice. The integration of artificial intelligence into legal systems brings a host of challenges, including ethical and legal concerns like algorithmic bias, data privacy issues, and the reliance on AI for critical legal decisions, which raises questions about moral and legal responsibility. To ensure transparency in decision-making and maintain human participation, it is crucial for legal experts and lawmakers to work together to create explicit guidelines for using artificial intelligence in the legal field. Regular assessments and reviews of AI systems will be essential to confirm they comply with ethical standards, remain accurate, and promote fairness. In the course of implementing AI technology in the legal profession, professionals must ensure they enhance their skills and knowledge to effectively integrate these innovations into the legal system while observing the principles of justice, fairness, and people-centered legal practice. Legal services of the future will rely on the concept of balance between applying AI technologies to increase the effectiveness and availability of services while keeping the essence of the legal profession.592 views -
Marriage or Ownership?: The Constitutional Crisis of Marital Rape in India
Student at Christ (Deemed to be University) Pune, Lavasa, India.Pages 890 - 903Regardless of its legally unaddressed status in India the matrimonial rape exemption both in the Indian Penal Code (IPC) and Bharatiya Nyaya Sanhita (BNS) denies fundamental rights to married women. The article investigates how this exemption from prosecution under the Indian Penal Code and Bharatiya Nyaya Sanhita faces constitutional difficulties because it breaches Articles 14, 15, 19 and 21 of the Indian Constitution. Instances of marital rape demonstrate the strength of patriarchal norms within society through an assessment of judicial views and government positions and public opinions. International legal frameworks show how different countries successfully blocked marital rape to ensure protection for women who are married. This paper investigates legal reforms and public awareness strategies as well as policy solutions which are vital to break down deep-seated gender prejudices before implementing rights-based marital rape remedies. This research demands immediate legislative action along with court awareness about gender equality as well as extensive support systems to protect the autonomy and rights of married women in India.427 views -
Pages 904 - 907The study “Pirating Youth: Examining the Correlates of Digital Music Piracy among Adolescents” by Whitney D. Gunter, George E. Higgins, and Roberta E. Gealt addresses a critical gap in research by focusing on adolescent involvement in digital music piracy, an area previously dominated by studies on college students. Digital music piracy, involving the unauthorized copying and distribution of music, results in significant financial losses for the music industry and legal consequences for offenders. The study employs Gottfredson and Hirschi’s self-control theory, which posits that individuals with low self-control are more likely to engage in deviant behaviors. Using a random sample of 8th and 11th-grade students in Delaware, the findings reveal that demographics (sex, race, and socioeconomic status), educational achievement, and self-control are significant predictors of music piracy among adolescents. This study expands existing literature by examining actual piracy behavior rather than just attitudes and broadens the age range of participants to include middle school students. Despite its contributions, the study identifies several research gaps, including the need for longitudinal studies to track behavioral changes over time, cross-cultural comparisons to understand global patterns, and research on the influence of technological advancements on piracy behavior. Moreover, the study calls for the development of effective intervention strategies tailored to the specific factors driving adolescent piracy, such as low self-control and demographic characteristics. Future research should focus on cross-cultural studies, longitudinal designs, and technological innovations to provide deeper insights into the evolving nature of music piracy. Collaboration with educators, policymakers, and industry representatives is essential to create effective prevention programs. The study’s findings underscore the importance of understanding and addressing music piracy among adolescents to prevent the normalization of criminal behavior and support the protection of intellectual property rights in the digital era.353 views
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A Study on the Plight of Saltpan Workers in Gujarat
Assistant Professor at Government Law College, Coimbatore, IndiaPages 908 - 916Salt production in Gujarat, India, is a significant industry, contributing about 70% of the nation's salt supply. The industry is labor-intensive, employing a large unorganized workforce, mainly from the Koli and Chuvaliya tribes, known as "agariyas". These workers migrate to areas like “the Little Rann of Kutch” for about eight months annually with their families to extract salt from subsoil brine. The process involves digging wells and transferring brine to evaporation ponds, a method unchanged for years. Agariyas face numerous hardships, including “a lack of basic amenities like health facilities, clean water, and education”, coupled with extreme working conditions. Exposure to the sun and salt leads to health issues such as blindness and skin diseases. Despite their crucial role, saltpan workers receive a small fraction of the salt's market price, with the majority going to traders and other intermediaries. Children often start working in the salt pans around age 10, foregoing education and perpetuating a cycle of poverty. There have been efforts to improve their conditions through welfare measures and organizations like the Agariya Heet Rakshak Manch, but challenges remain in improving wages and market access.886 views -
Human Rights & Women Tea Workers: A Study in North Bengal
LL.M Student at CMR University School of Legal Studies, Bangalore, IndiaPages 917 - 937North Bengal tea workers significantly contribute to the regional economy. But female tea workers suffer from critical human rights problems. Their social and economic status, the impact of labour legislation on them, and gender-based discrimination are examined in this paper. It cites many problems, such as low wages, hazardous working conditions, absence of maternity benefits, gender violence, financial exploitation, and trafficking. Although there are protective legislations like the Plantation Labour Act of 1951 and the Minimum Wages Act of 1948 , their weak enforcement leaves the women vulnerable to exploitation. The paper explains how such legislations should safeguard the workers and suggests policy reforms that can enhance their welfare. Emergency reforms are necessary, with strict enforcement of the labour legislations, to provide equal rights to women in North Bengal's tea industry, safe working conditions, and fair remuneration.552 views -
Case Comment on Narmada Bachao Andolan vs Union of India and Ors AIR 2000 SC 3751
Student at School of Law, Devi Ahilya Vishwavidyalaya, Indore (M.P.), IndiaPages 938 - 946The Narmada Bachao Andolan v. Union of India (AIR 2000 SC 3751) case is a major judgment that illuminates the intricate nexus between economic growth, protection of the environment, and human rights in India. The controversy was triggered by the construction of the Sardar Sarovar Dam on the Narmada River to supply water for irrigation, drinking water, and hydroelectric power to several states. Medha Patkar-led Narmada Bachao Andolan objected to the project on the basis that it was infringing on the basic rights of the displaced tribal and rural populations under Articles 14 and 21 of the Indian Constitution. The NBA objected on the basis that there was no adequate environmental impact assessment of the project and that the rehabilitation of displaced families was insufficient. In a majority 2:1 verdict, the Supreme Court favored the government, upholding the continuing construction of the dam while directing rehabilitation and protection of the environment to be executed concurrently ("pari passu"). The ruling highlighted the centrality of large infrastructure projects in national development but underlined the necessity of balancing economic progress with environmental concerns and human rights protection. The judgment reinforced the limited role of the judiciary in making policy choices, upholding the separation of powers doctrine while holding the executive accountable to rehabilitation and environmental protection.2,566 views -
Green Energy Financing and Investment Laws in India: A Critical Analysis
Assistant Professor at Durgapur Institute of Legal Studies, Durgapur, West Bengal, IndiaPages 947 - 965In the context of global climate change, the transitions to green energy resources have gained a significant traction worldwide including India, as the growth of energy sector is closely connected to overall development, economic stability, and environmental sustainability of a nation. Heavy fossil fuel exploitation causes Greenhouse Gas emissions and air pollution, necessitating a shift to renewable and clean energy sources. Sustainable development requires financing and thus, the green energy financing and investment has become the essential need of the hour to reduce carbon emissions and address environmental concerns. Green energy financing and investment provide resources for projects promoting renewable energy, transitioning from fossil fuels to sustainable alternatives. Green Energy Financing includes R&D funding, project development, equipment procurement, provision of loans, grants, subsidies, and financial incentives. Green Energy Investment involves allocating financial resources for returns from renewable projects, through direct investment, equity stakes, or financial instruments like green bonds or funds. India's transition to green energy faces challenges due to rising electricity demand, economic growth, and population expansion. Renewable energy growth is significant but insufficient. Prioritizing energy conservation, efficiency, and supportive regulations is crucial for sustainable energy security and reduced fossil fuel dependence. This study analyses legal, financial, and regulatory aspects of green energy financing in India, aiming to promote a low-carbon economy and sustainable development while evaluating judicial impacts on green energy investments.460 views -
Privacy vs. Security: Balancing the Panopticon in this Digital Age
Student at Lloyd Law College, Greater Noida, Uttar Pradesh, India.Pages 966 - 975The Panopticon, Jeremy Bentham’s circular prison cell concept, a theory based on the fact – ‘One can be controlled, if enough fear of constant observation is created’ which now has transcended its physical form to become an emblem of societal control, even though it is never realized. This abstract examines how the fundamental idea of this small-scale structure (panopticon)—the ability to continuously observe—has grown to be a key component of control. A society comparable to Bentham’s concept not restricted to prisons is now created by surveillance technology, such as CCTV cameras and digital monitoring through mobile applications, documents such as passports and financial records, which may not be physical but keep a constant check on an individual’s activity and daily life, which was the sole essence of the Bentham’s concept. But this also brings a crucial question: Is this a part of freedom and independence, is constant surveillance on our daily life necessary for security, or does it compromise people’s right to privacy? The idea of the “invisible watchman” is remarkably applicable in the era of digital technology, showcasing our overdependence on technology and giving up on privacy under a social contract towards authorities. With each new technological development, the Panopticon’s reach grows, as the technology would be controlled by a human being and the data collected could be stored in any part of the world. It may even include information one never expects to be shared and stored. Social media surveillance contributes to the further blurring of public and private domain boundaries. While regulations are coming up to match the needs of the world, ensuring the data is safe and no one is misusing the information shared. The paper aims to evaluate the progress of technology and whether this is an authoritarian future of absolute control, or can strike a balance between security and privacy.505 views -
Green Crimes in India with reference to Wildlife Crimes from the Green Criminology Perspective
Principal at Bathinda College of Law (Punjabi University) Patiala, India.Pages 976 - 997The environment is a unified entity that constitutes living and non-living beings, supporting life by providing air, food, water and earth. Being earth’s rational dwellers, it is our utmost responsibility to preserve and protect the ecosystem. However, human beings, being anthropocentric in nature, always have a tendency to exploit mother nature, not only natural resources but also encroaching upon the other non- human beings, such as animals and wildlife How far wildlife crimes are effectively curbed in India? What are the major wildlife crimes in India and how India is trying to implement international obligations arising under international treaties? To what extent constitutional mandate is able to protect the wildlife under the Directive principles of state policy and Fundamental duties? The paper discusses the theories of criminology which helps to comprehend the green criminology. The Wildlife protection has been extensively dealt by the Indian judicial system not from anthropocentric view but also considered the ecocentric approach.487 views -
Indigenous Peoples’ Rights and Environmental Protection: Legal Challenges and Pathways to Sustainable Development
Assistant Professor at Durgapur Institute of Legal Studies, Durgapur, West Bengal, IndiaPages 998 - 1011Indigenous peoples are disproportionately impacted by the loss of biological diversity and environmental degradation due to the growing demands placed on their lands and resources, as well as the cultural and religious ties to their ancestral places. In the world, there are more than 200 million indigenous people. The majority of them are found in extremely sensitive ecosystems, such as the semiarid rangelands and mountains, the Arctic and tundra, tropical and boreal forests, and riverine and coastal zones. The last few decades have seen an increase in the burden on traditional indigenous territories as outsiders have searched for, extracted from, or converted natural resources to meet an expanding worldwide demand. The areas that indigenous peoples used to be difficult to access have now become important sources of minerals, hardwoods, pasture land, and hydroelectric power. Climate change is putting other indigenous areas in danger of disappearing entirely. Therefore, this paper seeks to investigate the varied nature of these issues, evaluate the applicable legal frameworks critically, and pinpoint potential avenues for bridging the gaps between Indigenous rights, environmental preservation, and sustainable development objectives. Additionally, this study aims to advance global sustainability goals by addressing these problems and fostering a more inclusive and equitable approach to environmental governance that respects Indigenous peoples' rights and aspirations.720 views -
Analysis of Article 122 with regards to ‘Irregularity of Procedure’ and Judicial Review of Legislative Process
Student at CHRIST (Deemed to be University) Bangalore, IndiaPages 1012 - 1023In contemporary jurisprudence, the doctrine of judicial review has evolved to become a formidable safeguard against the arbitrary and unconstitutional exercise of power by state functionaries. The 2023 Winter Session of Parliament witnessed the unprecedented suspension of 146 Members of Parliament (MPs), raising concerns regarding procedural irregularities and the extent of judicial review permissible under Article 122 of the Indian Constitution. This paper undertakes a critical analysis of such suspensions to see if they constitute an ultra vires exercise of authority and warrant judicial review despite the constitutional bar under Article 122. The paper employs a doctrinal research methodology, to critically examine constitutional provisions, judicial precedents, academic discourse, and legislative frameworks to explore the scope of judicial intervention in parliamentary procedures. The paper critiques the discretionary powers vested in the presiding officers of both Houses of Parliament and the absence of an independent oversight mechanism to assess the reasoning and legitimacy of parliamentary suspensions. It further contends that where procedural irregularities undermine the deliberative and representative character of the legislature, they transcend the threshold of mere procedural matters and fall within the ambit of judicial review. This paper argues that the immunities conferred under Article 122 cannot serve as a cloak for procedural illegality or a violation of constitutional mandates. It advocates for the establishment of a parliamentary oversight committee to ensure that suspensions are reasoned, proportionate, and non-partisan. The paper calls for safeguards to prevent majoritarian dominance from eroding democratic values in order to uphold the legislative process as envisioned under the constitutional framework.859 views -
Enhancing the Framework for International Commercial Arbitration: Through the Landscape of Institutional Arbitration
Law student in IndiaPages 1024 - 1032International Commercial Arbitration (ICA) in India has evolved significantly, driven by the country’s growing economic presence globally. The Arbitration and Conciliation Act, 1996, governs International commercial Arbitration in India, incorporating the UNCITRAL Model Law. India’s ratification of the New York Convention facilitates enforcement of foreign arbitral awards. The Indian judiciary has been supportive, upholding arbitration agreements and enforcing foreign awards. ICA institutions, such as the Indian Council of Arbitration, have also been established. Despite challenges, ICA in India offers a viable dispute resolution mechanism for international commercial disputes, promoting India as a hub for international arbitration. This article will track the journey of the arbitration process with reference to the International commercial arbitration and acknowledge the role of Institutional arbitration in India.650 views -
Women’s Autonomy over Sexuality and Reproductive Health in India
Student at Aligarh Muslim University, Malappuram, IndiaPages 1033 - 1050This article aims to critically analyze the concept of women's autonomy over their sexuality and reproductive health within the Indian context. It explores the historical background, legal framework, challenges, emerging trends, and judicial attitude surrounding this topic. By examining key legislative reforms, judicial decisions, and societal dynamics, this article seeks to shed light on the complexities and opportunities for progress in ensuring women's autonomy and reproductive rights in India. The article further emphasizes the importance of promoting comprehensive sexuality education, improving access to healthcare services, and advocating for policy reforms that prioritize women's agency and well-being. Ultimately, the objective is to contribute to the ongoing discourse on women's rights, shape public opinion, and inform policymakers, legal practitioners, and activists working towards achieving greater gender equality and women's empowerment in India.547 views -
The Multifaceted Nature of Social Media Laws and their Implications in India
Student at Law Centre-II, Faculty of Law, University of Delhi, IndiaPages 1051 - 1059In the past few years, the regulation of social media platforms in India has become a prominent subject of debate, especially as the digital landscape continues to transform and expand. This issue is both dynamic and multifaceted, reflecting the complex interactions between technology, legal principles, and societal norms. Social media platforms are often viewed as online tools that enhance interpersonal relationships, fostering social connections among users. These platforms primarily consist of resources that facilitate the sharing and dissemination of information via the Internet and mobile devices. Commonly reported incidents on social networking sites include anonymous threats, bullying, harassment, and stalking. A considerable portion of these incidents go unpunished, leading to a lack of recognition of their severity. The Indian government has enacted several measures to address the unique challenges that arise from the rapid growth of social media, including issues related to misinformation, data privacy, and the moderation of online content. This article will investigate the regulatory framework that governs social media platforms in India, along with the broader context of digital platform regulation, internet laws, and online content moderation.433 views -
Pages 1060 - 1069The emergence of digital payment platforms has dramatically altered the global economy. These platforms have transformed the way businesses and individuals conduct financial transactions by making them more efficient, transparent, and inclusive. In India, the population’s increasing access to the internet has caused a further increase in digital payments. According to the Reserve Bank of India (RBI), the number of digital transactions in the country rose from 6.9 billion in 2017-18 to 23.8 billion in 2020-21. This increase can be attributed to more people adopting new digital payment methods like mobile wallets, the Unified Payments Interface (UPI), as well as the widespread use of debit and credit cards. When considering the rest of the world, India’s increase in the use of digital payments is noteworthy. A report from McKinsey stated that India is expected to achieve a $1 trillion-dollar digital payment market by 2025. This is combined with growing access to the internet, a higher adoption rate of smartphones, and the government’s efforts to encourage digital payments. This paper studies the increase in digital payments in India while looking at global trends and its economic implications. It investigates the reasons for the increase in digital payments in India and analyses the results of these payments on financial inclusion, economic growth, and the general finances of India.1,182 views
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Effects of Cameroon 2014 Anti-Terrorism Law on Promotion and Protection of Human Rights: Case of Northwest and Southwest Regions
Ph.D. Candidate at Institute of Governance, Humanities and Social Sciences, Pan African UniversityPages 1070 - 1088Terrorism is a threat to sustainable peace in the world. The scars of the September 11 attacks in United States of America compelled global war on terror and the introduction of anti-terrorism laws to combat terrorism. The adoption of the United Nations Security Council Resolution 1373 (2001), obliged member states to implement measures to strengthen institutional and legal capabilities to combat terrorism. From the foregoing, Cameroon introduced the anti-terrorism without taking into cognizance it may put human rights at risk. The introduction of the 2014 anti-terrorism law has negatively impacted the promotion and protection of human rights. This paper examines the effects of the 2014 anti-terrorism on the promotion and protection Human Rights in the North West and South West regions. This paper applied the Legal Realism theory to highlights these effects. With the use of purposive sampling technique, this paper interviewed 5 Lawyers, 5 Journalists and 5 Human rights activists based in the Northwest and Southwest Regions and data was analysed using thematic analysis. This paper found out that the understanding people have about the 2014 anti-terrorism law is that it creates fear, the law is vague and it is a threat to human rights. The paper also found out that the 2014 anti-terrorism law has negatively impacted the promotion and protection of human rights, which includes; violation of press freedom and expression, creates unsafe working environment, absence of rights to life, absence of rights to life, arbitrary Arrest, detention and torture, and reduction in media coverage, underreporting and limited cases in the Northwest and Southwest regions. This paper concludes that the Cameroon 2014 anti-terrorism was hurriedly introduced due to the pressure from Western Powers without taken into consideration the realities and contexts of Cameroon thus it has negatively impacted the promotion and protection of human rights in Cameroon in general.336 views -
Collective Political Violence and the Criminal Justice System in India: A Study on Legal Responses and Challenges
Research Scholar at Bharat Institute of Law, Bharat University, Chennai, Tamil Nadu, IndiaPages 1089 - 1114India struggles with collective political violence (CPV) in the form of communal riots, electoral violence, police confrontations, and militant extremism. Our diversified and complicated socio-political context, distinguished by deep-rooted historical tensions, ideological disagreements, economic inequities, and identity-based divisions, fosters such violence. These occurrences threaten national security, democratic stability, and citizen rights while disrupting public order. Radicalization's growing involvement in political violence challenges the state's ability to maintain law and order as extremist ideology influence susceptible groups. This study analyses India's legal framework for CPV, focussing on constitutional, statutory, and emergency measures. It evaluates police, paramilitary, and intelligence services' political violence control and prevention efforts. It also examines how political patronage, institutional accountability, and lengthy legal fights provide offenders impunity and promote lawlessness. Governance systems, policy decisions, bureaucratic inefficiencies, and administrative errors lead to cycles of instability, according to the study. This article also examines historic verdicts, commissions of inquiry, and the judiciary's role in protecting CPV victims' human rights. The Indian Penal Code, Unlawful Activities (Prevention) Act, National Security Act, and other pertinent laws are critically assessed for their effectiveness in combating organised political violence. This research shows violent patterns, the state's response, and the socio-political effects of such acts via major case studies from diverse Indian areas. Institutional accountability issues such law enforcement biases, delayed legal processes, and inadequate witness and victim protection are highlighted. Finally, the report recommends legislative and policy changes to improve India's criminal justice system's CPV response. Increase police accountability, ensure fair investigations, establish fast-track tribunals for political violence, and promote community-based conflict resolution. This article seeks to reduce collective political violence and promote democracy in India by closing legal and institutional gaps through better governance and legal reforms.1,169 views -
Concept of Traditional Knowledge in the Protection of Traditional Knowledge Bill 2022: A Comparative Analysis
Associate Professor at Department of P. G. Studies in Law Dr. Babasaheb Ambedkar Marathwada University, Aurangabad, IndiaPages 1115 - 1124At international level there is no consensus on the definition of Traditional Knowledge. At the national level different countries have protected traditional knowledge in their IP law or through sui generis system. This article examine briefly the definition of traditional knowledge in relation to the Protection of Traditional Knowledge Bill 2022 in comparison with the similar concept in a few select countries in the world. India’s Protection of Traditional Knowledge Bill 2022 provides an inclusive definition of traditional knowledge. The definition includes knowledge and expression of culture subsisting in various forms carried on for at least three generations. Traditional knowledge and traditional cultural expressions are two different concepts but are included in the definition, it mentions about medicinal preparations thereby restricting the other fields. The definition of traditional knowledge given by WIPO’s IGC, Zambia’s law and Kenya’s law contains uniformity and hence compared with the definition under Protection of Traditional Knowledge Bill 2022.480 views -
Domain Name Disputes in the Digital Age: A Study of Cybersquatting Laws in the USA and India
LL.M. Student at Antonin Scalia Law School, United StatesPages 1125 - 1137Trademarks serve as a crucial tool in preventing consumer confusion and protecting businesses from competitors who may seek to profit through deceptive means. Trademark law grants owners exclusive rights to register and protect their marks while offering limited protection to unregistered trademarks. The primary objective of trademark law is to prevent unfair competition by ensuring comprehensive protection for trademarks at a national level. By restricting the unauthorized use of source-identifying marks, trademark law reduces consumer search costs and promotes fair marketplace competition. Without such protection, consumers could be misled, making trademarks an essential mechanism for maintaining market integrity. With the rise of digital marketing and e-commerce, trademark-related disputes have evolved, leading to the emergence of cybersquatting—a practice where individuals register domain names of well-known brands with the intent to sell them at high prices to competitors or the brand owners themselves. The most commonly targeted element in cybersquatting cases is the Second-Level Domain Name. Various forms of cybersquatting, such as typo-squatting, identity theft, and name-jacking, have further complicated legal enforcement. In India, cybersquatting is not explicitly addressed under the Information Technology Act, 2000 or its 2008 amendment. Instead, disputes are resolved under the Trade Marks Act, 1999 when domain names acquire brand recognition. In contrast, the U.S. Anti-Cybersquatting Consumer Protection Act (ACPA), 1999, specifically prohibits cybersquatting, providing a civil remedy against abusive domain name registrations that infringe on distinctive trademarks.385 views -
The Intersection of Intellectual Property Rights and Women Empowerment: Legal Challenges and Opportunities
LL.M. Student at Vels School of Law (Deemed to Be) University, IndiaPages 1138 - 1155Intellectual property rights (IPR) and women empowerment have a lot to offer in terms of potential and legal obstacles. This study examines the ways in which women's economic and social standing can be improved through the use of IPR, while also highlighting the obstacles that women must overcome in order to obtain and utilize these rights. Since women have limited exposure to innovation and creativity than males, research on the relationship between women and intellectual property rights (IPR) is crucial. This study looks at the obstacles women encounter in gaining access to and using their intellectual property rights as it investigates the gender dynamics in IPR. It looks into how societal norms, gender bias, and stereotypes affect women's rights to patent, trademark, and copyright their creative output. The study emphasizes how crucial it is to have inclusive laws and programs that support gender parity in intellectual property rights (IPR), allowing women to fully engage in the innovation ecosystem and reap the rewards of their artistic pursuits. Gender biases in legal frameworks, underrepresentation in STEM disciplines, restricted access to networks and resources necessary for IPR commercialization are some of the major obstacles. IPR has a great deal of potential to support women's innovation and entrepreneurship in spite of these barriers. This study intends to highlight solutions for overcoming these obstacles and establishing a more inclusive IPR landscape that supports women's empowerment by looking at case studies, legislative frameworks, and policy efforts. To increase women's success and participation in the field of intellectual property, practical interventions and legislative reform recommendations will be offered.560 views -
GST and Taxation Policy: A Comprehensive Analysis
Assistant Professor at Dr. Ambedkar Global Law Institute, Tirupati, Andhra Pradesh, IndiaPages 1156 - 1179The GST has transformed indirect taxation in India and improved compliance. This article critically assesses GST's influence on India's taxation policy, including revenue generation, economic development, and administrative efficiency. It also examines implementation issues and offers policy changes to improve results. We also explore how GST reduces tax cheating, boosts company competitiveness, and promotes cooperative federalism in India. The paper also shows how GST has formalised the economy, enhanced tax collection, and rationalised tax structures to change consumer behaviour. This research examines how GST unifies India's fragmented tax structure, reduces logistical inefficiencies, and promotes tax administration transparency. It examines GST's effects on manufacturing, services, e-commerce, and SMEs. The report also discusses how technology helps with GST compliance, e-invoicing, and data analytics for tax fraud detection. It examines GST's effects on inflation, consumer expenditure, and international trade competitiveness. The paper explores how GST has affected investment decisions and capital movements in India, creating a more predictable tax environment that promotes economic stability. GST's influence on employment patterns is examined, including whether tax reforms have created jobs or changed sectors. It also examines how GST input tax credits have affected real estate and infrastructure prices and market dynamics. Additionally, the study examines how GST compliance expenses affect small firms and startups and offers ways to reduce them. The paper concludes with worldwide best practices and GST implementation suggestions for sustainable economic growth. It examines how fiscal policy aligns GST with long-term national development goals to maintain equitable and growth-oriented tax arrangements. GST policy revisions are needed to handle changing economic issues and guarantee fiscal stability, according to the study.502 views -
Pages 1180 - 1201The present piece of work deals with violation of human rights in India and some other countries which are not well known and left untouched. The object of this work is to unveil major aspects of pandemic effect and necessitous situation of people around the world. In order to carry out profound research various journals, articles, reports, newspapers and human rights activities have been made source of study. Also, judgments and books of human rights have been referred for general understanding. There can be no greater tragedy than human rights violation. Human rights are a dynamic approach which answer the various problems of the world. There are many parts of the world including India which are juggling with the human rights issues. This piece of work highlights some of the major human rights issues and also suggests a way forward to deal with the same.471 views
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The Principle of State Sovereignty vs. Humanitarian Intervention in International Law
Student at IILM University, IndiaPages 1202 - 1212This paper offers a critical analysis of the ongoing conflict between state sovereignty and the need for humanitarian intervention in the area of international relations. embedded in the Westphalian idea of state sovereignty, which indicates that states have absolute control over their internal affairs, this principle has evolved and formed the backbone of the international legal system. Moreover, it confronts challenges when states are involved in severe human rights abuses, leading to the need for outside intervention. Closely analysing legal structures such as the United Nations Charter and the Responsibility to Protect (R2P) doctrine, this paper will investigate the evolving norms linked to humanitarian intervention. examining case studies, including NATO's intervention in Kosovo (1999), the Libyan intervention (2011), and the situation in Syria, by evaluating the real-world practical implications and aftermath of interventionist approaches, underscoring the ethical and legal intricacy that rise when combined with the attempt to restore state sovereignty with the moral duty to prevent atrocities. Furthermore, exploring the impact of international organizations, regional entities, and influential nations in shaping intervention actions. integrating perspectives from international law, political theory, and global governance, advocating for a balanced outlook that regards human rights while also maintaining the legitimate state authority. Finally, this paper offers policy suggestions pursued at improving the efficacy of interventions while conserving sovereignty and non-interference of states. This contributes to the existing discourse concerning the future of humanitarian intervention in an progressively interconnected and ever-changing world, reiterating the need for a more answerable and clear UN framework to address humanitarian crises.998 views -
A Study on Navigating Legal Challenges in Crowdfunding Contract: Issues of Accountability and Enforcement
Student of Saveetha School of Law, Saveetha Institute of Medical and Technical Science, Chennai, India.Pages 1213 - 1220Crowdfunding, a popular method of raising capital through contributions from a large number of individuals, often involves complex legal challenges when formalizing contracts between fundraisers and backers. These challenges primarily stem from the lack of clear regulations, ambiguities in contractual terms, and differing interpretations of rights and obligations. The aim of studying legal challenges in crowdfunding contracts is to identify, analyze, and address the legal complexities and ambiguities that arise in crowdfunding agreements. The research represents the empirical approach using convenient sampling to collect data, The key findings on legal challenges in crowdfunding contracts include ambiguity in defining roles and obligations, lack of regulatory uniformity, risks of fraud and misrepresentation, intellectual property concerns, limited legal remedies for backers, and enforcement challenges, particularly in cross-border campaigns. Data privacy issues, unclear taxation policies, platform liability disclaimers, and insufficient consumer protections further complicate the landscape. These issues underscore the need for clearer regulations, transparent contracts, and better legal safeguards for all stakeholders. In conclusion, crowdfunding has revolutionized the way individuals and businesses raise capital, but it is not without significant legal challenges. Ambiguities in contractual obligations, regulatory inconsistencies, and risks such as fraud, intellectual property theft, and data privacy breaches create vulnerabilities for fundraisers, backers, and platforms. Limited legal remedies and enforcement difficulties, especially in cross-border campaigns, further complicate the situation.350 views -
Beyond Section 304A: Redefining Criminal Liability for Environmental Negligence
Student at Chandigarh University, Punjab, IndiaPages 1221 - 1241Amid the surge of development, India’s fragile ecosystems are suffering destruction at the hands of unbridled urbanisation, indiscriminate infrastructure work and corporate indifference. From the sinking town of Joshimath to the Drakos-like threats posed by the Tehri Dam, the perils of transgressing the limits that nature sets are not distant prophecies — they are lived catastrophes. This paper looks at the legal and moral failures that allows for such tragedies to happen, and the loopholes in India’s legal structure that allow for developers, corporations and the state to escape genuine accountability. The issue is vexed at the core of Section 304A of the Indian Penal Code (IPC), a provision intended to punish those whose negligent actions result in a death. Through case laws, this study signals the pressing need to redraw the perimeter of criminal negligence to cover disasters environmental or infrastructural in nature. It argues for a radical rethink of the notion of sustainable development in India. The only way out of this is through very strict laws holding corporations accountable and through amendments to existing laws which require holding responsible corporations accountable to climate-sensitive areas, and to changing the nature of Environmental Impact Assessments from an assessment of environmental loss to preventing it. Drawing on international best practices— from the UK’s Corporate Manslaughter Act to Japan’s climate-sensitive urban planning — it lays out a roadmap for India to make sure that progress occurs in tandem with the planet’s well-being. This is not just a legal debate; it’s a call to action. As climate disasters accelerate in scale and severity, this country cannot afford the luxury of negligence anymore, and it must decide: Does it wish to continue down the road of negligence, or will it embrace a future that connects development and sound environmental management?380 views -
Federalism, Democracy and Human Rights: A Fresh Look at the Constitution of India
Research Scholar at Department of Law, University of North Bengal, IndiaPages 1242 - 1250In India, colonial history plays a significant role in the drafting of the constitution. This appears to be true for federalism as well. India although is a torch bearer of federalism in south Asia, however, the Indian constitution itself presents a weak federalism. This could be traced in the colonial past of the state. The freedom fighters have always asserted that individual rights are more significant than group rights. Hence, right of self-determination shall prevail over human rights. It was essential to counter Churchill's idea of human rights over India's freedom. However, this idea continues in post-colonial states as well and can be found in Indian federalism. The Indian union is quite cautious over the power it gives to the state and leaves no opportunity to limit those powers. It leads to violation of human rights and democracy. The states power is so restricted that they cannot even adopt rules and principles of international law which may enhance the dignity and human rights of the individual. The union runs the territory of India. Therefore, it may be possible that on occasions it might not be suited to decide complex scenarios faced by a small part of territory. In this paper the author will try to understand how historical events impacted the development of federalism in India and how limited federalism in India restricts the application of power of state to incorporate international human standards. The author shall also make a of federalism in India and America and also analyse how a state and local governments in America can make local law to include international human standards simply by enacting legislation reflecting these norms.300 views -
Pages 1251 - 1262Intellectual property rights give its authors and creators uninterrupted power for beneficial utilization and economic prosperity. Ownership leads to many rights in such work, which, after statutory recognition, protects its interest over such object and creation. Intellectual work appreciation promotes the nation's economic growth and the development of science and technology. Protection of the creator's work and the fruit of his mental labour are essential. It is also required to effectively provide a way for constructive use of that work by the masses up to an extent without infringing the rights of an author and creator. Fair use or fair dealing is provided in almost every dimension of intellectual property rights, allowing its use in good faith by the stakeholders in many circumstances. Protection of creations and work in intellectual property provides a duration under which its uses belong to its author and creator. It also provides some general rights for its fair use or dealing by others. This paper attempts to analyse different dimensions of fair use in intellectual property with a comparative analysis of national and international legal regimes and examine them for available means of its prospective use without any infringement.490 views
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Leasehold Reform in the Modern Era: Examining Tenant Rights and Security of Tenure in India
Student at Amity Law School, Amity University, IndiaPages 1263 - 1267In India, the leasehold system, which grants tenants temporary use of land or property for a fixed period, has come under increasing scrutiny as urbanization and housing demands intensify. The system often leaves tenants vulnerable to unfair eviction and exploitation, raising concerns about their rights and security. Public movements and political pressures have sparked debates on leasehold reform, focusing on the need for better tenant protection and addressing the system's inequities. This paper examines these calls for reform, explores political responses, and compares India's leasehold system with international practices, particularly the freehold systems in other countries. It also discusses potential paths for reform to enhance tenant rights and security in India.383 views -
From Death to Dialogue: Integrating a Restorative Approach to Indian Rape Laws
LLM Student at The Indian Law Institute, Delhi, India.Pages 1268 - 1291In the wake of the recent incident of rape that happened at the RG Kar Medical College and Hospital, it is important to once again analyse the efficacy of the current rape legislations in India. It is undoubtedly true that steps have been taken time and again by the legislature to increase the punishment of rape and to widen the ambit of what constitutes rape. However, it is not clear as to whether such amendments in the current laws have led to any significant difference as the country continues to grapple with the issue. The present paper would therefore analyse the efficacy of the current legal framework that addresses the menace of rape in the country, analysing key metrics such as the crime-rate, the conviction-rate and the pendency- percentage. This shall be done to shed light on the efficacy of the current legislations and to point out their limitations and shortcomings. Secondly, the paper will evaluate the potential of restorative justice approach to overcome the limitations of the current system. For this, insights from the countries like New Zealand and Australia shall be drawn as they have already tested the implementation of restorative justice approach under their penal framework dealing with sexual offences. Thirdly, the study aims at suggesting integration framework for restorative and convention system. The paper shall test whether the current punitive system and the restorative justice approach may be bridged under the Indian legal framework to develop a more comprehensive and effective legal system that addresses both victim-participation and offender-accountability.372 views -
Superimposition of Endogamy through Excommunication: Socio-Legal Implications
Advocate at High Court of Kerala, IndiaPages 1292 - 1308Social groups or communities all over the world maintain their homogeneity through the practice of endogamy, i.e.by marrying within a social unit. Superimposition of endogamy often vitiate the factor of free consent needed in a valid marriage. Another consequence of endogamy is one which affects the society as such; it is an effective tool for the survival of the caste system in India. The practice of endogamy is also linked with the traditions that controlled the sexual rights of women such as sati, child marriages prohibition of widow remarriage etc, which were observed to maintain the purity of blood line. Marriages are more or less choosing the mate and force marriages are thus an intervention to one’s sexual rights. Endogamous marriages don’t take into account the sexual orientation of the group members and often narrow down marriage as a process to reproduce off springs and safeguard the lineage. A violation of the rule of endogamy is often punished with excommunication. The practice of ex-communication is the adjudication of social death of an individual. Superimposition of endogamy through excommunication has serious social and legal impacts. Enforcing endogamy through excommunication vitiates the anti-exclusion principles envisaged under Articles 14, 17, 19, 21, 25 and 26 of the constitution. The case to determine the constitutionality of excommunication is pending before the Hon’ble Supreme Court of India.582 views -
Legal Hurdles in Drug Crime Control: Challenges for Law Enforcement in India
Research Scholar at University of Lucknow, IndiaPages 1309 - 1319Drug-related crimes are a significant challenge faced by law enforcement agencies in India, affecting public health, national security, and socio-economic stability. Under the provisions of the Narcotic Drugs and Psychotropic Substances Act,1985, we are practically and together able to combat drug trafficking, possession, and abuse. Yet, its implementation is frequently thwarted by procedural complications, investigative constraints, delayed judicial proceedings and insufficient inter-agency collaboration. Moreover, the proliferation of digital drug trafficking, cryptocurrencies, darknet markets, and cross-border smuggling networks have increasingly complicated enforcement's ability to effectively halt the illegal drug trade. Notwithstanding this, India is building up a considerable momentum to buttress its anti-narcotics enforcement structures. The article studies how law enforcement agencies are involved in controlling drug-related crimes in India, elaborating on the legal, operational, and systemic challenges that limit their effective implementation. It highlights the need for legal reforms for simplifying procedural requirements, removing delays in prosecution, and stronger provisions for dealing with cyber-enabled drug crimes. It highlights the significance of capacity-building initiatives, such as specialized training for law enforcement personnel, improved forensic capabilities, and increased cooperation between police, customs, and intelligence services. Using artificial intelligence, big data analytics, and digital tracking technologies could also revolutionize intelligence gathering and crime prevention. Enforcement alone will not solve the scourge of drug abuse, a multi-faceted approach, including public education campaigns, harm reduction measures and rehabilitation programmes to tackle the drivers of drug use will be needed. The article mentions that to dismantle the drug networks and reduce narcotics-related crimes, there should be swift and effective collaboration between law enforcement, the judiciary, international agencies, and civil society. Other vital steps include strengthening interstate and international cooperation, expediting NDPS cases through special courts, and a centralized criminal database.690 views -
Populism and Identity Politics in India: Strategies, Impacts, and Implications
LLM student at National Law School of India University, Bengaluru, IndiaPages 1320 - 1330Populism and identity politics have been defining forces in Indian democracy, shaping political narratives, electoral strategies, and governance frameworks. This paper explores the intersection of populist rhetoric and identity-based mobilization, focusing on caste, religion, regionalism, and economic stratification as key determinants in Indian politics. Historically, identity-driven populism has been a powerful tool for mass mobilization, beginning with anti-colonial movements and evolving into a dominant political strategy in independent India. Leaders such as Mahatma Gandhi, B.R. Ambedkar, Kanshi Ram, and Narendra Modi have leveraged identity politics to build political coalitions and challenge established elites, often framing their leadership as a response to the grievances of marginalized communities. Through an analysis of political movements such as the Dravidian movement, Mandal Commission-driven caste politics, Hindutva nationalism, and welfare-based economic populism, this study examines how identity-driven populism has simultaneously democratized political participation and exacerbated social divisions. While caste-based and regional populism have enhanced representation for historically excluded communities, majoritarian populism—particularly religious nationalism—has contributed to communal polarization, weakening India's secular fabric. Additionally, the study highlights the impact of populist politics on democratic institutions, arguing that anti-elitist and emotionally charged narratives often delegitimize constitutional principles, undermine institutional checks and balances, and deepen electoral fragmentation. This paper contends that while populism and identity politics have given voice to marginalized communities, their strategic exploitation by political actors has intensified social tensions, weakened national cohesion, and led to governance challenges. The study underscores the need for a balanced approach that promotes inclusive political participation while safeguarding democratic norms, pluralism, and institutional integrity.1,039 views -
Rise of Non-Performing Assets: A Critical Analysis and Sustainable Growth in India
LL.M. Student at KIIT School of Law, IndiaPages 1331 - 1347The banking sector is the backbone of the Indian economy since it performs a variety of services that directly and indirectly contribute to the country's growth and development. The banking industry is vital to India's financial system. One of the primary duties of a bank is to make loans to individuals, businesses, governments, and non-governmental organisations. When these individuals or corporations fail to return their loans, it is a big problem for the bank. As it will have an impact on other financial functions and mechanisms in banks. Debt financing is a form of asset for Indian banks. When this asset fails to provide revenue, it becomes a non-performing asset (NPA). NPA can reduce a bank’s financial stability and profitability. Indian banks mainly focus to provide lending to the priority sector and non-priority sector. The Indian debt finance environment is dynamic and prone to continual development. The Indian Finance Ministry unveiled a number of strategic proposals within the framework of the 2022–2023 Union Budget to encourage increased private sector investments, bolster credit accessibility for emerging industries like digital infrastructure and green energy, and increasing credit assistance for micro, small, and medium-sized enterprises (MSME). Nevertheless, persistent barriers impeding the efficiency of the loan cycle encompass unnoticed leakages, subpar returns, and prolonged recuperation periods. Notably, despite stringent oversight and internal processes, financial institutions—both public and private sector banks—face the challenging problem of non-performing assets (NPAs). To offer policy recommendations for NPL management and mitigation that are both successful and efficient, a full understanding of the non-performing loan status in financial institutions is required. This research paper's main objective is to review a variety of journals, news items, and reports in order to evaluate the impact and results on the Indian economy. This study conducts a detailed investigation of the main causes of the non-performing loan (NPL) problem in India, emphasising its seriousness. The first step in managing non-performing assets (NPAs) is to proactively identify and carefully categorise loans that are in trouble. Financial institutions utilise a wide range of risk assessment techniques, such as stress testing and credit scoring models, to determine whether loans are at danger of default. Examine the legal processes for managing non-performing loans (NPLs), encompassing methods for collection and settlement. Examine the efficacy of various strategies for handling troubled loans. Subsequently, specific techniques are employed to address non-performing loans. These methods may involve restructuring, recovery, or liquidation procedures. These procedures are through SARFAESI ACT and RDBFI ACT.520 views -
An Analysis on Anti-Competitive Agreements in India
Student at University of Petroleum and Energy Studies, Dehradun, Uttrakhand, IndiaPages 1348 - 1357The Competition Act, 2002, came in existence with the motive to prevent practices detrimental to competition, promote competition, protect interest of consumers, and ensure free trade. The previous Monopolies and Restrictive Trade Practices Act (MRTP) became outdated and needed to be replaced. The 2002 Act aims to regulate practices that harm competition and replace the MRTP Act. The focus of this paper is on Anti-Competitive Agreements, which are agreements that negatively affect market competition, such as price-fixing, market allocation etc. Section 3 of the competition Act prohibits such kind of agreements and declares them as void. It also states provisions for horizontal anti-competitive agreements and vertical anti competitive agreements. There are some limited exemptions, such as for intellectual property holders. The primary goal of these provisions is to promote healthy competition, benefit consumers and contribute to public welfare.607 views -
Pages 1358 - 1370Over the years, Indian government has made important steps toward identifying the rights of transgender people, particularly with the Transgender Persons (Protection of Rights) Act, 2019, which seeks to make sure equality and safeguard against discriminations. Although, the execution of the law and the effectiveness of other policies remain mixed. This research paper tried to explore the legal system related to transgender rights in India, focusing on the Nalsa Judgment (2014), which identified transgender people as a third gender, and the 2019 Act. It also examines the issues of access to education, health care, employment, and social security, and the gaps in public awareness and social attitudes. In spite of legislative advancements, problems like stigma, economic marginalization, and limited representation continue to persist. This study further examines into the role of government programs, NGOs, and civil society in supporting the transgender people, and provides a significant evaluation of whether current policies are enough in promoting true social integration and dignity for transgender individuals. Through this assessment, the study seeks to emphasize both the growth and limitations of India’s policies in fostering an inclusive environment for transgender people.496 views
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The rapid growth of digital technologies has reshaped the landscape of individual privacy and national security, with profound implications for the growing role of state surveillance in the name of cybersecurity. Governments around the globe have introduced far-reaching measures for surveillance in the name of countering cyber attacks, terrorism, and organized crime. But these measures usually take a toll on digital rights, especially the freedom of expression and the right to privacy. This report examines the intricate interaction between national security demands and the rights of individuals to privacy, reviewing how surveillance schemes, governing legislation, and new technologies affect the balance. It considers judicial attitudes towards surveillance, bringing out cases and legal issues that have established the parameters of privacy safeguards. Moreover, the paper assesses the influence of artificial intelligence, big data analytics, facial recognition, and the Internet of Things (IoT) on state surveillance, posing ethical and legal concerns regarding mass data collection and algorithmic decision-making. Case studies across different nations demonstrate the degree to which governments use cybersecurity issues to justify invasive monitoring, frequently with minimal oversight and accountability. While national security is a valid concern, the unregulated growth of state surveillance is a serious threat to democratic values and basic human rights. The research highlights the imperative for enhanced legal protections, independent monitoring bodies, and public education to guarantee that cybersecurity efforts are not used as a cover for mass surveillance. The research adds to the current discourse regarding digital rights and security, calling for the delicate balance between ensuring national interests and preserving individual rights in the digital world.483 views
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The juvenile justice system in India has evolved to strike a delicate balance between rehabilitation and punishment, reflecting the country's commitment to protecting the rights of minors while addressing the gravity of juvenile offenses. The Juvenile Justice (Care and Protection of Children) Act, 2015, represents a significant shift in India’s approach toward juvenile offenders by introducing provisions for both rehabilitation and punitive measures. This law distinguishes between minors below 16 years and those aged 16 to 18, allowing for the trial of the latter as adults in cases of heinous crimes. The shift was influenced by public outrage over high-profile cases, highlighting the need to strengthen the legal framework while ensuring that minors are not subjected to unjust punishment. The judiciary has played a crucial role in interpreting these laws, emphasizing the need to protect the best interests of the child while acknowledging the severity of certain crimes. Courts have reinforced the importance of restorative justice and reformative measures, including counseling, vocational training, and reintegration into society, to prevent recidivism. However, the tension between rehabilitation and punishment remains a subject of legal and social debate, with critics arguing that treating minors as adults undermines the very principle of juvenile justice. The paper examines key judicial pronouncements, legislative amendments, and their impact on the juvenile justice framework. It also explores how the judiciary has attempted to create a balanced approach by considering the psychological maturity, social background, and nature of the offense while determining appropriate legal measures. The analysis highlights the need for a more consistent and sensitive approach to juvenile justice, ensuring that the system effectively rehabilitates young offenders without compromising the principles of fairness and justice.1,018 views
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This paper explores the role of international human rights law in protecting marginalized communities in India, focusing on the country’s obligations under international treaties and the challenges it faces in effectively implementing human rights protections. India, as a signatory to numerous international human rights instruments, is bound to uphold the rights of its vulnerable populations, including Dalits, women, indigenous communities, and religious minorities. However, the paper highlights significant gaps in the enforcement of these rights, such as institutional inefficiencies, inadequate resources, political resistance, and persistent social discrimination. The paper examines the constitutional provisions, key domestic laws, and the role of national human rights institutions in safeguarding the rights of marginalized groups. Despite the existence of legal frameworks, implementation remains inconsistent, especially in rural and remote areas where caste-based violence, gender discrimination, and other forms of exclusion are prevalent. The paper also proposes several measures to strengthen the enforcement of human rights, including enhancing institutional capacity, improving legal aid and awareness programs, addressing social resistance, and ensuring greater political accountability. By examining these factors, the paper argues that while India has made progress in human rights protection, a more comprehensive and inclusive approach is needed to ensure that marginalized communities are fully protected under international human rights law.765 views
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Redefining Merger Control in India: The Impact of the Deal Value Threshold in the 2023 Competition Reforms
Student at Christ (Deemed to be University), Pune, Lavasa Campus, IndiaPages 1431 - 1444The Competition (Amendment) Act, 2023, introduces significant changes to India's competition law framework, signaling a new era for merger and acquisition (M&A) regulation. These amendments, particularly concerning the legislative framework for combinations, are expected to expand the Competition Commission of India's (CCI) role while potentially increasing transaction costs for parties involved. Aimed at balancing competition, innovation, and market concentration, these changes reflect an evolving approach to merger control in India. This paper examines the implications of the Amendment Act on India's competition framework, with a focus on the newly introduced deal value threshold (DVT) in the notifiability assessment. The DVT enables the CCI to consider the broader economic impact of mergers, including non-price factors that may influence competition. However, practical challenges remain, particularly regarding the effective implementation of DVT and the added administrative burden on the CCI. Through a multi-jurisdictional analysis, this paper compares India's amended approach with global antitrust standards, highlighting where it aligns and diverges from international norms. By examining recent CCI decisions and the provisions of the Draft Regulations on Combinations, 2023, this paper identifies existing ambiguities within the merger control regime and offers targeted recommendations to enhance the effectiveness of DVT. These suggestions aim to align India’s competition law with the unique needs of its market while incorporating best practices from international antitrust frameworks to foster fair competition and support ease of business.682 views -
Balancing Justice and Rights: Protecting Juvenile in the Criminal Justice System
Research Scholar at Department of Law Central University of Haryana, Haryana, IndiaPages 1445 - 1456Juvenile delinquency refers to illegal or antisocial behaviour committed by a person under the age of 18. It includes a wide range of activities, from minor offenses to more serious crimes such as theft, assault, or drug-related activities. The major causes of juvenile delinquency are family issues and neglect by the family members, peer influence or belonging to a group of such person, poverty and lack of education as well as poor mental health of the person also leads to such activity. The paper deals with the child delinquency, causes and prevention of juvenile delinquency. “The Juvenile Justice (Care and Protection of Children) Act, 2015” and its aspects which protect the juvenile and bring reformation have been dealt with. The paper further deals with the legal framework with respect to child delinquency. The provisions under “Bharatiya Nyaya Sanhita, 2023”; “Constitution of India”; “The Juvenile Justice (Care and Protection of Children) Act, 2015” and “The Juvenile Justice (Care and Protection of Children) Amendment Act, 2021” have been discussed. It further discussed the role played by judiciary and criminal justice system in giving effect to “The Juvenile Justice (Care and Protection of Children) Act, 2015”. The shortcomings of the said Act as well as the international concern for juvenile justice have been dealt with. Juvenile delinquency is a serious problem so measures have been taken and more reforms are needed to protect the rights of juvenile and bring them at par with the normal footing.17 views -
Pages 1457 - 1469Human rights are the basic and inalienable right of every human being, based on the values of dignity and self-respect. These rights are for all and no one will be discriminated against on the basis of religion, caste, colour, sex, gender, and race. Out of all of them, rapes is one of the most horrible crimes against women, and the law punishes it as well. But the issue of marital rape, created basically both in respect of married minors and in relation to adult women, has not been addressed substantively or via the procedural criminal law at all. Yet, sexual violence in marriage is disregarded in the name of marital duty, even as it is a serious breach of a woman’s basic right to equality, her physical autonomy and sense of dignity and self-esteem. The Supreme Court of India took a landmark step in upholding each girl's right to bodily integrity when, on October 11, 2017 , it ruled the exception for rape in cases of child marriage unconstitutional. It is a landmark win for human rights, but these same legal and dignity rights must also apply to adult married women who are sexual violence victims in marriage. This research paper aims to examine the criminalization of marital rape in India, focusing on the constitutional and human rights perspectives articulated in the 2017 Independent Thought case.413 views
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Pages 1470 - 1497The doctrine Speedy trial doctrine is a pillar of criminal jurisprudence that guarantees legal proceedings are made within a reasonable time to ensure fairness, due process, and judicial efficiency. Provided for in Sub-Clause (c) of Clause 3, Article 14 of the International Covenant on Civil and Political Rights (ICCPR), 1966, this doctrine seeks to prevent unwarranted delays, procedural abuse, and miscarriage of justice. Prolonged trials can lead to extended pre-trial detention, erosion of evidence, and undue hardship for the accused, ultimately undermining public confidence in the justice system. This paper undertakes a jurisprudential analysis of the doctrine of speedy trial in India and the United States, examining its constitutional underpinnings, legislative frameworks, and judicial interpretations. In India, the doctrine has been read into Article 21 of the Constitution, with landmark rulings such as Hussainara Khatoon v. State of Bihar (1979) and A.R. Antulay v. R.S. Nayak (1992) shaping its legal contours. However, systemic inefficiencies, case backlogs, and procedural delays remain persistent challenges. Conversely, the Sixth Amendment to the U.S. Constitution explicitly guarantees this doctrine, further reinforced by the Speedy Trial Act of 1974 and judicial precedents such as Barker v. Wingo (1972). Using a comparative legal methodology, this paper evaluates the effectiveness, challenges, and compliance of both jurisdictions with Article 14(3)(c) of the ICCPR. By identifying best practices and potential reforms, it underscores the need for judicial and legislative measures to enhance the enforcement and effectiveness of the doctrine, ensuring timely justice and procedural integrity.663 views
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Pages 1498 - 1521This paper aims to explore the legal nature of financial markets and highlight their importance in understanding the complexities of the essential components of the global economy. It also reviews the main legal principles, regulations, and institutions that shape the operation of these markets. In addition, he examines emerging challenges and trends in the legal landscape of the international and Indian financial markets. The findings of this research contribute to a deeper understanding of the legal nature of financial markets and provide insights into potential areas for future legal reforms. The results revealed that the legal principles governing financial markets form a robust financial system. Transparency, disclosure, fairness, efficiency, investor protection, and market integrity are basic pillars supporting financial markets' functioning.390 views
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Pages 1522 - 1534One of the basic purposes of the labor right building is the provision of a minimum standard of living to the workers and to set them free from exploitation and inequality, and to shine light on social justice. Both shielding workers from the excessive exploitation and sharing with them the national wealth and social activities are the two equally important elements in the role of these mechanisms. The constitution of India ensures the safeguarding of labor rights through a two-tiered system constituted of the Fundamental Rights and Directive Principles of the State. The establishment of labour rights is a means of enhancing the dignity and well-being of all the acts of cooperation of the worker population and hence their inclusion in the social scheme of justice. Additionally these rights shelter the workers from exploitation and help them to be equally involved in the economic activities of the communities. The two forms of worker protection, which are the enforceable Fundamental Rights, and the non-binding State Policy Directions, were established in the constitution which has influenced labor laws and industrial relations tremendously. The main discussion of this article is the constitutional tenets dealing with labour rights and their direct and indirect impacts on industrial relations through collective bargaining, dispute settlement, and others. The main focus of the paper is on the dynamic concept of labour rights and the way they are regulated under globalization. The legislative coverage of informal employment as shown through a lack of regulation of labor laws, weakening of trade unions as well as non-implementation of labor laws is the last issue being examined in this text. The paper also presents measures on a neutral, constitutionally based position on industrial relations with a primary concern on the welfare of the worker and the growth of the economy.774 views
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In contemporary criminal investigations, technology has become essential. The application of data analysis, forensics, artificial intelligence (AI), and surveillance has profoundly altered law enforcement operations. This has resulted in investigations becoming more efficient, accurate, and expedient. This essay will examine various technical advancements, their applications, and the obstacles they provide to contemporary criminal investigations. Technology has fundamentally altered the processes of evidence collection, evaluation, and presentation in criminal investigations. Contemporary techniques and apparatus have significantly enhanced the efficacy and rapidity with which law enforcement agencies can investigate offenses and apprehend offenders. Technological innovations have significantly influenced the field of criminal investigation. One example of technology's impact on society is the utilization of digital evidence in legal procedures. As the digital era progresses, criminals are increasingly perpetrating offenses via technology and digital platforms. This has unleashed a multitude of digital evidence that law enforcement authorities may utilize in their quest to apprehend offenders. Digital evidence resides in data recorded on computers, smartphones, social media platforms, and various electronic gadgets. Rakesh Kumar v. State of Haryana (2020) The court affirmed the criteria for the admissibility of electronic evidence obtained through phone tapping and monitoring during its assessment of such evidence. Conversation logs, geolocation data, and bank transactions constitute this evidence, which aids police in constructing an incident timeline and identifying suspects.711 views
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Pages 1549 - 1561To mitigate the encumbrance of the proliferating legal statutes and to resolve public ambiguity, Justices N. Kumar and G. Narendar are advocating for the 2005 Repealing and Amending Act, which aims to eradicate obsolete provisions and superfluous Acts from the legal framework. Indian legislators revised and formalized the statutes governing intestate succession for Hindus, Buddhists, Jains, and Sikhs with the enactment of the Hindu Succession Act in 1956. The Act establishes a standard and comprehensive structure for succession and inheritance. The Act abolishes the limitation on Hindu women's property rights. In Hinduism, a woman's wealth is seen as her own asset, granting her full control over its administration and allocation. This Act applies to all Hindus, Buddhists, Jains, and Sikhs. This Act pertains to all children, whether legitimate or illegitimate, whose parents adhere to Sikhism, Buddhism, Jainism, or Hinduism. Individuals of Jewish, Parsi, Cheista, or Muslim faith are excluded. According to Clause (25) of Article 366 of the Indian Constitution, this Act is inapplicable to members of any scheduled tribe until the Central Government issues a contrary directive in a notification published in the official gazette.908 views
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Challenges and Reforms in the Indian Collegium System: An In-Depth Analysis
Student at Christ (Deemed to be University), Lavasa, Pune, IndiaPages 1562 - 1568The Indian collegium system of appointing and transferring judges in the higher judiciary has been analyzed and debated due to the inherent problems and challenges it raises. This study will examine the challenges and problems with the collegium system and it will provide insight into the historical background of the collegium and diverse perspectives of stakeholders in the legal community. This study identifies serious problems and challenges, from transparency and accountability to judicial independence. It delves into different perspectives of stakeholders to better illustrate and describe the complexities facing the collegium and judges in the Indian legal system.464 views -
Criminal Law and Environmental Crimes: Between Deficient Legislation and Lapses in Enforcement – A Comparative Analysis
Faculty of Law at Department of Law, Middle East University, Amman, JordanPages 1569 - 1579The criminal culpability structure related to environmental violations is the main emphasis of this paper. This is attained by carefully examining the approaches three countries—Jordan, Egypt, and the advanced model of France—in use to solve the problem. It suggests that even if Arab countries' environmental laws include punitive penalties, their provisions lack clarity and efficient application. It also investigates the elements causing environmental law non-Arab countries to be inefficient, attributing this shortfall to the absence of specialized tribunals deciding environmental conflicts and the lack of laws defining the purposes of legal organizations. To arrive at its conclusions, the study uses comparative and analytical approaches in addition to content analysis of legislation and court rulings including Jordan's Environmental Protection Law No. 6 of 2017, Egypt's Environmental Law No. 4 of 1994, pertinent portions of the French Penal Code, and international treaties including the Basel Convention. The results show that tackling environmental crimes inside criminal law calls for a coherent institutional framework, specialized evidentiary tools, and a court competent in such areas rather than only legislative rules. Several helpful recommendations for upgrading our laws and efficiently applying criminal environmental liability are made at the end of the study. This will discourage people from acting negatively and protect natural resources so that they may be enjoyed by other generations.427 views -
Pages 1580 - 1611The Information Technology (IT) is the fastest growing scientific and technological development in the world. The rise of IT sector is arguably one of the advancements in human history till date. The rising of the internet and subsequent technological developments have undeniably brought advantages to society at large. The internet’s unrestricted and open nature facilitates the sharing of an array of information across borders without any hindrance; however, it also serves as a breeding ground, for activities. With the emergence of transactions, there comes a need for the law to evolve and address legal issues arising in our rapidly changing society due to, technological advancements affecting legal norms. As the transactions accomplished through electronic means have created new legal issues the law naturally has to keep pace with the needs of changing society. The rapid technological advancements clearly threaten to leave the law behind . However, law as the regulator of Human behaviour is trying to catch up with the cyber space and trying to cope with its manifold challenges . In recent years, more attention has been dragged towards the consequences of child cyber abuse, especially the adolescent and adult abusive behaviour of the victim. Undoubtedly, the phenomena of child physical or mental abuse inculcate various legal and human right’s issues. This study will focus on those issues and it will also elaborate the various categories of child abuse and neglect.481 views
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Mapping Critically Role of Public Prosecutor in Criminal Justice Administration
LLM Student at Indian Law Institute, IndiaPages 1612 - 1625Public Prosecutors play a very significant role in every criminal justice system. Almost all the well-organized societies have the system of public prosecution so as to prosecute the offenders who violate the existing norms of the society. In every criminal trial, the public prosecutors are bestowed with the duty to represent the prosecution side. In a way, the office of public prosecutor also represents the collective will of the society. The article discusses the role of the public prosecutor in detail. Firstly the article seeks to examine the legal framework which relates to the office of public prosecutor. Furthermore the article then delves into examining the nature of office of the public prosecutor. It also deals with the appointment of the public prosecutor and how it is affected by political interference. Lastly the article closely analyses the role of public prosecutor at various stages of the proceedings like initiation of criminal proceedings, investigation and trial stage and withdrawal of prosecution.569 views -
Federalism in the Balance: Legislative Autonomy and Constitutional Conflicts in Indian Land Governance
Assistant Professor at SRM School of Law, SRMIST, IndiaPages 1626 - 1635Land acquisition in India represents an important intersection of federalism, development needs, and property rights. The complex constitutional framework on center-state relations establishes various opportunities and challenges for land governance. This research will examine the ability of state legislative autonomy on federalism in India and recent changes to land acquisition legislation in Maharashtra and Tamil Nadu, identifying prominent tensions between development needs and constitutional protections.288 views -
Pages 1636 - 1651The intersection of global internet, censorship, and cybersecurity presents a complex puzzle at the center of the digital age. It is an uneasy equilibrium between maintaining national security and honoring the treasured tradition of free speech. Censorship is portrayed as a necessary factor, being the country's attempt at defining the boundaries of allowable discussion during an age of unchecked information flow. It takes the form of an umbrella for all manner of techniques, from filtering of content to regulation of online media. To counter the growing number of cyber threats, cybersecurity—a crucial pillar in this story—rises to the challenge. With ransomware and advanced persistent threats, the task is more daunting than ever. With AI, quantum computing, and other emerging technologies making the virtual world more mature by the minute, the task is getting larger. Deepfakes and media synthesized with generative model’s usher in new threats of deception and misdirection, while the proliferation of IoT creates new surfaces on which to mount the attack. This rapidly moving scenario demands collective, multidisciplinary action across policymakers, technologists, ethicists, attorneys, and citizens at large. This paper presenting recommendations and observations to join the debate regarding the issue of harmonizing national security and freedom of expression in the age of the internet. Through mutual, reflective dialogue, communities can chart a course that supports basic rights without compromising the safety and security of the virtual world.555 views
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Patentability of Biotechnological Inventions should not have to Consider Morality and Ordre Public: A Critical Analysis on the European Patent Laws
Advocate at Bar Council of Tamil Nadu & Puducherry, IndiaPages 1652 - 1661This paper critically analyses the patentability of biotechnological inventions within the context of European Patent Law, focusing the tension between technological innovation and moral considerations. While biotechnological inventions have led to significant advancements, particularly in healthcare, the legal framework governing these inventions, specifically the European Patent Convention (EPC), incorporates moral and public order exceptions that can limit patentability. The paper examines how these exceptions, particularly under Article 53 of EPC, have been applied to inventions involving genetic modifications, human embryos, and transgenic organisms. It argues that the current interpretation of these exceptions was often guided by ethical concerns rooted in European Cultural values that has led to inconsistencies and a restrictive patent system that could stifle innovation. The paper reviews landmark cases, such as those involving genetically modified organisms and human germline editing, to highlight how the application of morality and public order principles has evolved. The analysis suggests that while moral and public order considerations are crucial in patent law, a more flexible and case-specific approach would better balance ethical concerns with the need for technological progress. Furthermore, the paper critiques the imbalance created by these restrictions, particularly how they may hinder access to life-saving biotechnologies. In conclusion, the paper advocates for a more adaptable legal framework that aligns patentability criteria with the rapid pace of scientific advancement, ensuring that biotechnological inventions can be both ethically developed and widely accessible.370 views -
An Analysis of OECD’s Role in Global Digital Tax Standards
Assistant Professor at Dr. Ambedkar Global Law Institute, Tirupati, Andhra Pradesh, IndiaPages 1662 - 1687Traditional tax structures face difficulties from global economic digitalisation. The OECD has shaped worldwide tax policy, notably digital taxes. This document discusses the OECD's Base Erosion and Profit Shifting (BEPS) framework and Two-Pillar Solution to set fair and effective digital tax rules. The research shows how these metrics affect multinational firms, national tax policy, and the global economy. We also explore the long-term impact of these tax policies on investment decisions, tax collections, and economic equality among nations. It discusses implementation issues such compliance difficulties, tax haven opposition, and administrative complications in developed and developing nations. The study also examines how regional tax regulations affect the OECD's digital tax initiatives and how blockchain and AI might ensure tax compliance and transparency. This paper examines OECD policies and their worldwide impact on international taxes in the digital era. Destination-based cash flow taxes and digital transaction levies are also examined to see whether they can combat tax evasion. It also examines digital tax policies' geopolitical effects on international trade and the possibility for unilateral tax measures to cause diplomatic problems. Our study examines the socioeconomic effects of digital taxes on consumer pricing, corporate innovation, and digital market competition. The article provides a comprehensive view of global digital tax policy challenges by examining the views of governments, multinational corporations, small firms, and consumers. This study shows that international collaboration is needed to adapt tax legislation to the digital economy while preserving economic sustainability and justice by analysing worldwide taxation patterns.370 views -
Sustainable Development and the Environmental Rule of Law: A Human Rights Approach to Sustainable Sand Governance in the International Regime
Research Scholar at School of Indian Legal Thought, MG University, IndiaPages 1688 - 1696Living in a rights based legal system encounters the essentiality of sustainable development as its core. Thus, sustainability and human rights makes sides of the same coin. In the era of endangered ecosystems, sustainable development aims strike a balance between human economic interests and ecological protection. This balance is crucial because environmental harm would intrude human prosperity. Good governance always emphasises rule of law and therefore environmental rule of law is a want as well as need of today’s world. Effective legal mandates are necessary for good environmental governance. In the International as well as the national perspectives, States always have the obligation to ensure healthy environment. But while specifically addressing issues such as sand mining, it must be underlined that despite its transboundary impacts, it is not discussed as a serious one as other environmental concerns. Sand management and mining activities has always posed unanswered questions of control mechanisms, particularly within the international regime. This paper aims to focus on the relation between human rights and sustainable development, specifically highlighting environmental rule of law. It addresses the issue of sand extraction, its management and legal control mechanism and its lacunas in the international regime.360 views -
An Analysis on the Recent Legal Trends and Regulatory Developments in India’s Life Insurance Sector
PG Scholar at Department of Business Law, School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 1697 - 1713The life insurance industry has evolved significantly, playing a crucial role in financial security and economic stability. Initially rooted in ancient risk-sharing practices, the sector has transformed into a regulated, competitive market. In India, life insurance has undergone various phases, from British-era establishments to post-independence nationalization and the privatization wave post-1999, which introduced technological advancements and market innovations. Despite its steady growth, the industry faces key challenges, including low insurance penetration, regulatory complexities, lack of consumer awareness, and technological adaptation. The entry of private players has increased competition, improving customer-centric services and product diversity. However, rural markets remain largely untapped, necessitating better outreach strategies and innovative financial solutions. The COVID-19 pandemic further highlighted the rising demand for health and life insurance, driving significant investments in insurance technology. Moving forward, the industry must embrace digital transformation, strengthen governance, and enhance financial literacy to expand coverage and ensure sustainable growth. Strategic policy reforms, targeted product development, and efficient customer service models will be key in maximizing the sector’s potential and boosting economic resilience.414 views -
An Analysis of Local Taxation as an Expression of the Financial Autonomy of Local Authorities in the Spirit of the Constitution in Cameroon
Quality Assurance and Accreditation Coordinator at The ICT University, CameroonPages 1714 - 1735Local authorities in Cameroon have an enormous task of acting as engines of development by taking a lead on all actions classified as local interest. The decentralisation process comes along with a transfer of competences from the State to local authorities and in executing these, the constitution has provided that they be freely administered and enjoy financial autonomy. In all this, the question raised is that in the light of the constitution, do local authorities actually enjoy real financial autonomy in Cameroon? Irrespective of the provisions of the constitution of Cameroon, unequivocally specifying the free administration local authorities and which embodies financial autonomy, local authorities have so far experienced a very relative financial autonomy. This situation is explained by the fact that local authorities enjoy a very limited decision-making power with strict control mechanisms exerted upon them as well as the fact that they do not have sufficient resources nor do they have a proper say on the allocation of said resources to expenditures. Considering the role financial autonomy has to play in promoting good governance and the supply of essential public goods, harnessing it becomes very important.333 views -
Fourth Geneva Convention
Student at Vivekananda Institute of Professional Studies, Delhi, IndiaPages 1736 - 1745The evolution of international humanitarian law (IHL) is more evident now because of the changing nature of armed conflicts and the increase in the number of threats against civilians. The objective of IHL of protecting the non-combatants, medical personnel, and humanitarian workers can be seen as rooted in the Geneva Conventions, especially in the Fourth Geneva Convention of 1949. The addition of various strategies such as asymmetric conflicts, technological advancements, etc, concerning warfare, has resulted in challenges against the implementation of IHL principles. The effectiveness of the same is often undermined due to violations like targeted attacks on civilians and the use of indiscriminate weapons etc. the historical development as well as the contemporary issues, or the requirement of strong enforcing mechanisms to promote the protection of civilians has been explored in this paper.368 views -
Pages 1746 - 1754In the dynamic and competitive tea retailing environment, data-driven decision-making is the must for businesses to be able to succeed. The objective of this research work is to analyze the purchase data related to Chai Waale, a leading tea retailer from India, by using one of the most powerful analytics tools in business, called Power BI. The interactive dashboards and reports of Power BI were used to analyze customers' purchase patterns, how items are performing, and how item descriptions influence purchase decisions of customers. Moreover, the research identifies focused marketing opportunities in customer segments to help Chai Waale better enhance customer satisfaction, optimize its inventory, and strategize growth. By converting raw data into actionable insights, Chai Waale will be able to gain an understanding of customer preferences and operational efficiency, hence enhancing its market position. The power of the data visualization technique in Power BI is a valuable tool used by Chai Waale to make decisions on time to create resilience and growth for its business.332 views
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This study examines the influence of artificial intelligence on local Search Engine Optimization (SEO) and its impact on enhancing customer satisfaction. With a rising focus on reaching out to the local audiences through various channels, business is now looking at AI based applications for the enhanced and localized SEO. This research explores how AI – driven local SEO practices, that include hyperlocal content, voice search optimization, and predictive analytics, contribute to improving user experience and satisfaction among local customers. Employing the review of scholarly articles, case investigation, and surveys with both consumers and digital marketing professionals, this research reveals the key features of AI that meet local consumers’ needs effectively by providing timely and relevant information to businesses. Additionally, this research evaluates the impact of these practices on customer satisfaction and the importance of personalised AI interventions in influencing the customers’ satisfaction in the different groups. This research also affirms the prospect of AI at implementing local SEO and reveals how incorporation of AI in business increases engagement, customer loyalty and satisfaction. Concluding with practical recommendations for marketers, the study emphasizes the value of AI-driven insights for building meaningful, localized customer relationships and to obtain profitable, clients enhanced satisfaction levels growth.345 views
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Constitutional Provisions of Doctrine of Separation of Power in India: Comparative Analysis with that of United States of America and United Kingdom
LLM Student at Reva University, Bengaluru, IndiaPages 1766 - 1773Constitution holds the foundational pillar of the entire legal system; a country stands upon. The various parliamentary tenets, both from individual states and the country as a whole need to follow the basic structure (essence) of its constitution. Constitutional law is thus can be referred to as the Mother of all laws in a particular country. In this article, the various relevant positions discussing separation of power within the constitution of India along with powers and functions shall be analysed. The comparative analysis on the doctrine of separation of power shall include India, United Kingdom and United states of America in their basic constitutional framework. Precisely, in India, there is no constitutional status of Separation of power. The Indian constitution portrays nothing in line with this doctrine, but envisions an overlapping nature of the three organs of the Government.409 views -
Pages 1774 - 1782This study examines this paper on how the integration of logistics systems is said to be one of the significant determinants in improving the efficiency of supply chain. Lee and Whang (2005) postulated that sharing information among all the levels across supply chains improves decision-making as well as visibility. Stock and Boyer, on the other hand, identify its part in operational efficiency, such as better inventory management and reduced lead times. Waller and Fawcett indicate the revolutionary role of digital technologies, including predictive analytics and big data, in building a more responsive, data-driven approach to logistics. Yildirim et al. demonstrate that integration leads to greater responsiveness and flexibility, critical for volatile demand industries. Therefore, alignment of logistics integration aligns stakeholders' strategic aims with an aim to optimize the flow of goods and services, as Christopher specifies. Coyle et al. (2016) focuses more on the adoption of advanced technologies such as IoT and real-time data analytics to enhance efficiency while Klaus et al. (2017) highlighted some technologies such as RFID and AI-driven platforms for quicker decision-making and resource optimization.509 views
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The Impact of AI on Copyright and Trademark Laws: A Legal Perspective
Student at Chandigarh University, IndiaPages 1783 - 1794The growing reliance on Artificial Intelligence (AI) tools for content generation and branding poses new risks to the intellectual property framework of India, especially with respect to copyright and trademark laws. The Copyright Act, 1957 initially caters to human authors and does not account for AI as a potential creator, while the Trade Marks Act, 1999 has to increasingly grapple with issues of AI-created branding and logo making. As AI design tools and content generators rise in prominence, the distinction between human and machine authorship is incredibly fuzzy. Further, AI's propensity to analyze data and independently create brands poses new questions with regard to originality, ownership, and even trademark clashes. The aim of this paper is to assess the situation in India with respect to the existing legal framework of copyright and trademarks, understand the challenges of AI, and suggest how the legal system can be modified to manage ownership issues, liability problems, and enforcement policies. India is one of the many nations that need to protect AI innovations while ensuring that there is sufficient legal coverage to mitigate the infringement of intellectual property rights.494 views -
Elements of Socialist Principles in the Indian Legal System
Advocate at High Court of New Delhi, IndiaPages 1795 - 1807The Indian legal system integrates socialist principles rooted in the Constitution, aiming to foster justice, equality, and social welfare. Socialism, as an ideology, emphasizes reducing disparities in wealth and opportunities through state intervention, public ownership, and welfare policies, prioritizing societal good over individual gain and striving to eliminate economic and social inequalities. These ideals are reflected in the Indian Constitution’s Preamble, which declares India a "socialist" republic, and the Directive Principles of State Policy (DPSP), which guide the state toward ensuring livelihoods, equitable resource distribution, and welfare measures. Fundamental Rights, such as equality and the abolition of untouchability, further align with socialist goals, while legislative enactments like land reforms, bank nationalization, and welfare laws exemplify efforts to redistribute wealth and uplift the marginalized. Judicial activism, particularly through Public Interest Litigation, has reinforced these principles by expanding rights to housing, education, and dignity. However, challenges such as economic disparities, bureaucratic inefficiency, corruption, and sociocultural barriers hinder full implementation. The future of socialist legislation in India hinges on addressing inequality, strengthening enforcement, enhancing public participation, and promoting cultural change to realize a just and equitable society as envisioned by the Constitution.827 views -
An Analysis of the Effectiveness of Crop Insurance Policies in India
Student at Christ (Deemed to be University), IndiaPages 1808 - 1822The development of crop insurance in India has been driven by historical agricultural background, from informal risk-sharing mechanisms to formalised advanced insurance schemes designed to cover farmers from financial losses caused by non-particular exposure, such as natural calamities, insects, and diseases. Of these risks, flagship programmes, the Pradhan Mantri Fasal Bima Yojana (PMFBY) and the Weather Based Crop Insurance Scheme (WBCIS) reduce the impacts of these risks by providing financial protection, bolstering the resilience and sustainability of agricultural livelihoods. Although there have been impressive developments, crop insurance measures in India continue to face several problems, including poor farmer awareness, poor risk perception, and a shortage of simplified mechanisms for dispute resolution. Moreover, the difficulties engendered by the historic changes and the private sector involvement have also provoked discussion about the level of transparency and participation among the players, worsened by the Covid-199 pandemic. Technological incorporation, regulatory modifications, and increased communication have been identified as essential segments for the growth and amelioration of [these] schemes. This paper deals with historical, legal and operational aspects of crop insurance in India, critically assessing existing shortcomings and recent advances, such as draft amendments to the PMFBY. With the development of the crop insurance model in India, it is essential to maintain an efficient working system among farmers, insurers, and the government in order to achieve agricultural sustainability and food security in a dynamic world.297 views -
The Evolution of Judicial Independence: Analyzing the Impact of the Magna Carta on Modern Legal Systems and Current Challenges to the Rule of Law
Student at Christ (Deemed to be University), IndiaPages 1823 - 1835This paper analyses the development of judicial independence, following its history through to the Magna Carta of 1215, and evaluates its influence on contemporary legal systems. The Magna Carta laid down fundamental principles of due process and reined in monarchical authority, significantly impacting the development of standard law systems worldwide. This paper examines how such precedents in the past have shaped contemporary legal frameworks of countries like the United States of America, Canada, Australia, and India and proves the age-old value of judicial independence in sustaining the rule of law. Political interference, corruption, and inadequate funding currently imperil the autonomy and impartiality of judiciaries across the globe. Through comparative assessment, the research compares various systems of law, deriving best practices and proposing what must be done to promote the independence of judiciaries, such as seeking to consolidate legal tools, increasing transparency in the judicial appointment process, fighting corruption, and allocating proper funding for judiciary institutions. Overall, this study highlights the crucial importance of judicial independence in upholding democratic values and providing equal and impartial justice to everyone.551 views -
The Legal Status of Kosovo under International Law: A Case Study on Self-Determination vs. Territorial Integrity
Student at Christ (Deemed to be University), IndiaPages 1836 - 1849This essay discusses the intricate legal status of Kosovo in international law, paying special attention to the conflict between the doctrines of self-determination and territorial integrity. The declaration of independence by Kosovo in 2008 precipitated an international discussion, and the legality of the declaration and its implications for international rules have been interpreted differently. The historical context of the dissolution of Yugoslavia and the UN administration is examined in this study to comprehend the peculiar situation of Kosovo's statehood. The study evaluates Kosovo's adherence to the conventional statehood criteria under the Montevideo Convention, such as permanent population, bounded territory, effective government, and ability to engage in relations with other states. The paper also examines the effect of Kosovo's recognition on international legal precedents, especially with regard to unilateral declarations of independence and the delicate balance between self-determination and territorial sovereignty. Through a thorough examination of international responses and legal views, including the ICJ's advisory opinion, the paper brings to the fore the continuing challenges and controversies surrounding Kosovo's legal status. The report concludes by noting the implications of Kosovo's case for future secessionist cases and the developing character of statehood in international law.762 views -
From Tragedy to Trend: Meme Culture, Content Creation, and the Legal Vacuum in India
Advocate at Barrackpore Sub-divisional Court, India.Pages 1850 - 1858Modern digital technologies enable the progressive disappearance of boundaries between entertaining people and exploiting their lives. Human experience has become abnormal thanks to two factors: the widespread development of memes and the pervasive practice of converting daily occurrences into social media content. A worrying practice has emerged that turns the 2025 Meerut murder case involving the brutal murder of a merchant navy officer into a viral meme after his remains were discovered in a blue drum. The article examines the trauma-commercialization activities of meme culture as it affects public awareness and ethical, legal aspects. A socio-legal investigation reveals that Indian laws fail to properly govern digital content so that digital public participants can protect their dignity.558 views -
Pages 1859 - 1878This research endeavours to elucidate the profound impact of human trafficking and begging on society. The scholars aim to highlight the severity of these issues, which pose a significant threat to our societal fabric. Furthermore, this study seeks to explore potential strategies for mitigating these problems, thereby fostering a safer and more equitable community. Human trafficking is widely regarded as a pervasive and pressing concern, disproportionately affecting vulnerable populations, including children, women, and marginalized groups. The exploitation and abuse inflicted upon these individuals, often based on their gender, are alarming manifestations of this issue. While various forms of oppression persist in our society, human trafficking and begging constitute particularly egregious problems that necessitate urgent attention and action. Human trafficking represents a pervasive and pernicious phenomenon, warranting concerted global attention. A report by the United Nations reveals that roughly 40 million people are entrapped in human trafficking, with women and children disproportionately affected. This egregious violation of human rights has deleterious consequences for socioeconomic development, underscoring the imperative for collective action to combat this scourge. he Constitution of India categorizes human trafficking as a criminal offense, complemented by legislative provisions. The Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 stipulates punitive measures for this crime. As per the Indian Penal Code, 1860, human trafficking encompasses the recruitment, transportation, harbouring, transfer, or receipt of persons through coercive means for exploitative purposes. Furthermore, the Immoral Traffic (Prevention) Act, 1986, and the Bonded Labour System (Abolition) Act, 1986, provide additional provisions for addressing human trafficking related to sexual exploitation.514 views
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Privacy in Technology Innovation and The Challenges it Creates for Implementing the GDPR and India’s DPDP Act
LL.M student at RV University, Bengaluru, IndiaPages 1879 - 1886The rapid advancement of technology, including Artificial Intelligence, Cloud Computing, Blockchain, and the Internet of Things, has introduced unprecedented challenges to data privacy and regulatory compliance. The European Union's General Data Protection Regulation (GDPR) and India's Digital Personal Data Protection Act (DPDP Act) aim to safeguard individual privacy rights while fostering technological innovation. However, the evolving nature of digital ecosystems complicates their implementation. This paper explores how emerging technologies challenge GDPR and DPDP Act compliance, particularly in areas such as data minimization, informed consent, automated decision-making, and cross-border data transfers. It examines the limitations of these regulations in addressing AI-driven data processing, profiling risks, and the black-box nature of algorithmic decision-making. The study also evaluates the gaps in privacy-by-design principles, sector-specific governance, and accountability frameworks within these regulatory landscapes. Through a comparative analysis, the paper proposes solutions such as standardized consent management systems, transparency-enhancing mechanisms in AI models, and the integration of privacy-centric designs in technological innovations. By balancing regulatory compliance with digital transformation, this research aims to provide insights into fostering a privacy-conscious technological future.481 views -
Study on the Ways Delhi has Adopted to Fight Air Pollution
Student at Amity University, IndiaPages 1887 - 1894In the majority of cities worldwide, air pollution is a major issue. It happens when substances that are toxic to people, animals, and plants are released into the atmosphere, such as gases, dust particles, fumes (or smoke), or scents. Air pollution has greatly increased as a result of human activity. While there is no way to completely eradicate air pollution, there are ways to lessen it. To limit emissions, the government has created and is still creating legislation and standards for air pollution. To reduce air pollution, communities all around the country are changing land use and passing legislation that limits emissions. By carpooling or taking public transit, every one of us can lessen our impact on the pollution issue. Replacing outdated, energy-inefficient appliances and light bulbs with more energy-efficient models is the simplest method to break negative energy habits. In addition to saving money on power, you will also lessen the pollutants generated during the electricity generation process, which accounts for most industrial air pollution.283 views -
Evaluating Judicial Activism in Energizing Secularism in India
Student at Karnataka State Law University’s Law School, Hubballi, Karnataka, IndiaPages 1895 - 1908This research investigates the interplay between judicial activism and secularism in India, contextualizing within various theories of secularism and outlines intricate relationship between judicial activism and secularism in India, a country known for its diverse religious landscape and robust judicial system. Judicial activism in India has often played a pivotal role in upholding the principles of secularism enshrined in the Indian Constitution. This research illustrates how the judiciary has navigated complex religious and secular tensions and judgments where judicial activism has significantly influenced the interpretation and application of the secularism. By analyzing land mark cases, the research highlights how the judiciary has navigated the delicate balance between protecting religious freedoms and ensuring the secular character of the state. The findings underscore the judiciary’s role in advancing secularism by striking down discriminatory practices, promoting religious harmony, and reinforcing constitutional mandates. Through a comprehensive review of legal precedents, this research contributes to the understanding of judicial activism’s impact on secularism in India, offering insights into its implications for the broader democratic framework.347 views -
Pages 1909 - 1932In India, the evolution of the death penalty is a complicated interplay of ancient customs, colonial forces and constitutional law-making. This study maps the longitudinal trajectory of capital punishment as it shifted across Vedic-era scriptures, through the medieval kraals, colonial legislative codification, and post-colonial refinement. The paper studies how the path-breaking “rarest of rare” doctrine laid down in Bachan Singh v. State of Punjab radically changed the law governing death sentencing in India while keeping it constitutionally valid. It covers subsequent judicial developments which laid down procedural safeguards, sentencing considerations and execution protocols through cases such as Mithu, Triveniben and Shatrughan Chauhan. The study critically evaluates current challenges of socioeconomic imbalance in sentencing, arbitrariness issues, and process inconsistencies brought to light by empirical studies. Dhananjoy Chatterjee, the Nirbhaya convicts, etc are examples of the ones executed showing patterns of implementation in practice. Particular focus is placed on the Law Commission’s 262nd Report which advocated the limited abolition and the empirical research produced by Project 39A. Through comparative analysis with varied jurisdictions, the paper contextualizes the position of India within global abolition trends. It argues that India occupies a unique position – upholding the constitutional validity of capital punishment while increasingly tightening the restrictions on its use. This historical insight provides crucial backdrop against which emerging prospects for reform in India's changing penological paradigm may be calibrated.1,187 views
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Pages 1933 - 1944Teamwork serves as a cornerstone of success across diverse professional domains, including business, healthcare, education, and scientific research. The ability of individuals to collaborate effectively within a team structure is influenced by a combination of cognitive, behavioural, and social factors. This paper delves into the underlying scientific principles that shape team dynamics, drawing from psychology, organizational behaviour, and leadership studies to provide a comprehensive understanding of what drives high-performing teams. It explores how effective communication, trust, role clarity, and shared goals contribute to cohesive teamwork, while also addressing the challenges of conflict resolution, groupthink, and decision-making inefficiencies. Furthermore, this research evaluates practical strategies to enhance team performance, such as fostering psychological safety, leveraging diverse skill sets, and implementing adaptive leadership styles. Real-world case studies from various industries are examined to illustrate both successful and failed team collaborations, offering valuable lessons for improving teamwork in professional and academic environments. By synthesizing theoretical frameworks with practical applications, this study provides actionable insights that can help organizations and individuals optimize teamwork for innovation, productivity, and long-term success.411 views
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Safeguarding Innovation: IPR Protection for Youth Start-Ups
LLM student at MJRP University, Jaipur, IndiaPages 1945 - 1952The intellectual property rights provides for optimal protection to a product of a human’s intellectual and creative efforts. In recent times, hike in number of start-ups by youth has been observed in various sectors related to technology, artificial intelligence, food ventures, cosmetics, medical etc. In all these innovations and inventions it is important to get protection under intellectual property rights system, which will entrust the innovator or the entrepreneur with bundle of rights and ultimate protection against infringement. In today’s period these start-ups are creating various job opportunities for others which increase the standard of living and GDP in the country. In other words, it can be said as these start-ups are stepping stone to better future. In this article, protection of rights of such innovators and entrepreneurs under Intellectual Property regime has been discussed.301 views -
Pages 1953 - 1966Humans have some inherent claims/rights by virtue of being born as humans called as human rights. A person is born with these rights and these rights are not granted by State. As immunities, rights stipulate that no one else's actions can or should go against the will of the person. The idea behind this is that people need to be shielded from cruel and harmful treatment. These rights are a fundamental part of human nature and thus can’t be taken away. In defending human rights, the media—often referred to as the fourth pillar of democracy—plays an important role as a watchdog, holding institutions and governments accountable for violations; by giving voice to the voiceless and raising awareness of injustices, the media can expose violations of human rights and mobilize public opinion for change; it also has an obligation to report impartially and ethically, ensuring fair representation of all parties involved; and, through its influence and reach, it can promote the protection and advancement of human rights and ensure non-discriminatory application of human rights’ instruments. The media's primary aim should be to rapidly distribute information to the general public. The role of the media is also to keep a watch on those in positions of authority, to attempt to rein in their arbitrariness, and expose the wrongdoing of those in power to the general public. This paper attempts to define media, its role in protecting and safeguarding human rights, instances where media played crucial role in protection of human rights, challenges faced by media in free and fair reporting of violations and suggestions to further strengthen the role of media in protecting human rights.575 views
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Rights, Surrogacy and the Indian Judiciary: An Expedition
Guest Faculty at Department of Law, Tripura University and PhD. Scholar at National Law University, Tripura, IndiaPages 1967 - 1976The Judiciary has been tirelessly dedicated in uploading all the rights enshrined in the Constitution of India and has strenuously informed all the aspects of the realm of Surrogacy since its inception as a process in India by its judgements. The Judiciary has promptly adjudicated cases wherein conflict of the interests of the entities involved in the process of surrogacy was concerned. The Judiciary has catered to the nuances of surrogacy in the absence of any dedicated legislation until 2021 and thereafter, India enacted a dedicated legislation in the year 2021, the Surrogacy (Regulation) Act, 2021 and since then the provisions of the Act has been challenged on varied grounds. The present Research Paper is an expedition of the enthusiastic endeavours of the Judiciary in dispensing justice via safeguarding the rights of the individuals entangled in the process of surrogacy.308 views -
Analysing the Dynamics of Dissimilar Political Regimes on the Functionality of the Indian Federal Structure
Student at Institute of Law, Nirma University, Gujarat, IndiaPages 1977 - 1987The Constitution of India states that Federalism focuses on the distribution of power between the Central Government and State Governments. The forum where the states share power with the Central Government has been under a lot of pressure in recent years mainly because of the differing political regimes. This research paper analyzes the effect of dissimilar political regimes across India’s federalism between the years 2014 to 2019. In the ideal sense, Indian federalism is Center- State cooperative relations in decision-making while it maintains uniformity of polity across the nation. The Seventh Schedule of the Constitution follows the powers of the legislature and this assures a Federal system that recognizes the Central Authority as well as the State’s independence. However, the principal aspect of the problem pertains to the decline of Cooperative Federalism, which deals with how political regimes affect Federalism within India and the incompatibility of powers between the Federal and State Governments when they belong to different political parties which may lead to political crises in the Federal structure of the country. Such discord can be seen especially in the situations like the enforcement of the CAA when states like Kerala and West Bengal simply refused to implement Federal policies and defy the Central Government. Further, the Acts like National Capital Territory of Delhi (Amendment) Act, 2021, also contributed towards the centralization of powers and control over the States further adding to discontent pertaining to loss of State’s sovereignty. To meet these challenges, the paper discusses the politico-legal implications of dissimilar political regimes on Federal structure, which shows how separation of the Federal and State Governments can make way for legal suits, policy deadlock and strained cooperative governance. Thus, the doctrinal approach is used as the research methodology and involves the analysis of case law, legal doctrines, and Constitutional provisions to establish the issue at hand. The analysis also appreciates the need for achieving more balance to preserve the Federal system’s integrity while acknowledging the need for decentralization at the regional level in India as well as appreciates the need for political stability as a guarantee to the effectiveness of the Federalism system in the country.379 views -
Corruption and its Effect on the Economic Development of India
Student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 1988 - 2008Corruption is one of the largest obstacles to India’s economic and sustainable development. It exists in various forms such as bribery, embezzlement, favouritism, and bureaucratic inefficiencies. It is widespread in both public and private sectors. Corruption alters market operations, depress foreign investment, decreases tax income, and causes inefficient public expenditure. It weakens institutions, disintegrate the rule of law, and stimulate income disparity, ultimately hindering economic advancement. It results in the improper allocation of resources, particularly in areas like infrastructure, healthcare, and education. Addressing corruption through policy reforms, digital governance, and stringent enforcement of anti-corruption legislation is essential for promoting a transparent, competitive, and inclusive economy.1,098 views -
Pages 2009 - 2025This research paper examines the validity and enforcement of foreign judgments under the Code of Civil Procedure (CPC), 1908. The paper highlights that only foreign judgments are recognized under CPC, not foreign proceedings. It analyses the conditions for a foreign judgment to be conclusive under Section 13, including jurisdiction and adherence to natural justice. Section 44A concerning the direct enforcement of decrees from reciprocating territories is also discussed. The study compares India's approach with the legal frameworks of the UK and the USA and uses case studies from different jurisdictions. The paper concludes by emphasizing the need to balance judicial autonomy and international legal cooperation.347 views
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Pages 2026 - 2043ADR methods offer an easy solution by providing an efficient and convenient way to resolve disputes. As alternative dispute resolution (ADR) becomes more popular, it will not only reduce the load on the courts but also promote a more just and effective legal system, which would ultimately help society become more peaceful. This is a good indicator of time and money savings, and how frequently various ADR programs occur such as in court is highly dependent on the nature and structure of those processes. ADR in the commercial sector shows that mediation has grown in recent years, revealing insights that offer significant benefits for Indian litigation. Apart from the legal perspective, ADR mechanisms are equally beneficial for economic affairs. It creates tremendous cost-saving and time-saving effects, moreover, making greater benefits to the overall economy, and they address a wider range of considerations for the growth of MSMEs. They establish an environment conducive to the business by reducing the blocks in litigation, and cash flows, and finally building trust among the stakeholders. This research paper examines the relationship between Alternative Dispute Resolution (ADR) mechanisms and the legal aspects particularly the Civil Procedure Code (CPC) to examine whether ADR mechanisms such as mediation and arbitration are supported in the system. It identifies specific CPC provisions governing mediation and arbitration and assesses their impact on the validity and effectiveness of ADR outcomes. This study focuses on the CPC's role in facilitating or preventing these ADR processes' adaptation, use, practice, and implementation. Furthermore, this article also explores the role of the ADR mechanism in the growth and sustainability of micro small, and medium enterprises (MSMEs).659 views
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Legislating Transformation: Proposing New Laws for Positive Societal Change in a Dynamic World
Deputy District Attorney at Prosecution Department Govt. of Haryana, IndiaPages 2044 - 2068In contemporary society, the role of legislation in catalyzing positive change is increasingly paramount. This paper examines the necessity for new laws to address critical societal challenges and foster positive transformation. Current legislation often proves inadequate in confronting issues such as environmental degradation, social inequality, economic disparity, and emerging technological risks. By analyzing the limitations of existing laws and proposing innovative legislative measures, this study advocates for reforms that can significantly enhance societal well-being. Key areas of focus include environmental protection through robust climate policies, equitable access to healthcare and education, fair labor practices, and regulatory frameworks for advancing technologies. Through a comprehensive review of literature, case studies, and expert insights, this paper highlights the potential impact of legislative reform in creating a more just, sustainable, and prosperous society. Emphasizing both the feasibility and urgency of these reforms, it calls for proactive legislative action to address pressing societal needs effectively.411 views -
Examining the Approach of Women Parliamentarian towards IPR relating issues discussed in Parliament
Research Scholar at Chanakya National Law University, Patna, Bihar, IndiaPages 2069 - 2083This paper critically examines the intersection of gender, technology, and law through the lens of women's participation in the formulation and evolution of Intellectual Property Rights (IPR) laws in India. Traditionally, women’s engagement with lawmaking has been more pronounced in areas directly impacting them, such as family law or criminal law. However, contemporary knowledge-based economies increasingly require equitable participation in domains such as IPR, where creativity, innovation, and ownership of knowledge play a central role. The study investigates whether women have been active participants in IPR lawmaking, reform, and enforcement processes and explores the barriers they face in engaging with these legal regimes. Using feminist legal methodology, the paper analyzes parliamentary debates, committee reports, and government initiatives, including a focused study on the questions raised by women parliamentarians. The findings reveal that while there is emerging political and institutional intent to promote women's involvement in innovation ecosystems, actual gender-sensitive legislative discourse on IPR remains limited. Further, the structural design of IPR regimes may itself be gendered, disproportionately excluding women’s contributions—particularly in traditional knowledge, handicrafts, and informal entrepreneurship—from formal recognition and protection. The paper argues for greater gender mainstreaming in IPR policymaking and emphasizes the need for inclusive data collection, awareness, and institutional reform to bridge the gender gap in intellectual property law.491 views -
Land Acquisition Act in India: Inadequacy of Compensation
Student at Christ deemed to be university, Pune, Lavasa campus, IndiaPages 2084 - 2095This research paper examines the historical development, constitutional issues, and socio-economic consequences of land acquisition legislation in India, particularly the insufficiency of compensation to affected landowners. It starts by examining the colonial roots of the Land Acquisition Act of 1894, which placed emphasis on the development of infrastructure for imperial ends, and traces its evolution through legislative changes and judicial examination after independence. The research points out the transformation of property rights from core rights under Article 19(1)(f) to constitutional rights under Article 300A after the 44th Constitutional Amendment, underlining the influence of this shift on the legal safeguards of landowners. Important judicial precedents such as Kesavananda Bharti v. Union of India and Indian Handicrafts Emporium v. Union of India are analyzed to highlight the conflict between public purpose and private property rights. The paper is critical of the procedural deficiencies of the 1894 Act, especially the abuse of the "urgency clause" under Section 17, which enabled governments to override landowners' objections and accelerate acquisitions. It also touches on ethical issues related to compensation mechanisms, citing cases where landowners were undercompensated or denied their legal rights. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 is examined as a piece of legislation aimed at addressing these flaws, though problems remain in the achievement of transparency and fairness. By integrating historical examination with recent case studies, this paper promotes a balanced strategy for land acquisition—one that balances the needs of development with justice for displaced peoples. It ends by suggesting policy changes designed to promote fair compensation practices and protect constitutional values in India's changing socio-economic context.679 views -
Sex Work: The Debate over its Status as a Profession
Student at Dr. B. R. Ambedkar National Law University, Sonepat, IndiaPages 2096 - 2104The question of whether sex work should be recognized as a profession remains a deeply controversial issue in India and globally. Rooted in Indian society for centuries, sex work once enjoyed a degree of social integration and state support in ancient times. However, this perception shifted drastically during colonial rule and post-independence, leading to stigmatization and criminalization. Despite these challenges, sex work continues to exist as an undeniable economic reality, with uncountables depending on it for their survival. This paper delves into the definition and core attributes of a profession, evaluating whether sex work aligns with these standards. It highlights the groundbreaking Indian Supreme Court judgment that acknowledged sex work as a profession under Article 21 of the Constitution, affirming the right to dignity and legal protection for sex workers. The discussion extends to international examples where sex work has been recognized as a profession, drawing valuable insights for shaping India’s policy approach. Recognizing sex work as a profession has the potential to usher in critical regulatory reforms. These reforms could promote safer working conditions, reduce societal stigma, and clearly differentiate between consensual sex work and trafficking. Such recognition would not only uphold the rights of sex workers but also contribute to broader societal goals, including the advancement of human rights, improved public health, and economic inclusivity.688 views -
The Critical Role of Forensic Evidence in Modern Criminal Investigations
Research Scholar at Panjab University Chandigarh, IndiaPages 2105 - 2133Forensic evidence plays a pivotal role in modern criminal investigations, bridging the gap between crime scenes and the courtroom. This abstract examines the multifaceted contributions of forensic science to solving crimes, emphasizing its impact on accuracy and reliability. Techniques such as DNA analysis, fingerprinting, and digital forensics provide concrete, scientifically validated data that can corroborate testimonies, establish timelines, and identify perpetrators. Forensic evidence not only enhances the investigative process but also upholds judicial integrity by minimizing wrongful convictions and ensuring justice is served. This overview highlights the continuous advancements in forensic methodologies, their integration into investigative protocols, and the critical need for ongoing research and training. As forensic science evolves, its role becomes increasingly indispensable in unraveling complex criminal cases, reinforcing its status as a cornerstone of contemporary law enforcement and criminal justice systems.445 views -
Pages 2134 - 2141This research paper examines the critical issue of prison reform in India, focusing on the pervasive practice of caste-based segregation within the prison system. Despite constitutional guarantees of equality and dignity, the Indian penal system continues to reflect societal hierarchies that disproportionately affect marginalized communities. This study highlights how caste-based discrimination in prisons violates the basic fundamental rights of inmates, exacerbating their suffering and hindering rehabilitation efforts. Drawing on legal frameworks, empirical evidence, and case studies, the paper analyzes the psychological and social implications of segregation on inmates’ dignity and mental health. The discussion emphasizes the urgent need for comprehensive reforms to address systemic injustices that perpetuate caste-based segregation. It advocates for the implementation of policies that promote equality, inclusion, and rehabilitation, ensuring that prisons become places of correction rather than further oppression. By exploring international best practices and the potential for restorative justice models, the paper outlines pathways for reform that uphold the dignity of all individuals, regardless of caste. Ultimately, this research paper aims to contribute to the broader discourse on human rights within the Indian criminal justice system, urging policymakers, legal practitioners, and civil society to recognize and dismantle the structures that enable caste discrimination in prisons. The findings underscore that meaningful prison reform must address the root causes of inequality and prioritize the dignity and rights of all inmates to create a just and humane penal system.531 views
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Scope and Ambit of Global Health Security
Pursuing Master of Public Health from Max Institute of Medical Education, IndiaPages 2142 - 2151The presence of robust & resilient public health system that enable to stop identify & address new infections disease threats wherever they arise in the world is Known as Global Health Security. GHS tackles not just pandemics & infectious illnesses but also other health risk like antibiotic resistance. As awareness of the possible risks to the environment & human health, such as air pollution and climate change, has grown, so too has reliance on chemicals. The significance of readiness, surveillance & efficient response tactics has been further emphasized by lessons learned from previous health emergencies. Such as Ebola, and COVID 19 outbreaks. WHO plays an important role in attaining Global health security, worldwide. The Goal of WHO is to assist all nations in carrying out their obligations to ensure the safely and welling of their particularly the most vulnerable & impoverished. Protecting people against health risk whether they come from human whether actively or natural sources, is the goal of GHS. The present paper deals with the aforesaid issues in detail and suggests the methodologies to achieve the GHS for masses.454 views -
NFT and Taxation Policy of India
Associate Professor at Department of P. G. Studies in Law Dr. Babasaheb Ambedkar Marathwada University, Aurangabad, IndiaPages 2152 - 2158Non Fungible Tokens (NFTs) are gaining a lot of popularity in India. So far it is noticed that different countries have very little specific legislation for regulation of NFTs. Most of the countries such as USA, UK and Australia have imposed tax on NFT transactions in their jurisdictions including India as NFTs, are considered as property for tax purposes attracting different tax rates. In India certain notable changes were made by the government in the Companies Act, 2013, CGST Act, 2017 and Income Tax Act, 1961 for NFT transactions. NFT is not defined but is included in the definition of ‘Virtual Digital Asset’ under Income Tax Act 1961. There is no specific law for regulation of NFT in India and hence, there is a need to pass the Cryptocurrency and Regulation of Official Digital Currency Bill 2021to prevent future issues resulting from NFT transactions.415 views -
Pages 2159 - 2173The introduction of blockchain and cryptocurrencies has brought a new generation of digital transformation, but one that has come with serious cybersecurity issues. The following paper investigates the convergence of cybersecurity and the fast-growing cryptocurrency and blockchain markets, with special emphasis on the challenges these technologies pose. It analyzes a range of cybersecurity threats like hacking, phishing, and smart contract vulnerabilities, in addition to reviewing the technological countermeasures available to guard against these risks, including cryptographic controls and the decentralized nature of blockchain. Legal frameworks are reviewed, both domestic and global, with specific focus given to the regulatory reactions in India and around the world. The paper also addresses the implications of cybersecurity incidents in criminal liability, civil liability, and privacy protection. Lastly, it offers suggestions for enhancing cybersecurity, legal reforms, and international cooperation to provide secure and transparent digital asset ecosystems.295 views
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Genocide Prevention & the ICC: Success or Failure?
Student at Christ (Deemed to be University) Delhi-NCR, IndiaPages 2174 - 2186The effectiveness of the International Criminal Court in putting an end to mass murder and in prosecuting perpetrators responsible for crimes comprising war crimes, crimes against humanity, and genocide is what the paper explores. This research shall be evaluating the potential ability of the court through its core procedures of responsibility, deterrence, and precedents to address and prevent the most egregious breaches of human rights. In important case studies related to Thomas Lubanga, Omar al-Bashir, and Jean-Pierre Bemba, the ICC has shown both influence and discouragement of leaders who commit serious abuses. As much as the report recognizes the financial, jurisdictional, and state cooperation constraints of the Court that led to charges against its bias and constricted its influence worldwide. Despite all these challenges, the ICC has encouraged and given birth to a rising culture of accountability, affecting international humanitarian law and giving way to more deliberate crime. In this regard, this thesis thwarts the conception of the function of the ICC as the successful international arbiter of justice and its positive influence on stopping crimes in the future.277 views -
Pages 2187 - 2199This research paper aims to delve into the concept of trade dress as an intellectual property. It will then assess the current state of trade dress protection within the Indian trademark regime, drawing on relevant case laws. The ultimate goal is to determine if trade dress is adequately protected under Indian trademark law or if new legislation is needed. Important ideas and suggestions for trade dress protection in India are also sought after in the article. Given that trade dress is still legally protected as a trademark under the Trademarks Act, and that the laws pertaining to the same are being interpreted dynamically by the courts, this study was undertaken because the laws regarding the protection of trade dress in Indian jurisdiction have not been finalized and continue to be unclear. Therefore, it is crucial to examine the current state of trade dress protection in India in view of the current scenario.380 views
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Pages 2200 - 2215The Mediation Act 2023, is India’s most detailed piece of legislation to decentralise the process of resolving disputes. It envisages the mechanism of community mediation as a means to bridge the gaps in the rural justice system. Using a doctrinal approach, this article critically examines the statutory framework of the Act, its compliance with the constitutional and international benchmarks, and its potential to assist traditional dispute resolution mechanisms like panchayats in the mainstream legal regime. After considering the Act's text, parliamentary speeches, judicial decisions, and policy papers, the study identified the cardinal strengths of the Act as follows: 1. Recognition of local traditions and cultures and 2. Promotion of a three-level mediation structure. However, there are gaps in the framework, such as the non-imposition of suitable penalties for failing to enforce amicable settlements, insufficient actions to counter caste and gender discrimination and underfunding of rural institutions. This is especially remarkable when juxtaposed with constitutional provisions like the Right to Equality (Article 14) and Access to Justice (Article 39A), which inter alia ensure the representation of marginalised groups in mediation committees. The study demonstrates the missing element in the doctrinal edifice of the Act against the backdrop of India's historical experience of legal pluralism. This research contributes to discourses on legal pluralism, including how statutory frameworks can either reproduce systemic inequalities or challenge these in grassroots systems of justice globally.505 views
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Regulating Foreign Direct Investment (FDI) in India’s Online Gaming Industry
Student at Amity University, Kolkata, IndiaPages 2216 - 2227Foreign Direct Investment (FDI) has come out as the main force behind India’s ever increasing gaming industry. With serious market engagement and quick technical advancements, regulatory frameworks seek to evolve themselves on the basis of protection of consumers and security imperatives of the whole nation. By providing a brief overview on the historical evolution of regulatory framework and shedding light on the recent developments, this paper is aimed at tracking the growth of FDI regulation in India’s ever-growing online gaming sector. Besides the already implemented Central and State laws, it discusses the effects of various rules and regulations, including the ones established under different statutes, especially on betting and gambling, improved data privacy and protection, and clarifications of the GST regime. It also discusses the prevailing market trends, its impact on consumer and shareholder behaviour towards the industry and the compliance criteria that are to be adhered by different individuals and entities. By drawing on empirical data and expert commentary from multiple sources, this research offers a holistic view of the FDI regulatory landscape in India’s online gaming industry, the jurisdictional challenges that arise as a result of absence of a singular legal framework across the country and provides policy suggestions that could help reframe the existing laws and enhance the economic growth and development of the already booming industry.755 views -
“Tussle for Res Publica” Recent Trends in Indian Federalism: Federation Sui generis
LLM student at School of Excellence in Law, IndiaPages 2228 - 2236This Article examines the recent trends in Indian Federalism. The Government of India Act 1935 introduced Federalism in India. The feature of Federalism is that of the large country population area and Cultural diversity. Federalism in India is a debatable issue until now. A Federal theorist, K.C. Wheare, has argued that the nature of the Indian Constitution is Quasi-federal due to the Dominance of Union power over the State. Since the Indian Federation consists of both Federal and Unitary features, it can also be phrased as “Federation Sui generis” which means “federation of its kind”. The federal system has been transformed nowadays. The Centre though dominant, the States are also learning from each other and developing. The core objectives of Indian federalism are unity in diversity, devolution in authority, and decentralization in administration. Through federalism, the State pursues the goal of common welfare amid wide diversity in socio-cultural, economic spheres. Some recent trends, such as GST, show more development of Federalism in India. The state leaders, on account of re-election, are now performing their duties with the full motive of developing India. Social media is in top condition, which voices out the state activities loud.881 views -
Cyber Crime against Women in India Cyber Crimes: Types, Patterns and Prospects
LLM student at School of Excellence in Law, IndiaPages 2237 - 2245There are various crimes against women in India, in cybercrime is one among them. Cybercrime is any criminal activity involving a computer/Mobile as the target or tool of the crime. According to the data released by the National Crime Records Bureau(NCRB), the number of cybercrime incidents in 2021 has gone up by 18.4 % since 2019, but the number of such cases against women has risen by a significantly steeper 28 %. This society is equally balanced with men and women, but women are targeted the most in this cybercrime. Though women are treated as goddesses, they are also easily trapped as victims in this crime network. Both educated and uneducated women are unaware of this cybercrime. There are various cybercrime cases in India against women. Indian women are not able to report cybercrime immediately as they are not aware and do not want to face it. Even though there are various legislations and authorities to prevent cybercrime, social awareness among women is essential to prevent such crimes. I have analyzed the reason for the growth of cybercrimes, types, impact, and possible remedy. I have also discussed the major cybercrimes against women.596 views -
Pages 2246 - 2260This research critically examines the effectiveness and challenges of juvenile justice laws and policies, with a specific focus on their application within India. The study delves into the legal framework governing juvenile justice, particularly the Juvenile Justice (Care and Protection of Children) Act, 2015, which introduced significant changes, including allowing juveniles aged 16-18 to be tried as adults for heinous crimes. The research evaluates the rationale behind this amendment, its implications for juvenile rehabilitation, and the broader societal impact. Through an analysis of legal provisions, case laws, and statistical data, the dissertation assesses the effectiveness of existing juvenile justice mechanisms in ensuring both the protection of children and the deterrence of juvenile delinquency. It explores the role of Juvenile Justice Boards, Child Welfare Committees, and special homes in providing rehabilitative and corrective measures for young offenders. Additionally, the study addresses key challenges in the implementation of juvenile justice policies, including procedural delays, lack of adequate infrastructure, and inconsistencies in judicial decisions. The research also considers international perspectives, drawing comparisons between India's juvenile justice system and those of other jurisdictions, particularly in relation to rehabilitation-oriented approaches versus punitive measures. It highlights the influence of social, economic, and psychological factors on juvenile delinquency and the effectiveness of existing intervention programs. Findings suggest that while the Juvenile Justice Act provides a structured framework, there are significant gaps in its execution, particularly in balancing the interests of juvenile offenders and victims. The study recommends reforms such as strengthening rehabilitation programs, ensuring swift legal proceedings, enhancing police and judicial training, and improving the coordination between government agencies and non-governmental organizations working in child welfare.331 views
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Impact of Economic Status of Women on Domestic Violence a Legal Perspective
PhD Scholar at Dr. B R Ambedkar National Law University, Sonipat, IndiaPages 2261 - 2266This paper recognizes a linkage between the socio-economic status of women and the domestic violence faced by them in our country. The widespread presence of domestic violence is a very serious issue which shows the entrenched socio-cultural and legal agitation. It shows how economic empowerment can impact a woman's life positively as well as in a negative way. It focuses on the role of laws which are specifically enforced to protect women, such as the Protection of Women from Domestic Violence Act 2005 and studies as to how the economic condition affects women's potential to get enough from these reforms, participate in the decision making in their families and have a say on their lives. This study also considers possible legal reforms that can help protect women's economic interests in order to decrease abusive patterns.369 views -
Copyright and the Film Streaming Industry: Licensing, Piracy, and Exclusivity
Student at Unitedworld School of Law, Karnavati University, Gandhinagar, Gujarat, IndiaPages 2267 - 2338This research investigates how copyright laws interact with film streaming businesses through the research of essential elements including licensing agreements and piracy issues along with exclusive rights systems. The establishment of global streaming platforms Netflix along with Amazon Prime and Disney+ triggered industry-wide changes that produced novel legal conflicts and regulatory concerns. The research evaluates licensing agreements by identifying the conflicts between exclusive and non-exclusive contracts and explains territorial licensing as the main obstacle for worldwide distribution. Digital piracy receives analysis through an assessment of its various types including camcording, torrenting and unlawful streaming and their associated economic and legal consequences. The study examines both the strategies adopted by streaming platforms and enforcement agencies regarding their anti-piracy initiatives. The analysis examines these arrangements since they give platforms strategic advantages yet cause content dispersal and user selection constraints. Through a combination of doctrinal legal analysis and real-world case studies, the dissertation investigates landmark copyright disputes, anti-piracy enforcement actions, and the growing concerns around anti-competitive practices. The author ends his work with a call to create unified international laws together with adjustable policy solutions which should address the new requirements of modern digital media structures.990 views -
From Crisis to Resolution: Navigating the Challenges of the International Criminal Court with Special Emphasis on Africa
Student at VIT School of Law, Chennai, IndiaPages 2339 - 2352This paper critically analyzes the contemporary challenges confronting the International Criminal Court (ICC), with a focus on structural limitations, legitimacy concerns, and geopolitical resistance. Central to this inquiry are persistent allegations of selective prosecution, particularly the perception of a disproportionate focus on African states as well as the Court’s lack of effective enforcement mechanisms in cases of non-cooperation by member and non-member states alike. The paper explores the implications of pending arrest warrants on the ICC’s investigative and judicial processes, analyzing how such challenges undermine the Court's ability to fulfil its mandate under the Rome Statute. Special attention is given to Africa’s complex and often contentious relationship with the ICC, highlighting political tensions arising from the prosecution of sitting officials, concerns of judicial overreach, and the broader discourse surrounding the abuse of universal jurisdiction. Looking ahead, the study assesses the potential evolution of the Court’s caseload and geographic scope, arguing for a more diversified and balanced approach to case selection. Further, it also proposes institutional and policy reforms aimed at reinforcing the ICC’s independence, credibility, and overall effectiveness in advancing international criminal justice. The paper concludes with targeted recommendations for enhancing global cooperation with the Court, promoting greater complementarity with domestic legal systems, and ensuring that the ICC remains a legitimate and impartial guardian against the most serious crimes of concern to the international community.403 views -
Justice on Trial: Examining the Legal Pitfalls of the Criminal Justice Administration System in India
PhD. Scholar at Faculty of Law, SGT University Gurugram, IndiaPages 2353 - 2370Criminal justice administration in India is based on three foundational principles, namely the principle of fairness, the principle of due process as well the presumption of innocence until the accused is proven to be guilty. Ideally, the Criminal law is as comprehensive in its drafting and noble in its intentions as the best systems across the world. Its implementation, however, has been severely limited due to a lack of proper implementation and procedural delays. Even after the introduction of cutting-edge technologies like AI and Machines learning, the legal framework of our country is struggling with a huge backlog of cases largely due to clerical and logistical delays. Instances of custodial torture and coerced confessions have undermined the principles of ‘innocent until proven guilty’. The lack of infrastructure to ensure access of justice to the marginalized groups of the society further exacerbates the problem. Legislative inconsistencies and outdated penal provisions further impede progressive criminal jurisprudence. This paper critically examines these pitfalls, juxtaposing statutory frameworks with judicial precedents, and advocates for structural reforms to realign the Indian criminal justice system with constitutional and human rights imperatives.360 views -
The Paradox of Transparency: Privacy Rights in the Age of Surveillance
Student at School of Law JECRC University, Jaipur, IndiaPages 2371 - 2378The paradox of transparency in the context of politicians' privacy versus public interest is a complex and enduring debate in democratic societies. This research paper explores the tension between the right to privacy of public officials and the public's right to access information about their private lives, particularly in the context of political accountability and governance. The paper examines key arguments on both sides of the debate, including the impact of privacy on political participation, the role of transparency in exposing hypocrisy, and the implications of recent legal rulings, such as the Indian Supreme Court's verdict on the Electoral Bond Scheme. By analyzing these issues, the paper aims to provide a nuanced understanding of how privacy and transparency intersect in the political sphere and their implications for democratic governance.400 views -
Pages 2379 - 2394India’s economic and social fabric is threatened by white collar crime, which is concealed within the intricate corporate and organizational system. People in positions of trust and authority are usually the ones who commit these complex, non-violent crimes, which range from insider trading and money laundering to fraud and corruption. Rapid technical improvements, the exploitation of legal loopholes and occasionally the implicit cooperation of influential people are all factors contributing to the rise in these types of crimes. This study looks at the role of cross-border collaboration in the investigation of financial offences as well as the extraterritorial reach of white-collar crimes. It highlights challenges victims encounter in obtaining restriction and the crucial role enforcement agencies play in preventing these crimes. The paper also provides comprehensive understanding of white-collar crime by examining its legal as well as societal and financial repercussions. The paper also examines how India’s legal system has changed over time, stressing the recent changes made in new criminal law and evaluating how they have affected the control of financial crimes. The research also assesses important court ruling and make suggestion for improving the regulatory structure. In order to successfully tackle this widespread crime, this study emphasizes the significance of transparency and public trust in the financial system.1,198 views
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A Legal Analysis on Water Pollution Pertaining to Periyar River of Kerala
Student at Kristu Jayanti College of Law, IndiaPages 2395 - 2407Life under water is not only part of Environmental diversity but also the source of livelihood for many and a balance-maker for environmental sustainability. In this world of technological commonality in a Global village, the relevance of ecological resources, especially the rivers, is coming to an end due to human intervention and the upholding of self-satisfactory elements of human intellect for a better standard of living. Recently, the Government of India, under the guidance of the National River Conservation Directorate, decided to initiate a project on the ecological conservation of Indian rivers, especially focusing on six rivers, including the Cauvery, Godavary, Mahanadi, Narmada, Barak, and Periyar, in order to intensively study the aforementioned rivers and analyze their ecological status for conservation planning. This includes the longest river of Kerala, the Periyar, which is a 225 km resource, starting its journey from the Sivagiri hills to the Cochin backwaters, connecting both Kerala and Tamil Nadu, and is facing aquatic pollution as an effect of Human intervention, implicating the lack of ecological resources. Thus, it is a need of the hour to have a look at how the selfish motivation and unending needs of humanity affect the biological resources, especially focusing on the Periyar river of Kerala and the impacts of the after-effects on the community that relies on this river and on the environmentally sustaining balance mechanism. The researchers tries to convey the aforementioned issues by connecting the pollution happening in the Periyar River in Kerala with the guiding light of judicial precedents and ecological reports.336 views -
Pages 2408 - 2417On July 1, 2017, the Goods and Services Tax (GST) was implemented in India, which, to put it mildly, was a momentous step as regards India’s indirect tax regime. Introduced as the most ambitious tax reform since independence, GST was to subsume a host of indirect taxes imposed by both Centre and States in the creation of a unified national market. This paper treads the multidimensional ground of the impact of GST on the Indian economy which includes aspects of tax compliances, retail inflation, informal sector, ease of doing business and economic growth in general. Though challenges including compliance burdens, IT infrastructure issues and confusion among small traders came in the way, over time the GST regime has become more mature, and has improved the level of tax transparency and efficacy. Streamlining of the tax structure on account of abolition of cascading taxes and moving towards a destination based tax system has made it business friendly and easy to understand. In addition, the effect of incorporation in GST in federal fiscal relations and revenue allocation has also been of vital significance in ascertaining its long term sustainability. In this research we critically review the current available literature and then formulate some key research questions and then an evidence based analysis of the effectiveness of GST. Using the qualitative assessment and secondary data evaluation, it evaluates the macroeconomic implications of GST and determines what needs still require reforms. For instance, to encourage the MSMEs some suggestions are rationalization of tax slabs, better technology support, and timely refunds, etc. The paper concludes that although GST is a revolutionary hold in economic integration and transparency, more reforms have to be done and stakeholders need to engage fully for GST to be maximally utilized.633 views
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ESG Investing in India: Greenwashing Risks and Legal Accountability Under SEBI Regulations
Student at Amity Law School Kolkata, Amity University Kolkata, IndiaPages 2418 - 2433The practice of deceiving stakeholders by falsely portraying an organization’s operations, products, or policies as environmentally or socially responsible termed “greenwashing” in the field of Environment, Social, and Governance. Concerns regarding greenwashing had grown as the ESG factors had become more crucial for uplifting Corporate Governance and for influencing investor’s decisions. This paper examines the relationship of greenwashing and insufficient ESG legal framework, examine how governance, regulatory monitoring, and investor due diligence allow for false sustainable claims. Through empirical analysis and case studies, this study emphasizes how the mechanism must be put forward to ensure the pace in world run thus, guaranteeing true sustainability rather than being used as a cover for corporate deception.611 views -
Decoding the Tax Code: A Blueprint for Equitable Digital Economy Taxation
Student at School of Law, Manav Rachna University, Faridabad, Haryana, IndiaPages 2434 - 2451The rapid expansion of the digital economy has exposed fundamental weaknesses in traditional tax regimes, particularly regarding cross-border transactions and multinational digital corporations. Many digital businesses operate globally without a significant physical presence, enabling them to minimize tax liabilities through profit shifting and regulatory arbitrage. This paper examines the challenges of digital economy taxation and explores how India can learn from global best practices to create a fair and efficient tax system. A major issue in taxing digital businesses is the difficulty in defining economic nexus and profit attribution in an increasingly borderless market. While the Organization for Economic Co-operation and Developments (OECD’s), Base Erosion and Profit Shifting (BEPS) framework and the Global Minimum Tax initiative offer partial solutions, their effectiveness depends on broad international cooperation. Many countries, such as the European Union with its Digital Services Tax (DST), the United States with its targeted taxation on tech giants, and Australia’s stringent anti-avoidance laws, have developed unique approaches to digital taxation. This paper advocates a comparative analysis of these models to identify best practices that India can adopt. India, with its burgeoning digital economy, can benefit from a hybrid model that incorporates elements from leading jurisdictions. For instance, India can draw lessons from the EU’s revenue-based DST while ensuring compliance with OECD guidelines to avoid trade disputes. The United States’ focus on technology-driven compliance and Australia’s anti-tax avoidance mechanisms offer additional insights. By leveraging AI-driven tax compliance and block chain for transparency, India can modernize its digital tax framework while maintaining competitiveness. This study ultimately proposes a harmonized taxation policy that balances national interests with global cooperation, ensuring a level playing field for digital enterprises while securing public revenues in the digital age.425 views -
An Overview of the Law of Medical Negligence with special reference to Various Judicial Precedents in India
Student at KIIT School of Law, IndiaPages 2452 - 2460The medical profession, which is known to be one of the noblest professions, has no immunity to negligence. Of late, Medical Negligence has emerged as one of the most crucial issues across the whole nation and keeps great impact in shaping the law of negligence. It is evidently a serious concern. According to statistics, around 52 lakhs of medical injuries are recorded every year in India and out of which 98,000 are of medical negligence, and around 11 people die every hour in this country due to this. Medical practitioners who are held liable for negligence or deficiency in service under The Consumer Protection Act, 1986, are not an exception to this rule. Medical negligence is also termed as medical malpractice that is an improper, unskilled, improper or negligent treatment of the patients by their physician, dentist, nurse or other health care professionals. In 1995, the Supreme Court brought the medical services within the ambit of “service” as defined in the Consumer Protection Act. This defined relationship between patients and medical professionals by giving contractual patients the power to sue doctors if they sustained injuries in the course of treatment in procedure free consumer protection courts for compensation. It is the duty of the doctor to take proper care and caution to avoid any mishap and any negligence which can have life-changing effects on the patients. The awareness among the public is increasing, and hospital management is facing complaints regarding the facilities, unprofessionalism of doctors, and the appropriateness of their therapeutic and diagnostic methods at an increasing rate. This paper delves into various intricate dimensions of medical negligence and tries to explain the topic in the light of tort law jurisprudence.662 views -
Comparative Analysis of Arbitration Rules: Kenya, Eswatini, and India
Student at KIIT School of Law, IndiaPages 2461 - 2475Arbitration has emerged as one of the most efficient forms of dispute especially in relation to international commercial and investment disputes. This is due to the large support it has received from international organization especially the UN which established the UNICITRAL rules and has been a basis for many convention such as the The Convention on the Recognition and Enforcement of Foreign Arbitral Awards also called the “New York Convention” which has over 172 signatory states. This paper is focused on analyzing the arbitration preference of three states Kenya, Eswatini and India and seeing their approach towards arbitration. Due to the countries each country have a different approach towards its judiciary an analysis of these three countries will provide a clear view on how countries have accepted arbitration as a means of international dispute. This research will be focusing on four aspects of arbitration in each country legal framework, institutional arbitration , procedure and enforcement of award. By looking at how each country has worked on these aspects we can determine their openness to international arbitration. I conclusion to this research the challenges each country faces will be highlighted and possible future steps will be recommended.431 views -
Protection of Traditional Knowledge under Intellectual Property Rights in India: A Critical Analysis
Advocate in IndiaPages 2476 - 2488The protection of traditional knowledge under the domain of intellectual property rights is a multifaceted issue in today’s rapidly globalising world. This research project examines the interlink between traditional knowledge and intellectual property right in Indian context. It studies the scope of existing intellectual property laws in India as well as international conventions in protecting traditional knowledge. The study highlights important judicial decisions and their implications in protecting traditional knowledge. It also discusses various intellectual property laws of India for protection of Traditional knowledge. It Highlights importance of Traditional Knowledge Digital Library for the protection of traditional knowledge. It offers recommendations and policy implementations for better protection of traditional knowledge that includes changes to TRIPS agreement, equitable benefit sharing and implementing strict national regulations.494 views -
Waqf Amendment Act 2025 and its Impact on Muslim Endowments in India
PhD. Scholar at Faculty of Law, Jamia Millia Islamia, IndiaPages 2489 - 2501The Waqf (Amendment) Act, 2025 makes significant changes to the legal and administrative structure that governs Muslim religious endowments in India. While the Act's claimed intent is to enhance transparency and streamline governance, it has sparked major debate because of its possible influence on constitutional rights, federal balance, and religious organizations’ autonomy. This study critically evaluates the Act's important elements, such as the inclusion of non-Muslim members on Waqf Boards, limitations on civil court jurisdiction, and increased state control over waqf lands. By examining the constitutional consequences through the lenses of Articles 14, 21, 26, 29, and 30, the study demonstrates how the Act may jeopardize minority rights and the secular structure of the Indian Constitution. The study also looks at judicial precedents, policy studies, and comparative viewpoints to determine the likelihood of legal challenges. Finally, the study makes specific reform recommendations aimed at striking a balance between transparency and minority rights.1,350 views -
Sentencing in Rape Cases: Balancing Justice, Public Outrage and Judicial Discretion
LL.M. Student at Institute of Law, Nirma University, IndiaPages 2502 - 2508In rape cases, the sentencing procedure plays a pivotal role in delivering justice and deterring the future offenders to commit the crime again. After the high-profile cases like that of Nirbhaya and Kathua, incidents such as these introduced the harsher punishments in order to make a deterrence effect. However, whether these harsh punishments was able to make any difference in the recidivism rates still remains doubtful. The public outrage and the involvement of media demands stricter punishments for the offender but the lack of structured guidelines results in the inconsistent judgments and erodes the public trust in the criminal justice administration. Judicial discretion is an important aspect that helps in giving tailored judgments but excessive reliability on this results in the unpredictable sentencing patterns. This paper critically examines the limitations of giving harsher punishments, arguing that they do not necessarily prevent reoffending. The procedural delays that can be seen in the case of Nirbhaya further weakens the impact of punishments, eroding victim’s faith in the system. The research highlights the need for reforms such as the structured sentencing guidelines in order to reduce the arbitrariness in the judgments, fast-track courts for timely justice and greater participation of the victim in the sentencing process. The paper also highlights the importance of counselling and rehabilitation in order to reduce the rate of reoffending. In the end the paper argues that while strict punishments may satisfy the public opinion and media but they are not sufficient as an independent measure. Ensuring the certainty of punishments and improving the rates of convictions are essential for an effective criminal justice administration.442 views -
One Nation, One Election: An Analysis of the High-Level Committee Report on Simultaneous Elections in India (2024) and its Implications for Indian Democracy
Student at Symbiosis Law School, Noida, IndiaPages 2509 - 2515The 2024 High Level Committee (hereinafter “HLC”) Report on “One Nation, One Election” assesses the prospects and implications of conducting simultaneous national, state and local bodies elections across India. The objective is to address electoral redundancies by synchronising election cycles in India, a practice that was followed post-independence until it was phased out by the 1960s. For the implementation, HLC recommends a phased plan and two constitutional amendments along with empowering the Election Commission of India and a unified electoral roll. Furthermore, it also highlights its impact on India’s federal structure and risks to regional representation. Comparative perspectives from countries like South Africa and Germany have been included to ensure the best international practices for fair and transparent elections. The essay undertakes an analysis of the HLC report on One Nation, One Election and its various constitutional, economic and social implications on Indian democracy, along with relevant case laws and international insights.1,000 views -
Decoding the Banking Laws (Amendment) Bill, 2024: Governance, Autonomy, and Financial Inclusion
Student at School of Law, M. S. Ramaiah University of Applied Sciences, IndiaPages 2516 - 2527The Banking Laws (Amendment) Bill, 2024 , introduces critical reforms to modernize India’s banking framework, address regulatory gaps, and enhance financial stability. It proposes amendments to key legislations governing banking institutions, refining governance, capital infusion, and resolution mechanisms provisions. Strengthening the Reserve Bank of India’s regulatory oversight, the bill seeks to bolster prudential norms and crisis management frameworks, ensuring resilience against financial disruptions. Additionally, it redefines the interplay between banking laws and financial sector reforms, aligning regulatory structures with contemporary economic imperatives. By balancing the interests of financial institutions, regulators, and consumers, the amendments strive to foster a more transparent, accountable, and growth-oriented banking ecosystem. The discussion evaluates the implications of these changes on financial inclusion, economic growth, and institutional accountability while also addressing potential challenges in implementation. Through a comparative lens, the analysis considers global best practices and assesses the bill’s effectiveness in reinforcing the structural integrity of India’s banking sector. The proposed reforms hold significant implications for regulatory efficiency, consumer protection, and financial stability, shaping the trajectory of India’s banking landscape in an evolving economic environment.455 views -
Balancing Justice and Mental Health: Unraveling the Complexities of Juvenile Psychology in Indian Law
Student at ICFAI Law School, Hyderabad, IFHE, IndiaPages 2528 - 2557The intersection of juvenile justice and mental health presents a critical challenge within legal frameworks worldwide, requiring a balance between accountability, rehabilitation, and mental health considerations. This research paper provides an exhaustive analysis of the legal, psychological, and neuroscientific dimensions influencing juvenile delinquency, particularly within the Indian legal framework under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). It critically examines the neuroscientific findings regarding adolescent brain development—particularly the underdevelopment of the prefrontal cortex and heightened activity in the limbic system—which contribute to increased impulsivity, risk-taking behavior, and susceptibility to peer pressure. This paper delves into the legal precedents that recognize the reduced culpability of juveniles, drawing from landmark U.S. Supreme Court rulings such as Roper v. Simmons , Graham v. Florida, and Miller v. Alabama , as well as Indian case law, including Salil Bali v. Union of India and Shilpa Mittal v. State of NCT of Delhi. The research also highlights the contradictions between rehabilitation-based juvenile justice principles and the punitive mechanisms introduced through the 2015 amendment to the JJ Act, which allows juveniles aged 16-18 to be tried as adults for heinous offenses. It further critiques the strict liability framework of the POCSO Act, which has inadvertently criminalized consensual adolescent relationships, leading to judicial scrutiny in cases such as Sabari v. Inspector of Police . Empirical data underscores that 65-70% of juveniles in conflict with the law suffer from mental health disorders, such as conduct disorder, ADHD, PTSD, and depression, which significantly impact their behavior and ability to foresee legal consequences . Drawing from comparative legal models in Norway , Germany , New Zealand , and the United Kingdom , the paper advocates for restorative justice mechanisms, juvenile diversion programs, and mandatory forensic psychological assessments before transferring juveniles to adult courts. This research ultimately calls for a paradigm shift from a punitive model to a rehabilitative, evidence-based legal framework that integrates mental health assessments, neuroscientific findings, and restorative justice practices. It proposes legislative amendments, including close-in-age exceptions under the POCSO Act, standardized psychological assessments for juveniles accused of serious crimes, and enhanced judicial discretion to ensure a just, scientific, and rehabilitative juvenile justice system in India.544 views -
Pages 2558 - 2562The introduction of technology and its astronomical use in the society proves to be both a boon and a bane. The 21st century is already known to be the age of advanced technology where the newly invented technologies aim at providing easier standards of living. This advancement of technology simultaneously leads to the growing concern of its misuse against an individual or the society at large. The ever-evolving nature of the Internet of Things (IoT) backed by evolving technologies creates a breeding ground for the cybercrime perpetrators. The rise in technology has left no sector untouched and one of these sectors comprise of the Banking Industry. The banking industry in India forms the backbone of the economy of the nation. The Indian Banking sector has undergone various transformations and one of the significant transformations is the digitization of this sector. With the increase of digitisation of the banks, this sector simultaneously witnessed the surge of cybercrimes making its headlines not only in India but worldwide. This article aims to focus upon the vulnerabilities of the banking sector against the rampant increase of cybercrimes which ultimately leads to the economic losses to a large extent. With India set to become a 5.7 trillion-dollar economy by 2028, according to Economic Times, increasing number of cybercriminal activities pose a potential threat to India’s economy. This article aims to highlight the economic setbacks faced by the Indian Banks due to the increasing surge of cybercrimes and evaluate the legal framework along with the strategies to mitigate the risk of cybercrimes in the Indian Banking sector.295 views
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Evolution of Marriage
Student at SASTRA University, IndiaPages 2563 - 2569The institution of marriage as a human civilization, is a combination of culture, traditions, love, care, affection and understanding which goes beyond simple legal commitment. This Paper talks about the evolution of marriage tracing from the point of view of olden people and also its modern view where people in the society adapt to it accordingly. As the trends and expectations of people change, the institution of marriage has also changed its actual meaning, which goes beyond mere relationships as husband and wife. “Live-in or marriage like relationship is neither a crime nor a sin, although socially it is unacceptable in this country” - Justice K S Radhakrishnan. The above-mentioned was one such example of the transition that has happened in the institution of marriage but there are so many changes that are happening in this modern world which seems to deviate from the cultural and traditional ideas of marriage. This paper examines History of evolution of marriage institutions, Legislation enacted to protect the rights on marriage, institution of marriage in modern society.677 views -
Digital Echoes and Legal Shackles: How Online Misinformation Fuels Anti-Conversion Laws in India and Challenges Global Religious Freedom
Student at CHRIST (Deemed to be University), Delhi NCR, IndiaPages 2570 - 2580This research paper explores the significant influence of digital misinformation and online radicalisation on the perception of forced religious conversions, particularly in India, and its impact on the enactment of stringent anti-conversion laws. The paper examines the interplay between online platforms and public perception in disseminating misinformation, which is further amplified by AI-based tools. This digital environment can manipulate perceptions, fuel social tensions, and create a gap between perceived threats and actual data, ultimately affecting public sentiment and legislative action not only in India but also globally. The research also delves into the historical context of anti-conversion laws in India, tracing their roots from the colonial era through the drafting of the Constitution to the present day, where twelve states have enacted such laws. The paper contrasts the constitutional right to propagate religion with state anxieties about religious identity and control over religious conversion, referencing key Supreme Court cases like Rev. Stainislaus v. State of Madhya Pradesh. Furthermore, it analyses how disinformation spreads through social media using multimodal formats and anti-establishment signals, exploiting user-driven distribution to undermine verified information. Ultimately, the paper aims to bridge the divide between perceived threats and empirical evidence by analysing India's anti-conversion laws in relation to international norms, including Article 18 of the UDHR and the ICCPR, which increasingly contradict these national laws.326 views -
Statewise Uniform Civil Codes and the Federal Dilemma: Fragmentation in The Pursuit of Uniformity
Student at Gujarat National Law University, IndiaPages 2581 - 2601This article critically examines the new phenomenon of state-initiated Uniform Civil Codes (UCCs) in India with regard to their federal and constitutional implications. Even as Article 44 of the Constitution contemplates a UCC for the goal of national integration, recent experience most dramatically in Uttarakhand suggests a state-led, decentralized initiative. By a doctrinal examination of constitutional provisions and court rulings, the research queries if such dispersed application is consonant with the tenor of consistency or defeats the larger aim of legal unification. In terms of analogy to Goa's present civil code and its incorporation as part of a plural legal scheme, the essay contends that state-level UCCs may create further legal fragmentation and dilute India's federal equilibrium. It warns against politicization of reforms to personal law and demands a harmonized but plural national framework respectful of diversity without legal chaos. Finally, the paper promotes a centrally deliberated model that can provide constitutional congruence and prevent further aggravation of regional legal asymmetries.347 views -
Constitution and Gender Justice
Assistant Professor at Chandigarh Law College, Jhanjheri , Mohali, IndiaPages 2602 - 2606India's Constitution, with its progressive values of justice and equality, is the foundation for gender justice in the nation. By examining the relationship between constitutional provisions, judicial interpretation, legislative reforms, and societal issues, this article seeks to understand India's legal and constitutional framework for gender justice. Although the Constitution protects fundamental rights like equality before the law, sex-based discrimination is prohibited, and women's welfare is specifically addressed, its implementation has been fraught with difficulties. The complete achievement of gender justice is still hampered by sociocultural norms, economic inequality, and patriarchal society systems. This paper assesses the advancements and obstacles in gender equality by examining significant legislative reforms like the Sexual Harassment of Women at Workplace Act of 2013 and the Domestic Violence Act of 2005, as well as seminal court rulings like Vishaka v. State of Rajasthan and Shah Bano v. Union of India.656 views -
A Study on Examining the Impact of Patent Protection and Right to Health
LL.M. Student at Sathyabama institute of science and technology, IndiaPages 2607 - 2615The right to health is a fundamental right that is guaranteed to all human beings, regardless of their religion, region, or race. Everyone has the right to get adequate healthcare for themselves or others they care about and loves. Access to healthcare services should not be restricted based on age, gender, race, geography, religion, or political affiliation. The exclusive focus of this article only discusses the impacts caused by patent protection on accessibility of essential medicine. In this situation, it is frequently argued that increased drug prices due to patent protection have a detrimental effect on patients access to medications. The right to health and "having access to healthcare treatment" are also included in the right to life. Every effort must be made by the government to ensure that its citizens have access to life-saving medications. The paper looks into the relationship between India's pharmaceutical sector and patent law in regard to the right to health. The patent system in India and globally how patents increase the price of medications, especially in developing nations and how this hinders people's ability to get the care they require, as well as appropriate ways that might improve the accessibility of medications in India.433 views -
Pages 2616 - 2628The Constitution of India guarantees Fundamental Rights to all citizens, forming the cornerstone of democracy and ensuring individual liberty, equality, and justice. However, the level of awareness and understanding of these rights among the youth, particularly students, plays a crucial role in strengthening democratic values and active citizenship. This study aims to assess the awareness and comprehension of Constitutional Fundamental Rights among students in Himachal Pradesh. Using a mixed-method approach, data was collected through questionnaires from a representative sample of students in Himachal Pradesh University Shimla. The findings reveal significant gaps in knowledge, with many students displaying only a basic or superficial understanding of their rights. Factors such as educational background, curriculum exposure, media influence, and parental awareness were found to influence students’ knowledge levels. The study underscores the need for more comprehensive civic education and interactive learning strategies to promote constitutional literacy among young learners. Enhancing awareness of Fundamental Rights is essential not only for personal empowerment but also for nurturing informed and responsible citizens.796 views
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This research paper provides a comprehensive analytical study on the future of privacy in the age of artificial intelligence (AI), focusing on the dynamic interplay between these two crucial domains. As AI continues to advance, its capabilities in data collection, processing, and predictive analytics are expanding at an unprecedented pace, raising significant concerns regarding individual privacy, data security, and ethical governance. The study critically examines the evolving landscape of AI-driven data practices, shedding light on both the opportunities and challenges that arise from their widespread implementation. On one hand, AI presents remarkable opportunities for enhancing privacy through the development of robust privacy-preserving technologies, such as federated learning, homomorphic encryption, and differential privacy. These innovations have the potential to enable secure data utilization without compromising individual confidentiality. On the other hand, AI-driven surveillance, profiling, and decision-making mechanisms pose substantial risks, including unauthorized data access, algorithmic bias, and a lack of transparency in AI models. This paper delves into the legal, ethical, and technical dimensions of AI and privacy, analyzing global regulatory frameworks such as the GDPR, India’s Data Protection Act, and other emerging legal frameworks aimed at safeguarding digital rights. Additionally, it explores the need for enhanced accountability mechanisms, ethical AI governance, and policy interventions to strike a balance between innovation and privacy protection. By addressing these complexities, this study ultimately provides recommendations for building a privacy-conscious AI ecosystem, advocating for a future where AI can be leveraged responsibly while upholding fundamental rights to data security and individual autonomy.578 views
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Beyond Borders: The Evolving Dynamics of Tariffs and Trade
Student at AURO University, Surat, IndiaPages 2642 - 2648A famous author and economist, Adam Smith, once said, ‘The wealth of nations is not measured by the gold and silver in their coffers, but by the goods and services they produce.’ Tariffs have become a powerful catalyst in international trade with protectionism and economic disruption influencing the wealth of nations. This article aims at the present trends and tariff implications, focusing on issues such as how tariffs support local industries on one end while causing havoc within global supply chains on another. U.S.-China trade war displays a real case on how the distribution of tariffs diversifies trade and inflames geopolitical tensions. For example, it benefits countries like Vietnam due to a realignment of trade flows and has created problems for other areas of the economy, particularly electronics and seafood. In particular, the U.S. imposed tariff on the imports from China by 10% up to 25% for importing goods from Canada and Mexico along with an even coverage 25% tariff on steel and aluminium items. These measures are not likely to draw, beyond the stated ends of trade balance in growing manufacturing, much influence towards overall escalation in tensions or instability across the globe. Overall, world trade reached US$33 trillion in 2024, mainly induced with a 9% increase in services. In contrast, this suffered a severe momentum slowdown in the last half of the year, especially among the developed economies. With regard to India, the newly imposed tariffs in the U.S. seem to pose grave threats to export sectors, particularly electronics and gold. Still, the country is looking to have robust growth performance in terms of economic numbers, showing its resilience in handling complex trade issues. The study concludes by emphasizing the need for businesses and policymakers to adopt new paradigms along which emerging economies will evolve with time, and in this regard, strategic thinking such as diversification of supply chains and increased diplomacy is useful.437 views -
Technology and Compliance in Securities Market in India
Student at Amity Law School, Amity University, Kolkata, IndiaPages 2649 - 2659India has become a testimony to witness significant developments in compliance and technology in the securities market. The Securities Exchange Board of India plays a vital role in the regulation of the securities market in India. It was established for the smooth functioning of the market and to protect the investor interests. As, technology has in many ways become a boon for mankind, the role of information technology, artificial intelligence and other technological advancements has paved its way and delved into the Securities Market enabling individuals to purchase stocks at ease. After scams such as Harshad Mehta case various initiatives have been put forward to protect the investors interest and prevent any malpractices in the securities market. It can also be seen that India has also been leveraging compliance with the help of technology such as different AI strategies, Blockchain, Reg Tech and Fin Tech as these ensures that all the legislative framework governing securities market is at compliance with the laws. Compliance is one of the key features that denotes market integrity, is being influenced by rapid technological advancement which is dealt in this paper. This paper gives an overview on how technology is facilitating compliance and deals with various types of technologies which is aiding in compliance.480 views -
Pages 2660 - 2670Since cyber technology is changing everyday, the way of crime committed using it is also changing thus putting the users who use technology in harms’ way. One such crime is Virtual Rape. In the simplest manner virtual rape can be termed as when a person is sexually assaulted or is a victim of sexual harassment but not in the physical world rather in the cyber world. The cyber world is already being threatened with different kinds of cybercrimes but it also needs a reformation for the concept of virtual rape as well. The virtual rape although does not happen physically but the online character or avatar of a person in any online platform gets sexually assaulted by other characters present online. As of now there is no law available to curb such crime, because till now we have not been able to define virtual rape as to what would constitute such crime and what are the ingredients necessary to conclude that a crime of virtual rape has been committed. This paper will be divided into six parts. The first part is introductory and will discuss about what is rape. The second part will discuss about the cyber world. The third part will discuss virtual rape and even though it has not been defined as of now what should be a basic definition of virtual rape. In the fourth part we will reflect upon the technical aspects related to virtual rape. In this chapter we will also discuss what are the technical flaws as of now due to which such crimes are committed. The fifth chapter will focus on the legal aspects related to the crime of virtual rape and the laws that need to be made in order to declare such acts as crime against people. This chapter will try to provide a legal definition of virtual rape that may come within the scope of both criminal laws as well as cyber laws. Apart from this, the chapter will also try to look upon any existing laws related to virtual rape and what are the changes that need to be made in order to provide a strong legal system against such crimes. The final chapter will discuss the conclusion and suggestions that need to be given against such acts of crime.760 views
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The Rule of Law Perspective of Military Conscription – Is It a Mere Means to Justify Ends?
Assistant Professor at Siddhartha Academy of Higher Education (Vijayawada), IndiaPages 2671 - 2680The concept of ‘Rule of law’ is a celebrated legal philosophy and socio-political objective. In theory, it facilitates democratic functioning of a state, and guarantees legal certainty to the citizens. The essay argues how the notion of ‘Rule of Law’ is being perceived as a means to justify unpopular or unwarranted state actions, by studying the inherent treatment of the principle of ‘Rule of law’ in the practice of military conscription. The essay examines how the idea of conscription is wrongly perceived to unconditionally uphold the principle of ‘Rule of law’; and how in practice conscription policies actually exhibit tendencies vitiating certain ‘Rule of law’ values like accountability, certainty, proportionality, and legality. In contemporary legal systems, these ideals are the basic expectations from military functioning. The essay firmly negates the rhetorical insistence of military conscription being a flag bearer of the doctrine of ‘Rule of law’ and underscores the importance of prioritizing free-market recruitment. Alternatively, if conscription is indeed employed, it is emphasized that the practise ought to be supported by a robust legal framework and active executive accountability to ensure that the system upholds the principles of ‘Rule of law’ without compromise.356 views -
Pages 2681 - 2698The article examines the need for a gender-neutral law on sexual harassment in the workplace, with some critiques of the gaps in the available legislations, particularly regarding protection for men and the third gender. The article traces the development of laws for the protection of women from sexual harassment in the workplace from the landmark Vishaka judgment of 1997 and the enactment of the Sexual Harassment of Women at the Workplace (Prevention, Prohibition, and Redressal) Act, 2013. It also traces the legislative history of the Protection of Women against Sexual Harassment Bill, 2010, with special emphasis on the key objections raised during the course, namely the gender-specific nature of the law itself. The article states that, although the bill seeks to ameliorate some conditions of workplace harassment, it does very little in terms of accepting the wide ambit of sexual harassment with respect to all genders, especially regarding men who are becoming increasingly victims of workplace harassment by women in a position of power. A case for a redefined perspective on sexual harassment laws is made in favor of gender neutrality, which would safeguard all in equal measure regardless of gender, age, or social status. The absence of provisions for the third gender is again criticized in the existing framework, which also suffers for want of an enforcement mechanism backed by empirical data. From a juxtaposition with some progressive international norms, the article argues that the approach towards workplace harassment legislation should, therefore, take into account the changing social mores and defend the rights of all employees. To conclude, the article proposes that though the 2013 Act represents some measure of achievement with regard to the protection of women, there is also an urgent need for India to implement an inclusive law that extends full protection to all workers from sexual harassment.453 views
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Intellectual Property Rights and International Trade: Balancing Innovation and Access in Global Markets
Student at AURO University, Surat, IndiaPages 2699 - 2706In a time when innovation is accelerating, intellectual property rights, or IPRs, are now crucial to the dynamics of international trade. In addition to being legal tools, intellectual property rights (IPRs), which include patents, copyrights, trademarks, and trade secrets, are also economic drivers, geopolitical tools, and development gatekeepers. IP clauses are used to safeguard national interests, increase competitiveness, and encourage technological advancement as nations negotiate trade agreements. However, there are serious equity concerns about the incorporation of IPRs into trade agreements. High-income countries frequently demand strict protections, while developing nations argue that doing so would limit their access to knowledge, technology, and medications. Global calls to temporarily waive TRIPS provisions for vaccine access brought these tensions to light during the COVID-19 pandemic. Often adding "TRIPS-plus" criteria exceeding the WTO framework, trade agreements such as TRIPS, USMCA, and CPTPP now shape the legal environment of IP enforcement worldwide. Although this encourages creativity and investor confidence, especially in health, agriculture, and the digital economy, it may reinforce monopolies and increase disparities. Former WIPO Director-General Francis Gurry correctly observed, "Intellectual property is not just about wealth creation; it is about cultural enrichment and societal well-being." This attitude emphasizes the importance of considering how IP systems influence human development, equity, and cultural sustainability outside of economic measures. Tracing historical treaties, emphasizing practical examples, and providing ideas on how the world can more equitably balance innovation motivations with fair access, this blog investigates the interaction between IPR and international trade. Recent events like the U.S.-China trade agreement and EU-India FTA talks have raised the stakes of achieving this balance correctly more than ever.403 views -
Understanding Specific Transfers under Property Rights: Gift, Actionable Claims, and Lease under Indian Law
Student at Amity University Lucknow Campus, IndiaPages 2707 - 2723This research paper provides a comprehensive examination of specific modes of property transfer under Indian law, focusing on Gifts, Actionable Claims, and Leases as governed by the Transfer of Property Act, 1882. These forms of transfer represent distinct legal mechanisms, each with its own set of principles, statutory provisions, and implications. This paper undertakes an in-depth doctrinal and analytical study of specific categories of property transfer under Indian jurisprudence. These legal constructs, though varied in their form and function, collectively form a critical foundation of property law and transactional jurisprudence in India. The study elucidates the conceptual underpinnings and statutory formulations governing gratuitous transfers (gifts), tangible enforceable rights (actionable claims), and contractual transfers of enjoyment (leases), while simultaneously examining the substantive and procedural requisites essential for their validity and enforceability. The section on gifts comprehensively examines both voluntary transfers without consideration, and the nuanced doctrine of onerous gifts, highlighting judicial interpretations that impact donative intent, acceptance, and revocability. The analysis of actionable claims explores the legal recognition of unsecured, non - possessory debts and interest, interpreting their transfer ability and procedural implications through statutory mandates and equitable principles. The segment on leases provides a structural classification of leaseholds, from fixed term to perpetual agreements, critically engaging with the essential elements of lease formation, rights of parties, and the formal requirements of execution. Through statutory interpretation, judicial precedents, and illustrative examples, this paper explores, the essential requirements, methods of transfer, and legal consequences arising out of these property transactions. The study highlights the significance of these concepts in both personal and commercial text, elucidating, how property Law balances the interest of all parties involved. The conclusion underscores the critical importance of understanding these transfers not just for legal compliance but also for safeguarding rights and ensuring informed decision making in property dealings. This paper aims to serve as a vital source for legal scholars, practitioners and individuals engaged in property transactions under Indian law. By critically appraising, the inter-relationship between formality, consent, and consideration in property transfers, the paper seeks to advance doctrinal clarity and practical utility. This study not only contributes to academic discourse, but also holds significant relevance for legal practitioners, jurists, and policy makers engaged in the refinement of application of the Indian property law.673 views -
Reproduction of Copyrighted Work by Person with Disabilities: A Critical Analysis
Graduate at National Law School of India University, IndiaPages 2724 - 2733This paper critically examines the interplay between copyright law and accessibility rights of persons with disabilities (PwDs), with a focus on India and the United States. It explores the barriers posed by intellectual property regimes and evaluates whether current legal frameworks adequately serve the needs of PwDs. The analysis focuses on the Indian Copyright Act, especially Sections 52(1)(zb) and 31B, post-2012 amendments, and contrasts them with the US doctrine of fair use. Through doctrinal and comparative analysis, the paper argues that while US law appears more flexible, its factor-based fair use test creates practical challenges when applied to PwDs. The burden of proof, market effect, and requirement for transformation are identified as problematic in access contexts. The paper concludes that India’s hybrid approach, though restrictive, provides a clearer route for rights-based exceptions. A more inclusive and rights-sensitive doctrine is proposed to ensure equitable access to knowledge.429 views -
Pages 2734 - 2753The fast pace of development in Artificial Intelligence (AI) is redefining the landscape of intellectual property right enforcement, especially trademarks. In India, enforcement mechanisms are hindered by procedural delays, backlogs requiring manual processing, and the growing complexity of online infringement. AI can serve as a possibility to update and strengthen trademark protection in these circumstances. This paper delves into the role of AI as an asset for trademark enforcement, with a focus on how it can be used to automate infringement identification, expedite opposition proceedings, track digital spaces, and aid in legal analysis. The paper also discusses international best practices and local innovations, making comparisons to jurisdictions such as the United States, the European Union, and China. While so doing, the paper also takes up pressing issues of algorithmic bias, lack of transparency, data privacy, and the demand for human monitoring. By advancing a series of policy proposals–ranging from regulatory reform and public-private cooperation to data infrastructure development and training stakeholders–the paper imagines a future-focused model of enforcement that is cost-effective, accessible, and rule-of-law consistent. The research concludes that AI, if implemented wisely in India's legal system, can be a revolutionary tool for enhancing trademark enforcement, safeguarding brand identity, and fostering innovation in a more digital and globalized economy.389 views
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Pages 2754 - 2768An unregulated web space known as the Dark Web has become a key operational platform for illegal operations that includes human organ trafficking. The research investigates how technology enables the illegal trade of human organs through the Dark Web relationship with the worldwide organ trafficking crisis. The paper explains how the Dark Web permits traffickers to stay hidden through data encryption along with cryptocurrency which protects them from detection. The research examines the Black-market organ industry where it shows how vulnerable groups become its main targets within a supply and demand structure. Traffickers use Dark Web marketplaces to run illicit organ trafficking operations while escaping detection from law enforcement agencies according to recorded case investigations. The research analyzes both legal and moral concerns about human being merchandise and barrier to global law enforcement. The research solution incorporates artificial intelligence combined with cyber forensic monitoring capabilities alongside stepped-up international cooperation to track Dark Web market participation. This discovery proves that strong new governmental controls and advanced digital solutions and global collaborative strategies are required to fight organ trafficking during this digital age.1,490 views
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Pages 2769 - 2784It has become a global development of the commercial trade in human organs, including trafficking persons to procure organ removal. This report details the current international organ trafficking situation. Often, this is committed by transnational criminal networks. It focuses on the role of the traffickers, international brokers, health professionals, the recipients and suppliers. A number of international organizations have developed a legal framework criminalizing offences of trafficking and corresponding law enforcement instruments addressing the fight and prevention of organ commercialism and trafficking. In detail, a number of recent trafficking cases of which European citizens participated have been analyzed to show what kinds of organ trafficking are taking place and to demonstrate how investigation and prosecution can lead to an effective justice response to such crimes. The EU and other European organizations, such as the Council of Europe or the OSCE, are described as engaging in efforts to come up with binding legal instruments aimed at increasing law enforcement and legal cooperation in the fight against trafficking in organs and formulated policy actions. The observations and recommendations for the EU in order to prepare the next steps to successfully fight against and prevent trafficking in organs and organ commercialism make up the ending of the report.399 views
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Pages 2785 - 2800This paper analyzes the various bioethical and legal issues present during late-term abortions in India, adopting the position that the U.S. pre-Dobbs Roe v. Wade standard of "fetal viability" should be implemented in that country. In India, the Medical Termination of Pregnancy (MTP) Act was amended in 2021, allowing abortions up to 24 weeks under very prescriptive circumstances —but with restrictive gestational limits that do not take into consideration advances in neonatal care nor the nuanced realities of women’s reproductive autonomy. Based on the comparative analysis of the abortion laws in US, UK, and Canada with qualitative insights from Indian health care providers and legal experts, Lastly this paper reveals how fixed gestational limits bring many challenges as they include diagnostic delays, judicial bypass requirement, socioeconomic disparities in access to safe abortion. The study argues India’s existing framework fails to strike an appropriate balance between fetal viability and women’s rights, often driving vulnerable groups to unsafe procedures or at the mercy of prolonged court cases. It suggests a revised, rights-based model that includes viability assessments or UK-style medical panels for post-viability cases, along with a focus on protections such as anti-discrimination language, provider training, and equitable access to health care. The paper highlights the need to address these issues in order to move towards a more compassionate abortion policy that is in line with contemporary medical practices and international human rights standards, and ultimately, one that values women's autonomy and well-being.679 views
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Uniform Civil Code: Challenges and the Way Forward in India
Assistant Professor at Motherhood University, Roorkee, Uttrakhand, IndiaPages 2801 - 2820The UCC has been one of the most contentious socio-legal issues since independence, as it has brought into conflict constitutional uniformity, religious autonomy, and gender justice. Article 44 of the DPSP (Directive Principles of State Policy) states that the state shall secure a Uniform Civil Code for the citizens (in this context, family laws) throughout the territory of India. However, different personal laws according to religion have resulted in legal ambiguities and gender discrimination. It will discuss the historical emergence of personal laws and landmark judgments as “Sarla Mudgal (1995), Shayara Bano (2017) and John Vallamattom (2003)” and the difficulties in enforcement of the UCC. Socio-cultural hurdles compound legal and constitutional challenges, such as the clash of fundamental rights (Articles 25-28) with the directive principles, resistance from minority communities, and political polarisation. Similar debate regarding US-UCC like harmonization v/s uniformity comparison UCC models in particular instances of France and Turkey. AI tools for law are more than its core technologies; they also touch on significant issues where predictive analytics could play a key role in law transparency, policy formulation, implementation of UCC, and ethical challenges. UCC should not be side-lined because of nationalists, argue the authors of this paper, cautioning of a slow and consensual process under a man with a sex agenda. With legislative tinkering, judicial interventions, AI, and innovations, India can build a harmonious and just legal architecture consistent with constitutional principles and cultural plurality.615 views -
Effectiveness of the Doctrine of Magna Carta and the Modern Constitutions with special reference to Human Rights
LL.M. Student at ICFAI University Dehradun, IndiaPages 2821 - 2832The Magna Carta, which changed into signed in 1215, is a crucial file for constitutional law and human rights upkeep. Even although it started out as a feudal charter, its standards—due way, the guideline of law, and the problem of absolute energy—have significantly stimulated the evolution of present day democratic constitutions. Human rights are the focal point of this essay, which appears at Magna Carta's lasting have an effect on on contemporary constitutional frameworks and its doctrinal efficacy. This study explores how present day felony structures have bolstered and maintained the safety of civil, political, and socioeconomic rights, building on the centre mind of Magna Carta. This is carried out through searching at crucial constitutional documents like the US and Indian constitutions and a number of global human rights treaties. The difficulties posed with the useful resource of social, political, and technological troubles as well as the real application of those rights in present day democracies are the subjects of this article. Even though Magna Carta laid the theoretical basis, the have a look at demonstrates that the adaptability and institutional guide of present day constitutions in the long run decide how nicely they uphold human rights within the 21st century.493 views -
The Influence of the Magna Carta on the Indian Constitution: A Comparative Study
LL.M. Student at ICFAI University Dehradun, IndiaPages 2833 - 2845Every government in the world has changed the way they work since the Magna Carta. It's a very important text in the history of the government. People wrote the Magna Carta in 1215 to protect their rights and make sure the government didn't have too much power. It set rules like the need to be safe from power that isn't based on reason, the rule of law, and the right to a fair hearing. These ideas are very clear in the Indian Constitution. It cares a lot about being fair, equal, and free for everyone. Some of the Fundamental Rights are listed in Articles 14, 19, and 21. The answers to these questions are in Article 32. The Magna Carta will live on because of these parts of it. People can't be abused by the government, and these protect their rights. In the Middle Ages, the Magna Carta was first only used by a small group of lords. In the years since then, its ideas have shaped human rights standards, which in turn have changed how open and forward-thinking the Indian Constitution is. The study looks at what the Indian Constitution and the Magna Carta have in common and what makes them different. This is done to show how old ideas have been pushed and changed to work in the democratic government of today573 views -
Pages 2846 - 2857This academic paper examines protecting fictional characters using trademark law as a means to determine the viabilities of preventing their unique aspects and traits. The research focuses on the viability of conditions requiring a character’s recognition as a trademark, character trademarks benefit, and constraints of protecting one's identity via trademarks. It further addresses the worldwide approach towards protecting fictional characters' trademarks, and it specifically examines the United States, European Union, and India. The author contends that though trademark law is capable of safeguarding fictional characters, there exist limitations and nuances involved, especially in protecting their personality characteristics and moral qualities. The study concludes that a balanced approach has to be made in addressing the interests of creators, owners, and consumers in the case of fictional character protection.456 views
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Pages 2858 - 2873Hon’ble Mr. Justice Dr. Dhananjaya Yashwant Chandrachud's dissent in the Aadhaar verdict offers a convincing examination of the ethical, legal, and constitutional implications of Bharat's biometric identification scheme. While the majority upheld the constitutionality of Aadhaar, his dissent challenges the basic assumptions of biometric accuracy, privacy, and government monitoring. He claims that the Aadhaar framework disproportionately affects marginalised individuals, leading to systematic exclusion and perhaps serving as a tool for state control rather than merely identification. His dissent exposes Aadhaar's reliance on unsupported claims about its efficacy and draws attention to its constitutional problems. He raises concerns about the basic right to privacy, data security vulnerabilities, and the unjust burden placed on individuals to verify their identity. In addition, he criticised the government for failing to demonstrate a sufficient state interest, which the proportionality test requires, making the mandatory nature of Aadhaar unlawful. This study critically examines Justice Chandrachud's dissent and its implications for digital governance, privacy jurisprudence, and constitutional interpretation. This study argues that his dissent is a crucial line of defence against the state's unchecked exploitation of technology to expand its power. By examining his assertions on exclusion, surveillance, and judicial excess, this study contributes to the broader discussion on digital rights and constitutional safeguards against governmental overreach.611 views
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Pages 2874 - 2891Child abuse remains a deeply rooted and underreported issue in India, affecting millions of children across both urban and rural landscapes. This abuse, which can be physical, emotional, sexual, or through neglect, causes lasting harm to a child’s overall development. Despite legislative advancements, including the enactment of the Protection of Children from Sexual Offenses (POCSO) Act, 2012, social stigma, fear, and lack of awareness hinder the reporting and redressal of such crimes. The POCSO Act offers a structured legal framework that classifies various forms of sexual abuse and mandates child-friendly procedures during investigation and trial. However, its effective implementation is often challenged by delayed justice, insufficient support systems, and social silence around the subject. Recent legal reforms, such as the introduction of the Bharatiya Nyaya Sanhita (BNS), aim to address these gaps by prescribing stricter penalties and speeding up legal processes. This paper explores the prevalence, causes, and consequences of child abuse in India while critically evaluating the effectiveness of existing legal frameworks. It emphasizes the need for stronger enforcement mechanisms, societal sensitization, and collaborative efforts across institutions to ensure that every child in India is protected, empowered, and given the right to a safe and nurturing environment.582 views
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Pages 2892 - 2901In India's legal and constitutional history, the Sabarimala Temple case is a seminal ruling that tackles the relationship between female equality and religious traditions. According to the Supreme Court, excluding women of menstrual age from attending the Sabarimala temple was a violation of their constitutionally guaranteed fundamental rights. The Indian Young Lawyers' Association brought the lawsuit, arguing that Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, was unconstitutional. The petitioners claimed that these limitations violated Articles 14, 15, 17, 21, and 25 of the Indian Constitution and were discriminatory. The majority finding that women's exclusion lacked the stature of an important religious practice prioritised constitutional values above traditions. While Justice Nariman reiterated that constitutional ideals must take precedence over regressive practices, Justice Chandrachud compared the practice to untouchability under Article 17. Justice Indu Malhotra, on the other hand, dissented, arguing that until a community itself questions its traditions, courts shouldn't become involved in religious affairs. Intense social and political discussions followed the ruling, which resulted in review petitions and the formation of a nine-judge bench to consider more general issues of religious freedom. This case will influence future law on fundamental religious practices by highlighting the constitutional conundrum of striking a balance between gender fairness and religious autonomy. The verdict, which upholds the idea that religious liberties in a diverse and democratic society must be interpreted in light of constitutional morality, continues to be a crucial point of reference in India's developing legal debate on religious rights and equality.1,104 views
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Pages 2902 - 2923This paper explores the evolution and nuances of corporate governance, tracing its development from the pre-independence era in India to the modern frameworks shaping global practices today. The study begins by examining early governance mechanisms during colonial rule, highlighting the influence of British colonial practices on corporate structures in India. It then delves into the post-independence era, focusing on India's transition toward more formalized corporate governance frameworks, influenced by both domestic needs and global standards. The paper further compares governance practices in major jurisdictions, starting with the United States, where landmark regulations such as the Sarbanes-Oxley Act and proxy voting systems shaped corporate accountability and transparency. The governance model in the United Kingdom is explored next, with a focus on the UK Corporate Governance Code, emphasizing board composition, executive pay, and stakeholder engagement. draws lessons from other jurisdictions, including Europe, Japan, and emerging markets, offering valuable insights for governance practices globally. The paper concludes with an analysis of the applicability of these global practices to India, considering the unique cultural, economic, and regulatory landscape of the country. The study underscores the dynamic nature of corporate governance and its adaptation to diverse global contexts.800 views
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Pages 2924 - 2949The institution of Waqf, a cornerstone of Islamic philanthropy, has long served as a vehicle for social welfare and community development. In India, however, the waqf system is marred by legal ambiguities, administrative inefficiencies, and constitutional conflicts, threatening its foundational objectives. This paper critically analyzes the Waqf Act, 1995 and its subsequent amendments, particularly focusing on the Waqf (Amendment) Bill, 2024, through the lens of constitutional principles such as equality, religious freedom, and property rights. Drawing from historical, legal, and comparative perspectives, it exposes the systemic flaws in waqf governance, ranging from unchecked powers of Waqf Boards and exclusion of civil court jurisdiction to widespread encroachment, corruption, and lack of transparency. The study further evaluates landmark judicial pronouncements and case studies from Indian states to underscore the real-world implications of these legal provisions. Drawing lessons from successful waqf management models in countries like Singapore and Malaysia, the paper advocates for a balanced approach that safeguards religious autonomy while ensuring legal accountability and administrative efficiency. It proposes a roadmap centered on digitization, independent audits, inclusive governance, and adoption of technological innovations to modernize waqf administration in India. Ultimately, the research emphasizes the need to align waqf practices with constitutional mandates and global best practices, thereby unlocking its socio-economic potential and fostering communal trust.548 views
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Pages 2950 - 2960The advancement of AI has have blurred lines between human and machine generated work or creativity, raising major legal and ethical questions about ownership of IP rights for work generated and created by Artificial Intelligence. Traditional copyright laws designed to protect the human creators who are struggle to address complexities introduced by the artificial intelligence generated content specifically in determining the authorship. This paper explores challenges of attributing Intellectual Property rights to AI-created works, focusing on legal framework in country like India where authorship disputes have been emerged. Examining the concept of paternity under section 57 of the copyright act of 1957 which emphasizes moral lights rooted in authorship by humans and questions whether AI lacks legal personality can be recognized as author. Also, this paper discusses about the landmark cases of India and real-world examples of “monkey selfie” to highlight gaps in present IP laws. It argues that AI while producing original work, the absence of legal recognition for AI as an entity precludes it from holding copyright, extending the discussion to potential reforms considering whether rights should be assigned to Artificial Intelligence developers, users or left in public domain and underscores the need for evolving IP frameworks to accommodate realities of AI driven creativity in era dominated by technological innovation and advancement.357 views
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Corporate Governance in Startups: Legal Challenges and Frameworks in India
Student at Unitedworld School of Law, Karnavati University, IndiaPages 2961 - 2983Corporate governance plays a pivotal role in shaping the operational and strategic framework of startups, influencing their sustainability, investor confidence, and regulatory compliance. This research delves into the evolving landscape of corporate governance in Indian startups, examining its challenges, opportunities, and alignment with global best practices. While corporate governance in established corporations is well-structured, startups operate in a dynamic and high-risk environment, often prioritizing growth over governance. The study evaluates key governance issues such as transparency, board composition, compliance, and the balance between founder control and investor interests. It explores the regulatory framework governing startups in India, particularly the role of SEBI, MCA, and DPIIT in fostering an ecosystem that encourages accountability while promoting innovation. The research also undertakes a comparative analysis of governance models in mature markets such as the United States and the European Union, identifying lessons that can be adapted to the Indian startup ecosystem. A critical examination of venture capital-backed startups highlights the impact of external investments on governance structures, shedding light on conflicts between founders and investors. Additionally, the study discusses the increasing relevance of Environmental, Social, and Governance (ESG) principles in startup governance, particularly in securing funding from institutional investors. Through an extensive review of literature, case studies, and regulatory analysis, this research presents a comprehensive understanding of corporate governance dynamics in startups. It further evaluates mechanisms such as independent directors, advisory boards, and shareholder agreements as tools for mitigating governance risks. The findings underscore the necessity for startups to integrate governance structures early in their lifecycle to enhance credibility and long-term sustainability. Conclusively, the study proposes policy recommendations to strengthen governance frameworks in Indian startups, ensuring a balance between regulatory oversight and entrepreneurial flexibility, thereby fostering a robust startup ecosystem in India.1,089 views -
Pages 2984 - 2991The dynamic shifts in Intellectual Property Rights (IPRs) in India necessitates a closer examination of the legal complexities arising from the intersection of trademarks and patents. This research paper explores the subtle conflict that arises when inventions patented are later asserted under trademark law. The market benefits from patents which grant exclusive rights to promote development and trademarks ensure brand recognition and protection of reputation. The union of patents with trademarks consistently works against the core purposes established by IPR legislation. The paper conducts an extensive examination of features in the Trade Marks Act of 1999, Patents Act of 1970 and TRIPS Agreement to identify foundational principles of functionality, distinctiveness, and secondary meaning. The study examines worldwide legal practices with focus on American and European Union approaches to identify global benchmarks and best practices. Lastly, it suggests pragmatic reforms so that trademark law is not exploited to maintain post-patent exclusivity thereby sustaining the balance between innovation alongside competitive fairness and consumer welfare in India.511 views
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Pages 2992 - 3013Domestic violence in India is a deeply rooted and multifaceted issue influenced by social, cultural, and patriarchal structures. It encompasses physical, emotional, sexual, psychological, and financial abuse within intimate and household relationships. Despite India's cultural reverence for women, systemic inequalities have made domestic abuse a persistent reality. The challenge in defining domestic violence globally and nationally highlights inconsistencies in legal protection and societal perception. The Protection of Women from Domestic Violence Act, 2005, marked a significant shift by offering comprehensive safeguards beyond the Indian Penal Code. It recognizes the right of women to reside in their marital homes and acknowledges non-physical abuse. This chapter explores the complexity of domestic violence, signs of abuse, and the legislative necessity for protection in India. It advocates for recognizing the broader spectrum of abuse, moving beyond traditional notions, and calls for stronger legal enforcement and societal awareness to ensure justice and dignity for victims.827 views
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Data Protection Laws and Obligation of Data Fiduciaries: A Comparative Analysis
LL.M. Student at Hindustan University, TamilNadu, India.Pages 3014 - 3026Today, personal data in the hands of various actors has become a highly sought-after commodity in the global digital economy. When something is desired, it is also essential to have regulatory laws to collect, process, and transfer personal data. In essence, these laws govern data fiduciaries or data controllers, who are considered to be the ones with a duty of care towards the personal data of data subjects. This paper aims to analyze the history of data fiduciary obligations in the context of a comparison of some significant and influential regimes in the protection of personal data in the European Union's General Data Protection Regulation (GDPR), India's Digital Personal Data Protection Act (DPDPA), China's Personal Information Protection Law (PIPL), and several laws from states in the United States, including the California Consumer Privacy Act (CCPA) and the Utah Consumer Privacy Act (UCPA). Essentially, the study seeks to outline the basic definitions, legal responsibilities, and standards of accountability required by data fiduciaries operating within such jurisdictions. It also elucidates crucial tenets like grounds for lawful processing, consent models (opt-in versus opt-out), minimization of data, transparency obligations, security measures, the appointment of Data Protection Officers, and the rights of data subjects. Added to that, the paper further describes the areas of disagreement over the differences of scope and extraterritoriality of the laws, with a particular focus on cross-border data flows." The study further proceeds to examine the impact of the tension created by the rights-centered approaches that define GDPR and PIPL against the commercial-mindedness of U.S.-state law, which indicates some areas of convergence and divergence within international privacy standards. This then provides a solid anchor for global businesses, regulators, and policymakers to navigate the complexities of data protection around the world, underlining the need for harmonization in defining personal liability and transparency and protecting individual rights within the framework of our interlinked digital ecosystem.497 views -
Corporate Social Responsibility and Achieving the United Nations Sustainable Development Goal 7 in India
Student at Unitedworld School of Law, Karnavati University, IndiaPages 3027 - 3047This research explores the intersection of Corporate Social Responsibility and the United Nations Sustainable Development Goal 7, which seeks to ensure universal access to affordable, reliable, sustainable, and modern energy. With India’s growing energy demands and ongoing disparities in access, particularly in rural regions, the role of corporate involvement through CSR becomes increasingly vital. The paper critically examines the Indian legal framework—primarily the Companies Act, 2013—and its provisions relating to CSR obligations, to assess how effectively it supports energy sustainability initiatives aligned with SDG 7. Using a doctrinal research methodology, the study evaluates existing statutes, policy documents, and case studies to understand the extent of corporate engagement in clean energy projects. While several large Indian companies, including Tata Power, Infosys, and Mahindra, have undertaken meaningful CSR initiatives in renewable energy and rural electrification, the broader impact remains limited. Contributing factors include the absence of sector-specific mandates, weak regulatory enforcement, limited financial incentives, and lack of awareness among small and medium enterprises. The research argues for stronger legal reforms, including the inclusion of renewable energy in Schedule VII of the Companies Act, mandatory allocation of CSR funds to energy projects, and enhanced public-private partnerships. It concludes that CSR, when strategically directed and supported by a robust regulatory ecosystem, has the potential to significantly accelerate India’s progress toward achieving SDG 7. Strengthening corporate accountability and fostering collaboration among stakeholders are key to making clean energy access a national reality.536 views -
A major worldwide issue that demands immediate legal and regulatory solutions is the spread of child sexual abuse material (CSAM) in the digital age. This research paper analyses the complex legal ramifications of CSAM and assesses Indian and international policies intended to limit its manufacture, distribution, and use. Digital technology has improved worldwide communication, but it has also made CSAM more widespread and persistent. It is frequently disseminated through dark web networks and encrypted platforms, which makes discovery and punishment more difficult. The study emphasises that because CSAM is permanent and contagious, victims experience chronic trauma, which emphasises the necessity of thorough victim-centered legal procedures. The research paper examines the ways in which significant international agreements, including the UN CRC, its Optional Protocols, and the Budapest and Lanzarote Conventions, impact domestic legislation. It evaluates the Information Technology Act, the Protection of Children from Sexual Offences (POCSO) Act, and other legal initiatives critically in the Indian context. It also examines significant court rulings that have influenced CSAM jurisprudence, exposing contradictions and holes that impede efficient enforcement. The paper addresses important legal issues using doctrinal and comparative approaches, such as jurisdictional restrictions, the dynamic nature of synthetic CSAM, and the fine line between child protection and privacy. Additionally, it examines international best practices, the function of structures for international collaboration such as WePROTECT and INTERPOL, and the significance of digital platforms in proactive CSAM detection. In order to guarantee a safer online environment for children, this study ultimately promotes improved legal harmonization, technology cooperation, and survivor-oriented strategies. By suggesting changes to legislation and enforcement tactics, the paper adds to the conversation and brings legal solutions into line with the ever-changing concerns posed by online child exploitation.602 views
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Benami Transactions in India: A Study
Student at Karnavati University, Unitedworld School of Law, IndiaPages 3071 - 3084The historical roots and pre-amendment legal landscape of Benami transactions in India are examined in this research. Indian law primarily distinguished between tripartite (real) Benami arrangements, comprising a transfer to one party with consideration from another for a third party's advantage, and bipartite (sham) transactions, where no genuine transfer of title was intended before the enactment of the Benami Transactions (Prohibition) Act, 1988. By emphasising the rejection of the theory of advancement in India, as seen in Gosain v. Gosain, the paper clarifies this judicial classification and compares it with English law. The research follows the statutory acknowledgement of Benami practices through the Indian Trust Act, 1882, together with subsequent Civil Procedure Code and Income Tax Act specifications. It critically assesses the significant 57th and 130th Law Commission Reports, which called for particular laws to address the underlying problems of Benami transactions. The research also looks at the Benami Transactions (Prohibition) Ordinance, 1988's promulgation and inherent flaws as well as the subsequent Benami Transactions (Prohibition) Act, 1988. These legislative attempts have definitional ambiguity, insufficient enforcement policies, and a narrow scope, especially with relation to sham transactions. Ultimately, this paper emphasises the need of the thorough reforms proposed by the Benami Transaction Prohibition (Amendment) Act, 2016 by stressing the inadequacy of the pre-amendment legal system in properly handling Benami transactions. The paper offers vital background for understanding the development of legal measures meant to avoid and penalise Benami transactions in India by mapping this historical and legislative system.458 views -
Spectrum of Difference: Applying Feminist Critique to Disability Law
Research Scholar in IndiaPages 3085 - 3089The analysis of Nivedita Menon’s work regarding gender binaries serves as a foundation for this paper’s assessment of medicalized and exclusionary structures within Indian disability law. The paper demonstrates how gender and disability represent two categories which society constructs through fluid systems that previously operated under strict societal norms and capitalist productivity standards. By examining legal judgments such as LIC v. Chief Commissioner for Disabilities and Naveen Kumar v. University of Delhi, the paper illustrates how courts have either reinforced or challenged ableist assumptions. The analysis demonstrates the necessity to move away from disability models based on individual patient care to a social system which understands workplace relationships and inclusion. The "ideal worker" standard maintains its basis from gendered and ableist perspectives which results in double marginalization of women and disabled persons. The paper uses an intersectional analysis to expose the dual disadvantage faced by disabled women while advocating for rights-based decision-making processes that prioritize minority community perspectives. This paper recommends fundamental reforms to laws together with institutions alongside cultural elements which should demonstrate human diversity and establish authentic inclusion.329 views -
Judicial Remedies and Constitutional Safeguards Analyzing the Interplay Between Articles 32 and 226
Faculty Associate at KIIT Law School, KIIT University, Patia and PhD Scholar, Xavier Law School XIM University, Bhubaneswar, IndiaPages 3090 - 3097The Indian Constitution enshrines the fundamental right to constitutional remedies, ensuring the protection and enforcement of fundamental rights through Articles 32 and 226. While Article 32 empowers individuals to directly approach the Supreme Court for the enforcement of fundamental rights, Article 226 provides the High Courts with broader jurisdiction, extending not only to fundamental rights but also to other legal rights. This article explores the similarities and differences between these provisions, highlighting their respective scopes, powers, and limitations. The study delves into the five writs—Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto—and their application in judicial review. Key research questions address the maintainability of petitions under Article 32 following dismissal under Article 226 and the extent of the Supreme Court’s power beyond issuing writs. Through an analysis of landmark judgments, this paper affirms that while both provisions serve as crucial mechanisms for upholding constitutional rights, Article 32 remains the "heart and soul" of the Constitution, ensuring judicial oversight and reinforcing the rule of law.1,069 views -
As India navigates the complexities of the digital era, protecting the right to privacy has become increasingly crucial. This paper investigates the challenges and legal implications of privacy in India’s rapidly evolving digital landscape. It begins with an analysis of the Supreme Court's landmark ruling in Justice K.S. Puttaswamy v. Union of India, which established privacy as a fundamental right. The discussion extends to the Personal Data Protection Act, 2023, assessing its role in regulating data privacy and the necessity for potential amendments to the Information Technology Act and other related laws. The paper explores the impact of emerging technologies on privacy protection, focusing on innovations such as blockchain and privacy-enhancing technologies (PETs) that offer new ways to secure personal data. It also highlights the importance of public awareness and civil society’s role in advocating for privacy rights. By integrating legal analysis, technological insights, and advocacy perspectives, this paper provides a comprehensive overview of the current state of privacy protection in India and offers recommendations for future legal reforms. It aims to contribute to a more robust framework for safeguarding privacy in a digital age characterized by rapid technological advancements and increasing data vulnerabilities.1,085 views
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Pages 3125 - 3133The rapid proliferation of Artificial Intelligence (AI), particularly self-driven and autonomous systems, has outpaced the existing legal frameworks governing liability and accountability. As AI systems gain the capacity to make decisions independently of human intervention, traditional criminal law—anchored in human intent, consciousness, and moral blameworthiness—faces profound challenges. This paper critically examines the possibility and practicality of imposing criminal liability on AI systems, with a specific focus on self-driven machines capable of causing harm or violating legal norms. The discussion begins with an exploration of the theoretical limitations of existing doctrines of criminal liability when applied to non-human agents. It then analyzes the potential for adapting legal frameworks, including the "Adaptive Regulatory Framework Theory," to bridge the accountability gap. This theory suggests a dynamic legal approach that evolves with the capabilities and integration of AI, enabling regulators to respond proportionately to emerging risks and responsibilities. Additionally, the paper evaluates the relevance of product liability under civil law and its intersection with criminal accountability. In the Indian context, the Consumer Protection Act, 2019 is examined as a legislative tool that addresses harm caused by defective AI products, especially in terms of consumer safety, service deficiencies, and unfair trade practices. However, the Act’s civil remedies raise critical questions about the adequacy of penal consequences in cases involving gross negligence or autonomous misconduct by AI systems. The study concludes by proposing a hybrid liability model, where human actors—manufacturers, programmers, or users—could face penal consequences under specific circumstances, while simultaneously exploring the need for new categories of liability uniquely tailored to AI. Ultimately, the research argues for a forward-looking legal framework that upholds justice, ensures deterrence, and preserves accountability in an age of intelligent machines.707 views
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This study critically evaluates the role and effectiveness of Alternative Dispute Resolution (ADR) mechanisms in addressing family law disputes in India. As the formal judicial system struggles with overwhelming case backlogs and prolonged litigation, ADR— particularly mediation and conciliation—emerges as a viable, humane, and efficient alternative, especially suited to the sensitive nature of family conflicts such as divorce, custody, and maintenance. The research explores the legal framework governing ADR in India, including the Family Courts Act, Section 89 of the CPC, and the Hindu Marriage Act, along with the contribution of court-annexed mediation centers, NGOs, and the Mediation Bill, 2023. Through doctrinal analysis, case law review, and secondary empirical data, the dissertation assesses ADR’s strengths—like confidentiality, emotional sensitivity, and voluntary compliance—while identifying challenges such as uneven implementation, lack of trained mediators, cultural resistance, and power imbalances. The study also draws insights from international ADR practices and proposes legal and structural reforms to enhance the accessibility, fairness, and effectiveness of ADR mechanisms in the Indian family justice system. Ultimately, the dissertation posits that ADR, when properly institutionalized and sensitively applied, has the potential to transform the resolution of family disputes by prioritizing compassion, dignity, etc.1,108 views
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The judiciary in India has often found itself at the crossroads of proactive intervention and deliberate restraint, continually redefining constitutional governance while navigating the delicate boundaries of separation of powers. Central to this role is the power of judicial review, a cornerstone of India’s constitutional framework that allows courts to examine the validity of legislative and executive actions. Evolving from its roots in colonial-era precedents to its explicit recognition in the Indian Constitution, judicial review has empowered the judiciary to safeguard fundamental rights, check governmental excesses, and uphold constitutional supremacy. This paper, titled "Comparative Analysis of Judicial Activism and Judicial Restraint in India," critically examines the evolving role of the Indian judiciary in interpreting the Constitution, broadening the scope of fundamental rights, and its increasing involvement in policy matters traditionally within the executive and legislative domains. By scrutinizing pivotal court rulings, doctrinal shifts, and cross-jurisdictional comparisons, the study explores whether expansive judicial interventions compromise democratic accountability or if excessive restraint risks judicial abdication. By evaluating the socio-political consequences, and institutional legitimacy of these approaches, the research seeks to determine an optimal balance that upholds constitutionalism without undermining democratic governance.709 views
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Law relating to ‘Cessation of Work’ in India and US: A Comparative Analysis
Assistant Professor (Sr. Scale) at National Law Institute University Bhopal, IndiaPages 3158 - 3171Strikes have played a critical role in shaping the employer-employee relations and management of Industrial affairs with equal bargaining power. ‘Right to Strike’ undoubtedly safeguards the working class against exploitation by any employer while employing them in harsh conditions or depriving them of their legal rights. In this research paper, author has endeavoured to present a comparative analysis of the legal frameworks governing the cessation of work i.e., ‘Strike’ in India and the United States while focusing on the implications of strikes and consequential labour rights. It highlights the historical significance of strikes in shaping employer-employee relations and the evolving legal landscape that has affected their relevance over time. The paper also addresses the societal impact of strikes, suggesting that the public often bears the brunt of labour disputes. While examining the Indian legal framework upon the anvil of labour welfare, author has emphasised upon the complexities surrounding the legality of strikes and the consequences workers face, such as loss of wages during strike periods. The research paper also discusses the enforcement of the National Labor Relations Act (NLRA) in the US and its shortcomings in protecting the right to strike. Author has analysed how the ‘right to strike’ is often undermined by the Mackay doctrine that allows employers to hire permanent replacements for striking workers. This aspect raises concerns about the effectiveness of strikes as a tool for workers seeking better conditions and pay in US. Ultimately, the research paper underscores the need for a nuanced understanding of labour rights and the challenges faced by workers in both jurisdictions, advocating for reforms that enhance protections for employees engaging in collective actions.367 views -
Pages 3172 - 3187MSMEs are seen as the engine of national economic progress, as they can engage large numbers of young people and the poor and thus increase productivity and community income for low-income groups. However, there is a need of strengthening MSMEs, by utilizing latest technology like AI, Digitalization, making awareness among people about scheme. This study uses qualitative research using a literature review method. For this research, literature was sourced from google scholar using the search terms "SCHEME", "AI", "DIGITALIZATION", "SUSTAINABILY" in MSME. This study reviewed articles from 2019 to 2025 and presents the findings in a comprehensive manner. The objective of this study is to review existing literature based on technology and scheme utilized and sustainability in MSME sector. This research will assist scholars and educators within the fields of MSME sector. Literature reviews are important to map the existing study problem and develop further knowledge and to find research gap. Based on the existing article findings of the study suggests adopting AI, digital transformation and acknowledging scheme, sustainability will improve the MSME sector to the competitive global level businesses.404 views
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From Data to Trust: Understanding Consumer Engagement in the Age of Privacy Concerns
Student from Christ Academy Institute of Law, Bengaluru, IndiaPages 3188 - 3202The relationship between consumers and media is a very fascinating and dynamic interplay, which shapes our daily lives and influences societal trends. As technology evolves, the way consumers interact with media changes, leading to profound changes in the way brands communicate and connect with their audiences. This will be 2024 when data-driven marketing is going to become increasingly important for social media sites. An important gap in this respect remains the question of how the growing concern over data privacy affects consumer trust and engagement with brands. Though research does exist on the effectiveness of social media marketing, often such research overlooks the consequences of privacy issues that are surfacing from targeted advertising and data collection practices. In fact, with more people becoming aware of their digital footprints and how data could be misused by brands, skepticism is rising about brands that rely greatly on data analytics in marketing efforts. This study probes into the level of data usage transparency as it has an effect on consumer's perception regarding authenticity and credibility in brand communication. The digital platforms have now empowered the consumer to be an active instead of being the receptive mass which modifies or influences content through feedback as well as social sharing that creates a feedback loop because through them, media adapts more to consumer preferences and fosters a culture of personalization and immediacy. By this analysis, it will be realized that the relationship between privacy issues related to consumers and willingness for consuming personalized content can assist marketers in finding a suitable balance between effective targeting of audiences and ethical considerations in that targeting. Technologies including AI, AR, VR play a vital role to assist brands in creating such content that resonates individual preferences. However, with the increasingly discerning consumer, brands have to be more transparent about the use of their data. Such heightened awareness forces brands to talk openly about their values, sourcing practices, and social responsibility initiatives. Authenticity, which was once a choice, has now become the key to establishing a long-term relationship with an ethically conscious consumer. This complex tapestry of engagement, personalization, authenticity, and transparency has to be made out of threads that connect consumers and media. As the technology becomes more advanced and consumer expectation continues to change, there is a need for the brands to respond to these changes to be successful. By embracing the active role that the consumers play in shaping media narratives and ensuring that true connections are made through creative approaches, it is through this that the brands achieve loyalty and succeed in such a competitive marketplace. The relationship promises great potential and, therefore, transforms the way in which we experience media within our everyday lives.384 views -
Delimitation Balancing Representation in Democracy
Student at National Law University, Delhi, IndiaPages 3203 - 3220This paper analyses the complex dynamics of electoral delimitation as an essential mechanism for ensuring equitable representation in a democracy, referencing India's changing socio-political and demographic context. Delimitation, based on the democratic concept of "one person, one vote," aims to rectify demographic disparities and provide proportional representation in parliament. This paper examines the historical and constitutional evolution of delimitation in India, emphasising significant milestones such as the suspension of constituency borders by the 42nd and 84th Amendments and its impending expiration in 2026. This paper critically analyses the long-term freeze's effects, focusing on the increasing imbalances in representation among states with varying population growth rates. The research uses empirical approaches such as the Webster method to model future seat redistributions and delineates the political, administrative, and ethical challenges inherent in the delimitation process. The research aims to identify worldwide best practices and problems by drawing on comparative experiences from the United States, United Kingdom, South Africa, and Australia. The study further advocates for reforms focused on transparency, technology convergence, periodic evaluations, and more institutional autonomy. Finally, it argues that without the adoption of a deliberate, inclusive, and constitutionally sound framework, the forthcoming delimitation may worsen regional disparities and undermine India's democratic structure.540 views -
Pages 3221 - 3242In this paper, we explore the evolution of labor rights, gender equality, and social justice in the context of landmark judgements of the Supreme Court of India. Articles 14, 15, 16, 19, 21, 23, and 39 talk about certain constitutional mandates and in this paper, we will apply judicial activism to interpret and enlarge these mandates to extend protection to the marginalized and vulnerable sections of society. This paper discusses landmark judgments such as in Vishaka v. State of Rajasthan, where guidelines were laid down to prevent sexual harassment at the workplace; Air India v. Nargesh Meerza, where gender discrimination in employment regulations was examined; and Bandhua Mukti Morcha v. Union of India, which enunciated the right against bonded labor as one such example where the judiciary began to assert itself as a strong institutional mechanism to protect the constitutional ethos of equality and dignity. Further, it covers judgments including M.C. Mehta v. State of Tamil Nadu, which attempted to eliminate child labor, and Consumer Education and Research Centre v. Union of India, where the focus was on the right to health and medical care for workers. These concepts indicate that the interpretation by the Court of the right to life in Article 21 encompasses the right to livelihood, dignity, and humane working conditions. Nonetheless, the paper stresses the role of the Supreme Court in effecting transformational changes in the labor and gender justice domain. Though backs in the legislation and inaction on the part of the executive remain, the judicial pronouncements have become a vital tool for social transformation and empowerment. On the flip side, implementation of such judgments is a challenge; hence, awareness, accountability, and concerted action on multiple fronts are needed from all stakeholders to fulfil the dream of an egalitarian society.514 views
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Unravelling the Misinterpretations Surrounding Search and Seizure Provisions: The Endangered Side of Criminal Procedure
Student at O.P. Jindal Global University, IndiaPages 3243 - 3251This paper critically examines the evolving challenges of search and seizure procedures in the context of criminal law and the current digital age, with a special focus on the shift from the Code of Criminal Procedure, 1973 (CrPC) to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It explores the extent to which these legal frameworks address or rather fail to address the complexities of the digital era, where technology has significantly reshaped both privacy and investigative processes. Through a constitutional lens, particularly Article 21 and the jurisprudence on the right to privacy, the paper questions whether procedural safeguards have meaningfully evolved to keep pace with the intrusive capacities of digital surveillance and forensic technologies. By analyzing key cases such as the infamous Bhima Koregaon arrests, the paper reveals the systematic risks of misusing search and seizure powers, especially in cases involving digital evidence. It argues that the lack of statutory clarity on digital searches leaves individuals vulnerable to overreach and violation of due process. The BNSS, despite its promise of an ‘anti-colonialist’ structure, continues to carry forward ambiguities and archaic assumptions from the CrPC, missing an opportunity to strengthen rights-based protections in the investigative process. The paper also examines the role of investigative often with little judicial oversight. This raises serious concerns regarding evidentiary authenticity, potential planting or manipulation of data, and overall accountability. Ultimately, the paper urges for a reimagination of procedural law that aligns with the digital realities of the current era. It advocates for interpretive sensitivity from courts, legislative specificity on digital search protocols, and stronger data protection norms to uphold the rule of law and prevent the erosion of civil liberties under the guise of national security or public order.669 views -
Pages 3252 - 3261India's commitment to democratic decentralization, primarily through the 73rd Constitutional Amendment Act, established Panchayati Raj Institutions (PRIs) as the third tier of governance. However, realizing the full potential of PRIs has been fraught with challenges related to funds, functions, functionaries, capacity, and transparency. This article explores the transformative potential of Information and Communication Technology (ICT) in addressing these challenges and empowering PRIs. It examines various e-governance initiatives implemented at the local level, analyzing their impact on administrative efficiency, financial management, service delivery, transparency, accountability, and citizen participation. While acknowledging the significant opportunities offered by technology – such as improved planning through the Gram Panchayat Development Plan (GPDP) portal, transparent financial management via e-GramSwaraj, and enhanced land records management through SVAMITVA – the article also critically assesses the persistent hurdles. These include the digital divide (access and literacy), infrastructural deficits (connectivity, power), capacity building needs among PRI members and functionaries, data security concerns, and the challenge of ensuring inclusivity. The study argues that technology, while a powerful enabler, is not a panacea. Its successful integration requires a holistic approach encompassing robust infrastructure development, targeted digital literacy programs, user-centric application design, strong institutional support, and mechanisms to ensure that technology complements, rather than replaces, traditional participatory processes. Ultimately, leveraging technology effectively is crucial for transforming PRIs into vibrant, accountable, and truly empowered institutions of self-governance, thereby deepening grassroots democracy in India.586 views
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Pages 3262 - 3272The 73rd Constitutional Amendment envisioned Panchayati Raj Institutions (PRIs) as vibrant hubs of local self-governance, necessitating active and informed citizen participation. However, realizing this vision faces hurdles like limited citizen awareness, inadequate capacity to engage with governance processes, and often passive participation in forums like the Gram Sabha. This article explores the potential of Information and Communication Technology (ICT) as a catalyst for overcoming these challenges and directly empowering citizens within the PRI framework. It examines how ICT can enhance citizen capacity by improving access to information, facilitating knowledge acquisition about rights and schemes, and supporting digital literacy. Furthermore, it analyzes the role of various ICT platforms – from grievance redressal systems to potential tools for participatory planning – in fostering more active, informed, and inclusive citizen participation. While highlighting the transformative opportunities, the article critically evaluates the significant barriers, particularly the digital divide (access and literacy), the risk of technology exacerbating exclusion, concerns about data privacy, and the need for institutional responsiveness. It argues that leveraging ICT for genuine citizen empowerment requires strategic interventions focused on universal access, comprehensive digital literacy, user-centric and inclusive application design, robust data governance, and the seamless integration of online tools with offline participatory mechanisms. Ultimately, a citizen-centric approach to ICT deployment is crucial for translating the potential of e-governance into tangible empowerment and strengthening grassroots democracy in India.432 views
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Cyber Security Response Mechanism
Assistant Professor at Asian Law College (ALC), IndiaPages 3273 - 3283Cyber security challenges demands States to be well-equipped with proactive responses to shield information and communication technology against cyber crimes. Newness in computer related criminal offences has empowered hackers to vandalize the digital communication systems causing privacy concerns for business organizations and security concerns for sovereign States. Hackers are perceived as obsessive people who voluntarily disrupt the integrity of computer systems jeopardizing sensitive information stored therein. Emerging cyber security breaches demands complacent legal regimes to implement cyber specific legislations for identifying computer vulnerabilities and to safeguard individuals, business organizations and government from criminal misconducts in cyber space. Increasing reliance on digital technology has led to tightening the legislative noose on unauthorized access to programs or data held in internet devices. The concept of ‘authorization’ or ‘unauthorized access’ to data needs refinement since lack of ‘due care and appropriate measures’ would most likely fail to establish the culpability of the accused hackers.385 views -
Unraveling the Individual Self: Positive Liberty through the Lenses of Berlin and Gandhi
Graduate from NLSIU Bangalore, IndiaPages 3284 - 3292This article explores the ideological and philosophical contrasts and connections between Mahatma Gandhi and Isaiah Berlin, two towering figures of the 20th century who embodied distinct approaches to liberty, pluralism, and human progress. While Gandhi championed non-violence, spiritual freedom, and a unifying moral truth rooted in tradition and self-discipline, Berlin was a staunch advocate of liberal pluralism, celebrating the incommensurability of human values and the inevitability of conflict in ethical life. Despite their differences, the article uncovers surprising overlaps in their respective concerns—particularly regarding the dangers of monism, the perils of coercive utopias, and the moral cost of imposing singular visions of the good life. By juxtaposing Gandhi’s ethical absolutism with Berlin’s value pluralism, the article invites a deeper reflection on the tensions between freedom and order, universality and diversity, and moral certainty versus compromise. Ultimately, the Gandhi-Berlin dialogue presented herein serves as a powerful intellectual exercise in reconciling opposing paradigms of thought, offering insights into the complex terrain of political morality and the human condition.579 views -
Empowering Women through Gender Inclusivity
Guest Faculty at Department of Law, Tripura University, IndiaPages 3293 - 3303There are end number of predicaments of being a woman. She has been incarcerated from ages, her well-being overlooked and her interests have been jeopardised. Women’s access to rights, opportunities, resources and adequate means for availing them is long due and is indispensable for her emancipation from the shackles of oppression and maltreatment meted out to her since centuries. This paper seeks to portray the pressing need of prioritising empowerment of women via administration of gender inclusivity in social, economic and political fronts. The paper entails the meaning, need and potential barriers that stand in the way of ensuring and inculcating inclusivity of women within every domain of development with an elaborate and extensive deliberation of the international and national stances that have been undertaken to counter and redress the discrimination women have been meted with and thereby giving her the recourse and the amenities to realise her full potential.250 views -
Pages 3304 - 3327DNA, or deoxyribonucleic acid, is the genetic blueprint found in humans and almost all other living things. It is consistently found in nearly all human body cells. The ability of DNA to replicate, or make identical copies of itself, is an essential property. By the 1980s, DNA analysis had become a valuable tool in resolving parentage disputes. DNA forensics has become integral to criminal investigations and judicial proceedings, providing a robust tool for establishing guilt or innocence with high accuracy. Testimonies from eyewitnesses are frequently untrustworthy, especially in high-stress circumstances as while a crime is being committed. Researchers found that memory distortions might cast doubt on eyewitness statements. On the other hand, DNA evidence is more difficult to disprove because it is based on scientific accuracy. Advancements in DNA technology have been pivotal in re-evaluating unsolved crimes and historical cases. Traditionally, DNA analysis is conducted in a laboratory setting, but Rapid DNA technology allows for the entire process to be performed within a specialized machine and computer system. By providing information at the outset of an investigation, Rapid DNA technology enhances crime-solving efforts and offers substantial benefits to the criminal justice system. Numerous studies have demonstrated that expanding DNA testing, generating faster DNA investigative leads, and ensuring the inclusion of all lawfully owed arrestee or convicted offender DNA profiles in databases are effective strategies for solving and preventing crimes, as well as deterring offenders515 views
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Pages 3328 - 3350The quick growth of the online gaming market in India has revolutionized the digital entertainment space, and it has given the creative economy a major boost. The growth, however, also revealed gaps in the country's current copyright system, which lags behind in addressing the interactive, user-centered, and ever-evolving character of online games. This article discusses the Indian gaming industry's legal issues with digital copyright protection, including protection of game assets, user-generated content, rights of streaming, and enforcement mechanisms. By comparing international best practices, the article brings into perspective the inadequacies of the Indian Copyright Act, 1957, in relation to contemporary technological realities. It also provides suggestions for legislative change, standard licensing models, improved enforcement tools, and stakeholder training. The article contends that a forward-thinking, adaptive legal strategy is required in order to safeguard innovation and maintain India's gaming sector's growth in the digital age.499 views
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Pages 3351 - 3360Russia's full-scale invasion of Ukraine in February 2022 represents a profound challenge to the post-World War II international legal order, particularly the prohibition on the use of force enshrined in the UN Charter. This article critically appraises the diverse legal responses initiated by the international community and specific actors. It examines the assertion of the invasion's illegality under international law, contrasting it with Russia's purported justifications. The article analyzes actions within the United Nations system (Security Council and General Assembly), proceedings before the International Court of Justice (ICJ), investigations by the International Criminal Court (ICC), the imposition of unprecedented economic sanctions, and efforts towards accountability for international humanitarian law (IHL) violations. While acknowledging the significant mobilization of legal mechanisms, the analysis argues that their effectiveness has been mixed. Political realities, particularly the UN Security Council veto, enforcement limitations inherent in international law, and challenges in ensuring state cooperation, have significantly hampered the ability of legal responses to deter aggression, ensure comprehensive accountability, or immediately restore peace and security, highlighting both the resilience and the fragility of the international legal framework.458 views
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Access to justice is a fundamental right enshrined in the Indian Constitution, particularly under Article 39A, which mandates the state to provide free legal aid to ensure that justice is not denied to any citizen by reason of economic or other disabilities. This dissertation presents a comprehensive examination of the legal aid framework in India, with a focus on its statutory, institutional, and judicial dimensions. It analyzes the evolution and implementation of the Legal Services Authorities Act, 1987, and evaluates the role played by Legal Services Institutions and Lok Adalats in delivering accessible justice, particularly to the marginalized and economically disadvantaged sections of society. The study critically examines the shortcomings and systemic challenges that continue to hinder the effective realization of legal aid services, including issues of awareness, government apathy, reluctance of legal professionals, and structural inefficiencies. Drawing from judicial pronouncements, empirical observations, and policy evaluations, this research highlights the gap between constitutional promises and on-ground realities. The dissertation proposes several reforms aimed at strengthening the legal aid system, such as improved funding mechanisms, better advocate accountability, integration of legal education with aid initiatives, and broader public awareness strategies. It emphasizes that legal aid should not be viewed as charity but as a constitutional obligation and a crucial instrument in upholding the rule of law and social justice in a democratic society. The findings and recommendations aim to contribute meaningfully to policy discourse and promote a more inclusive, responsive, and equitable legal framework in India.948 views
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Pages 3419 - 3436This research paper examines the evolution of competition law, tracing its origins from the Statute of Monopolies (1623) to modern antitrust frameworks like the Sherman Act (1890) in the U.S., which targeted monopolistic trusts to safeguard consumer interests and market competition. The U.S. antitrust regime, comprising the Sherman Act, Federal Trade Commission Act (1914), and Clayton Act (1914), established foundational principles against anticompetitive practices, mergers, and unfair trade. In India, competition regulation evolved from the Monopolies and Restrictive Trade Practices Act (MRTP Act, 1969), rooted in constitutional directives to prevent economic concentration. However, the MRTP Act faced criticism for its restrictive "command-and-control" approach, inadequate enforcement, and lack of clarity on issues like cartels. Post-1991 economic reforms and globalization necessitated a shift toward market-oriented policies, culminating in the Competition Act (2002). This Act, enforced by the Competition Commission of India (CCI), prohibited anti-competitive agreements, abuse of dominance, and regulated mergers (combinations). The 2023 amendments introduced deal value thresholds, streamlined merger reviews, and addressed creeping acquisitions, aligning India’s regime with global standards. The study highlights the transition from MRTP’s structural focus to the Competition Act’s effects-based approach, emphasizing the role of regulatory bodies in balancing market efficiency, consumer welfare, and economic growth.998 views
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Pages 3437 - 3443To operationalize the Digital Personal Data Protection Act, 2023 (DPDP Act) , the Ministry of Electronics and Information Technology drafted the Digital Personal Data Protection Rules, 2025 and released it through notification dated 3rd January, 2025 to invite public feedback (through objections and suggestions) via MyGov portal (https://mygov.in) till February 18, 2025. It is India’s first comprehensive data privacy legislation. In a quickly changing digital economy, these Rules seek to clarify consent management, child data protection, data retention limits, compliance procedures, data fiduciary duties, and the defence of data principals' rights provided under DPDP Act,2023. In order to guarantee that the framework complies with the constitutional values of privacy, accountability, and transparency, this comment raises issues around ambiguities, enforcement procedures, and inclusion while acknowledging the Rules' progressive goal.399 views
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The Impact of Social Media on Freedom of Expression with reference to Facebook, Instagram, Twitter (X)
LL.M. student at The ICFAI University, Dehradun, Uttarakhand, IndiaPages 3444 - 3455Tech is getting better, so more and more people read news and share it on sites like Facebook, WhatsApp, Twitter, Instagram, YouTube, and more. Apps on the web and phones that let people talk to each other online in different ways are called social media. People in other parts of the country can see what someone writes on social media in another part of the country. That cuts the world down. When people have freedom of speech, no one can stop them from saying what they want. You can also get data and thoughts from anywhere and share them with other people. People in India can share what they know and say whatever they want on social media. Online, we like being able to freely post, write, like, share, etc. On these social networking sites, people have a lot of freedom of speech. But how do we as users act on it? This essay talks about how people can lose their right to free speech on social media.489 views -
The Freedom of Expression and Privacy Rights Positioning in India, UK, USA: A Comparative Analysis
LL.M. student at The ICFAI University, Dehradun, Uttarakhand, IndiaPages 3456 - 3467People should be able to write and say what they want. No matter who you are, you have the right to free speech and to argue in public. India, the US, and the UK all protect this basic right in different ways, according to this study. The First Amendment makes it hard for the government to stop people from speaking out. Freedom of speech means that people can say whatever they want, even if it might upset or offend someone. These laws have their roots in American past. People in the UK also think that the right to free speech and writing is very important. The freedom to do what you want is also very important. Laws from the UK and other countries protect free speech in the UK. Indian law is not as strict about free speech as some other places. This is what the Indian Constitution says you can do. Article 1x9(2) says that to keep people safe, "reasonable restrictions" can be put in place. The country's history can tell you about its views on free speech. They were the first people to fight for freedom and equal rights. It looks at important court cases and events in the law to see how these methods have changed over time. People talk about some bad things these days, like how you can find hate speech and fake news online. To solve these issues, every country needs its own set of plans. We can learn useful things from this study about the different parts of free speech. It reveals how democratic societies deal with this difficult idea while still following the main principles of democracy689 views -
Pages 3468 - 3477The coming of the Insolvency and Bankruptcy Code of 2016 has changed the Indian distressed asset scenario by institutionalizing time-bound insolvency proceedings and creating opportunities for mergers and acquisitions (M&A), mostly those that involve foreign investors. this paper aims to critically examine the intersection of the cross-border merger and IBC regime while also focusing on the legal regulatory and jurisdictional complexities that foreign investors often have to face when they are seeking to acquire an Indian company undergoing insolvency resolution. It also explores the interplay of different laws such as the Foreign Exchange Management Act 1999, the Foreign Direct Investment Policy and other sector-specific regulations, and we will also analyze the case laws in order to understand the cross-border insolvency better.321 views
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Peer Pressure on Indian Adolescence: A Study
Assistant Professor at Shri Krishna University Chhatarpur, M.P., IndiaPages 3478 - 3482In society its normal for young people to worry about their fitting in. During adolescent its mostly find that they seek attention and attraction towards him/herself. Peer group play an important role in adolescent lives, sometimes its on level of pressure. Peer pressure refers to the influence that these group can have on how an individual acts and thinks. We often find out that our childhood peers are attentive to whom they socialize with and discourse about. Peer pressure that affect an adolescent can be negative but sometimes it can be affect positively. Peer or fellow can help each other flourish new skills or excite interest in extracurricular activities, books etc. Though peers can be also have a destructive effect, they provoke to bunk classes, cheat, use alcohol- drugs, steal, share misleading material or make involve in other risk behaviour. In this research efforts to find out risk behaviour among adolescent that have reached at gripping new style, focus to the exert influence on the emotional and social factors on teenager’s nonrecognition.848 views -
The Impact of Parallel Importation and Counterfeit Products on Intellectual Property Rights in E-Commerce
Student at Amity Law School, NoidaPages 3483 - 3495The rapid growth of e-commerce has transformed global trade, providing consumers with easy access to a vast range of products. However, this expansion has also led to the rise of parallel imports and counterfeit goods, creating significant challenges for the protection of Intellectual Property Rights (IPR). Parallel imports refer to the distribution of genuine products through unauthorized channels, which undermines pricing control and brand consistency. Counterfeit goods, by contrast, are fake replicas that violate a company’s intellectual property and pose serious risks to consumer safety. This article examines the impact of both parallel imports and counterfeit goods on IPR, particularly in the context of e-commerce. It provides examples from leading platforms such as Amazon, Alibaba, and Flipkart, discussing how these issues damage brand reputation, disrupt business strategies, and endanger consumers. While e-commerce companies have introduced initiatives to counteract these problems, such as Amazon’s Project Zero and Alibaba’s counterfeit detection systems, these efforts still face significant hurdles. The article also explores the legal frameworks and international agreements designed to combat counterfeiting, including the Anti-Counterfeiting Trade Agreement (ACTA) and India’s National IPR Policy. Additionally, it delves into technological solutions, such as artificial intelligence, blockchain, and image recognition, which are helping to safeguard intellectual property and combat counterfeiting. Lastly, it underlines the importance of ongoing innovation, stronger collaboration, and more effective enforcement to protect intellectual property in the rapidly evolving digital marketplace. As e-commerce continues to expand, it is crucial to ensure that both businesses and consumers can rely on the authenticity of the products they encounter online.547 views -
The Future of Workforce Management in the Electric Vehicle Industry: Opportunities, Challenges, and Strategies for Sustainable Growth
Assistant Professor at Department of Commerce & Management Studies, SAMATA Degree & PG College, Visakhapatnam, IndiaPages 3496 - 3520The electric vehicle (EV) industry is rapidly transforming, influencing labor force and employment structures and requiring new approaches to human capital development. As demand for EVs grows, companies must address challenges in skills development and labor productivity to meet evolving industry needs. The sector presents opportunities in automobiles and transportation equipment, particularly in battery production, software engineering, and sustainable supply chains. However, workforce shortages and the need for continuous upskilling pose significant obstacles. To navigate these challenges, firms must invest in training programs and human capital development while leveraging technological change and automation to enhance productivity. Additionally, industrial policies and sectoral planning methods play a crucial role in shaping a skilled workforce and ensuring a smooth transition to a technology-driven labor market. Collaboration between industry leaders, policymakers, and educational institutions will be essential in fostering a workforce prepared for the technological innovations driving environmental sustainability. This paper examines the evolving dynamics of workforce management in the EV sector and proposes strategies for sustainable growth. By integrating digital tools, fostering workforce adaptability, and aligning with regulatory frameworks, EV companies can maintain their competitive edge in the global transition toward cleaner transportation.419 views -
Compulsory Licensing of Patented Drugs in India Emerging Legal Challenges in IP Protection, Pharmaceutical Advertisement, and Infringement Remedies
Student at Amity Law School Noida, AUUP, IndiaPages 3521 - 3530A crucial topic in the legal and ethical discourse, the Law of Compulsory Licensing of Patented Drugs in India sits at the nexus of IPR law, public health, and pharmaceutical innovation. This article examines the Indian Patent Act's legal framework and how it complies with international TRIPS obligations, emphasizing significant court rulings that have influenced the development of the policy. It examines the moral conflicts between defending patent rights and preserving public health, as well as the worldwide ramifications of India's strategy in comparison to other countries. The economic effects of compulsory licensing are also discussed, taking into account how it affects innovation, foreign investment, and the domestic generic drug industries. Pharmaceutical markets' advertising strategies and compliance issues are also assessed to provide insight into changing dynamics of regulation. The article also assesses how these legal and policy concerns are made more pressing by technological developments in drug development. It outlines upcoming opportunities and challenges, highlighting the fine line that must be drawn between promoting pharmaceutical innovation and ensuring that everyone has fair access to life-saving medications. This article offers a birds’ viewpoint on how India's mandatory licensing laws influence access to healthcare worldwide and the larger intellectual property scene by negotiating these intricate intersections. It concludes by outlining upcoming opportunities and challenges, highlighting the fine line that must be drawn between promoting pharmaceutical innovation and ensuring that everyone has fair access to life-saving medications.501 views -
Agroecosystems Beyond Earth: Ecological and Legal Dimensions of Space Agriculture – Implications for Smaller Countries including Central Asia
PhD. Student at Law School, Beijing Institute of Technology, Beijing, ChinaPages 3531 - 3548Space agriculture, the cultivation of crops in extraterrestrial environments, is emerging as a crucial solution for global food security and sustainable space habitation. This study analyzes space agroecosystems from ecological and legal perspectives, with special focus on implications for smaller nations, including Central Asia. Using document analysis and comparative legal methods, the research finds that while space agriculture offers benefits such as year-round cultivation and resilience to climate challenges, high costs and technological barriers remain significant challenges. The current legal framework, including the Outer Space Treaty and Moon Agreement, lacks specific guidelines for agricultural activities and needs expansion to ensure equitable and sustainable development. This study contributes to shaping international space policy and proposes mechanisms for smaller nations to effectively participate in this emerging field.475 views -
Pages 3549 - 3576Particularly in the framework of public international law, this article investigates the changing function of international courts and tribunals in the peaceful settlement of India's international conflicts. It critically looks at India's involvement and reaction to rulings made by international adjudicatory organisations as the Permanent Court of Arbitration (PCA), the International Court of Justice (ICJ). Examining how these processes have influenced India's legal techniques and diplomatic approaches, the study investigates significant instances like the Kulbhushan Jadhav case, the Indus Waters Treaty conflict, and the maritime delimitation with Bangladesh. The paper underlines India's careful but slowly growing dependence on judicial conflict settlement, offset by its historical preference for bilateral and diplomatic interactions. It also looks at procedural frameworks, jurisdictional issues, and how international decisions affect India's sovereign interests and compliance behaviour. While pointing out shortcomings such enforcement gaps and political opposition, the article emphasises the need of rule-based conflict resolution in promoting international peace by means of doctrinal research and case law study. The results support not only the strengthening of world legal order but also the protection of national interests within a multilateral framework by India with international legal forums by more active and consistent participation. This paper adds to the conversation on global governance and underlines the need of legal diplomacy in modern international relations.580 views
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Pages 3577 - 3603The freedom of the press and the right to privacy are two fundamental rights that are critical to a democratic society. Privacy is a fundamental human right that preserves people's independence and dignity by shielding them from unlawful intervention in their personal life. On the other hand, because it encourages transparency, accountability, and the free exchange of ideas, media independence is crucial to democracy. However, when these rights intersect, conflicts often occur, particularly when someone's privacy is violated by media coverage. The rise of digital journalism, social media, and 24-hour news cycles has given media firms unprecedented access to personal data, which begs the ethical and legal limits of journalism. Well-known examples of press privacy violations, such as sensationalist reporting, unlawful data breaches, and intrusive paparazzi culture, highlight the tension between media freedom and individual rights. Courts, lawmakers, and legal experts around the world fight to reconcile these competing rights so that neither is needlessly in danger. India's robust constitutional underpinnings have led to advancements in its privacy and press freedom laws. While seminal instances such as Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) affirmed the fundamental validity of the right to privacy, Romesh Thappar v. State of Madras (1950) emphasises the significance of press freedom. Nonetheless, issues exist due to the lack of clear legal frameworks outlining the scope of these rights. This paper seeks to provide a balanced examination of the subject by investigating the moral and legal consequences of media freedom in terms of privacy protection.595 views
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Pages 3604 - 3622This paper examines the ongoing developments between insolvency proceedings and mergers and acquisitions (M&A) matters in India through the lens of the Insolvency and Bankruptcy Code, 2016 (IBC). An analysis of mergers with distressed companies focuses on Section 14 moratorium provisions under the Insolvency and Bankruptcy Code, 2016 and demonstrates increasing trends of insolvency-driven M&A deals. During the analysis the report examines the operational role of three major institutions: National Company Law Tribunal (NCLT) combined with National Company Law Appellate Tribunal (NCLAT) and Committee of Creditors (CoC) their part in shaping resolution approaches. The paper places special emphasis on the "Clean Slate Doctrine" that enables resolution applicants to obtain freed enterprises from past liabilities but also examines its impact on creditor protection. The paper evaluates the contradictions that arise between the IBC and the Companies Act of 2013 about valuations and ownership rights along with procedural procedures. Judicial decisions with case examples demonstrate that there exist both implementation challenges and unclear legal provisions. The research suggests creating uniform legal rules while implementing quick managerial approval procedures and implementing the UNCITRAL Model Law as an international standard for foreign bankruptcies. The paper finalizes its argument with strategic and policy and legal suggestions to improve insolvent business transactions as a restructuring instrument throughout India's corporate sector.644 views
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Pages 3623 - 3640Along with kidnapping, abduction and sexual offences, these are all defined under the Indian Penal Code (IPC). Kidnapping (under Sections 359–361) is taking any person, when such person is a minor (for a man, below 16, for woman below 18), of unsound mind, against the order of his lawfull guardian, by force and carried away against his consent. Section 362 of the Indian Penal Code addresses abduction, where it is being compelled or induced to write a place by force or deception. It is not only an substantive offence and carries a severe punishment but abducting is subsidiary and punishable only in case of being accompanied by other crimes like wrongful confinement or ransom. Criminalized by law is the non consensual intercourse in any form including the use of force, fraud or causing or creating any undue threats (Section 375). If the fear or intoxication or misrepresentation of the person involved is such as to amount to involuntary fear and intoxication misrepresentation, the consent is invalid. Additionally Section 375(2) does not provide for an offence even when the case is on non consentual intercourse of a person above 18 years in the case of marial rape. Judicial precedents like Independent Thought v. But Union of India (2017) have reacted partially by making sex with a minor wife (above 15 years age, below 18) criminal, but adult women are not legally safe. However, the psychological impact of sexual violence like revictimization or PTSD makes stronger legal and social reforms even more stronger.455 views
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E-Commerce and its Threat to Cyber-Security: The Legal and the Technological Aspect
Student at Christ University, Delhi NCR, IndiaPages 3641 - 3651E-commerce has emerged as a pivotal pressure in transforming international alternate, providing unmatched comfort and accessibility to consumers and businesses alike. but, this digital evolution has include a parallel upward push in cybersecurity threats, posing huge prison and technical demanding situations. This research paper explores the intersection among e-trade and cybersecurity, studying the widespread cyber threats targeting virtual commerce systems and comparing the effectiveness of cutting-edge felony frameworks designed to cope with those threats. The look at cybersecurity describes the most prominent cybersecurity threats—phishing, square injection, ransomware, denial-of-provider attacks, and payment fraud—and examines how vulnerabilities in e-commerce systems reveal customers to monetary and identification theft. thru designated case research inclusive of the goal (2013), eBay (2014), and Equifax (2017) breaches, the paper highlights systemic safety lapses, the function of company negligence, and the restrictions of current enforcement protocols. The paper critically assesses main regulatory devices, together with the overall statistics safety regulation (GDPR) of the eu Union, the California client privateness Act (CCPA), and India’s facts era Act, 2000 and the proposed private facts safety invoice (PDPB). even though those frameworks goal to enhance digital security and records safety, enforcement inconsistencies, jurisdictional overlaps, and compliance challenges appreciably avert their effectiveness. pass-border e-commerce pastime further complicates criminal accountability and regulatory cooperation, as cybercriminals take advantage of gaps in global jurisdiction and divergent statistics protection requirements. In its concluding segment, the paper proposes complete techniques for reinforcing e-trade cybersecurity. suggestions encompass the harmonization of world cybersecurity legal guidelines through worldwide treaties, the combination of AI-driven fraud detection systems, and the release of public attention initiatives to bolster customer cyber hygiene. The want for a balanced legal method that protects privateness at the same time as allowing effective cyber defense is emphasised.609 views -
Pages 3652 - 3673The present research studies the effectiveness of Lok Adalats in reducing the judicial backlog in the civil litigation system in India. India's constitution guarantees access to justice, but there is a huge pendency crisis, with over 49 million cases pending. Lok Adalats, being home grown Alternative Dispute Resolution mechanisms, have become one of the remedies to this systemic ailment. It also studies Lok Adalats from various lenses including their constitutional and statutory basis, their organizational hierarchy, and a quantitative assessment of how they contribute to case disposal and a qualitative measurement of the quality of resolution in them. From 2016-2023, approximately 31.45 million cases were resolved confirming, statistically, significant contributions towards backlog reduction. Settlement rates averaging 62.3% indicate remarkable efficiency compared to traditional adjudication. Qualitative analysis shows high levels of participant satisfaction and sustainability of settlements greater than 80%. Challenges continue to be experienced in decentralized implementation, capacity development and quality assurance across regions. Comparative study of international ADR frameworks like Japanese Chotei, Philippine Barangay justice, Singapore’s need for differentiation of cases, provides constructive feedback for improvement. The research unveils strategic recommendations through legislative changes, systematic capacity building, technology integration, and comprehensive monitoring frameworks. In a unique contribution to global ADR jurisprudence, the way forward lies in sustaining the lok adalats, as this can be a tremendous tool for appropriate sustainable judicial workload, along with maintaining cultural congruence in settling disputes.856 views
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Death Penalty and Mercy Petition: Examining the Impact of Delay in the Judicial Process
Assistant Professor at Army Institute of Law, IndiaPages 3674 - 3684The most severe punishment that can be bestowed upon a convict is the death penalty. What further increases the mental and physical agony of the convict is the wait for the date of execution. Under Indian law both the Constitutional and Criminal Procedural Laws the right of filling the mercy petition is provided. Both the President and the Governor of the state have the power to commute. The lengthy trial period and further delay in decision of mercy petition add to the mental agony of the convicts. The present paper is an attempt to clarify the position of death penalty and the present judicial stance on commutation of death penalty to life incarceration in case of sufficient delay in decision on mercy petition.769 views -
Pages 3685 - 3693Pharmaceutical patents are essential for the advancement of innovative and enhanced drugs. India is an emerging market for medicines and has undertaken several initiatives in research and development to manufacture its own drugs. Before the modification to the patent statutes, only process patents were permitted for medicines in India. The implementation of product patents via the 2005 Amendment in India's pharmaceutical sector has profoundly altered the industrial environment, offering numerous advantages and concerns. Although these patents have stimulated innovation and matched India with international intellectual property rules, they have also generated concerns about medicine cost and accessibility. To reconcile patent rights with public health requirements, procedures such as compulsory licensing have been used; yet, achieving this equilibrium continues to pose a significant issue. This study examines the implication of Intellectual Property Rights in the development of novel medications. It also concentrates on the influence of TRIPs on pharmaceutical patent innovation both before and after such implementation and the impact of it on the pharma industry. The paper also highlights the legal framework that is surrounding with the grant of product patents and also about the importance of grant of compulsory licensing especially in the pharmaceutical industry. It further discusses about the effect that the introduction of product patents in the pharmaceutical sector industry has brought in along with the challenges in the implementation of the same.382 views
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Pages 3694 - 3717This research paper examines the delicate balance between judicial independence and accountability in India’s higher judiciary, with comparative insights from common law jurisdictions. It analyzes the constitutional and legal framework that shapes this relationship, including landmark Supreme Court judgments that have defined parameters of judicial autonomy. The evolution of India’s collegium system receives special attention, particularly its origins, operational mechanisms, and critiques. The failed National Judicial Appointments Commission (NJAC) experiment represents a pivotal moment in this narrative, highlighting fundamental tensions between judicial independence and democratic oversight. Through comparative analysis with the UK, US, Canada, Australia, and other common law systems, the paper identifies alternative approaches to judicial appointment and accountability. Recent reform initiatives demonstrate incremental efforts toward transparency without fundamental structural changes. The research contributes to constitutional discourse by proposing balanced recommendations that preserve judicial independence while enhancing accountability measures. These include structured transparency protocols, modified collegium composition, formalized selection procedures, and post-retirement safeguards. The findings suggest that India’s exceptional approach to judicial governance requires calibration rather than wholesale replacement, with reforms addressing specific deficiencies while protecting the judiciary’s essential role in constitutional democracy.625 views
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Labour Laws and Social Security in the Age of Artificial Intelligence
Research Scholar, Himachal Pradesh National Law University, Shimla, IndiaPages 3718 - 3735The increase in artificial intelligence and automation is reshaping the global labour market with increased informal employment and destabilizing conventional social security systems. The AI based automation of labour not only threatens jobs but also alters employment patterns, a factor that, in combination with the spread of precarious work arrangements, especially through the gig economy, will undermine better quality employment. According to many critics, workers on short-term contracts or freelance work through digital platforms are often saddled with insufficient social protection, combined with insecure employment and algorithmic management practices that degrade working conditions. This trend has particularly crucial implications for developing countries like India, where about 90% of the employed work in informal employment. Most of these people are deprived of core social security benefits, including access to healthcare, pensions, and protection against unemployment. The growth of the informal sector through AI fuels economic inequality, exposing more vulnerable workers to poverty and social exclusion. In regards to these challenges, the ILO suggests policies that upgrade workers from informal to formal employment and extend social security coverage of all workers. In addition, reskilling and upskilling programs are undertaken by introduction of four labour codes amongst them the Social Security Code, 2020 does mentions about social security but it still there is difficulties in recognizing the different aspects of informal employment. Recently, the Central Government has taken steps by announcing the formation of a social security panels of experts to develop a framework for gig workers, along with the creation of a national portal, e-Shram, to register informal workers. This article explores the evolving definition of informal sector and examines how the changing dimensions of social security which can provide better protection to all workers in this rapidly changing employment landscape557 views -
Pages 3736 - 3744The worrying rise of child exploitation crimes, coupled with child exploitation and abuse in the digital world in India, has left investigators with a big problem as well as the need for a review of laws. Over the years, even with multiple pieces of legislation like the Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the grey area of child exploitation continues to spread in the digital space owing to the diverse threats posed by technology and complexities involving jurisdiction. The study examines the legal provisions and investigative mechanisms that address online child abuse and exploitation while also examining the jurisdictional complexity of cross-jurisdictional cybercrimes. The present study aims to (i) understand the effectiveness of existing legal instruments (ii) evaluate the role of law enforcement agencies in investigating online occurrences of child exploitation (iii) analyse the intermingling of national and international legal systems and (iv) investigate the challenges caused due to the absence of uniformity in jurisdictional enforcement of cyber-crime laws. The methods used will be doctrinal study, case law analysis, and interviews of related stakeholders enforced on law, cybercrime units, and experts in the field of authority. This study is aimed at adding to the body of work in the legal field that is addressing the need for the betterment of India’s existing legal framework for the prevention of India in tackling cybercrimes demonstrating child exploitation. It will provide recommendations on how to better coordinate national and international agencies, potential new legislation, and best practices for effective cybercrime investigations. The national significance of this study is that it would add to the knowledge base as to the challenges and opportunities that face those who seek to combat online child exploitation so that policymakers and law enforcement will have a stronger framework from which to strengthen the national cybercrime response.442 views
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Pages 3745 - 3766The doctrine of ‘Rarest of Rare’ in capital sentencing was evolved by the Indian Supreme Court in “Bachan Singh v. State of Punjab” to restrict the imposition of the death penalty and ensure it is awarded only in exceptional circumstances. Intended as a safeguard against arbitrary executions, the doctrine emphasizes a balance between aggravating and mitigating factors, focusing on whether life imprisonment is unquestionably foreclosed. However, its vague formulation and subjective interpretation by courts have led to inconsistent outcomes, undermining constitutional guarantees under Articles 14 and 21. The judiciary has often invoked public sentiment and “collective conscience” as grounds for capital punishment, blurring the lines between legal reasoning and populist justice. Case law analysis reveals disparities in sentencing even for similar offences, reflecting structural and procedural flaws. The absence of a uniform framework, insufficient consideration of reformative potential, and lack of codified sentencing guidelines continue to pose serious challenges. While judicial innovations such as life imprisonment without remission offer alternatives, they too lack legislative support. This research critically evaluates the doctrine’s theoretical foundation, judicial application, and human rights implications, ultimately questioning its suitability and reliability in a constitutional democracy committed to fairness, dignity, and justice.1,090 views
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Pages 3767 - 3781By the year 2030, the trillion-dollar Indian digital economy will be a vital source of foreign direct investment (FDI) in e-commerce, telecommunications, artificial intelligence, and cloud services. But with such influxes come complicated questions regarding technological sovereignty-the ability of a state to exercise control over its digital infrastructure and data. This paper critically analyzes India’s FDI policy toward emerging technologies by reviewing the nexus concerning liberalization and strategic control. Therefore, doctrinal legal research analyzes various statutes, like FEMA, DPDP Act, and the Telecommunications Act, and important judicial pronouncements like Puttaswamy and Anuradha Bhasin, to conclude about the effectiveness of present-day legal regimes. Insights from China and the European Union provide comparative scrutiny into approaches adopted by countries to safeguard their sovereignty while also drawing FDI. The findings seem to indicate that while being structurally strong, the Indian FDI regime has been rendered weak and ineffective due to innumerable regulatory loopholes, inconsistencies in their enforcement, and geopolitics. The paper recommends specifying FDI caps, making technology transfer mandatory for certain sectors, and improving regulatory coordination. It calls for a hybrid policy that strikes a balance between openness and the national interest so that India can actually become a self-reliant digital superpower. This would require building legal clarity and institutional capacity for sustainable, secure, and inclusive technological development.400 views
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Pages 3782 - 3796This paper analyses the role of artificial intelligence (AI) in improving the security of digital currencies. AI techniques, especially deep learning and machine learning, are recruited to alleviate security threats on digital currency trading platforms and create a real-time risk alert system. In Central Bank Digital Currency (CBDC) projects, central banks engage in discussions about the ethical repercussions of AI use. This paper also highlights the formation of decentralised cryptocurrencies initiated by Bitcoin, which has transitioned from payment method to apparent financial asset. In spite a numerous range of cryptocurrencies, trading challenges equivalent to traditional finance, such as fraud detection, price prediction, etc. Furthermore, the findings emphasize the significant challenges of trust and confidentiality within the banking sector while embracing the complexities stated by contemporary payment systems. Considering all this AI’s paramount role in enacting digital currencies and inspects the impact on monetary policy, banking stability, and recommendations for successful digital currency deployment.358 views
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Pages 3797 - 3802This research paper deals with the concept of electronic voting machine which was still a debatable concept in India. There are many reforms had made regarding to the elections among that the introduction of Electronic voting machine played a significant role in Conduct of elections in a efficient manner. The Electronic voting machine was introduced for the purpose to overcome the challenges in ballot paper system like Time consuming, Proxy vote, Paper consuming, Non eco-friendly etc.., However there are enormous cases filed against the introduction of electronic voting machine. The Supreme court had rejected the cases by saying that introduction of electronic voting machine was used in transparency and verifiability of votes. This paper contributes the advantages, process, Precedents of electronic voting a machine.224 views
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Pages 3803 - 3814The 21st century have seen many industrial development Information and communications technology (ICT) must be used to improve the standard of justice, ease courtroom traffic, and guarantee that cases are resolved promptly. ICTs in the judiciary have been successfully implemented in a number of nations, including Singapore, Canada, and Australia, with positive results. India envisioned and planned the E-Courts initiative to modernize the delivery of justice by automating a wide range of judicial tasks, fully computerizing the subordinate judiciary, and connecting all courts online. The judiciary's issues of a growing backlog cases, rising stagnation of filed cases and unheard-of case disposition delays should be resolved by implementation of new technologies. Any justice system must continue to be relevant, effective, and efficient. The Strategic Plan suggested that, following consultations with the High Courts, the Central Government, State Governments, and other knowledge and service providers, a National Policy and an Action Plan be developed centrally. The Strategic Plan also recommended a three-phase implementation strategy for integrating ICTs into Indian courts in order to achieve more efficient judicial system. The implementation and effects of E-Court system in the Indian Judiciary is discussed.515 views
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Insider Trading Allegations in the HDFC-HDFC Bank Merger and an Analysis of SEBI’s Recent Settlements
Student in IndiaPages 3815 - 3822This article examines the notion of insider trading in the context of the HDFC Ltd.-HDFC Bank merger in India. It discusses how the improper use of Unpublished Price Sensitive Information (UPSI) during corporate deals undermines market integrity and erodes investor confidence. The situation involving a Deloitte employee and his associates illustrates SEBI's regulatory framework and its enforcement actions under the SEBI Act and the 2015 Insider Trading Regulations. It outlines the investigative procedure, sanctions, and settlement approaches implemented by SEBI. The article also underscores the legal, ethical, and governance ramifications of insider trading and suggests enhancements such as advanced digital monitoring systems, employee education, and the incorporation of best global practices to boost transparency, to prevent future infringements, and fortify India's financial regulatory landscape.512 views -
Pages 3823 - 3846This research paper examines the complex interrelationship between data privacy frameworks and consumer protection mechanisms in India’s evolving digital landscape. The paper critically evaluates India’s current legislative framework, focusing primarily on the Information Technology Act, 2000 and its subsequent amendments. These provisions establish limited protection mechanisms for personal data and sensitive personal information. The sectoral regulations in telecommunications, banking, healthcare, and insurance sectors supplement these protections but create a fragmented regulatory landscape. This fragmentation poses significant challenges for consistent consumer protection in data-driven markets. The Intersection between consumer protection and data privacy is particularly evident in the digital economy. The Consumer Protection Act, 2019 has expanded protections for e-commerce transactions but does not comprehensively address data privacy concerns. This gap highlights the need for harmonized approach between privacy rights and consumer interests. The proposed Personal Data Protection Bill introduces potentially transformative changes by establishing data fiduciary responsibilities and robust enforcement mechanisms. Comparative analysis with international frameworks, particularly the European Union’s General Data Protection Regulation, provides valuable insights for developing India’s approach. The GDPR’s consumer-centric provisions offer useful models for balancing innovation with protection. The research identifies implementation challenges including technological complexities, cross-border data flows, and enforcement capacity constraints that must be addressed through multi-stakeholder governance approaches. The paper concludes by proposing recommendations for a harmonized legal framework that effectively safeguards consumer interests while respecting fundamental privacy rights. These include legislative reforms, institutional coordination mechanisms, consumer empowerment strategies. Ultimately, this research contributes to ongoing efforts to develop a comprehensive data protection regime that balances digital innovation with robust consumer protection.561 views
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Pages 3847 - 3852This paper deals with the concept of Anthropocentric and Ecocentric approaches in the context of environment. This paper focuses on the debates, negatives of anthropocentric approach and the shifting of world from anthropocentric to ecocentric environment conservation with special reference to Indian Judicial system. A short history of worlds shift of approach has also been discussed in this paper.371 views
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The Decline of Labour Unions in the 21st Century: A Comparative Analysis of the 2022 All India Bank Strike and Historic Textile Mill Strikes
Student at Symbiosis Law School, Hyderabad, IndiaPages 3853 - 3862A comprehensive decrease has been seen in trade unionism in the 21st century, with their power further decaying due to technological advancement, globalization, and a changeable dice of economic policies. The present research paper offers a comparative analysis between the all-India bank strikes of 2022 and the long-ago historical textile mill strikes, from which it is hoped to examine the changing scenario of labor movements in India. In this analysis, the article aims at detailing the lesser power of unionism, the new demand orientations by workers, and new responses of employers and government to labor unrest. This study investigates the socioeconomic, political, and technical factors that have contributed to the decline of labor unions. In the paper, it is argued that privatization, digital automation, government intervention, and corporate resistance have eroded collective bargaining power this century. It is further posited that evolving worker priorities, which now put job security ahead of radical demands, have also changed the course of labor struggles. The comparative analysis shows that, if class struggle was a serious reason for past strikes, then contemporary movements are caught up in fragmentation, legal predicaments, and dwindling mass mobilization. Thus, the paper concludes with a reappraisal of labor unions and with possible answers and recommendations regarding their revival in a rapidly changing environment.605 views -
Pages 3863 - 3870The supremacy of the Constitution is a cornerstone of democratic governance in India, establishing the Constitution as the highest legal authority and guiding framework for all legislative and judicial actions. This paper investigates the implications of constitutional supremacy on national legislation and judicial decisions, emphasizing its role in maintaining the rule of law, protecting fundamental rights, and ensuring checks and balances within the government. India’s Constitution, adopted in 1950, embodies the principles of justice, liberty, equality, and fraternity, serving as a safeguard against arbitrary governance. The analysis begins with a historical overview of constitutional supremacy in India, tracing its evolution through landmark judgments and amendments that have shaped the legal landscape. Key Supreme Court rulings, such as Kesavananda Bharati (1973) and Minerva Mills (1980), are explored to illustrate how the judiciary has reinforced constitutional supremacy by asserting its authority to review and nullify legislation that contravenes constitutional provisions. Furthermore, the paper examines the tension between parliamentary sovereignty and constitutional supremacy, highlighting instances where legislative actions have tested the limits of constitutional mandates. The interplay between the Constitution and various statutes is analyzed, particularly in areas such as social justice, environmental law, and economic reforms, demonstrating how constitutional principles influence legislative intent and execution. The study also considers the impact of judicial activism and the role of public interest litigation in upholding constitutional supremacy. By engaging with contemporary issues, such as the balance between individual rights and state security, the paper underscores the dynamic relationship between the Constitution, legislation, and judicial interpretation. In conclusion, this investigation underscores that the supremacy of the Constitution is not merely a legal doctrine but a living principle that shapes the trajectory of India’s democracy. By affirming constitutional norms, the judiciary plays a crucial role in ensuring that national legislation aligns with the foundational values enshrined in the Constitution, thus safeguarding the rights and liberties of citizens.1,025 views
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Divorce under Muslim Law & Christian Law: An Analysis
Controller of Examinations at The Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 3871 - 3879Matrimonial disputes and conflicts have been prevalent in India, and divorce and annulment are the matrimonial remedies available to couples who wish to come out of their marital relationship. These remedies are governed by the personal laws of the respective religious groups viz., Hindu, Muslim, and Christian personal laws. This research article aims to provide a comparative analysis of the grounds for divorce under Muslim, and Christian personal laws. The primary objective of this study is to evaluate these grounds' adequacy in providing remedies to individuals in distress. The study will adopt a qualitative research approach and analyze the relevant personal laws and judicial decisions on matrimonial disputes. The article will begin by briefly introducing the concept of marital remedies, followed by an overview of the legal framework governing divorce under Muslim, and Christian personal laws in India. Next, the analysis section will provide an in-depth analysis of the grounds for divorce under each personal law, highlighting their advantages and limitations. The conclusion will summarize the study's findings and evaluate the adequacy of the grounds for divorce under Muslim and Christian personal laws to provide remedies to the distressed individuals.594 views -
Balancing Individual Rights vs. National Security in Constitutional Law: A Critical Analysis
LL.M. (Constitutional Law and Legal Orders) Student in IndiaPages 3880 - 3890Individual rights are always claimed to be unaffected in democratic countries around the world; while this statement is theoretically valid, it is unrealistic, given that human rights are not eternal and are vulnerable to abuse. Indeed, it may be claimed that all countries around the world suffer human rights concerns, albeit to varied degrees. One of the most common reasons for these violations is national security. Individual rights and national security are both crucial ideas in the existence of a democratic society, and they are frequently considered as interconnected, with opposing interests such that prioritising one results in Individual rights and national security are both crucial ideas in the existence of a democratic society, and they are frequently considered as connected, with opposing interests such that prioritising one leads to the neglect or abuse of the other. When considering the aforementioned perspective, one question that emerges is whether it is possible to reconcile the competing demands of national security and individual rights. Through conceptual analysis, an investigation of the legal and ethical concerns, arguments in favour of both interests, and a review of significant cases on the topic, this paper seeks to shed light on the aforementioned question while also analysing the topic of debate as a whole. The word "harmonising" aptly describes the study's objective, which is to strike a balance between safeguarding national security objectives and upholding the important civil liberties protected by the Indian Constitution. This balancing entails the need to ensure that counterterrorism measures do not impose excessive restrictions and that they comply with constitutional norms.799 views -
Ensuring Mental Health as a Human Right for Prisoners: Legal Barriers, Policy Gaps, and Advocacy for Reform
Assistant Professor at Birla Global University, Odisha, IndiaPages 3891 - 3910Mental health is a fundamental human right, yet prisoners worldwide face significant barriers to accessing adequate mental healthcare. Overcrowding, stigma, punitive rather than rehabilitative approaches, and a lack of trained mental health professionals contribute to the deterioration of inmates' psychological well-being. This paper critically examines the legal and policy frameworks governing mental health rights in prisons, focusing on international human rights instruments such as the United Nations Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules), the International Covenant on Civil and Political Rights (ICCPR), and the European Prison Rules. The research explores how these global standards are implemented in India, the U.S., and the U.K., identifying legal barriers and policy gaps that hinder effective mental healthcare delivery in correctional facilities. It further examines judicial responses to prisoner mental health concerns, analyzing landmark cases and legal precedents that have shaped prison mental health policies. Despite some progress, systemic deficiencies remain, including inadequate funding, lack of monitoring mechanisms, and forced psychiatric treatments that violate human rights principles. The paper advocates for a rights-based approach to mental health in prisons, emphasizing the role of legal aid groups, human rights organizations, and prison reform movements in pushing for policy changes. Recommendations include legislative reforms, increased mental health screenings, diversion programs, and alternatives to incarceration for mentally ill offenders. Ensuring access to mental healthcare in prisons is not just a legal obligation but a moral imperative to uphold human dignity and rehabilitative justice.555 views -
The Future of Copyright Law in a World of Generative AI
Student at UILS, Chandigarh University, Mohali, Punjab, IndiaPages 3911 - 3923The rapid ascent of generative artificial intelligence (AI) systems has fundamentally disrupted the contours of copyright law. Tools capable of autonomously producing text, images, music, and code challenge traditional notions of authorship, originality, and ownership—concepts that form the core of intellectual property frameworks. This research critically explores the intersection of copyright law and generative AI, with a focus on evolving legal definitions, jurisdictional responses, and policy dilemmas. By tracing the historical evolution of copyright from its human-centric origins to the digital age, the paper establishes a foundation for analyzing the legal vacuum surrounding AI-generated content. It examines core legal challenges, including authorship attribution, liability for infringement, and the use of copyrighted material in AI training datasets. Case law developments from jurisdictions such as the United States, European Union, and India are analyzed to understand the current legal stance and the judiciary's resistance to non-human authorship claims. Particular attention is paid to the fair use doctrine and its applicability to the training of AI models using protected works. The research concludes by proposing a multifaceted reform agenda—incorporating sui generis protections, licensing mechanisms, attribution norms, and international harmonization—to ensure a balanced copyright regime that safeguards creators' rights without stifling technological progress. The study ultimately contends that the future of copyright law lies not in rejecting the rise of generative AI, but in reshaping the legal scaffolding to ensure it evolves responsibly and inclusively alongside innovation.468 views -
Decoding the Harshad Mehta Scam: Legal Loopholes and Financial Irregularities in India’s Securities Market
Student at Amity University Law School, Kolkata, IndiaPages 3924 - 3936The scam of 1992 by Harshad Mehta remains one of the most infamous notorious financial scandals in India’s history, exposing deep-rooted flaws in the country’s financial and legal regulatory systems during the 90’s era. This Incident was marked as the biggest setback in Indian financial governance and market transparency in which Harshad Mehta, a prominent stockbroker, orchestrated a sophisticated scheme to manipulate stock prices and misappropriate funds from banks by exploiting gaps in the banking and security markets ecosystem resulting in the occurrence of an white collar crime which involved the embezzlement of Rs 1439 crore [$3 billion], leading to an profound financial crisis and the heartbreaking loss of life savings and assets for countless investors, with the total economic fallout reaching to Rs 3542 crore [approximately $7 billion]. This paper takes an in-depth dive into the legal intricacies of the 1992 scam, anatomizing how the fraud was executed, the evidence presented, and the judicial response that followed. It also analyses the gaps in financial investment laws of that time and the regulatory loopholes that Mehta exploited, leading to a much-needed urgent reforms in India’s financial and legal framework by bringing a robust legal safeguards and more stringent regulatory oversight to preserve market integrity steering India towards a more transparent and accountable economic and financial system.3,355 views -
Pages 3937 - 3948Plea bargaining has become a vital tool in contemporary criminal justice systems, providing a workable answer to backlogs of cases and drawn-out trials. In exchange for the prosecution making concessions, the accused consents to enter a guilty plea to a reduced charge or accept a lighter punishment. Plea bargaining poses serious ethical and legal issues that require careful consideration, despite its pragmatic benefits, which include easing court overcrowding, accelerating justice, and conserving state funds. This study investigates the ethical and legal ramifications of plea bargaining in order to better understand its dual aspects. Plea bargains can, from an ethical perspective, lead to injustices in the administration of justice, particularly when the balance of power between the defence and the prosecution is off. Accused people may be forced to accept bargains out of fear, a lack of funds, or a lack of legal knowledge, especially if they come from marginalized backgrounds. Such situations run the risk of compromising the voluntary consent concept and could result in erroneous convictions. Additionally, because bargaining moves the emphasis from factual guilt to negotiated solutions, the approach raises concerns about the dilution of truth-seeking in criminal cases. In terms of law, the study examines the ways in which different countries have enacted laws and applied plea bargaining, with a focus on the US, UK, and India. It explores the statutory frameworks, judicial supervision, and procedural safeguards intended to defend against abuse while maintaining equity and openness. The Criminal Law (Amendment) Act, 2005, established plea bargaining in India, however it is only applicable to specific types of offenses465 views
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The Place of Artificial Intelligence in Child Exploitation: Legal Implications and Challenges
Student at Alliance school of Law, Bangalore, IndiaPages 3949 - 3956Growing a sapling into a fruiting plant requires the right kind of care, such as proper sunlight, pesticides application, rich soil, and proper water. In the same manner, children's growth and development are heavily affected by the environment where they grow up since they are the future building blocks of society. It is crucial to see that children are given a safe, nurturing, and psychologically supportive environment so that they can grow up as capable and rational individuals. But it is exceedingly worrying that children have been exploited in so many ways over time, with recent developments in artificial intelligence (AI) bringing new and unsettling aspects to the issue of child abuse. Though AI was created to benefit humanity, it has also been used to create explicit and indecent images of children. The technology allows photographs to be manipulated by either "nudifying" pictures or placing the faces of children on inappropriate material, producing highly realistic but false content that is hard to tell apart from real images. In addition, AI can mimic real voices, resulting in the re-victimization of sexual abuse survivors and the distribution of abusive content. Recent IWF report a shocking spike in AI-created child sexual abuse material, from April 2023 to March 2024 total 375 cases. Due to this emerging threat, the United Kingdom is the first nation to criminalize the promotion, creation, and dissemination of AI tools to generate such content. This paper seeks to critically analyse the efficacy of the UK legal framework in responding to AI-enabled child exploitation and its wider implications on child protection.432 views -
Pages 3957 - 3974In recent years, conversations around reproductive rights in India have made noticeable progress especially when it comes to single mothers and their children. This piece explores how reproductive rights intersect with constitutional law and what that means for women raising children on their own. India's Constitution provides a strong foundation for personal freedom and equality through Articles 14 and 21. These rights have helped shape the legal narrative around reproductive choices. Over time, key court rulings have made it clear that a woman’s right to choose whether to keep a pregnancy is very personal and falls under her right to autonomy. One significant shift came with a 2022 Supreme Court judgment, which made it clear that unwed women have the same access to abortion as wedded women. This was a big step forward in challenging long-held norms of the society and recognizing the individual rights of all women’s. That said, the reality on the ground is still complicated. Single mothers in India still continues to face social challenges and judgment, which further leads to emotional and psychological challenges. Their children, too, face hurdles. For getting basic documents like birth certificates, or handling guardianship and inheritance issues, can be a bureaucratic and legal headache. However, courts have started to recognize and respond to these challenges. There’s now a growing judicial recognition of single mothers as a sole parent, and some processes around documentation have been simplified to make life a little easier. This analysis looks at how legal policies, judicial rulings, and social perceptions all play a part in shaping the experiences of single mothers in India. While some important progress has been made, it’s clear that more work is needed to ensure these women and their children can live with the dignity, rights, and support they deserve.651 views
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Pages 3975 - 3982This article enumerates the pivotal role played by the Foreign Direct Investment (FDI), an investment that connects the economies of developed and developing countries. Further through various case studies, regulatory agencies, political impact, and cultural differences, this paper discusses how FDI is a strategic investment in investing countries (home country) and the host countries (foreign countries), enumerating the factors involved in such investments. The study helps to analyse the benefits to the home country such as employment opportunities, economic development, and infrastructural diversification. By addressing the challenges and political influences in such investment, this paper provides valuable insight into the nature of FDI and global economic trade patterns.501 views
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SEBI IPO Regulations: Compliance Challenges and Solutions
Student at Jindal Global Law School, IndiaPages 3983 - 3993This paper examines the regulations by the Securities and Exchange Board of India (SEBI) that are implemented to ensure that transparency, liquidity, and stability in markets are enhanced through the implementation of Minimum Public Shareholding (MPS) regulations and security of lock-in for promoters, as envisioned. Indian initial public offerings (IPOs) are increasingly impacted by these regulations, with companies often being constrained between achieving operational flexibilities and compliance with the requirements of regulatory agencies. The research study focuses on case studies of firms such as Zomato, Paytm, and Sapphire Foods, to highlight and analyse the way these firms addressed volatility due to issues of stock brought about by SEBI's regulatory framework, liquidity restriction, and equity dilution. Therefore, the analysis reveals that lock-in and MPS requirements are important for boosting investor trust, though they increase compliance cost and even hinder the problems of capital structures. Strategic pre-IPO planning through incremental stake dilution by Offer for Sale and Qualified Institutional Placements along with Employee Stock Option Plans seem to be viable solutions. These will serve towards the promotion of an even more efficient and well-balanced IPO ecosystem, which in the long run would bring about stability and trust in the Indian financial markets.704 views -
A Comparative Study of Extra Territorial Competition Laws and Analyzing the Limitations in Its Application
Student at VIT-AP University, IndiaPages 3994 - 4013The international markets are currently witnessing a phase of globalization and vast expansion of trade as a result of liberalization, less barriers on trade and non-restrictive import and export practices. The duty of the competition law is to prevent any conduct of the industries in a market that could cause appreciable adverse effect on competition in market, be economically disadvantageous to the consumer. It is important to understand that liberalization and globalization also raises concern of anti-competitive activities. Anti-competitive activities may be adopted by India based companies or foreign based company who are trading in India. In order to curb Anti-competitive actions of foreign companies, the Act is equipped with the extra territorial applications of competition law through Section-32. The provision deals with acts that occur outside the territory of India but has a significant adverse effect in India and the act allows for the commission to investigate such matters and pass orders as it finds fit. This research paper aims on doing a comparison of the extra territorial competition laws in the Indian scenario with that of the European Union and the United States. Additionally, the paper tries to look into the limitations that the commission faces in the applications of the extra-territorial laws.377 views -
Regulation of Genetically Modified Organisms in India: A Critical Legal Analysis in the Context of Global Best Practices
Advocate at the Madras High Court, IndiaPages 4014 - 4025With the increased global adoption of genetically modified organisms (GMOs) in agriculture, concerns surrounding their regulation—particularly with respect to environmental, health, and socio-economic impacts—have gained renewed significance. Although India was among the early adopters of a regulatory framework, the legal regime lacks scientific rigor, transparency, public participation, liability mechanisms, and alignment with international biosafety standards such as the Cartagena Protocol. This paper critically examines India’s legal and regulatory framework for GMOs, focusing on the structural limitations of the 1989 Rules framed under the Environment (Protection) Act, 1986. Through a comparative study of legal frameworks from jurisdictions such as the EU, Australia, Germany, Norway, Switzerland, and New Zealand, the paper highlights how other jurisdictions have adopted more transparent, accountable, and precautionary models for GMO governance. These jurisdictions demonstrate the integration of scientific expertise, public consultation, enforceable liability, and risk assessment within their biosafety regimes. The analysis suggests that India’s current approach not only falls short of aligning with global biosafety norms but also risks undermining public trust and ecological sustainability. The paper argues for the enactment of a dedicated biosafety law that reflects India’s ecological diversity and socio-political realities, while incorporating enforceable mechanisms for risk assessment, liability, and public oversight. Such reform is imperative for ensuring that GMO governance in India is legally sound, socially responsive, and future-ready.835 views -
Digital Arrest in India: Navigating Challenges and Legal Framework
PhD Scholar at Uttaranchal University, IndiaPages 4026 - 4035With the introduction of the World Wide Web, the whole communication technology has been revolutionized. Noteworthy changes and achievements can be witnessed in the field of Information and Communication Technology by continuous progress and innovation of technology. But it has also resulted in new types of cybercrimes called ‘digital arrest.’ The advancement of technology has led to the formation of the digital era in which cyber threats are also evolving. Innovative forms of cybercrimes have originated in recent times. In digital arrest, deceiving tactics are used by the cybercriminals by impersonating themselves as officials from law enforcement agencies with the main objective of extorting and receiving a hefty sum of money from individuals. This paper examines the concept of digital arrest in the context of India, rising sparks of cyber criminality as far as digital arrest is concerned by taking into consideration the reports published by NCRB, PTI, etc. The paper highlights the existing legal provisions dealing with digital arrest, such as the Information Technology Act, 2000, and the Indian Penal Code, 1860 (now Bhartiya Nyaya Sanhita, 2023). However, the paper analyzes certain challenges that acts as a loophole in ensuring the security of individuals, such as lack of awareness, rigid enforcement mechanisms, rapid increases in technology, etc. Government initiatives play an important role in providing a solution to the existing problem of such crimes. At last, the paper offers probable recommendations that can be adopted by the different stakeholders to ensure justice for the victims of digital arrest and suggestions that can curb the menace of this type of crime committed virtually, ensuring a sound and secure digital ecosystem in India.582 views -
The Echo of the Unwritten; A Literary Enquiry into Domesticity, Biopolitics and Failure of Legal Recognition
Student at School of Law Christ (Deemed to be University) Lavasa campus, Pune, IndiaPages 4036 - 4043In the legal world, silence is often seen as an absence of rights yet in literature it is seen as resistance, sadness or invisibility. This paper takes a unique comparison of a Victorian era classic Virginia Woolf’s “To The Lighthouse” and the modern era literature “Never Let me Go” by Kazuo Ishiguro to deepen the understanding of how silence is not only seen as an emptiness but also as a site of legal invisibility. It is true that these two are very unrelated texts one that is s foundation on the domestic work of the pre - war household and the other in a dystopian and biotechnological future. But both these books reveal a world concern, the law’s failure to understand the complexities of human lives when it said to operate without empathy or voice. Woolf’s books give out a subtle critique to a patriarchal legal norm that invisibility dictates the roles given in a household including the inheritance causing invisibility oven the females of the household. Mrs. Ramsay’s silene, her emotional labour and her existential crisis becomes more of a metaapho0r than a reality for the legal system that is quite and unseen. In Ishiguro’s book legal silence is more like institutionalizes, like they remain outside the moral and legal framework of person hood as clones exist, they breathe, love and die. The book reflects a quite dystopia that becomes a haunting reflection of the law’s lack of concern dressed as order. The paper argues that silence is a void but a vessel of carrying their burden of the legally made loopholes and exclusion. It invites reimaging of legal consciousness that can hear what is not to be shouted, what is not to be claimed, and recognizers lives that are not litigated but lived quietly.291 views -
Pages 4044 - 4054The rise of deepfake technology—synthetic media generated using artificial intelligence—poses unprecedented challenges to democratic institutions, legal frameworks, and human rights. This paper critically examines the dual role of deepfakes in political surveillance and disinformation campaigns, highlighting their potential to undermine electoral integrity, infringe privacy, and erode public trust in factual communication. Through a comparative legal analysis of responses in the European Union, United States, and India, the paper identifies substantial regulatory gaps and the ethical dilemmas posed by AI-generated deception. It explores how courts are beginning to confront issues related to synthetic evidence, privacy rights, and platform accountability, while proposing a forward-looking framework grounded in transparency, consent, and cross-border enforcement. Ultimately, this study advocates for a rights-based, interdisciplinary approach to mitigate the legal and democratic harms of deepfake misuse in political contexts.637 views
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India’s 2024 Elections: Unpacking Political Climate, Voting Technology, MCC, Electoral Laws and Reforms
Student at Dr. B.R. Ambedkar National Law University, Sonepat, IndiaPages 4055 - 4078The 2024 Indian General Election is pronounced as a set out of the nation’s democratic evolution, underscoring its strengths and vulnerabilities. With over 900 million eligible voters, India’s electoral process and political climate remain a pageant of universal relevance. However, the elections also set alight controversies on fairness, voter participation, and Electronic Voting Machines (EVMs) authenticity. While EVMs have streamlined the voting process, concerns regarding their transparency persevere despite introducing Voter Verifiable Paper Audit Trail (VVPAT) systems. This article critically digs into these concerns, collocating them with India’s historical electoral reforms and the role of the Election Commission in safeguarding democratic integrity. Moreover, the election outcome, characterised by the BJP’s third consecutive victory yet a downturn in its outright majority, highlights shifting political dynamics, voter sentiment, and the influence of caste-based mobilisation. The study further explores allegations and contentions regarding electoral malpractice, media bias, and enforcing the Model Code of Conduct (MCC). As India stands at a crossroads, the demand for electoral reforms, including enhanced transparency, superintendence, and technological evolutions like blockchain-based voting, is of vital importance. By juxtaposing the convergence of law, policy, and democracy, this article offers a broad overview of the future of India’s electoral process.765 views -
Traversing AI, Governance, and Privacy Laws: The Legal Divide in Democracy and Autocracies
LLM Student at Amity Law School, Noida, IndiaPages 4079 - 4091AI is a mirror, reflecting not only our intellect, but our values and fears.” The rapid advancement of Artificial Intelligence technology and its integration in our day to day lives presents unique challenges to the privacy and data protection of individuals and organizations, making it a central concern in legislative debates around the globe. With UDHR declaring Right to Privacy as a Human right, and the launch of Privacy Guidelines by Organisation for Economic cooperation, and Development (OECD)and United Nations Sustainable Development Group (UNSDG), to ensure data privacy and free flow of Data across borders, it became essential for countries to ensure that they are protecting the Privacy of their citizens in line with these International Mandates. The paper aims to analyze how countries with different governance regime i.e. Authoritarian vis. Democratic, approach the governance of Data Privacy in today’s age of Artificial Intelligence and whether or not these regulations are in line with the global standards of privacy as setup by OECD, and UNSTG. By comparing data protection regulations of these countries such as General Data Protection Regulation (GDPR), 2016 of Europe, Digital Personal Data Protection Act (DPDP), 2022 of India, and the Algorithmic Accountability Act, 2023 of USA with Personal Information Data Protection Regulation (PIPL), 2021 of China, Russian Federal Law on Data Protection, 2006, and Personal Data Protection Law (PDPL), 2023 of Saudi Arabia, the paper highlights the impact of governance regime of these countries on their approach to privacy regulation. Ultimately, the paper underscores the need for effective data privacy regulation to safeguard fundamental rights in diverse political landscapes.434 views -
Human Enhancement Technologies: Protection Under IPR
Assistant Professor at Bharath Institute of Law, India.Pages 4092 - 4102As mankind increases so does technology, it has improved in such way that it has helped in replacing biological creature parts with mechanical or electronic components. A cyborg is a cybernetic organism, a creature of science fiction and a creature of social reality, a living being whose powers are enhanced by computer implants or mechanical body parts. Cyborgs improves the functions of human body parts with the help of technology, such acts raises serious legal and political questions. A new class of individuals might be created, for instance, if implants are successfully implanted into humans, new cognitive and motor abilities emerge as a result. Without a doubt a legitimate and political reaction would be basic for this unused course of people with astounding capacity. However, they resemble more as machines than men or women, the question of what legal rights could be granted to these individuals arises. The following legal considerations are crucial: the laws governing cyborgs' obligations and rights, as well as access rules. As we become more advanced with cyborg technology, it is more important to ask what legal rights are involved when using technology to fix, enhance, and improve the human body and mind, and how law would treat such technologically enhanced persons from general population This article looks at various laws and regulations governing this new kind of intellectual property from various jurisdictions in the United States, the European Union, and India regarding cyborg technology.294 views -
The Impact of Skill-Based Gaming on Gambling Laws in India
Student at Christ (Deemed to be University), Delhi NCR, India.Pages 4103 - 4116The development of skill-based gaming has enormously unsettled classical gambling laws in India, which are based predominantly on the colonial-era Public Gambling Act, 1867. This study critically analyses the developing legal and regulatory environment of skill-based gaming, probing the contest between games of skill and games of chance under India's highly dispersed, state-specific legal system. Using doctrinal and comparative approach, the research examines seminal judicial interpretations, regulatory loopholes in current legislation, and the socio-economic effects of the expanding online gaming sector. It emphasizes the insufficiency of classic legislation in dealing with electronic platforms, consumer protection, and jurisdictional issues. Drawing lessons using comparative analysis, international regulatory models are used to suggest a hybrid model that balances innovation and prudent governance. The paper concludes by making a case for holistic legal amendments, such as revised definitions, centralized regulation, and standardized policies, to help bring clarity, consumer protection, and sustainable expansion to India's growing skill-based gaming industry.346 views -
From Navtej to Supriyo: Revisiting Constitutional Morality and the Supreme Court’s Impact on LGBTQIA+ Rights and Same-Sex Marriage
LL.M. Student at Khwaja Moinuddin Chishti Language University, Lucknow, IndiaPages 4117 - 4128Seventy-five years of the Indian Supreme Court have seen the dynamic evolution of constitutional jurisprudence, particularly in civil liberties and equality. One of the most debated contemporary issues within this framework is the legal recognition of same-sex marriage. This paper examines the Supreme Court’s approach to LGBTQIA+ rights by analysing two significant judgments: Navtej Singh Johar v. Union of India (2018) and Supriyo Chakraborty & Anr. v. Union of India (2023). While the Navtej Singh Johar judgment marked a constitutional breakthrough by decriminalizing homosexuality and affirming the dignity and autonomy of queer individuals, the Supriyo Chakraborty verdict, despite its empathetic tone, fell short of extending legal recognition to same-sex unions. This paper argues that the Court’s unwillingness to recognize same-sex marriage reflects a tension between constitutional morality and prevailing social and political norms. It critically examines how this hesitation prevents the full realization of equality and constitutional rights, particularly when such recognition challenges deeply rooted societal beliefs. The paper further explores the role of judicial activism in advancing LGBTQIA+ rights and the limits of judicial power in transforming social institutions such as marriage. The paper concludes that while the Supreme Court has played an instrumental role in advancing LGBTQIA+ rights, the inconsistency in its approach emphasizes the need for comprehensive legal reforms and effective coordination between the judiciary and legislature to uphold the transformative spirit of the Constitution.517 views -
Corporate Governance Mechanisms and their Influence on Financial Stability
Student at Christ (Deemed to be University), IndiaPages 4129 - 4137There is an intermediate relationship between financial stability and corporate governance. Businesses are not under any mandate to consider financial stability unless required to do so by law or the relevant regulation. That applies in many areas: fears about financial stability are what drive the regulation of auditors or credit rating agencies. Governance failures in large financial institutions and other groups have suggested that it leads to systemic risks. In addition to the rules that apply directly to the firms that triggered the crisis, three areas in which corporate governance rules need to be made stronger to avoid experiencing again a systemic crisis are on the political agenda: management compensation and the role of the CEO as well as the makeup of the boards, and accounting and valuation issues. The paper does not specify whether the current soft regulation systems would be adequate or if these provisions would need to be implemented through hard law359 views -
Pages 4138 - 4145India has become an important player in the global economy, but there are some legal obstacles or restrictions imposed on the businesses that still make it hard for them to expand their businesses into international markets. Although the country has made progress in simplifying regulations, issues related to compliance, taxes, intellectual property rights, and trade policies, it still creates challenges for companies that want to operate globally. Various laws, including foreign exchange regulations, corporate governance norms, and sector-specific restrictions, create hurdles that can slow down international expansion. Judicial interpretations and policy changes over time have attempted to address some of these issues, but many legal constraints remain. This paper aims to analyse the key barriers in Indian laws that affect businesses' global expansion, how these challenges have evolved, and the possible reforms needed to facilitate smoother international trade and investment. By examining case studies and legal frameworks, this paper will provide information about the evolving legal landscape and its impact on India’s position in the global market.356 views
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Pages 4146 - 4158Judiciary has played significant role in protecting Muslim women against the evil of Talaq -Ul- Biddat. But this has not always been the case. Prior to independence, colonial courts in India including the Privy Council contributed minimally to the cause and did not recognize of maintenance. However gradually after independence various High Courts and the Supreme Court declared the practice of Talaq-Ul-Biddat as unconstitutional and bad in law on various grounds like its absence from Holy Quran, not supported by Sunnat of Holy Prophet Muhammad etc. The present paper analyses the advocacy and activism of Indian judiciary in protecting Muslim women in abolishing the practice of Talaq-Ul-Biddat, going beyond and upholding right of maintenance.512 views
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Pages 4159 - 4169The judicial system in India follows the Constitution of India as the lex terrae. The system is built on a constructive machinery of judicial activism, judicial overreach and judicial restraint. Nevertheless, there is no standard interpretation of their structure or working mechanisms. Thus, leading to indifferences and debates about the interpretation of the law and exercise of judicial powers. When separation of powers is considered to be a foundational aspect of India it is pertinent to note that the legislative, judiciary and executive are interdependent on each other. In light of this, more scope for the judiciary to exercise a colourable legislation is a concern to the basic principles of rule of law of the nation. The implications are to be equally recognized amidst the positive attributes of judicial activism. Extreme activism and regular restrictions can also affect the justice to be rightly delivered. In this regard, the significance of this subject is of perennial in nature to establish a balance in the judiciary and it has to be dealt accordingly understanding the crux of the issue and with due regard to prospective scenarios to the decision.343 views
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Pages 4170 - 4190The admissibility of forensic evidence in India has become critical in criminal adjudication. Courts have relied increasingly on DNA, voice samples, cyber forensics, and fingerprint analysis. However, statutory clarity on collection, preservation, and authentication remains scattered across procedural laws. “Section 45 of the Indian Evidence Act, 1872” acknowledges expert opinion as relevant fact, but not conclusive evidence. “The Code of Criminal Procedure, 1973” further supplements this under “Sections 53, 53A, 54 and 293”, enabling medical examination and submission of expert reports by government scientific experts. Yet inconsistencies remain. The absence of a uniform law on forensic evidence has led to varied judicial interpretations. In “Selvi v. State of Karnataka, (2010) 7 SCC 263, the Supreme Court held that involuntary administration of narco-analysis, polygraph, and BEAP tests violate Article 20(3) of the Constitution”. The Court emphasized procedural fairness, consent, and privacy. This verdict exposed the tension between investigatory efficiency and constitutional protection. Courts now insist on informed consent and magistrate supervision for intrusive forensic techniques. “The Criminal Procedure (Identification) Act, 2022” expanded the scope of bodily measurements, including biometric and biological samples. While useful in law enforcement, it raised concerns of privacy violations. In “Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1, the right to privacy was declared a fundamental right under Article 21”, adding constitutional scrutiny to forensic procedures. Judicial discretion remains central in assessing evidentiary reliability. Forensic reports are persuasive, not determinative. Indian courts prefer corroboration. The evidentiary value hinges on scientific rigor, proper chain of custody, and unbiased expert analysis. While forensic evidence enhances truth-finding, it must pass the dual tests of relevancy and reliability, aligned with constitutional safeguards.1,148 views
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Pages 4191 - 4200This paper examines the multifaceted role of forensic psychology within the Indian criminal justice system, identifying its potential, challenges, and areas for growth. The objectives of this research are to explore the admissibility of psychological evidence, the ethical considerations surrounding its application, and its influence on judicial outcomes within the Indian context. The methodology employed in this paper is primarily doctrinal, involving an analysis of existing legal frameworks such as The Bharatiya Sakshya Adhiniyam, landmark Supreme Court and High Court judgments. The paper also draws upon secondary sources, including journal articles and reports, to provide a comprehensive overview of the field. Key findings reveal that while Indian courts are showing increasing receptivity to psychological evidence under expert testimony provisions, the absence of formalized admissibility criteria, unlike the Daubert standard or Frye test, leads to unpredictability. The ethical landscape is complex, with significant concerns surrounding consent, coercion, confidentiality, privacy, potential for bias, and the reliability of certain techniques like narco-analysis. The influence of forensic psychology on judicial outcomes is currently limited by systemic barriers including a shortage of trained professionals, resource constraints, lack of judicial training in interpreting psychological evidence, and the need for greater public and judicial trust. The paper suggests a multi-pronged approach involving policy reforms to establish clear legal and ethical frameworks, increased investment in infrastructure and training for both psychologists and legal professionals, and public awareness campaigns to build trust in the field. A key loophole identified is the lack of standardized protocols and regulatory frameworks governing the application of forensic psychology in India, making its implementation inconsistent and potentially vulnerable to misuse. The paper concludes by emphasizing the promise of forensic psychology in modernizing the Indian criminal justice system, contingent upon addressing these existing limitations.1,179 views
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Critical Study of Music and Copyright in the Era of Artificial Intelligence: Emerging Issues and Legal Challenges
LL.M Student at Khwaja Moinuddin Chishti Language University Lucknow, IndiaPages 4201 - 4205The advent of artificial Intelligence (AI) in the music industry has brought about unprecedent change in the way music is created, performed and distributed . In India a country with a rich and diverse musical heritage, AI Generated compositions and voice synthesis technologies are rapidly gaining traction. While these innovations open now avenues for artistics exploration and democratization of music production they simuntaneously pose significant legal and ethical challenges, especially concerning copyright authorship and the protection of artistic identity . Indian copyright law, as governed by the copyright act 1957 is grounded in the nation of human authorship Section 2(d) of the Act define an author as a natural person thus failing to recognize AI as a creator This omission creates legal ambiguity over the ownership and protection of AI generated musical works .Moreover many AI tools in india are trained using extensive datasets comprising copyright songs from Bollywood and regional music industries often without obtaining prior permission-raising serious questions about infringement and fair use (Menon,2021;Basu 2022).Another pressing concern is the misuse of AI-generated deepfake audio which can replicate te voices of legendry Indian singers without their consent potentially violating their publicity and moral right. Despite increasing incidences of such unauthorized digital imperonination ,Indian law lacks a comprehensive legal mechanism to address thses evolving (Naidu-2023)This paper critically analyses the intersection of AI and copyright in the Indian music industry .It argues fot urgent legal reforms including the recognition of AI assisted works,updated definitions of authorship and stronger safeguard for artists rights Based on Indian legal heritage. Case law ,and policy documents, the research will attempt to contribute to a more expansive and future –oriented intellectual property regime418 views -
The Effectiveness of the UN Mechanisms in Preventing Genocide: A Critical Review
LL.M. Student at Khwaja Moinuddin Chishti Language University, IndiaPages 4206 - 4216This essay discusses how well the United Nations (UN) has helped to prevent genocides around the world. Genocide is defined as the murder or harm of a person based on his or her race, religion, or nationality. After the atrocities that took place in World War II and the Holocaust, the UN was formed so that such things would never happen again. The UN established laws like the Genocide Convention of 1948 to guide countries on how to avoid genocide. Despite such efforts, genocides have nevertheless taken place, like in Rwanda, Bosnia, and Darfur. This essay explains the reasons why the UN has sometimes failed to avert genocides and how it faces obstacles. Some of these challenges are disagreements among members of the UN, slow response to early signs of genocide, and limited peacekeeping resources. The essay also looks at past genocides to determine at what point the UN's action failed. Through emphasizing cases like the Rwandan Genocide and Darfur, the paper addresses how the actions of the UN were not sufficient and how things might have been improved. The paper also examines how political issues, such as the veto power of the Security Council members, have made it difficult for the UN to act promptly. Finally, it presents some suggestions for improving the UN, such as enhanced early warning mechanisms, faster response to threats, and closer coordination with regional groups and local communities.764 views -
Every coin has two sides and likewise media which evolved as a strong weapon also has positive and negative aspects. In the present times where “media is considered as fourth pillar of democracy and also age of digitalization” where media is easily reachable to all sectors of the society it has led to the magnification of some serious concerns like fake news which may lead to unrest and misinformation and defamation which contravenes with the fundamental right of person to lead to a reputed and dignified life. In this scholarly discourse, the author intends to overview the concept of defamation and fake news while highlighting the role of media in it. The author further discusses mechanisms of defamation and fake news along with its impact on individual and society while throwing light on extent of “freedom of speech and highlighting the case studies”. The discerning analysis aspires not only to expound upon role of media in defamation and fake news but also to enrich with media ethics and regulations while focusing on the challenges still pertaining. The author concludes the paper by making suggestions and recommendations to address the challenge.461 views
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Pages 4245 - 4262The unchecked rise in global carbon footprints—fuelled by rapid industrial growth, urban sprawl, and environmentally harmful practices—has emerged as one of the defining challenges of our time. To effectively confront this issue, there is a pressing need to transition from conventional systems to sustainable and environmentally conscious alternatives. This research centers on the adoption of such green mechanisms and the role they play in encouraging individuals and institutions to reconsider their environmental impact. The study examines a diverse range of solutions, including clean energy technologies, green mobility innovations, and low-impact manufacturing. It assesses how these alternatives can significantly curb greenhouse gas emissions while also supporting long-term ecological balance. In doing so, it also explores the broader implications for society and the economy, including job creation, public health improvements, and a general uplift in living standards. A central focus of this paper is the importance of sensitization—raising environmental literacy among citizens, businesses, and policymakers. Through detailed analysis of successful programs and real-world examples, the research highlights how strategic education and awareness efforts can mobilize communities and institutions toward climate action. Furthermore, the paper underscores the importance of robust policies and international partnerships in promoting the widespread adoption of sustainable practices. In conclusion, this paper makes the case for urgent, systemic change. It argues that meaningful environmental progress hinges on both technological innovation and public engagement. By embracing eco-friendly strategies and nurturing environmental awareness, it is possible to meaningfully reduce carbon emissions and steer the world toward a healthier, more sustainable future.261 views
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Pages 4263 - 4285The present empirical study was aimed to analyze consumer’s perception and purchasing behavior towards counterfeit products and to determine variations among people of different age groups, gender, income and their background. This study adopted survey method and collected primary data from 100 respondents from the State of Tamilnadu to understand their level of awareness on the illegal practice of brand counterfeiting. The statistical tools such as Independent T - Hypothesis test, one way analysis of variance (ANOVA) test, and Chi – squared test have been applied to draw feasible solutions to the research problem. The result of the study proves that non – deceptive counterfeiting is comparatively higher than deceptive counterfeiting nowadays. This study proposes various suggestions and strategies to the three primary stakeholders in combating the practice of brand counterfeiting: the Government, registered brand owners and consumers.462 views
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Silent Intrusions: How Cyberattacks Exploit IoT Devices in Telehealth—from Hospitals to Smartwatches
Pages 4286 - 4296The efficiency and accessibility of medical services have been greatly enhanced by the extensive usage of Internet of Things (IoT) devices in the healthcare sector, particularly in telehealth. However, there are now serious cybersecurity risks as a result of this technological advancement. IoT device cyberattacks have the potential to compromise private health data, disrupt services, and potentially endanger lives. This study looks at how hackers target Internet of Things (IoT) devices in telehealth systems, which can range from smartwatches to hospital settings. The goal of the study is to identify the main weaknesses in telehealth systems that are enabled by the Internet of Things and suggest workable security solutions to counter these risks. The report offers insight into the intersection of cybersecurity and telehealth through an analysis of previous hacks, a review of existing security protocols, and expert interviews.333 views -
Legal Roadblocks in Achieving India’s Net Zero Target by 2070: An Assessment of Climate Policies and Enforcement Mechanisms
LL.M. Student at Khwaja Moinuddin Chishti Language University, Lucknow, IndiaPages 4297 - 4309India has committed to cutting its carbon footprint down to zero by 2070. It is a major step in combating climate change. However, numerous legal and policy issues can prevent us from doing so. This paper examines the legislation India currently has, such as the Environment Protection Act (1986), Energy Conservation Act (2001), and the Air Pollution Act (1981). It indicates that these laws are not as powerful or functioning well. The essay also describes why we require better laws, tighter enforcement, and new concepts to assist India in transitioning to clean energy and curb pollution smoothly and equitably.350 views -
Sallekhana: Embracing Death
Student at Alliance University, IndiaPages 4310 - 4318Jainism is one of the oldest religion that is known to the world. The founder of Jainism, Mahavira, who was the last of the twenty four tirthankaras that is the divine teachers. There are three ethical tenets of Jainism they are (i) right faith, (ii) right knowledge and (iii) right conduct. The Jains strictly believe and accept no violence. They have a very different diet as keeping in mind that no violence should be committed against animals though it may be for their eating or clothing purposes. They believe that salvation can only be attained when one has achieved all these three important tenets and to attain these tenets they regularly keep on fasting. One such kind of fasting is Sallekhana Vrata, in this Vrata one peacefully gives worldly pleasures and attachments and to give up food and water and embrace death slowly. Sallekhana has been in controversies lately believing it to be a suicide or a process of euthanasia. It was also stated that Sallekhana is violating Article 21 that is Right to life. For anyone to take vow of Sallekhana there has to be some prescribed conditions. Sallekhana holds very important and glorifying value as the Founder Mahavira had fasted for a very long time. Even Bhadrababu and Chandragupta Maurya had this ritual fasting to their death.959 views -
Pages 4319 - 4336In recent years, the integration of artificial intelligence and machine learning technologies has transferred various sectors, and corporate governance is no exception. This paper explores the profound impact that artificial intelligence and machine learning have corporate governance practices, focusing on decision-making processes, risk management, compliance, and board operations. With artificial intelligence ability to analyse vast amounts of data and generate predictive insights, organizations are better equipped to make informed, data-driven decisions, enhancing transparency and accountability in corporate structure. The research highlight both the opportunities and challenges posed by artificial intelligence and machine learning in corporate governance, offering a comprehensive understanding of their role in shaping the future of corporate leadership and accountability. The paper also proposes guidelines for integrating these technologies in a manner that aligns with ethical standards and regulatory frameworks. The study explores how AI-powered tools, such as predictive analytics, automated compliance systems, and intelligent monitoring mechanisms, are revolutionizing corporate governance processes. These technologies allow for real time performance tracking, efficient fraud detection, and proactive risk identification. Ultimately increasing the accountability of corporate boards and management. Furthermore, artificial intelligence and machine learning algorithms have the potential to improve shareholders engagement by providing deeper insights into corporate performance and governance practices. In addition, the research emphasizes the importance of maintaining human oversight and ensure that AI systems align with established corporate governance principles, including fairness, accountability, and responsibility.716 views
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Artificial Intelligence and Copyright Law: Challenges and Evolving Legal Frameworks
Student at Amity Law School, Noida, IndiaPages 4337 - 4355Artificial intelligence (AI) has revolutionized content creation, raising complex legal questions regarding copyright protection, ownership, and liability. This paper explores the intersection of AI and copyright law, analyzing existing legal frameworks, judicial interpretations, and emerging legislative developments. It evaluates key challenges such as authorship of AI-generated works, infringement risks, and fair use considerations. Additionally, the paper examines potential reforms to adapt copyright law to the evolving role of AI in creative industries.2,298 views -
Legal Dimensions and Challenges in Human Trafficking in India
Teaching Assistant at the Maharaja Sayajirao University of Baroda, IndiaPages 4356 - 4366Human trafficking is a crime, a direct violation of human rights and a pervasive global problem. With a view of protecting, rehabilitating and preventing human trafficking different legislations and policies have been made. It is contradictory that despite of having laws on anti-trafficking, it is gradually increasing and is world third most organised criminal activity. The actual scenario prevailing in the society to curb the problem is ascertained. The study also emphasis on various aspects and the gravity of the crime. The trade of human trafficking is a huge threat to human’s right, dignity and towards their liberty. It is a huge problem that extend across borders of the countries. The study presents the characteristics and contrast in legal system, since human trafficking is a diverse crime, its legal framework needs to be properly addressed for protection of the victims, abolishment of the crime and the punishment to the criminals.507 views -
Pages 4367 - 4374The analyzes the Act's legal provisions and requirement instruments inside the modern social flow, recognizing the emergence of unused challenges related with endowment hones. The anti-dowry sanctioning should to get it the acknowledgment of the concept of gift by the people and proposes the require for joining authentic allow with social science mental viewpoints to direct arranged social alter in this respect. The research paper examines the challenges, Effectiveness, and Social Change by the Dowry Prohibition Act, 1961 in India. The enactment of the Dowry Prohibition Act faced major challenges, and even after its passage, serious loopholes continued to weaken its impact.it also covers how the act changes the tradition, culture of marriage and societal changes in the Indian society.1,177 views
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Pages 4375 - 4384Every saint has a past, and every sinner has a future” by Oscar Wilde. This paper examines various aspects of prison advocacy and the importance of highlighting systemic factors across global incarceration systems. It debuts the paper by emphasizing the notions and significance of prison advocacy, addressing matters like overpopulation, lack of access to legal aid, and issues on particular genders. The research article talks about the history of prisons and how it evolved and the emergence of advocacy movements throughout the country shedding light on the crucial junctures in the way of reform initiatives providing a better understanding of the sociopolitical milieu in India. It also explores systemic issues, focusing on the repercussions of punitive incarceration models and importance of rehabilitation related approaches. This paper states advocacy goals, techniques, and relevant case histories to explore the part of influencer activities, which encompasses non-governmental organizations, policymakers, and community support systems. Even with substantial advancements, challenges including opposition to legal reforms, lack of resources, and societal stigma persist in hindering progress. The study wraps up with specific recommendations and a forward-thinking framework aimed at creating a fair and humane prison system, promoting enduring reform through evidence-driven approaches and strengthened advocacy initiatives.338 views
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Pages 4385 - 4392One of the most significant efforts in India for modernizing its judiciary through digital transformation has been the eCourts Mission Mode Project. A paradigm shift toward technology-driven adjudication has occurred in the Indian judicial delivery system with the introduction of virtual courts, which were especially expedited during the COVID-19 epidemic. This study offers a thorough examination of the state of virtual courts in India today, emphasizing its advantages, which include increased accessibility, decreased pendency, and cost-effectiveness. The study highlights the necessity for a balanced strategy that maintains procedural justice while utilizing technological improvements as it investigates whether virtual courts can take the place of conventional open courts. It examines the difficulties posed by virtual courts, such as the lack of adequate digital infrastructure, worries about data security, and the impact of the digital divide on those with limited resources. The research also evaluates the readiness of legal professionals and litigants to adapt to this shift. A digital hearing plan for the future is proposed, focusing on the integration of artificial intelligence, streamlined e-filing systems, and hybrid court models combining physical and virtual hearings. The study underscores the importance of addressing infrastructural and legal challenges to ensure the sustainability and inclusivity of virtual courts. The article concludes by advocating for a phased implementation of virtual courts, supported by robust legal reforms, capacity building, and stakeholder collaboration. By envisioning a future where technology complements traditional judicial processes, this research underscores the transformative potential of virtual courts in enhancing efficiency and accessibility within India's justice delivery system.527 views
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Pages 4393 - 4422The journey of a nation grappling with the volatile forces of nature and human creation reveals a fundamental tension: the aspiration for order and resilience against the persistent threat of chaos. This inquiry delves into the heart of India's efforts to construct a framework for navigating these turbulent times. Rather than a mere catalogue of rules and institutions, this research seeks to understand the inherent challenges and the underlying architecture of its disaster management policies. It explores the philosophical distance between the envisioned ideal of a prepared and resilient society and the practical realities encountered in its implementation. This investigation contemplates the very nature of governance in the face of unpredictable events, questioning how abstract principles translate into tangible protection and how societal vulnerabilities can truly be overcome. Ultimately, this inquiry aims to illuminate not just the mechanics of India's disaster management policies, but the deeper philosophical currents that inform them. It seeks to identify the persistent challenges that hinder the realization of a truly disaster-resilient India, while simultaneously mapping the essential architecture – the underlying framework of principles, assumptions, and aspirations – that guides the nation's ongoing efforts to navigate the ever-present threat of disruption.353 views
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Freedom of Speech in the Age of Social Media: A Comparative Constitutional Analysis
LL.M. Student at Khwaja Moinuddin Chishti Language University, Lucknow, IndiaPages 4423 - 4434Social media has transformed how people communicate, share opinions, and engage in public debates. With billions of users worldwide, platforms like Facebook, X (formerly Twitter), Instagram, and YouTube have become powerful spaces for free expression. However, the growing influence of these platforms also raises important legal and constitutional questions. What happens when a user’s post is removed? When does online speech cross the line into hate speech or misinformation? And how do different countries regulate these issues while still protecting the right to freedom of speech? This paper explores the constitutional protection of freedom of speech in the age of social media through a comparative analysis of India, the United States, and the European Union. It begins by explaining the historical and conceptual background of the right to free speech. Then, it outlines the legal frameworks in each region, focusing on key constitutional provisions, court rulings, and digital laws. The role of social media platforms as private regulators of speech is also examined, especially their content moderation policies and the challenges they face in balancing free speech with user safety. The paper highlights both similarities and differences in how each jurisdiction approaches online speech. While the U.S. gives strong protection under the First Amendment, India allows reasonable restrictions, and the EU emphasizes balancing rights through regulation. The paper concludes with policy recommendations for creating clearer rules and encouraging greater transparency in platform governance. By examining these global trends, this research aims to suggest a balanced way forward that protects freedom of expression while addressing online harms fairly and lawfully.1,005 views -
Untouchability: A Reality Check
LL.M. student at School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University, Chennai, IndiaPages 4435 - 4445Since untouchability has long prevented Dalits from having equal chances, they must receive equal respect from everyone. The primary goal of this study is to evaluate the state of the untouchables in the present era. This study specifically attempts to examine the influence of, or whether various laws have helped give the Dalits a higher social position, based on the issues mentioned and the goals delineated. The goal is to alter people's perceptions of untouchability and raise more rational concerns about the practice. Article 17 of the Indian Constitution outlaws untouchability. To eradicate the caste system, untouchability, discrimination, and other types of inequality that have characterized our society from ancient times, Article 17, the most significant of all the rights articles in the Indian Constitution, was included. Untouchability. It is unlawful to practice in any way because it entails discrimination based on caste and the type of work they conduct. The main objective of this article is to make recommendations on the repeal of untouchability. (Article 17).427 views -
Pages 4446 - 4456Judicial review is a fundamental aspect of India’s constitutional framework, ensuring that the Supreme Court and High Courts serve as guardians of the Constitution. It is the process through which the judiciary examines the constitutionality of laws and government actions, ensuring that they align with the principles enshrined in the Constitution. This paper explores the delicate balance between judicial review and legislative sovereignty in India, analyzing the role of the judiciary in interpreting and applying the Constitution while respecting the legislative process and the principle of separation of powers. In India, judicial review allows the courts to assess whether laws passed by the legislature conform to constitutional provisions, including fundamental rights and the basic structure doctrine. Landmark cases such as Kesavananda Bharati v. State of Kerala, Minerva Mills v. Union of India, and Golaknath v. State of Punjab have cemented the role of the judiciary in upholding constitutional principles. However, this power is not without limitations. The tension between judicial review and legislative sovereignty arises when the courts strike down laws passed by the legislature, potentially undermining the will of the elected representatives. This paper examines how the judiciary’s power of judicial review functions within India’s democratic framework, balancing the need for constitutional interpretation with respect for legislative authority. It analyzes the evolving jurisprudence in cases involving constitutional amendments, fundamental rights, and state powers. The judiciary’s role in protecting individual rights, particularly when they conflict with the legislature's intentions, underscores the ongoing debate over the scope of judicial activism versus judicial restraint. In conclusion, the paper argues that judicial review in India plays a vital role in preserving the constitutional framework, ensuring accountability, and protecting democratic values. However, the judiciary must maintain a careful balance between upholding constitutional principles and respecting the sovereignty of the legislature to safeguard democratic integrity.432 views
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A Comparative Study between Indian Penal Code, 1860 and Bharatiya Naya Sanhita, 2023
Assistant Professor at JRSET College of Law, IndiaPages 4457 - 4468Criminal law of India Indian Penal Code,1860 was replace by Bhartiya Naya Sanhita,2023. IPC was passed in colonial period by British government as per the contemporary society. But the complication is that the requirement of 1860 is not same in present society. Though basic crimes like crime against human body, c some of crime related to women are same but in case crime against women there are new insertion of sections and amendments. In case of crime against property Theft was crime in 1860 and it is also crime present law. But definition and scope of theft expanded under Bhartiya Naya Sanhita as because offender uses new kind of tricks for escapism from IPC. To stop this escapism from law scope and definition of theft expanded under Bhartiya Naya Reduction crime is only to strong implementation of law public awareness regarding crime punishment and compensation.439 views -
Revisiting Maintenance Laws: Ensuring Fairness in Matrimonial Disputes
Student at Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, West Bengal, IndiaPages 4469 - 4478Maintenance laws in India were originally designed to provide financial support to dependent spouses, especially women, following marital separation or divorce. These laws, encompassing both personal and secular statutes, aim to prevent economic hardship but have faced increasing criticism due to evolving societal norms and gender dynamics. As women gain greater financial independence, the assumption that only wives need maintenance is being questioned, with concerns raised about gender bias in their application. The legal framework often places an undue financial burden on men, leading to prolonged litigation, economic distress, and mental health consequences. This paper examines the current legal landscape of maintenance laws, focusing on gender imbalances, judicial approaches, and the challenges both spouses face in matrimonial disputes. Although maintenance provisions are gender-neutral in language, their implementation typically favors women, ignoring instances where husbands may also need support. The paper calls for reforms such as gender-neutral maintenance laws, income-based assessments, time-bound orders, and recognition of pre-nuptial agreements to ensure a more balanced and equitable approach, promoting financial security for both spouses while reducing misuse of maintenance claims.572 views -
Beyond Forecasting: Predictive Quarterly Intelligence Strategic Edge
Graduate from Department of Electronics and Communication, Anna University, Chennai, Tamil Nadu, IndiaPages 4479 - 4485This research presents a data-driven framework for predicting quarterly EV demand, enabling automakers to navigate the transition from internal combustion engines to electric vehicles. By integrating multi-source analytics—including historical sales, stock price correlations, macroeconomic indicators, and charging infrastructure growth—we develop high-accuracy forecasting models that reduce prediction errors by 20% compared to traditional methods. The system incorporates real-time monitoring as of April 2025 to dynamically adjust for variables like lithium price swings and subsidy changes. A dual-layer governance mechanism ensures both analytical integrity and legal compliance ,Technical Governance and Regulatory Alignment.339 views -
Pages 4486 - 4500The globe is undergoing a technological revolution, and India is no exception. With one of the world's fastest-growing economies and successful indigenous products that have been developed, such as the Unified Payment Interface, India has become one of the fastest-growing fintech hubs in the world, with digital currencies revolutionising today's financial ecosystem. Cryptocurrencies such as Bitcoin and Ethereum have proven to be a ground-breaking phenomenon which has attracted the attention of various global stakeholders. However, owing to their decentralised nature, pseudo-anonymity, and use for both investment purposes and transactions, appropriate consideration and caution are warranted in order to achieve fair revenue collection practices, provide clarity and confidence for investors and create a more stable financial ecosystem. Keeping in view the growing interest and investment in these assets, the government has sought to establish a framework for their taxation. Through this research article, the author intends to investigate and provide a comparative study of the ever-evolving landscape of cryptocurrency taxation with those of other jurisdictions, seeking to identify lessons and best practices, looking at basic issues, alternatives to the classification of the sold as currency, commodities or securities, compliance, and enforcement. This research also investigates the challenges that tax authorities face in assessing cryptocurrency transactions due to blockchain's decentralised nature and cross-border complexities. The research also takes stock of the regulatory regime that countries have instituted or evolved (i.e. varying degrees of taxation) - banning it altogether, allowing free transactions without taxes or some limited exemptions. By scrutinising these approaches, this research considers their successes and weaknesses in balancing innovation with regulatory oversight. The exercise continues the dialogue of how different jurisdictions can successfully pursue global cryptocurrency regulation, tax compliance and accountability in the landscape.492 views
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Pages 4501 - 4512Social media has revolutionized business marketing, offering brands a dynamic platform to engage with consumers, build brand awareness, and drive sales. However, alongside its business advantages, social media marketing presents legal challenges that companies must navigate to ensure compliance with advertising regulations, data privacy laws, and intellectual property rights. Regulatory frameworks such as the Digital Personal Data Protection Act (DPDP), General Data Protection Regulation (GDPR), and Federal Trade Commission (FTC) guidelines impose strict obligations on businesses to safeguard consumer rights, prevent deceptive marketing practices, and ensure transparency in online interactions. Additionally, influencer marketing and targeted advertising must adhere to disclosure requirements and ethical advertising standards. This study examines the intersection of business growth and legal obligations in social media marketing, emphasizing the importance of a compliance-driven approach for long-term success. By integrating legal risk management into their digital strategies, businesses can maximize opportunities while mitigating regulatory risks, ensuring sustainable and responsible growth in the evolving digital landscape.426 views
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Facial Recognition Technology and Privacy: A Legal and Ethical Inquiry
Doctoral student at National Law University Odisha, IndiaPages 4513 - 4529Facial recognition systems, a subset of biometric technologies, have transformed the process of identifying individuals by analysing distinct facial features. While this innovation has enhanced efficiency in areas such as mobile security, social media, and air travel, it has simultaneously raised significant concerns around privacy and consent. The rapid deployment of facial recognition tools, often without public awareness or explicit consent, poses serious threats to individual freedoms. Being unknowingly recorded in public spaces undermines the right to privacy and fosters a climate of constant surveillance, which can alter human behaviour and strain the relationship between citizens and the state. Moreover, the indiscriminate use of such technology; especially by law enforcement and private enterprises risks creating a culture of pre-emptive suspicion, thereby eroding the fundamental legal principle of presumed innocence. In India, the swift adoption of facial recognition technology across multiple sectors, including policing and governance, has far outpaced the development of adequate regulatory safeguards. This article critically examines key facial recognition initiatives in India, highlighting the pressing need for comprehensive oversight to protect civil liberties in an era increasingly defined by algorithmic scrutiny and digital surveillance.924 views -
Ethical Perspectives on Patenting Biotechnology
Student at Amity Law School Noida, IndiaPages 4530 - 4541This paper explores the intricate ethical dimensions of patenting biotechnology, a field that has transformed modern medicine, agriculture, and industry. While the patent system traditionally aims to incentivize innovation by granting inventors exclusive rights to their creations, its application to biotechnology introduces unique ethical concerns due to the involvement of living organisms, genetic material, and essential biological processes. The paper provides a comprehensive analysis of the ethical frameworks—utilitarianism, deontology, and virtue ethics—through which the practice of patenting biotechnology can be evaluated. From a utilitarian perspective, biotechnology patents are defended for their potential to stimulate innovation, public disclosure, and commercialization, ultimately improving societal well-being. The promise of exclusive rights encourages investment in research and development, leading to life-saving medical advancements and improved agricultural techniques. However, the utilitarian critique highlights significant drawbacks, including restricted access to essential medicines, monopolistic practices, and the creation of "patent thickets" that hinder further research. These consequences may outweigh the benefits, particularly in low-income regions, raising ethical concerns about global equity and justice. The deontological approach shifts focus to the rights and responsibilities of inventors and the public. While inventors are seen as having a moral right to benefit from their intellectual labour, this must be balanced against the public’s right to access vital biotechnological advancements, especially in healthcare and food security. Deontological ethics questions the morality of commodifying life and supports the notion that certain genetic materials, particularly human genes, should remain part of the public domain. It also underscores the duty of patent holders to act in accordance with moral principles, avoiding exploitation and ensuring the responsible use of their exclusive rights. Virtue ethics emphasizes character, fairness, and justice in the patenting process. The paper discusses how fairness in granting patents and equitable access to their benefits are essential virtues. Virtuous innovation should prioritize the common good, and biotechnology patents should not merely serve commercial interests. Justice requires that the burdens and benefits of biotechnological progress be distributed equitably across society, ensuring that vulnerable populations are not excluded. Virtues such as compassion, honesty, and responsibility guide ethical behaviour in research and innovation, promoting a morally sound and socially just biotechnology landscape. Additionally, the paper delves into broader issues of social justice, particularly how patents affect access to medicines and agricultural technologies in developing countries. It examines mechanisms like compulsory licensing, patent pools, and differential pricing to mitigate the adverse effects of patent monopolies. Concerns over biopiracy and the exploitation of traditional knowledge further complicate the ethical landscape, highlighting the need for policies that ensure fair benefit-sharing and respect for indigenous rights. In conclusion, the ethical debate on biotechnology patents is complex and multifaceted. A balanced, morally grounded approach that incorporates utilitarian, deontological, and virtue ethics perspectives is essential for navigating the tensions between innovation, ownership, and equitable access. This paper argues for a reformed patent system that not only rewards inventors but also safeguards public welfare and upholds ethical responsibilities in biotechnology.545 views -
Balancing Trademark Dilution Protection and Freedom of Speech in India: A Critical Analysis
Research Scholar at OPJS University, Churu, Rajasthan, IndiaPages 4542 - 4558This paper examines the concern between trademark dilution protection and the right to freedom of speech in India. As Indian trademark law has expanded to include anti-dilution provisions, concerns have arisen about the potential impact on freedom of expression, particularly in the contexts of parody, criticism, and commentary. This research analyzes the evolution of dilution doctrine in India, key legal precedents, and the challenges in reconciling dilution protection with constitutional guarantees of freedom of speech. By exploring cases such as ITC Limited and Ford India Private Limited, this paper highlights the developing judicial approach to balancing these competing interests. The study concludes that while Indian courts have shown some sensitivity to freedom of speech concerns, there remains a need for clearer statutory guidelines and judicial standards to prevent overreach of dilution claims and safeguard legitimate expressive uses of trademarks.463 views -
Copyright in the Digital Era: Evolution, Challenges and Future Perspectives
Research Scholor at ICFAI Law School, IndiaPages 4559 - 4570The advent of the digital era has profoundly transformed the landscape of copyright law, presenting both groundbreaking opportunities and unprecedented challenges. This paper delves into the evolution of copyright frameworks in response to technological advancements, highlighting the shift from traditional concepts to adaptive policies tailored for digital environments. Key challenges such as digital piracy, enforcement complexities, and the ethical implications of AI-generated content are examined, alongside emerging issues like the ownership of digital creations and the balance between accessibility and exclusivity. Future perspectives explore sustainable solutions, including international harmonization, evolving legal definitions, and interdisciplinary approaches that integrate technological innovation with equitable cultural preservation. This comprehensive analysis aims to contribute to the discourse on reshaping copyright for a digitally interconnected world while safeguarding creative expression and cultural heritage.1,350 views -
Pages 4571 - 4582This paper delves into the pressing need for India to ratify the United Nations Convention Against Torture (UNCAT) to bolster its legal framework for extradition. It kicks off with a look at what extradition entails and the key principles involved, like dual criminality, reciprocity, and the crucial prohibition of torture or degrading treatment in the requesting state. These principles often take centre stage in extradition cases, particularly when foreign courts seek assurances regarding human rights. The paper offers a clear overview of the UN Convention Against Torture, emphasizing its role in combating torture worldwide and its growing importance in extradition matters. Even though India signed the Convention back in 1997, it stands out as one of the few democracies that have yet to ratify it. The study explores potential reasons for this delay, such as concerns about sovereignty, a lack of political agreement, and the absence of comprehensive anti-torture laws in domestic legislation. Additionally, the analysis looks at how ratifying UNCAT could enhance India’s extradition efforts, especially in situations where foreign courts have either denied or postponed extradition requests due to worries about custodial torture. Ratification would not only represent a legal and moral commitment but also provide credible assurances to other nations, aligning India’s legal framework with international human rights standards. This paper makes a strong case that ratifying UNCAT is both a legal obligation and a diplomatic imperative.410 views
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Pages 4583 - 4598India maintains an extensive legal framework for GBV prevention yet gender-based violence continues to be a widespread permanent human rights violation throughout the country. The study identifies statutory protection implementation failures through investigations of social norms together with law enforcement indifference and procedural delays and patriarchal system preferences which prevent victims from obtaining justice. This analysis examines legal reform effectiveness through Indian Penal Code and Protection of Women from Domestic Violence Act, 2005 and Criminal Law (Amendment) Act, 2013 in response to Nirbhaya case and other major incidents using legislative instruments. The research analyzes the implementation of these laws by police mechanisms with judicial process whereas infrastructure in forensics and identifies the operational limitations that block survivor-focused justice systems. The research framework applies a rights-based intersectional approach to suggest the need for legal accountability support from institutional improvements through capacity development and gender-responsive policy delivery. This study includes empirical learning from international utmost practices to develop a structure which improves accountability together with survivor dignity and cultivates a culture of deterrence. This study emphasizes that bridging the divide between legal systems and justice outcomes needs meaningful laws with systematic changes to make gender-violence victim recovery accessible and effective through justice mechanisms.587 views
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Pages 4599 - 4614In India many mental health patients receive law enforcement punishment instead of treatment in the criminal justice system. This study examines how existing legal and administrative problems increase the exclusion of mentally ill persons from Indian criminal justice processes. Our research examines why Indian laws and policies do not support the mental health requirements of accused people and imprisoned individuals while suggesting necessary improvements. This research aims to assess how well the Mental Healthcare Act of 2017 and the Indian Penal Code and Code of Criminal Procedure help people with mental health issues plus suggests major changes. Our research shows that even though new rules exist mental health support in detention facilities remains broken because different agencies do not work well together. Plus prisons lack enough mental health experts and courts do not pay enough attention to mental health problems in their sentencing decisions. The study identifies major problems in current law enforcement and healthcare services because mental health evaluations are optional during criminal proceedings and almost no individuals are transferred to healthcare facilities. Law enforcement and judiciary staff should learn mental health basics while courts that focus on mental health need support and prisons and forensic mental health facilities require better setup. Our study supports the idea of running human services rather than jail programs to help offenders and make the justice system follow India's legal requirements and global rights protections.834 views
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Pages 4615 - 4628In the evolving business landscape, innovation and research have become crucial drivers of growth. However, their continuity depends on a thriving competitive environment. If monopolistic practices and anti-competitive behavior go unchecked, new businesses, efficient distribution networks, and sustainable markets will struggle to succeed. While market dominance is a natural goal for organizations and not inherently negative, its misuse or abuse must be strictly regulated. Competition law plays a vital role in ensuring a fair and balanced marketplace, providing equal opportunities for both established players and new entrants.376 views
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Pages 4629 - 4648The spread of deepfake technology has created tremendous legal issues, especially regarding the possibility of misuse on social media sites. Deepfakes based on artificial intelligence for creating forged media are potential threats to privacy, reputation, and national security. This research discusses the use of intermediaries and social media websites in inhibiting the dissemination of deepfakes under Indian IT laws. It investigates the legal mechanism offered by the Information Technology Act, 2000 (IT Act) and associated regulations to determine the intermediary's liability to curb the spread of dangerous deepfakes. The paper deconstructs the role of platforms in detecting, deleting, and stopping the re-uploading of deepfake materials, while addressing free speech and privacy rights. The research further examines the existing gaps in the law and proposes regulatory responses to address the emergent threat of deepfake technology.432 views
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Pages 4649 - 4665This comprehensive project delves into the nuances of drafting critical legal documents in the Indian criminal justice system, specifically bail applications, writ petitions under Section 482 of the Code of Criminal Procedure (Cr.P.C.), Public Interest Litigations (PILs), and criminal appeals. With a focus on procedural law, this project highlights the significance of meticulous drafting in ensuring access to justice, fair trials, and the protection of fundamental rights. By examining the intricacies of these legal documents, this project aims to provide a practical guide for legal practitioners, judges, and law students to navigate the complexities of criminal procedural law in India. Through a detailed analysis of the Cr.P.C. and relevant case laws, this project seeks to establish the importance of effective drafting in shaping the outcome of legal proceedings and upholding the principles of justice.633 views
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Navigating the Dual Nature of Data
Student at Amity University, Rajasthan, IndiaPages 4666 - 4670It is well said by Nandan Nilekani that “The data has become the new oil.” In the digital era, data is both a tremendous tool and a huge liability, bringing complex difficulties to cyber law in balancing empowerment and protection. The data drives innovation, economic growth, and decision-making in industries such as e-commerce, artificial intelligence, healthcare, and scientific research, resulting in personalised experiences and technical improvements. However, mismanagement creates dangers such as data breaches, cyberattacks, and regulatory complexity such as India's Aadhaar-related vulnerabilities, highlight systemic flaws in data management. Robust frameworks such as the European Union's General Data Protection Regulation (GDPR) and India's Digital Personal Data Protection (DPDP) Act are crucial for managing data collection, storage, and usage, with the goal of protecting individual privacy while supporting responsible data utilization. As cybercrime evolves, tighter legislation, harsher fines, and increased cybersecurity investments become critical. This essay investigates data's dual nature as a driver of advancement and a source of vulnerability in the twenty-first century digital ecosystem. It emphasizes the importance of a balanced approach to leveraging data's potential while reducing its risks through case studies and regulatory framework research. The essay advocates for comprehensive methods, including strong legal safeguards and ethical norms, to protect personal data and promote responsible use within legal limitations, ensuring a secure and inventive data-driven future for India and beyond.349 views -
Pages 4671 - 4691This research paper critically examines the legal and procedural framework governing dowryrelated offences in India, focusing on the Dowry Prohibition Act, 1961 and its operational interface with the “Bharatiya Nyaya Sanhita, 2023”, “Bharatiya Nagarik Suraksha Sanhita, 2023”, and “Bharatiya Sakshya Adhiniyam, 2023”. Despite the presence of dedicated statutes criminalising the giving, taking, and demanding of dowry, the implementation of these laws remains fraught with systemic inefficiencies. The study evaluates the institutional roles of the police and judiciary, identifying persistent issues such as delayed FIR registration, flawed investigations, weak prosecutions, inconsistent judicial interpretations, and underutilization of statutory presumptions. Through an in-depth analysis of landmark Supreme Court judgments, procedural lacunae, and statutory under-enforcement, the paper reveals how legal remedies fail to translate into accessible justice for victims. It highlights how dowry-related crimes, particularly those resulting in cruelty or death, continue to be trivialised within India’s criminal justice system. The paper concludes by offering specific recommendations for structural and procedural reforms aimed at ensuring timely investigation, sensitive adjudication, and effective enforcement, thereby upholding the constitutional mandate of dignity, equality, and protection of women against exploitation.721 views
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Pages 4692 - 4715The foundation of any civilised society is justice. For thousands of years, the pursuit of justice has been a goal that humanity should aim for. Since it has been argued with justification that "justice delayed is justice denied," an efficient judicial system requires that just outcomes be obtained promptly as well. However, the Indian legal system's current infrastructure is inadequate to address the mounting backlog of cases in a reasonable amount of time. Despite the judiciary's perpetual efforts, the average individual may occasionally find themselves trapped up in litigation for the rest of their lifetime; on certain occasions, litigation even endures onto the next generation. Alternative Dispute Resolution has exhibited to be handy because, in most instances, it offers an amicable mechanism and a win-win scenario for both the parties. Every sort of dispute, including those concerning the workplace, families, businesses, and corporations, can be settled by means of ADR. The concept of alternative dispute resolution (ADR) is introduced in this study, followed by an analysis of its historical roots in the Indian legal system. The many forms of ADR (Arbitration, Mediation, Negotiation, Conciliation, and Lok Adalat’s) that are employed in India are then covered. Information about India's ADR laws is also included in the article. The benefits of ADR are also covered in the paper. The future of ADR in India's judicial system is also examined in the paper. The report concludes with several recommendations for further study and methods to increase the ADR mechanism's level of participation.325 views
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Pages 4716 - 4740This paper examines the jurisprudential significance of dissenting opinions in the Supreme Court of India's interpretation of fundamental rights. Through critical analysis of landmark dissents, the research reveals how minority judicial voices have shaped the evolution of constitutional rights discourse in India. The study demonstrates that dissenting opinions, though lacking immediate precedential value, often anticipate future doctrinal developments and contribute to the progressive interpretation of fundamental rights. Notable dissents, including Justice Subba Rao's privacy articulation in Kharak Singh, Justice Khanna's defense of liberty during Emergency in ADM Jabalpur, and Justice Chandrachud's critique of the Aadhaar system, have later become foundational to India's constitutional jurisprudence. The research adopts a comparative approach, drawing parallels between American and Indian judicial dissent traditions to contextualize the transformative role of dissent in constitutional democracies. The findings reveal that dissent serves multiple functions: it preserves judicial independence, offers alternative constitutional visions, catalyzes doctrinal evolution, and reinforces constitutional morality. By analyzing the delayed vindication of dissenting opinions, this study establishes that judicial dissent represents not merely disagreement but a vital mechanism for constitutional growth and the protection of individual liberties in India's democratic framework.610 views
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Sexual Autonomy of Women in India: Challenges and Way Forward
LL.M. Student at The Tamil Nadu Dr. Ambedkar Law University, IndiaPages 4741 - 4754Sexual autonomy, central to the principles of bodily integrity and human dignity, remains a fiercely contested terrain in India. While it promises individuals, particularly women, the right to make independent decisions over their bodies, sexuality, and reproduction, entrenched patriarchal structures have long subjugated this autonomy to the demands of family honour, religious morality, and communal control. Legal reforms and judicial pronouncements have nominally advanced sexual and reproductive rights, yet deep-seated societal resistance continues to undermine these gains, subjecting autonomous women to social policing and stigma. This paper interrogates the historical trajectory of sexual autonomy from pre-Vedic times to the colonial period, critiques the judiciary’s often ambivalent role in either reinforcing or challenging patriarchal norms, and scrutinizes the contemporary legal and social exclusions faced by marginalized groups such as minor girls and women in sex work. The paper also shed lights marital rape which is seen as taboo topic and the approach of Courts in dealing it. It argues that the gap between constitutional ideals and lived realities reveals a systemic failure to realize sexual autonomy as an uncompromising right and a site of radical political resistance.684 views -
Pages 4755 - 4765The word “uniform common code" means common law for every citizen of India irrespective of their religion. Article 44 of the Indian Constitution “The state shall endeavour to secure common code for every religion.” As India has a diverse religion it has different personal laws too which should be unified. The uniform civil code will bring gender equality and justice among everyone. Some people might argue that uniform common code will infringe their freedom of religion . The researcher in her research paper will also deal with challenges in favour of uniform common code. The debate revolving around the implementation of the UCC in India is complex and involves a delicate balancing of modernity, secularism, and religious diversity. While the adoption of a UCC could perhaps simplify the legal process and promote gender equality, its implementation faces significant political, social, and cultural challenges. This abstract explores the arguments for and against the harmonized civil code, its probable outcomes on Indian society, and the challenges involved in its formulation and adoption.549 views
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Pages 4766 - 4773Everyone has the fundamental and unalienable right to human rights, regardless of their race, religion, gender, or social standing. Fundamental rights serve as the cornerstone of contemporary democratic countries and are established in international law. Businesses can help promote and preserve human rights even though governments are largely in charge of seeing that they are enforced. This study will examine how human rights relate to business operations and will highlight some of the potential and problems that result from it.324 views
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Pages 4774 - 4786Though the legal system and society view domestic abuse as a gender-specific crime, where only women are considered as victims and men as offenders, it is clearly a ubiquitous problem in India. Although progressive in many areas, the Protection of Women from Domestic Violence Act, 2005 (PWDVA) clearly excludes male victims from its protective scope. This study aims to clarify sometimes the disregarded reality of males who experience domestic abuse—from psychological and emotional manipulation to physical violence—abuse that is routinely denied, underwritten, or ridiculed because of dominant gender norms. This study critically investigates the systematic neglect, legal silence, and institutional vacuum surrounding male victimizing in India by means of doctrinal legal analysis, empirical references, media reports, and comparative viewpoints from jurisdictions with gender-neutral domestic violence laws. It also looks at the society standards of masculinity that discourage men from getting treatment and the lack of support systems including helplines, shelters, or legal remedies for them. The study underlines that appreciating male suffering strengthens the equality before the law rather than lessens women's rights. It advocates inclusive policies guaranteeing protection for all victims of domestic violence, regardless of gender, as well as gender-neutral legal changes and better data collecting. Through addressing this legal blind hole, the study adds to the larger conversation on justice, equity, and human dignity in India's changing sociopolitical scene.1,874 views
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Pages 4787 - 4814“The Constitution of India enshrines equality as a fundamental right. Article 16 specifically guarantees equality of opportunity in public employment. Despite this constitutional mandate, women continue to face discrimination in workplaces across India. This research paper critically examines the efficacy of Article 16 in protecting women against workplace discrimination.” The paper analyzes the textual provisions of Article 16 and its clauses relating to equal opportunity. It explores judicial interpretations that have shaped the practical application of Article 16. “The Supreme Court has played a significant role in interpreting constitutional provisions to safeguard women's rights. Notably, in cases like Air India v. Nargesh Meerza and Vishaka v. State of Rajasthan, the Court established important precedents”. Workplace discrimination manifests in various forms. These include pre-employment discrimination, wage disparity, occupational segregation, and sexual harassment. Despite constitutional guarantees, implementation challenges persist due to institutional barriers and sociocultural impediments. The research highlights the gap between constitutional promises and workplace realities for women. The paper further examines comparative perspectives. It looks at constitutional provisions on workplace equality in other jurisdictions. International legal standards on women's right to work provide valuable insights. “The Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) establishes important benchmarks”. The research concludes by proposing legal and policy frameworks. These could strengthen Article 16's implementation and advance substantive equality. The judiciary's role in progressive interpretation of constitutional provisions remains crucial. Legislative measures and institutional reforms are equally important to realize the constitutional vision of gender equality.696 views
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Pages 4815 - 4829The Right to Education (RTE) in India, established under Article 21-A of the Constitution after the 86th Amendment, ensures that children aged 6 to 14 receive free and compulsory education. This paper examines the development of RTE from its origins in the Directive Principles of State Policy to its implementation through the Right of Children to Free and Compulsory Education Act, 2009. It reviews the legal framework, the involvement of central and state governments, key implementing bodies, and community mechanisms like School Management Committees. Despite considerable progress, issues such as inadequate infrastructure, teacher absenteeism, technology gaps, and the exclusion of marginalized groups continue to exist. Case studies from Delhi and Kerala showcase effective models, while states like Bihar and Uttar Pradesh illustrate ongoing difficulties.561 views
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Pages 4830 - 4851The Uniform Civil Code (UCC), articulated in Article 44 of the Indian Constitution within the Directive Principles of State Policy, aims to establish a unified set of civil rules applicable to all individuals, regardless of religion, caste, or community. Although it is a constitutional obligation, the execution of the Uniform Civil Code (UCC) has persisted as a contentious matter in India, owing to the existence of various personal laws regulating marriage, divorce, inheritance, and adoption among different religious communities. This research study conducts a critical analysis of Article 44, considering its constitutional purpose, judicial interpretation, and socio-legal ramifications. It analyzes the intricate relationship between the Directive Principles and Fundamental Rights, including Articles 25 and 26, which ensure the freedom of religion. This article examines, via a comprehensive analysis of significant judicial rulings and Law Commission reports, whether the Uniform Civil Code (UCC) is essential for realizing the constitutional objectives of equality and secularism, or if it compromises the cultural and religious liberty of many populations. The report examines comparative perspectives from other countries and assesses current legal and political developments related to the UCC in India. The analysis aims to reconcile the concepts of uniformity and pluralism, proposing a measured approach to legal reform that honors both constitutional morality and India's multicultural essence.3,113 views
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Balancing Risk and Return: Comparative Study of Specific Equity, Debt and Hybrid Mutual Fund Schemes
Student at Amity Law School Kolkata, Amity University Kolkata, IndiaPages 4852 - 4863The performance of selected debt, equity, and hybrid mutual fund schemes in India is investigated in this study in terms of market volatility and the risk-return relationship. The study analyzes the funds using financial tools like the Treynor Ratio, Jensen Ratio, Sharpe Ratio, Beta, Standard Deviation, and Rate of Return. Around 20 respondents completed a questionnaire to provide primary data, and sources like AMFI, NSE, and BSE provided secondary data. According to the research, investors prefer equity mutual funds over debt and hybrid funds, indicating that they are looking for riskier investments. This study gives investors insight into their preferences and advises capitalists on the most effective investment strategies.522 views -
Pages 4864 - 4873Innovation today is taking place in a technological world and Intellectual Property Rights are essential to protect it. Artificial and digital platforms, as well as blockchain, have challenged the existing framework of IPR from a traditional standpoint to adapt. This paper examines the effect of technology on IPR, particularly in the context of India’s legal framework, enforcement challenges and policy recommendations. It aims to analyse the emerging concerns related to relevant IPR, assess the existing laws, identify the enforcement gaps, and suggest the mitigation measures to achieve an effective protection. The study also elaborates on the global implications of digital IPR issues and the significance of harmonizing laws in different jurisdictions. To achieve this balance between innovation and intellectual property protection in the increasingly digital landscape, issues related to strengthening IPR governance, ethical concerns with machines that produce IPR works, and adapting legal frameworks will be critical.443 views
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The Role of Emotional Labour in Reinforcing Gender Roles in Care Work
ICSSR Doctoral Fellow at Central University of South Bihar, Gaya, IndiaPages 4874 - 4890Emotional labour, first conceptualized by Arlie Hochschild, refers to the process of managing emotions to align with role expectations. In the realm of unpaid and care work, emotional labour is a critical yet frequently overlooked aspect of caregiving. This study investigates how emotional labour reinforces traditional gender roles, perpetuating systemic inequalities within patriarchal structures. By examining the socio-cultural, economic, and psychological dimensions of emotional labour, the paper sheds light on its role in sustaining gendered expectations and the marginalization of care work. Using feminist theories and intersectional approaches, it argues for the urgent recognition and redistribution of care responsibilities. The study also emphasizes the need for comprehensive policy interventions to address the disproportionate burden of care work placed on women and to challenge the structural inequities inherent in current caregiving norms.1,254 views -
Global Regulation of Human Genome Editing: Legal and Ethical Dilemmas
LL.M. Student at Khwaja Moinuddin Chishti Language University, IndiaPages 4891 - 4909This research paper takes a closer look at how different countries around the world are dealing with human genome editing, a fast-growing area in science and medicine. Genome editing, especially with tools like CRISPR-Cas9, has the potential to treat genetic diseases, improve human health, and even alter future generations. However, it also brings many serious questions about safety, ethics, and fairness. The paper compares how various countries have created different laws and policies to regulate this technology. Some countries have strict rules that completely ban editing human embryos, while others allow it under certain conditions. These differences show a lack of global agreement, which can lead to confusion and potential misuse of the technology. In addition to national laws, the paper also explores the role of international organizations such as the World Health Organization (WHO) and UNESCO. These bodies have called for the responsible use of genome editing and have suggested the need for global guidelines. Yet, there is still no single international law that all countries follow. The paper also discusses major ethical issues, such as editing genes in embryos, which can pass changes to future generations. This raises concerns about consent, inequality, and the possibility of creating “designer babies.” There are also fears that powerful countries or companies could misuse this technology for profit or control. Because of these challenges, the paper argues that the world needs a more united approach. It calls for creating shared legal standards and strong ethical review systems to ensure genome editing is used safely, fairly, and in ways that respect human rights. It also highlights the importance of public awareness and global cooperation to guide the future of genome editing in a responsible direction.629 views -
Pages 4910 - 4929This paper study about the Social Security Schemes implemented by the Union Government and Tamil Nadu Government for the welfare of the Unorganized workers. This Paper Emphasis the need of Merging and Unifying the Union Government and State Government Welfare Schemes for the Social Protection and Social Assistance of the unorganized workers within Single Umberla. This Paper also analyses the Various Union Government Schemes for unorganized workers availed in different Channels and Social Security Schemes availed by the Tamil Nadu Government to different Categories of the unorganized workers and discussing about the problems in Implementation of the Schemes.502 views
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Pages 4930 - 4956As environmental concerns continue to rise, consumers are increasingly seeking out eco-friendly products and companies. However, amidst this trend, there is a growing phenomenon known as greenwashing, wherein companies deceptively portray their products or practices as environmentally friendly to capitalize on this demand. This research aims to explore consumer awareness of greenwashing practices and its impact on purchasing behaviour. The study employs a mixed-method approach, combining quantitative analysis using independent t-tests and ANOVA (Analysis of Variance) to examine the relationship between consumer awareness of greenwashing and demographic variables such as age, income, and education level. Additionally, qualitative data through surveys and interviews are collected to provide deeper insights into consumer perceptions and behaviours regarding greenwashing. The findings of this research provide valuable insights into the prevalence of greenwashing and its effect on consumer decision-making. Understanding consumer awareness of greenwashing can aid policymakers, marketers, and consumers themselves in making informed choices and combatting deceptive environmental claims in the marketplace.393 views
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Pages 4957 - 4969This research primarily delves into the principles of international water law and the discourse regarding the same. There are certain treaties which the countries sign in order for peaceful harmony in their respective nations and the world at large. However, since the treaties are not binding upon the countries until they become the signatories, the states have the privilege to refuse to become a part of such co-operative arrangements. Therefore, the study analyses the principles of international water law in the scenario of transboundary water course. In order to conclude with a practical, current scenario, the study analyses and discusses upon the Ganges dispute, the primary principle violated of which is “principle of no significant harm.”348 views
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Evidentiary Value of Lie Detector in The Indian Legal System
LL.M. student at the West Bengal National University of Juridical Sciences (WBNUJS), IndiaPages 4970 - 4977Since the dawn of humanity, it has been a very characteristic of every human being to lie. The necessity for lying may be for any reason. It may be to protect oneself or loved ones, or it may be for any gain, etc. The criminal justice system's focus has always been to establish the true facts before the court of law. Now, what is the best way to know the truth than to see the truth from the accused himself? Thus came the lie detector test. This device works on the presumption that a person telling the truth would have a different physiological change than someone lying. This device has been used routinely in many criminal investigations, even though it has been banned in certain countries. Its use in criminal investigation and its evidentiary value remains highly debatable. In this paper, the researcher will analyse why polygraph results hold very little or no evidentiary value in criminal trials.223 views -
Secularism in India: A Constitutional Perspective on Religious Freedom and the Places of Worship Act,1991
Student at Amity University, Uttar Pradesh, IndiaPages 4978 - 4997This research essentially addresses the complex interplay between secularism and religious freedom within the conceptual framework afforded by the Constitution of India by analyzing the conditions under which these principles have been conceived, inscribed, and contested within the contemporary society of India. It is neither the form of hardy church-state separation found in the West nor the principle of principled engagement under which the state does not favour or disadvantage any religion but retains the authority to endorse intervention in matters to safeguard constitutional values such as equality, dignity, and social justice, by which Indian secularism may be described. It will doctrinally and comparatively study the constitutional provisions, constitutive principles, as well as landmark judicial pronouncements, and evolving legislative frameworks. It scrutinizes Articles 14, 15, 19, 21, and 25-28 of the Constitution, like the cases of S.R. Bommai, Shayara Bano, and certain ongoing debates like that of the Places of Worship Act, hijab controversy, and Uniform Civil Code. Findings indicate that the Indian constitutional design; while externally facilitating plurality and internals of religious coexistence, judges have created inconsistencies in interpretation-most importantly concerning the "Essential Religious Practices" doctrine well as inserted and politicized identities into non-religious matters, which threaten the very strength of secularism. The dissertation concludes with recommendations which include codification of secular principles, revisiting contentious laws such as the Places of Worship Act, and ensuring that all segments are included in consultation while implementing UCC. Through a constitutional and socio-legal lens, this research affirms that India must be secular in dealing with modern-day challenges but must not let go of its traditional virtues of equality, justice, and fraternity among men today: a diverse democratic society.754 views -
Pages 4998 - 5014Gig economy in India, supported extensively by platforms such as Uber, Swiggy, and Zomato, is providing employment to millions in flexible arrangements. These platform workers are treated as independent contractors, which keeps them outside the ambit of traditional labor laws in most respects, especially regarding occupational safety. This paper investigates the extent of protection and benefits extended to platform workers by existing Indian workplace safety laws, particularly the Labour Codes enacted in 2019-2020 and the Social Security Code, 2020. Statutory analysis, review of case law (including IFAT v. Union of India), and comparative insights from UK, US and EU will lay bare the glaring legal gaps. Innovations at the state-level include promising welfare mechanisms such as accident insurance and algorithmic transparency in Rajasthan’s 2023 Act and Karnataka’s 2024 Bill, but they do not go as far as bringing workers in under the definition of employee. Judgments have so far not been able to put an end to ambiguities regarding employment status, thus stymying the application of mandates regarding safety. While the Union Budget, 2025, and Bill proposed to set up a national law are progressive, they suffer from the usual malady of delayed regulations and resistance from platforms. Reclassification of gig workers along occupational safety laws with the filling of mandatory protections, harmonizing ‘all-too-fragmentary’state initiatives under the umbrella of a national framework is essential to maintain constitutional rights and equitable labor standards in the digital economy of India, concludes the article.843 views
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International Space Law: Exploring the Juridical Implications of AI in Extraterrestrial Conflict
Student at Government Law College, Coimbatore, IndiaPages 5015 - 5032As humanity ventures further into space, the prospect of extra-terrestrial conflicts— whether between human nations, human and extra-terrestrial civilizations, or even AI systems—presents unprecedented challenges in the realm of international space law. Any use of an anti-satellite weapon in outer space increases tensions around the possibility of an outer space arms race. The prospect that a conflict could be waged from earth to space, space to earth, or in space itself inches closer to reality. The integration of artificial intelligence (AI) into space activities, especially in warfare or conflict resolution scenarios, amplifies these challenges by introducing complexities related to accountability, the ethics of autonomous decision-making, and the governance of space-based assets, which will have a revolutionary impact on space operations. Existing space treaties, such as the Outer Space Treaty, the Liability Convention, and the Registration Convention were crafted in an era where AI and extra-terrestrial conflicts were not foreseen, leaving significant gaps in regulation. This paper explores the juridical implications of AI in extra-terrestrial conflicts, focusing on four key areas: the legal status of AI in space warfare, accountability for autonomous systems, ethics and human rights, and the management of extra-terrestrial resources. Further, this paper examines the application of the various ‘soft-law’ instruments focused on the responsible development of AI systems to space-based AI systems. This study advocates for creating updated international agreements and treaties to regulate the use of AI in space, addressing the growing intersection of militarization, AI technology, and the peaceful use of space. The juridical landscape for space will need to evolve to accommodate the transformative role of AI, ensuring that outer space remains a domain for exploration and cooperation, rather than conflict.591 views -
Digital Proof on Trial: An Analysis of Section 65B and Admissibility of Electronic Evidence in Trial Court
LL.M. student at Gautam Buddha University, Opposite Yamuna Expressway, Noida, Uttar Pradesh, IndiaPages 5033 - 5044The growing dependence on electronic technology in private and business life has generated a vast increase in the amount and importance of electronic documents. These comprise emails, electronic agreements, video recordings from monitoring, and mobile phone information, all of which can become vital pieces of evidence in court cases. But, as compared to conventional paper documents, electronic records pose distinct admissibility challenges because of authenticity, reliability, integrity, and tampering or manipulation issues. This article discusses the legal provisions for the admissibility of electronic evidence, with an emphasis on the Indian legal system, particularly the Indian Evidence Act, 1872, as updated by the Information Technology Act, 2000. The core area of debate is Section 65B of the Evidence Act, which has prescribed special procedural and technical requirements for the admission of electronic evidence. The article discusses landmark judgments, such as Anvar P.V. v. P.K. Basheer and Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal, which had decided the jurisprudential approach to Section 65B certification as mandatory. In addition, the research compares United States and United Kingdom practices to see how common law jurisdictions are responding to equivalent challenges. It analyzes technological capabilities like hashing, digital signatures, and blockchain to establish their contribution towards making evidence more reliable. The paper concludes by proposing the creation of standardized protocols, judicial training in digital forensics, and legislative reform to bring legal processes into harmony with changing technological realities. Admissibility of electronic records remains a vital issue in securing justice being served and perceived to be served in the digital era.1,127 views -
Labour Market Compliance and Adaptation for AI Integration in India
LL.M. Student at School of Law, R.V. University, IndiaPages 5045 - 5053The aim of this paper is to highlight the amalgamation of AI and the current Labour market in India. This provides for a diaspora of adaptations with regards to the essential functions of society. A predominant focus is aimed at the legal reforms that are necessary due to the unprecedented introduction of AI, as it is quickly developing as a major threat across industries and unlike other nationalities, India’s labour force is extremely vast and diversified, causing a unique predicament with regards to inculcating the benefits that AI introduces to the traditional methodologies, without causing an imbalance to the employment structure or adding to any societal woes caused due to social inequality. The constant theme of the paper is on the conceptualization of AI and its impact towards the economy, the people and the legal problems arising from it. It talks about the legal identity and accountability of AI when positioned against traditional labour-induced services and if the offset of AI against human work is justifiable. The goal of this paper is to ensure that through this process of integrating AI into the economy, it is visualized with a human-centered approach with the primary objective of improving the existing functions of the market and not to oust the existing elements of the market. The paper further suggests for future developments focused towards introducing newer laws aimed purely at the development of AI.336 views -
Pages 5054 - 5068The Insolvency and Bankruptcy Code (IBC), 2016, brought a paradigm shift in the insolvency framework of India by prioritizing time-bound resolution over liquidation. However, the treatment of operational creditors under the Corporate Insolvency Resolution Process (CIRP) has sparked considerable debate. Unlike financial creditors, operational creditors often lack representation in the Committee of Creditors (CoC), limiting their influence in the resolution process. This paper critically analyzes the statutory framework, judicial pronouncements, and practical implications to assess whether operational creditors are placed on an unequal footing. It explores the rationale behind the differential treatment and evaluates whether it aligns with the principles of fairness, equity, and the objectives of the IBC. The study concludes with suggestions for a more balanced approach that safeguards the interests of operational creditors while maintaining the commercial efficacy of the CIRP.514 views
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Deconstructing Gender Equality: A Jurisprudential Critique of Rights and Social Justice
Student at School of Law, Christ (Deemed to be) University, Bangalore, IndiaPages 5069 - 5072This essay critically examines the concept of gender equality from a jurisprudential perspective, addressing its limitations and structural challenges within legal and societal frameworks. It explores the foundations of gender equality in the Indian Constitution, its alignment with international human rights principles, and its categorization as a second-generation right requiring state intervention. Drawing parallels with caste-based inequalities, the essay critiques the inadequacies of the current legal framework in addressing the patriarchal and social constructs that perpetuate gender hierarchies. Incorporating insights from Angela Saini’s The Patriarchs: The Origins of Inequality, the essay delves into the historical and anthropological roots of gendered oppression, revealing how laws, customs, and capitalism have entrenched male dominance. John Rawls' Veil of Ignorance is employed to propose a fair and impartial framework for justice, advocating for substantive equality over formal equality. Inspired by B.R. Ambedkar’s vision of dismantling caste and social hierarchies, the essay calls for transformative legal and social reforms to render gender identity obsolete, ultimately envisioning a society rooted in true equality and justice.392 views -
Balancing Belief and Law: The Constitutional Debate on Religious Rights
Student at Amity Law School, Noida, IndiaPages 5073 - 5082This research study investigates the complicated and frequently contradictory interplay between religious liberties and constitutional safeguards in India. It opens with a thorough discussion of the Supreme Court's recent involvement in suspending legal proceedings under the Places of Worship Act of 1991, demonstrating how judicial action might protect against communal strife. The study examines how, unlike Western models, Indian secularism prioritizes equal respect for all religions above their separation from the state through constitutional provisions such as Articles 25 to 28, as well as key rulings. It also examines fundamental religious practices, the freedom to convert, and the constraints imposed by public order, morality, and health. The article examines the judiciary's changing perspective on religious liberties, notably in terms of individual rights vs group or community-based safeguards. Finally, it adds that, while religion continues to play an important part in Indian society, the Constitution is dedicated to a framework that places secularism and equality at the center of democratic life.531 views -
Pages 5083 - 5113The rapid evolution of Artificial Intelligence (AI) has significantly transformed various sectors, offering substantial improvements in productivity, efficiency, and innovation. However, this technological advancement has also introduced new dimensions to cybercrime. From AI-powered phishing attacks to deepfakes and automated hacking tools, criminals are exploiting A.I. to launch more sophisticated and targeted cyberattacks. This research paper explores the dual-edged nature of A.I. in the context of cybercrime, discussing both its potential in aiding cybercriminal activities and its promise in combating cyber threats. The paper further examines the legal challenges posed by AI-driven cybercrimes, including issues of jurisdiction, attribution, legal accountability, and the adequacy of existing laws. Finally, it discusses potential legal and regulatory frameworks that could address these challenges while leveraging AI's capabilities to improve cybersecurity measures.602 views
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Pages 5114 - 5124The banking sector is undergoing a significant paradigm shift due to the integration of artificial intelligence. AI allows financial companies to improve user experiences, optimize service efficiency, and decrease dependence on human errors. However, the integration of AI in the financial sector faces various challenges, including regulatory compliance obstacles, resistance to change, and a mismatch between customer needs and institutional responses, which leads to lack of building trust in Digital Banking economy and imposes significant roadblocks in the growth of Indian banking industry. This research paper examines the various issues of implementation and building trust among consumers of AI in the banking sector, and addressing new challenges related to banking laws and regulations in India further, it also aims to propose effective strategies to enhance the efficiency of the banking sector and building the trust among consumers in digital banking system.428 views
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Pages 5125 - 5134Intellectual property (IP) rights are shaped and enforced in large part by the judiciary. This study compares the ways that courts in India and other countries—most notably the US, UK, and EU—protect designs, patents, copyrights, and trademarks. Through significant rulings, civil and criminal procedural procedures, and enforcement patterns, it evaluates the efficacy of the legal system. Courts in India have established a strong body of IP law via important decisions that uphold rights while weighing the interests of the general public. Globally, a range of judicial perspectives—from the EU's broad trademark protection to the US courts' complex patent injunction standards—offer insight into the difficulties and efficacy of IP enforcement. The study emphasizes the judiciary's vital role in developing IP law and making sure that enforcement upholds inventors' rights without restricting the public interest by identifying significant cases and interpretations.465 views
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Deciphering the Digital Dilemma: Exploring Copyright Infringements in the Modern Era
Student at Amity Law School, Noida, IndiaPages 5135 - 5144The rapid proliferation of internet users backed by technological advancements has facilitated many conveniences and opportunities, however, the same has also gradually developed into a breeding ground for numerous copyright violations. The research highlights that as the technological dynamics continue to leap as the days go by, it comes with the risk of advanced methods of infringing the exclusive rights of content creators. The issue of ease of access to copyrighted materials through the internet was first addressed by the state-of-the-art, Digital Millennium Copyright Act, 1998 of the United States, which could be regarded as a promising attempt to strike a balance between the exclusive rights of content creators and customers. India has also adopted rules that are on similar lines to the Digital Millennium Copyright Act, however, the same has been sluggish and not very substantial. The study using qualitative data scrutinises the current copyright protection framework of India vis-a-vis the Digital Millennium Copyright Act, 1998. The research further suggests measures that could be incorporated into the current Indian copyright protection framework to reinforce the framework cut above. The research in the course of establishing the same delves into accessing the effects of the Digital Millennium Copyright Act from an economic, innovation, artistic and technological standpoint while analysing its commendations and criticisms. In the current state of the rapidly proliferating digital era, protecting the exclusive rights of content creators is paramount. However, the same shall not be provided prejudicially jeopardising the rights of customers. The Digital Millennium Copyright Act came in with a lot of promises but it undermined the rights of customers by providing excessive authority to copyright owners. Therefore, it is a pressing priority to develop a framework that balances the exclusive rights of content creators as well as customers.325 views -
Under the Shadow of Bias: Critical Examination of Law Enforcement Actions as against the Experiences of Marginalised Groups in India
Student at Jindal Global Law School, OP Jindal Global University, IndiaPages 5145 - 5153This research delves into the intersection of law enforcement practices and socio-legal marginalisation in India and emphasises how institutional bias within law enforcement disproportionately affects religious minorities, caste-oppressed groups and other similarly situated vulnerable communities. The study exposes the dual role of policing agencies- as protectors of the legal order and as potential instruments of coercion to unveil their complicity in reinforcing social hierarchies through subjugation, active and passive violence, silence and evasion. Employing a doctrinal approach supplemented by empirical findings from human rights bodies and judicial inquiries, this piece analyses key legal safeguards present in the erstwhile Code of Criminal Procedure, 1973 (hereinafter as, CrPC) alongside landmark rulings of the Supreme Court of India. It makes explicit the consistent failure of state authorities to uphold the constitutional mandates of Articles 14, 15 and 21 to reveal how inherent biases manifest in day-to-day law enforcement mechanisms in the country. Through detailed case studies of custodial violence against oppressed groups, the use of draconian laws and a routine denial of police protection in caste, religious and gender-based violence, this paper demonstrates how discriminatory policing practices continue to remain entrenched in India’s everyday legal processes. The paper reminds us of the delays, refusals, and manipulations in the lodging of FIRs which operate as tools of systemic exclusion. The study argues for impending reforms in state mechanisms to hold the law enforcement agencies accountable, through independent complaints authorities, community policing models and the institutionalisation of anti-discrimination training. In doing so, the paper aids the discourse on transformative justice, state accountability, and the democratisation of law enforcement in India.596 views -
Inheritance Rights of ‘Eccentric’ Couples: Legal Entitlements of Spouses, Partners and Children
Student at Jindal Global Law School, OP Jindal Global University, IndiaPages 5154 - 5160Inheritance refers to the transfer of property governed by the laws of descent and distribution when a person dies intestate. Cohabiting partners and their children do not automatically inherit property, and the absence of specific inheritance laws for the queer community complicates the determination of property ownership in case of inheritance. Same-sex couples face structural and legal impediments in jurisdictions that do not grant legal recognition to their partnership or marriage. Crucial legal protections such as intestate inheritance, joint ownership and rights to the deceased partner’s estate are missing which in turn causes immense legal and (ultimately) financial hardship. Children raised by same-sex couples face the consequences of this lack of recognition of same-sex partnerships since they can legally inherit only from the adoptive parent, not their partner. In the absence of legal recognition, such families have to place reliance on wills and estate planning to safeguard their rights. The scope of this paper shall include a detailed discussion of the rights of inheritance of same-sex couples (or spousal inheritance) and their children in light of the question of legal validity of same-sex marriages. Since marriage is a key source of a bundle of rights, including inheritance rights, this paper shall engage with its legal benefits in terms of inheritance for spouses and children. The paper is a critique of the heteronormative assumptions underpinning the law and argues for the inclusion of chosen families in inheritance frameworks. Further, the paper shall look at the question of inheritance rights of children of same-sex couples in detail and end with an analytical note of the deductions of this research.328 views -
This study presents a critical examination of India's sedition legislation, analysing its transformation from colonial-era suppression tactics to contemporary legal frameworks. The research investigates Section 124A of the Indian Penal Code (1860) and its successor, Section 150 of the Bhartiya Nyaya Sanhita (2023), through multiple analytical lenses. The historical analysis reveals how British authorities originally crafted these provisions to quell India's independence movement, notably prosecuting prominent nationalists including Tilak, Gandhi, and Bhagat Singh. Post-independence, the legislation endured despite fundamental conflicts with constitutional guarantees of free expression, prompting ongoing judicial and political controversy. Our comparative legal assessment demonstrates that while the BNS reform eliminates problematic terminology like "disaffection," it introduces new conceptual challenges through undefined parameters regarding separatist activities and national unity. The enhanced sentencing framework (7 years to life imprisonment) presents additional concerns regarding its potential chilling effect on legitimate dissent. The paper evaluates landmark judicial interventions, particularly the Supreme Court's 2022 moratorium on sedition prosecutions, which highlighted systemic misuse against journalists, activists, and political opponents. Our findings suggest that despite procedural improvements in the BNS version, including intent requirements and digital-age applicability, substantive protections against arbitrary enforcement remain inadequate. This research ultimately questions whether India's sedition law reforms represent meaningful progress toward reconciling state security imperatives with democratic freedoms, or merely constitute symbolic modifications to outdated colonial legislation. The study concludes with recommendations for judicial, legislative, and civil society measures to establish appropriate safeguards in this contested legal domain.618 views
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Critical Analysis of Constitutional Reservation Policy in Strengthening the Political Participation of Women
Assistant Professor at Renaissance Law College, Indore, IndiaPages 5169 - 5188At present, India is one of the largest democracies of the world where the elected MPs, MLAs and members of the Panchayati Raj Institutions represent different religions, castes, and ethnicities at the three levels of the government. However, the representation of women in politics is dismal, as in the 18th Lok Sabha, only 74 women were elected, accounting for 13.6% of the total 543 seats, which is a slight decline from the 17th Lok Sabha. Although women’s representation in the Lok Sabha has risen over the decades, the overall proportion remains lower than the global average, where 26.9% of national parliament members are women. Hence, this research paper delves into the significant role of the Constitutional Reservation Policy in strengthening the political participation of women in India. The study specifically focuses on the impact of the 33% reservation introduced through the 73rd and 74th Amendment Acts in the Panchayati Raj institutions, as well as the more recent 103rd Amendment Act that proposes a similar 33% reservation for women in the Lok Sabha and state legislative assemblies. These legislative measures are designed to address gender disparity in political representation, but their true impact on women’s political empowerment remains an area of ongoing debate. A key objective of this paper is to explore whether the reservation policies lead to the genuine political empowerment of women or if they inadvertently become tools for men to further their political ambitions through women, as seen in practices like the "Sarpanch Pati" phenomenon. In such cases, male relatives or husbands of elected women often assume control of the political office, undermining the intended effect of women's political empowerment. The paper aims to scrutinise the extent to which these reservations provide women with actual authority and autonomy in political decision-making and governance. Moreover, this paper evaluates the broader societal impacts of increasing female representation in local and national political institutions. Through a thorough analysis of existing literature, including academic research, newspaper articles, and interviews with political figures and scholars, the study assesses both the challenges and successes of these reservations. A critical component of the analysis involves understanding how these policies have transformed the role of women in politics and whether they have led to tangible improvements in gender equality, policy outcomes, and governance effectiveness. The research adopts an analytical methodology, focusing on secondary data sources such as empirical studies, policy reviews, and qualitative assessments to evaluate the real-world outcomes of reservation policies. It not only investigates the ground realities but also seeks to provide actionable solutions to address the current limitations of the reservation system. The paper offers recommendations on how to ensure that these policies are truly effective in empowering women politically and socially while preventing male dominance through proxy practices. In conclusion, this research highlights the need for continued reforms and monitoring mechanisms to ensure that reservations translate into meaningful political empowerment for women. By critically examining both the strengths and weaknesses of the existing policies, the paper aims to contribute to the ongoing discourse on gender equality in political participation in India.337 views -
AI and Copyright in Music Creation: Balancing Innovation and Protection
Student at VIT School of Law, VIT Chennai Campus, IndiaPages 5189 - 5201The fast pace of Artificial Intelligence (AI) evolution has significantly influenced the world music market, especially by the generation of music that imitates the voices and styles of renowned artists. This innovative potential is of critical legal and ethical concern, such as copyright infringement, fair use of intellectual property , and the uncertainty of authorship and ownership. In India, too, these obstacles are compounded by the constraints of the Copyright Act of 1957, not having provisions of dealing with works created by AI. The financial and moral losses for original creators add another twist to the argument, since mimicking artists with AI can derail their economic and existential lives. This research critically analyzes the nexus between AI and copyright law in the scenario of music production, taking a particular focus on the Indian legal environment. Relying on international insights and critically analyzing existing legislative shortcomings, the study seeks to recommend informed legal reforms that strike an equilibrium between the principles of artistic freedom, creativity, and protection of intellectual property. The article strives to offer a thorough framework for solving problems of liability, authorship, and ownership in AI-generated music production, promoting a just and equitable legal environment in the age of technological advancement.1,326 views -
Article 14 of the Constitution of India and Protection of Environment
Student at Himachal Pradesh National Law University, Shimla, IndiaPages 5202 - 5211The Indian Constitution and global declarations prioritize the right to equality in environmental issues. Article 14 provides protection against arbitrary state action, guaranteeing equality before the law. It ensures that discriminatory behaviour is prohibited, and there is fairness and predictability in the administration of the law. The rule of law requires governmental discretion to be bounded by set limits, ensuring transparency and accountability. The recent landmark ruling in M.K. Ranjitsinh v. Union of India acknowledges a constitutional right to be safe from the negative effects of climate change, based on Articles 21 and 14. This reflects an evolving legal framework that combines environmental protection with fundamental rights.926 views -
Pages 5212 - 5221The integration of Artificial Intelligence into the legal system has brought about both opportunities for enhanced efficiency and impartiality as well as new challenges, particularly in the form of algorithm and discrimination biases. Algorithm bias stems from inherent errors in AI model creation, training, or implementation, often mirroring the existing societal inequities found in training data or decision-making frameworks. Conversely, discrimination bias leads to the unfair treatment of individuals or groups due to these algorithmic biases, resulting in unjust or prejudiced outcomes within legal contexts. In the realm of legal processes, biases can surface in tools employed for predictive policing, sentence suggestions, and risk evaluations, potentially reinforcing societal inequalities. Tackling these issues is crucial to ensure that AI-assisted legal processes enhance justice rather than perpetual inequalities, thereby aligning technological progress with ethical and legal norms. This paper highlights the issues in AI-assisted legal system algorithm bias and discrimination bias, and also states the feedback loops. This study explores the implications of and mitigation strategies for algorithm and discrimination biases in an AI-driven Legal System.523 views
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Pages 5222 - 5238Corporate Social Responsibility (CSR) in India has transitioned from traditional, voluntary ethical practices to a structured, legislatively mandated framework. Influenced by indigenous philosophies such as Gandhian trusteeship, CSR evolved amid growing socio-economic challenges, environmental concerns, and judicial advocacy for sustainable development. The enactment of the Companies Act, 2013 marked a pivotal shift by formalizing CSR obligations for companies above a defined financial threshold. While some view mandatory CSR as governmental overreach, others consider it essential for ensuring equitable resource distribution and corporate accountability. India's CSR landscape today integrates ethical, legal, and strategic business imperatives, aiming to balance profitability with social value. As implementation matures, there is increasing emphasis on stakeholder collaboration, transparent reporting, and long-term community impact. This development reflects a broader redefinition of corporate purpose in India’s rapidly transforming economic and social environment.527 views
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Pages 5239 - 5254This study critically explores how judicial review has evolved into a foundational element of India’s constitutional system. It assesses the framework through which the judiciary ensures the supremacy of the Constitution and the protection of fundamental rights, even in the absence of explicit textual authorization for judicial review. Drawing from constitutional provisions such as Articles 13, 32, 226, and 142, the analysis connects the historical and comparative roots of judicial review to its modern applications. The research outlines how various judicial precedents have contributed to establishing the judiciary’s authority, particularly in evaluating legislative and executive actions against the principles of constitutionalism. The discussion includes critical rulings and doctrines, such as the basic structure theory, and examines the role of the courts in contentious political reforms, including the NJAC and the abrogation of Article 370. Overall, the paper underscores judicial review as a dynamic and adaptive mechanism essential to India's democratic and federal framework.510 views
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Pages 5255 - 5266Workplace sexual harassment, in its various manifestations, is a pervasive social evil that disproportionately affects women and constitutes a grave violation of their fundamental rights to work, dignity, equality, and a life free from fear. Beyond creating a hostile and intimidating work environment, such harassment hampers women's professional performance, hinders their social and economic advancement, and inflicts significant emotional, psychological, and physical trauma. The landmark Vishaka case served as the catalyst for the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, which obligates all workplaces to ensure a safe and harassment - free environment for women and to establish effective grievance redressal mechanisms. However, despite the legislative intent, the Act has not yielded the desired outcomes. A significant number of cases remain unreported, reported cases often go un - investigated, and there is a widespread non - compliance with the provisions of the Act, compounded by a general lack of awareness. This paper critically examines the key provisions and shortcomings of the Act, traces the evolution of workplace sexual harassment jurisprudence in India, and reviews recent judicial pronouncements shaping its interpretation. It explores the tangible impact of workplace harassment on women, evaluates the measures undertaken by the government to combat it, and highlights the exclusionary nature of the Act concerning other genders. The paper underscores the pressing need for inclusive, gender - neutral reforms to ensure equitable protection for all individuals, regardless of gender identity, and concludes with practical recommendations for a more robust legal framework.541 views
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Pages 5267 - 5273This study examines how Alternative Dispute Resolution (ADR) decisions in real estate disputes are enforced in India and Brazil. Through comparative legal analysis, I investigate the statutory frameworks, procedural requirements, judicial attitudes, and institutional mechanisms that support enforcement in these jurisdictions. The findings reveal that while both countries have established comprehensive legal foundations for ADR enforcement, they differ markedly in procedural efficiency and institutional capacity. Brazil shows shorter enforcement timelines and higher success rates, largely due to streamlined procedures and specialized enforcement chambers. India provides stronger regulatory oversight through RERA but struggles with judicial delays. I conclude with practical recommendations for legal reforms and institutional improvements to enhance enforcement effectiveness in both countries.334 views
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Comparative Study of Marine Environmental and Fisheries Regulatory Laws in India
Student of VIT School of Law, Chennai, IndiaPages 5274 - 5293Marine ecosystems are quickly worsening as a result of overexploitation, pollution, and damaging fishing methods. This loss of habitat has profound consequences for biodiversity and sustainable livelihoods. In India, the impact of these challenges is exacerbated by jurisdictional overlaps, ineffective enforcement mechanisms, and out-dated regulatory frameworks. This study critically examines India's existing legislative framework for marine environmental protection and fisheries control, with a focus on the Indian Marine Fishing control Act of 1980 and other relevant environmental laws. This study coins a viewpoint on the increasing pressures India is facing with regard to its coastal and marine resources, where trans-boundary conflicts, such as those that reoccur between Indian fishermen and the Sri Lankan Navy, add seriousness to what is indeed an urgent discourse considering legal and policy reform. The international compatison of coastal and marine ecosystem control reveals the most effective global methods, as well as new fishing tactics that set the standard for sustainability and economic output. Thus, the current article examines the disparities between central and state regulations, as well as the implementation obstacles, which can be as severe as a lack of inter-agency collaboration or limited resources. The enormous gaps between law provisions and ground reality are subsequently determined. The study concludes with recommendations on how to improve regulatory enforcement, implement sustainable fishing practices, and implement a comprehensive governance strategy for marine biodiversity conservation. The study would contribute to the discussion over maritime law reform and the long-term growth of India's blue industry.529 views -
Pages 5294 - 5310The study addresses the ethical disaster of wildlife commodification, focusing on the dangerous path brought about by zoo privatization as well as the illegal wildlife trade, where the capture of specimens leads to habitat destruction and the degradation of traditional practices associated with temple and kumkhi elephants in India for profit. While groups like PETA India are portrayed as an anti-exploitation force, the most sinister route is wildlife smuggling, which is frequently made possible by the already opaque private animal holding practices. This raises an ethical dilemma that transcends the conflict of profit versus conservation and animal welfare, raising important issues regarding the causes of illicit activity, ecological consequences, cultural traditions, the influence of animal rights advocacy, the effects of opacity, and the moral implications of the imbalance in favor of profit. The recommendations then call for a completely new system that emphasizes ethics, ecology, and the inherent nature of all sentient beings. This regime would include harsher penalties, a powerful regulatory framework, sustainable practices, respect for cultural customs in addition to animal welfare, increased public awareness, stakeholder cooperation, financially non-competitive zoo models, and transparency in order to bring wildlife to a sustainable and humane future.626 views
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Pages 5311 - 5321This paper seeks to explore the historical background, patent infringement concept and related sections under the Patents Act, 1970. Apart from this, patent infringement-based judgements have also been dealt with in this paper. Patent infringement is a critical issue as regard to not only patent holders’ rights but also innovation. The methodology used involves analysing sections along with landmark judgements and thereby displaying practical aspects in cases of patent infringement. The paper reflects how judgements have impacted understanding of patent infringement from a legal perspective and ends with a few suggestions.429 views
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Pages 5322 - 5330Whether it is a monarchy or a democracy, the theoretical popularity of the welfare state is increasing day by day. In third-world countries like India, where people fail to meet their basic needs, the acceptability of the welfare state is constantly increasing. When the welfare state theory came to the fore in the post-materialism and liberalism era of state thought, many political scientists supported the welfare state. The welfare state is considered to be against liberalism. In India, various governments have adopted developmental programs according to popularity in keeping with the times. The government has adopted policies for women's development projects, minority communities, scheduled castes, scheduled tribes, and even for the social development of economically weaker sections of the population. However, one thing can be observed today: the government adopts developmental programs to gain popularity rather than out of necessity. In this paper, I will try to discuss how much impact the programs taken in the socio-economic development project for the Scheduled Castes and Tribes of West Bengal have had on the socio-economic condition of the lower castes and how the projects can achieve maximum results. What are the limitations of the project at present, and how much cooperation will maintain the balance of development between the country and the people?631 views
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Pages 5331 - 5350This research paper critically examines the evolving legal landscape surrounding freedom of speech and expression in India in the digital age. With increasing reliance on the internet and AI-based platforms like YouTube and Twitter, legal tensions have emerged between state interests in national security and public order, and citizens’ rights under Article 19(1)(a) of the Indian Constitution. Beginning with sedition laws and internet shutdowns, and moving through judicial interventions in cases such as Kedarnath Singh v. State of Bihar, Anuradha Bhasin v. Union of India, and Shreya Singhal v. Union of India, the paper investigates how jurisprudence has adapted to technology-driven censorship, misinformation, and predictive policing. It further explores the implications of AI-driven content moderation, IT Rules 2021, and global comparative standards. Ultimately, this research highlights the need for a balanced legal framework that upholds fundamental rights while maintaining societal order.570 views
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Pages 5351 - 5372One of the most transformative legal reforms achieved by the victims' rights movement has been the introduction of Victim Impact Statement (‘VIS’) during the sentencing. This was aimed at improving the treatment of crime victims, restoring their dignity, and providing them with a meaningful voice and enhanced satisfaction in judicial procedure. It sought to address the historical and adversarial marginalization of victims who were relegated to the position of witnesses and who were not allowed to voice their concerns. Such marginalization was sought to be addressed by India using several amendments in its criminal laws, including recent reforms in 2023, but its impact on the position of victim is still speculated upon. Indian system, as an adversarial set up, prioritizes impartiality and procedural fairness over the idea of victim participation and views victim input in sentencing as a potential threat to established values. This paper is an attempt to analyze such resistance and to seek the perspectives of law professionals with respect to victim participation and feasibility of introducing VIS as a victim input in Indian criminal trial. The study was based on the interview of 35 law professionals including magistrates, prosecutors and judges. It concludes with the findings with respect to feasible model of the VIS which may be accommodated in India and contribute to restorative justice.413 views
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Pages 5373 - 5385This research aims to investigate the psychological impact of branding, revealing that emotional connections to brands often drive consumer loyalty. Younger demographics, particularly Gen Z and Millennials, tend to favor brands that reflect their personal values and social identity. Social media and influencer marketing play a significant role in shaping brand perceptions, especially in the fashion industry, where this study tells that 80% of respondents perceive brands as status symbols. Brand visibility and consistent messaging were found to enhance consumer trust and increase the likelihood of repeat purchases. Interestingly, the study also revealed a growing preference for brands that demonstrate sustainability and ethical practices. While brand name remains influential, factors such as product quality and price competitiveness are still critical in shaping purchasing decisions. The findings also suggest that branded items, particularly in fashion, are closely tied to personal identity and lifestyle choices. Overall, branding is shown to play a complex role, blending emotional, social, and economic dimensions in consumer decision-making.472 views
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The Human Cost of Progress: Analyzing the Paradox of Development and the Plight of Particularly Vulnerable Tribal Groups
Student at Christ University, Bangalore, India.Pages 5385 - 5400Development-induced displacement (DID) involves the forcible relocation of populations due to extensive mining, industrial, and infrastructure projects aimed at advancing economic development. It has surfaced as a grave challenge in India, inordinately affecting the Particularly Vulnerable Tribal Groups (PVTGs), whose sense of self and well-being are inextricably linked to their ancestral lands and the vibrant tapestry of their culture. Both historical and contemporary ramifications of development policies have often marginalized PVTGs, underscoring the human cost of systemic failures. The consequences of displacement—economic impoverishment, community disintegration, and loss of cultural identity—are examined through specific case studies, such as that of the Narmada Dam Project and Vedanta mining in Niyamgiri Hills. The paper evaluates the legal frameworks governing displacement, particularly the Land Acquisition Act of 1894, the Forest Rights Act of 2006, and the Rehabilitation and Resettlement Act of 2013, identifying issues such as inadequate compensation, ineffective rehabilitation measures, and the absence of culturally sensitive measures. Judicial rulings such as the Narmada Bachao Andolan v. Union of India and N.D. Jayal v. Union of India reveals recurring failures in addressing displacement and ensuring justice for vulnerable groups. The research uses a qualitative methodology to synthesize insights from secondary sources like government bodies, non-governmental organizations reports, and institutions like the National Human Rights Commission (NHRC). It highlights the lack of comprehensive data on PVTGs and the inefficiency in institutional mechanisms, uncovering systematic flaws in policy frameworks. In furtherance, recommendations on adopting sustainable practices, strengthening legal safeguards to protect the PVTGs, including PVTGs in policy formulation, and decision-making processes to safeguard their rights and expressions are made. The findings emphasize the necessity of a development paradigm that balances economic progress with cultural preservation and social equity. It calls for a more inclusive approach that prioritizes the dignity, cultural autonomy, and well-being of PVTGs while fostering sustainable and equitable growth.356 views -
Fractured Lives: Judicial Separation in India
Student at Birla Global University, Bhubaneswar, Odisha, IndiaPages 5401 - 5418The research paper explores the concept or dimensions of judicial separation that is very crucial legal remedy in matrimonial law irrespective of personal law. Judicial separation is nothing but an alternative of divorce, a cooling period, and opportunity to reconcile. In every religion, society marriage is seen as a very sensitive bond between two individuals and their respective families. The paper mainly explores in the areas such as the social perspective regarding the judicial separation like how society has seen this concept so far. It also evaluates the existing laws in different personal laws and a little comparative table of all the personal laws. By analyzing the case laws related to its bane and boon, this research aims to highlight the judicial separations significance and how it has addressed the marital disputes. The paper overall examines the advantages and disadvantages whether judicial separation is fruitful for society or not? The findings of the will contribute in understanding the importance of judicial separation in matrimonial issues and how the cooling period is important in many cases while two different complex individual decides to ties knot and divorce can be too hastily in some cases.335 views -
Pages 5419 - 5429The fast pace of development in digital technology has changed how we connect, communicate and engage in bad behaviour (e.g. cyberstalking, online harassment) worldwide. While online abuse depends on the accessibility and anonymity of the internet, it is also behaviour that can pose impacts on victims that can have dire implications for them (e.g. emotional damage, harm to reputation, and harmful effects on the victim's security). There are many forms of online harassment - doxxing, trolling, impersonation, threats, blackmail, and bullying - that are all targeted to elicit fear or control someone. Cyberstalking is a specific type of harassment that can involve obsessive monitoring and sending numerous messages, or spreading false information to cause harm. Cyberstalking, unlike online harassment, is often carried out repetitively or in a systematic manner, which raises it to the level of a serious concern. The psychological and social consequences of cyberstalking are extensive and serious. Victims of cyberstalking experience a gamut of feelings including anxiety, stress, fear, loss of their privacy, and if applicable, loss of professional status. In terms of legal reform, many countries have laws protecting against cybercrimes, including cybercrime laws, privacy laws, and defamation laws. In India, cyberstalking is punishable under the Information Technology Act, 2000 and the Indian Penal Code (IPC), allowing the victims of cyberstalking to have some means of protection. Individuals have the power to mitigate their own behaviour online to limit personal risk and improve their online security, limit what they share, report and block everyone who harasses them, and secure evidence for potential prosecution. Victims of cybercrime can seek justice through governments official cybercrime reporting portals and law enforcement officers, as well as attorneys. Individuals can also contribute to creating a safer digital environment through education and awareness raising activities. As online threats evolve and become more complex, the implications will be ongoing and new laws, tech responses, and community initiatives will be ongoing. Governments, technology and online communities need to work together to address online security, improve filtering content, and raise the public's understanding of responsible digital behaviour. If we have solid and reliable legal protections in place, technology evolves and develops, and the community has a working knowledge of issues through public initiatives social acts, then the public can address issues of online harassment and cyber stalking at the same time, and the community can enjoy safer digital spaces.704 views
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Pages 5430 - 5443Tension between sustainability and development continues to define a challenge in environmental governance in India. The infrastructural expansion through industrialization and urbanization has further serious adverse impacts on ecosystems, biodiversity, and vulnerable communities. The present paper critically highlights the continuously clashing interests of environmental sustainability and the developmental ambitions of India. Through an analysis of the key sector of mining, it highlights that most developmental projects override environmental safeguards. Such weakening of environmental regulatory frameworks also includes dilution of the norms of Environmental Impact Assessment (EIA), which worsens the tussle. The study includes case studies related to the Tungsten issue in Madurai, Tamil Nadu. The paper critically looks into the role of the judiciary, civil society, and international obligations in mediating this conflict.455 views
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What Challenges does Mandi Gobindgarh Face as it Adapts and Competes to Maintain its Position as North India’s “Steel City”?
Student at Indus International School Bangalore, IndiaPages 5444 - 5449The strategic location of the steel industry in Mandi Gobindgarh one of Asia’s oldest steel towns, plays a significant role in the development in the region’s sustainable development and sustainability of the ancillary industries located in other states and cities. This research investigates how the town’s non-proximity to ports and raw material sources influences the operational efficiency, cost structures and competitive disadvantage that the industry possesses when competing in domestic markets with other larger producers or producers of commodities such as steel in other favorable locations. This study explores the spatial relationship between Mandi Gobindgarh and key raw material suppliers, including coal mines, iron ore sources and scrap metal markets, as well as its connectivity to major ports such as Kandla and Mumbai. The study also provides a detailed depth into how energy, non-proximity to ports and lack of high levels of vertical integration prevalent in the industry leads to losses and unorganized - fragmented structures in the market and the negative impacts it possesses on businesses and domestic manufacturers and suppliers. The research highlights the resilience and expertise possessed by businesses and ancillary industries alike to sustain the Steel city tag it has possessed since the last century. The findings reveal that the industry’s reliance on inland transportation networks adds to the proximity problem of the town for procurement of raw materials or exportation of goods. The research also highlights how the inaccessibility of efficient railway networks to transport freight and highways create logistical bottlenecks, thus making it harder to facilitate the continuous requirements of raw materials into the region at cheaper prices. The research aims to address various spatial, geographical and external challenges the cluster faces to retain its title of Steel City.899 views -
The Role of Digital Forensics in Cybercrime Investigations and Legal Proceeding
Assistant Professor at Kalasalingam School of Law, KARE, Krishnankoil, Tamil Nadu, IndiaPages 5450 - 5472This research paper explains the important role of digital forensics in investigating cybercrimes and supporting legal proceedings. In today’s digital age, most of our activities like communication, banking, shopping, and studying take place online. While this offers many benefits, it also opens the door for cybercrimes, which are crimes that happen using computers, mobile phones, or the internet. This paper discusses how digital forensics works, including the tools and techniques used to recover deleted files, analyze emails, trace online activities, and more. It also explains the different steps of a forensic investigation, such as identifying devices, preserving data, analyzing evidence, and presenting findings in court. The study highlights how digital forensics supports both police investigations and legal cases. Courts rely on proper digital evidence to prove guilt or innocence, so the evidence must be handled very carefully to ensure it is not tampered with. The research also looks at the legal side of digital forensics how evidence is presented in court, the importance of the chain of custody, and how expert witnesses explain their findings to judges and lawyers. In addition, the paper explores real-life case laws in India where digital forensics played a key role in solving cybercrimes and helping the courts make fair decisions. It also points out the challenges in this field, such as lack of trained experts, outdated laws, limited tools in developing countries, and privacy concerns. Finally, the paper gives suggestions to improve the use of digital forensics. These include better training, new laws that match today’s technology, international cooperation, setting up forensic labs in every state, using new technologies like AI and blockchain, and educating the public on cyber safety. In summary, this research shows that digital forensics is a powerful and necessary tool in today’s world. It helps fight cybercrime, supports justice, and makes the digital world a safer place. With the right support, digital forensics can become even more effective in the future.480 views -
Emergency Arbitration: Status and Applicability in the Indian Context
Student at OP Jindal Global University, IndiaPages 5473 - 5483In legal disputes, delays in obtaining a resolution may cause the party seeking a remedy to be in a precarious or potentially irreparable position. This issue is particularly evident in arbitration, where parties are given the autonomy to dictate their own procedural framework. Emergency arbitration has become a crucial remedy in addressing these concerns by allowing parties to apply for urgent interim relief from an emergency arbitrator prior to a formal arbitration tribunal being constituted. However, the enforcement of such emergency arbitrators’ decisions is still a contested issue, especially in jurisdictions that do not provide for its recognition and adoption, due to a lack of national legislation provision, such as India. This article aims to focus on the status emergency arbitration as a mechanism for dispute resolution particularly with regards to foreign-seated arbitration and its enforcement under the Indian law.441 views -
Pages 5484 - 5490This paper examines the evolving dynamics of gender bias against women’s property rights, focusing on the historical, social, and legal factors that have perpetuated inequality. Despite progressive legislative changes and social movements advocating for gender equality, property rights remain an area where women continue to face significant discrimination. The paper investigates both the traditional and modern challenges women encounter in accessing and securing property ownership. It further assesses the role of the legal system in addressing gender bias2 and highlights case laws that have had a transformative impact. By analyzing existing literature, case studies, and legal frameworks, the paper offers insights into the shifting paradigm of gender bias in property rights and suggests measures for further improvement. Historically, women have faced significant challenges in owning, inheriting, and managing property due to entrenched patriarchal norms and legal systems. However, recent legal reforms and societal shifts are reshaping this landscape. This paper reviews key national and international case laws, analyzes legislative reforms, and examines their impact on women’s property rights. The research also evaluates the challenges that remain and offers suggestions for further improvements to ensure gender equality in property rights.377 views
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Pages 5491 - 5502In order to optimize value for stakeholders, India's bankruptcy system was reorganized with the implementation of the Bankruptcy and Bankruptcy Code, 2016 (IBC), giving corporate resolution precedence over liquidation. Facilitating a time-bound Corporate Insolvency Resolution Process (CIRP) that guarantees the recovery of troubled companies while defending the interests of creditors is the main goal of the IBC. However, a significant portion of corporate bankruptcy cases still end in liquidation, despite the IBC's emphasis on resolution. This raises questions regarding the efficacy and efficiency of the resolution process. The comparative value generation of resolution plans and liquidation within the IBC framework is critically examined in this study. Through the examination of empirical data from the Reserve Bank of India (RBI) and the Insolvency and Bankruptcy Board of India (IBBI), as well as landmark judicial pronouncements, this paper evaluates whether resolution consistently results in higher recoveries, faster resolutions, and better economic outcomes than liquidation. The results show that whereas liquidation results in far lower recoveries, sometimes less than 10%, resolution programs produce an average recovery rate of 35–45% for financial creditors. Resolution is the recommended option under the IBC since it also contributes to job preservation, economic activity sustainability, and investor confidence. Despite its benefits, cases are frequently forced into liquidation due to CIRP delays, protracted litigation, and a lack of potential settlement candidates. In order to improve India's bankruptcy resolution process, this paper suggests policy changes and analyses the main legal, regulatory, and procedural obstacles preventing resolution plans from succeeding. In order to enhance resolution results and reduce needless liquidations, the study emphasises the significance of bidder engagement, court efficiency, and pre-packaged insolvency processes.885 views
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Beyond the Reality: An Analysis of the Metaverse and Real World
Independent Researcher at Jaipur, Rajasthan, IndiaPages 5503 - 5517The socialization in digital world has shown a significant growth over the past decade, majorly due to COVID-19 pandemic. This accelerated growth has given birth to the development of the new world: metaverse, a virtual world which is a replica of real life involvement. Microsoft and Meta (Formerly known as Facebook) decided to invest huge to create virtual environment, virtual technologies and avatars with goal of creating innovative experiences for consumers. Forecasting suggests that metaverse arena is assured for notable increase $485.8 billion by the year 2030. Foreseen advantages will be combination of intense e-education, networking, and online gaming and e-commerce paradigms. Companies apply metaverse to increase their customer base by including their businesses in metaverse environment. This paper is a theoretical framework for exploring few aspects of metaverse. The paper describes metaverse as evolution of new technology like Augmented Reality, Artificial Intelligence, Virtual Reality and Extended Reality. They made real time interactions possible in replica virtual environment. Businesses use these technology and metaverse to boost customer reach and increase profitability. This paper emphasizes the importance of metaverse in different facets which integrates consumer’s life technologically, mentally and financially. This paper also reflects adverse effects of metaverse on consumers and society.301 views -
Pages 5518 - 5522The Goods and Services Tax (GST) was implemented in India in July 2017 as a comprehensive tax system aimed at abolishing cascading taxes, simplifying compliance, and improving transparency throughout the economy. However, a major issue facing GST is the rise of counterfeit invoices, where businesses create false invoices without any actual supply of goods or services. These deceptive practices are primarily intended to illegally obtain or transfer Input Tax Credit (ITC), leading to significant revenue losses for the government. The extent and intricacy of these frauds have revealed serious weaknesses in the existing legal and regulatory framework. This paper seeks to analyse the operational processes behind fraudulent GST invoicing, identify the shortcomings within the legal and enforcement systems, and offer practical policy and technological solutions to address this escalating issue. Additionally, the research examines judicial decisions and assesses the importance of inter-agency collaboration and the use of emerging technologies, such as artificial intelligence, in preventing and reducing such tax evasion methods. The introduction of the Goods and Services Tax (GST) in India was celebrated as a transformative reform aimed at optimizing the country’s indirect tax structure, facilitating business operations, and expanding the tax base. Nevertheless, the rise of fraudulent GST invoices—tax documents created without any genuine transfer of goods or services—has surfaced as a significant obstacle to achieving the goals of the GST system. These counterfeit invoices are mainly utilized to unlawfully claim or transfer Input Tax Credit (ITC), resulting in substantial revenue losses for the government and disrupting fair market practices. This study examines the inherent structural vulnerabilities within India's Goods and Services Tax (GST) framework that facilitate the proliferation of fraudulent activities. It identifies deficiencies in real-time verification, data analytics, and legal enforcement mechanisms. The analysis includes a review of recent judicial decisions, administrative practices, and enforcement results, providing a comprehensive critique of the existing legal structure. Furthermore, it suggests a series of effective, technology-driven legislative measures to mitigate these fraudulent activities, such as the adoption of real-time invoice reconciliation, AI-enhanced monitoring systems, and improved coordination among various agencies. The research underscores the pressing necessity for focused reforms to safeguard fiscal integrity and maintain the transparency that the GST system aims to deliver.645 views
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Pages 5523 - 5528The Digital Personal Data Protection Act (DPDPA), 2023, is India’s most comprehensive attempt at regulating the collection, processing, and transfer of personal data. As data flows increasingly power the global digital economy, the question of how countries handle cross-border transfers becomes vital. India faces a dual imperative: safeguarding national security and digital sovereignty, while also fostering an ecosystem conducive to global trade and innovation. This paper analyzes how the DPDPA approaches transboundary data transfers, contrasts its mechanisms with the GDPR and CPRA, and evaluates whether the DPDPA can effectively balance the interests of national security, privacy rights, and global tech collaboration.347 views
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Ascertaining the Legal Personality of Artificial Intelligence
LL.M. student at NUSRL Ranchi, IndiaPages 5529 - 5548With every passing year we are witnessing improved and much sophisticated versions of Artificial Intelligence being used in various sectors of our lives. This increased permeation of AI into our lives raises a question of its legal personality. Traditionally legal personality as a concept is applicable on only those entities that have been recognised by law to have some rights and in turn duties (e.g. human beings, corporations). This traditional concept gets challenged with the introduction of AI that exhibits certain human-like characteristics such as the ability to make decisions independently, rationality, free will, self-awareness etc. This paper analyses the concept of personhood, the jurisprudence behind it, its implications with respect to AI, as well as the pros and cons of awarding a legal personality to AI. A through philosophical and ethical examination of AI has been discussed while analysing the current scenario keeping in mind the International Law with respect to personhood. This helps in ascertaining the drawbacks, hurdles, and harms that legal personality of AI can cause in respect of allocation of responsibility in cases of breach of law or violation of the rights of human beings by the said AI tool. Through a detailed analysis both the pros and cons of awarding legal personality to AI have been discussed. The paper concludes with a proposal for regulation of AI’s role in our lives, its safe regulation, managing its proficiencies more safely, ethically and ensuring the protection of the rights of all human beings.485 views -
Pages 5549 - 5557Unfair trade practices (UTPs) encompass deceptive, fraudulent, or unethical business activities that can negatively impact consumers and competitors. This paper provides a comparative analysis of legislation addressing UTPs across various jurisdictions, focusing on the effectiveness of these legal frameworks in promoting business ethics and consumer protection. The study examines key legislative approaches in the United States, European Union, United Kingdom, China, and India, highlighting the mechanisms employed to curb misleading advertising, aggressive sales tactics, and anti-competitive behavior. It explores the role of regulatory bodies such as the U.S. Federal Trade Commission (FTC), the EU’s Unfair Commercial Practices Directive (UCPD), the UK’s Competition and Markets Authority (CMA), China’s Anti-Unfair Competition Law (AUCL), and India’s Consumer Protection Act, 2019. The analysis reveals that the success of UTP regulations largely depends on enforcement mechanisms, public awareness, and the clarity of legal provisions. Countries with strong regulatory institutions and transparent legal frameworks tend to foster ethical business environments and consumer trust, while regions with weak enforcement face persistent challenges. This study underscores the importance of adopting best practices from different legal systems to enhance consumer protection and ensure fair competition in the global marketplace.915 views
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Digital Threats and Constitutional Rights: Regulating AI and Social Media in India
Research Scholar at Department of Laws, Panjab University, Chandigarh, IndiaPages 5558 - 5566Growing misuse of social media calls for an urgent move towards greater legal regulation to control the menace of fake news, hate speech and disinformation among democracies. Online interactions have undergone an evolution that threatens not only free speech, privacy, data protection, national security but democracy as a whole. Equally destructive is Artificial Intelligence (AI) threat to decisional and informational privacy. AI is the engine behind Big Data Analytics and the Internet of Things. While conferring some consumer benefit, their principal function at present is to capture personal information, create detailed behavioural profiles and sell us goods and agendas. Privacy, anonymity and autonomy are the main casualties of AI’s ability to manipulate choices in economic and political decisions. The deployment of various AI systems has raised concerns about their potential negative impact on constitutional values enshrined in the Indian Constitution. In particular, the adoption of AI principles would have to strictly comply with the standards of anti-discrimination, privacy, the right to freedom of speech and expression, the right to assemble peaceably and the right to freedom of association as provided for in Part III of the Indian Constitution and interpreted by the Supreme Court of India. For instance, the right to privacy has been interpreted by the Supreme Court of India in the case of Justice K.S. Puttaswamy vs. Union of India to broadly include autonomy, choice, and control in the context of informational privacy. The subject matter assumes significance, in a democracy like India, which has notified a new regulatory regime - Information Technology Rules, 2021 and the Digital Personal Data Protection Act, 2023. The fact-finding review paper aims at mapping the evolution of laws governing online content in India. The study will be based on reviewing existing laws, regulations, policies, research papers, media reports and articles.1,445 views -
Pages 5567 - 5579Eloor is a small island located in the Ernakulam district of Kerala. It is one of the major manufacturing belts in Kerala. Although it provides numerous jobs to the people, it has been prone to environmental degradation due to unchecked industrialization. This research paper critically examines Eloor as an archetype of industrial pollution, in the background of India's regulatory and environmental governance failures. Once a rural area, Eloor transformed into a toxic hotspot with more than 350 industries, including government-owned giants like FACT and Hindustan Insecticides Limited (HIL). An ecological graveyard, Eloor houses these industries. This study, through a multidisciplinary approach-inclusion of environmental reports, and firsthand interviews, further discloses systemic failures in pollution control, accountability from corporates, and policy-mandated enforcement. Alarming levels of Persistent Organic Pollutants (POPs), such as DDT and endosulfan, were found in models, along with contaminants such as heavy metals like mercury and cadmium, ending up in the Periyar River and other ecosystems. Findings from Greenpeace investigations (1999, 2002) indicate that effluents persistently discharge industrial wastes into surrounding environments and their bioaccumulation. All these regulations are despite India ratifying the Stockholm Convention. The health impacts of such exposure, including respiratory diseases, congenital malformations, and increased incidence of recurrent ecological disasters such as mass fish mortality, are corroborated in the interviews elicited among the surrounding people and workforces in industries. Eloor becomes the epitome of the struggle between economic growth and ecological sustainability. It demands urgent reforms in the system. Eloor is, thus, a global industrial hub cautionary tale highlighting the need for integrating ecological resilience into development paradigms.791 views
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In the contemporary criminal justice system, forensic science is essential to the investigation and settlement of crimes. There is an urgent need for the creation and implementation of strict forensic legislation in India due to the ongoing evolution of the complexity and frequency of criminal activities. The urgent need for stronger and more comprehensive forensic laws in India is examined in this research paper. The paper discusses the current situation of forensic legislation in India, emphasizing the shortcomings and holes in the current legal system. It underlines the difficulties that forensic professionals, the courts, and law enforcement organizations encounter when trying to use forensic evidence in court cases. Additionally, it addresses the effects of lax forensic laws, which frequently result in faulty investigations. The effectiveness of forensic evidence depends on the legal framework that governs its collection, analysis, and presentation in court. In recent years, there has been an increasing recognition of the need for stringent forensic laws to safeguard justice and accountability. The study's conclusions offer suggestions for strengthening India's forensic legislation, such as establishing specialized forensic agencies, standardizing procedures, creating a thorough legal framework, and improving training for forensic specialists. In addition to enhancing the caliber and effectiveness of criminal investigations, strengthening forensic laws would support the values of justice and human rights. This research paper argues that to better support the judicial system's pursuit of justice and truth, dynamic measures should be taken to remedy the shortcomings in India's forensic laws. It is critical to understand that strict forensic rules are necessary for both protecting people's rights and freedoms inside the criminal justice system and establishing charges against the accused.287 views
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Bias in Administrative Decision-Making: Legal Safeguards and Remedies
Assistant Professor in IndiaPages 5595 - 5604Administrative decision-making plays a crucial role in governance, impacting the rights, liberties, and entitlements of individuals. However, when decisions are influenced by bias—whether actual, apparent, or institutional—the very foundation of administrative fairness and legality is undermined. Bias in administrative actions may arise from personal interests, preconceived notions, prejudicial attitudes, or improper influence, leading to violations of natural justice, particularly the principle of nemo judex in causa sua (no one should be a judge in their own cause). Recognizing the far-reaching implications of biased decisions, legal systems across jurisdictions, including India, have established safeguards to ensure impartiality and transparency. This paper examines the concept of bias in administrative law, categorizing it into personal bias, pecuniary bias, subject-matter bias, and policy bias. It discusses the legal standards developed through landmark judicial decisions, such as A.K. Kraipak v. Union of India and Maneka Gandhi v. Union of India, which have expanded the scope of procedural fairness and emphasized the necessity of an unbiased decision-maker. The study further analyses statutory provisions, such as the Administrative Tribunals Act, 1985, and evolving administrative practices aimed at mitigating bias. In addition to safeguards, the paper explores the remedies available to affected individuals, including judicial review through writ petitions under Articles 32 and 226 of the Constitution of India, declaratory relief, injunctions, and damages. It critically assesses the effectiveness of these remedies, addressing challenges such as the burden of proof, judicial restraint, and administrative efficiency. Ultimately, the paper argues for a more robust institutional framework to preempt bias and enhance accountability. Recommendations include enhanced training for decision-makers, greater transparency measures, and the codification of ethical standards. By strengthening legal safeguards and remedies, administrative decision-making can better fulfill its mandate of fairness, legality, and public trust.1,912 views -
Honor Killing, A Violation of Human Right – A Legal Study
LL.M. student at School of Law, Sathyabama Institute of Science and Technology (Deemed to be University), Chennai, IndiaPages 5605 - 5617Honor killings, where individuals are murdered by family or community members for perceived dishonorable actions, primarily affect women and are deeply rooted in cultural and traditional beliefs. This practice constitutes a severe violation of human rights, particularly the right to life and freedom from violence. Despite being universally condemned, honor killings persist due to societal norms and inadequate legal frameworks in some countries. This study explores the legal challenges posed by honor killings, examining how cultural justifications often undermine justice and hinder the protection of victims. Through an analysis of case studies and international legal instruments, the paper aims to highlight the need for stronger legal responses and greater enforcement of human rights protections to eradicate honor killings globally.960 views -
Integrating Sustainability into Operations: Evaluating Its Impact on Financial Performance
Student at Sathyabama Institute of Science and Technology, IndiaPages 5618 - 5627This research work will address the subject of sustainable operations and relate sustainable operations and financial performance to evaluate the extent to which organizations could achieve sustainable operations and profits. Using recent data on global corporations, the study discusses different types of sustainability activities, including resource use, carbon footprinting, and supply chain, and measures the effectiveness of these activities by the value-added operational measures of gross margins and rate of return on equity. The outcome shows that organizations that embrace sustainable practices have higher chances of making savings in costs, increased reputation, and efficiency implying better organizational performance. Using transparency in sustainability reporting also brings to light that firms want to report their E&S impacts and disclose them, attaining enhanced investors’ confidence and competitiveness in the market. These results provide further evidence to understand that sustainability needs to be integrated into companies’ value-creating activities and processes to become a protective factor as well as an enabler of financial performance.328 views -
Child Abuse and the Role of Law in South Asian Countries: A Commentary
PhD scholar at Sambalpur University, Odisha, IndiaPages 5628 - 5642Child abuse is general and child sexual abuse in particular has been a hidden issue since a long span of time and it keeps increasing day by day. It has become a matter of global concern irrespective of its socio-economic and political development. It has an adverse impact on the lives of children, either directly or indirectly. In such kind of heinous practices on the children are being forced to engaged in unwanted sexual behavior which interferes with their physical, emotional, sexual, psychology development and wellbeing. Various International instruments are being enacted for the protection and development of children in all most all nations including the South Asian Countries. Child sexual abuse is serious nature of crime on the eye of the laws. In comparison to the rest of the South Asian nations, India subcontinent records high reporting of such cases as reveled by the official data of the National Crime Record Bureau. The objective of this study is to bring some flabbergasting facts into lights on child abuse crime and implementation of relevant legislative enactments for the protection of children to make a comparative analysis of prevailing a condition of child abuse in India and South Asian Countries.251 views -
Marketing Strategies used by Jio Telecommunications Company to Attract its Customer in Chennai
Student at The Tamil Nadu Dr. Ambedkar Law University, IndiaPages 5643 - 5658This study focuses on the marketing strategies used by jio telecommunication company to attract its customer in Chennai. Since its entry into the telecommunication market has disrupted market by its competitive pricing and innovate offers which were introduced for the first time. Jio is one of the largest telecommunication company in India. It holds around 40 percentage of the market share. One the most effective marketing strategy used by jio is that the free introductory offer, where it offered free services for 6 months. It is the first telecommunication company to provide free service for 6 months. This strategy was a big hit. Free delivery of jio SIM at the door step of the consumer which provides hassle free experience to its customer. Unlimited call concept was introduced for the first time in India. This study focuses on how jio has used its marketing strategies to attract its customer in Chennai. The study shows that free introductory offer is the most effective marketing strategy of jio. The study also shows that the unlimited call attracted the customer in Chennai the most about jio.418 views -
Pages 5659 - 5674Criminal behavior is a multifaceted phenomenon influenced by an interplay of individual, psychological, and environmental variables. This paper explores criminality through the lens of three primary domains: personality traits, mental health status, and family constellation. Personality factors such as impulsivity, aggression, low conscientiousness, and high neuroticism have been consistently linked to a higher risk of engaging in criminal activities. Concurrently, mental health disorders—including antisocial personality disorder, substance use disorders, and mood disorders—can exacerbate maladaptive behaviors and reduce the capacity for social conformity. The role of family constellation, encompassing family structure, parenting styles, birth order, and early relational experiences, also emerges as a crucial determinant, with disrupted or dysfunctional family environments often correlating with delinquency and recidivism. By integrating psychological profiling with socio-familial analysis, this study underscores the need for holistic, preventative approaches to criminal justice, emphasizing early intervention, mental health support, and family-based therapies.416 views
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Organ transplantation is a life-saving medical procedure that has grown tremendously over the past years and has transformed modern healthcare by giving countless patients a second chance at life who suffer from organ failure. However, the growing donor organ shortage has spurred the need for bioengineered organs to address this crisis. Like a coin with two sides, these advancements also pose ethical and legal challenges that may hinder fair and responsible organ transplantation and bioengineering . The fair allocation of donor organs, the risk of organ trafficking, and the exploitation of vulnerable populations are some of the ethical concerns people face very frequently . Issues such as informed consent, religious beliefs, and the commodification of human organs cause ethical concerns, which prolong the process of organ transplantation1. Dilemmas arise concerning genetic modifications, human enhancement, and long-term safety implications, which raise concerns about accessibility and healthcare disparities due to the high cost of the technologies2. From a legal perspective, organ transplantation is governed by varying regulatory frameworks across countries, with differing policies on organ procurement, consent systems, and measures to combat illegal organ trade 2. As this technology advances, existing laws must adapt to protect patients, uphold ethical standards, and ensure fair access to life-saving transplants. This paper examines the ethical and legal challenges surrounding bioengineered organs by analysing existing research, real-world cases, and policy discussions. By shedding light on major concerns and possible solutions, it seeks to contribute to the broader conversation on ethical and responsible practices in transplantation and bioengineering.329 views
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A Strategic Analysis of Apple and BlackBerry: Innovation, Market Share, and Consumer Preferences
Student at The Tamil Nadu Dr. Ambedkar Law University, IndiaPages 5697 - 5721This report does a strategic analysis of Apple Inc. and BlackBerry Limited, concentrating on their innovation strategies, market share growth, and consumer preferences. Using secondary research methodologies, the report examines how both firms have tackled product development, branding, and market positioning throughout history. While Apple has always dominated the smartphone industry with cutting-edge innovation and a strong ecosystem, BlackBerry underscores the costs of falling behind in consumer-centric innovation. The study looks at past market data, consumer behaviour trends, and strategy decisions to better understand these two organizations' varied paths. The findings highlight the importance of adaptive innovation, brand perception, and responding to changing consumer needs in maintaining a competitive advantage in the technology sector.545 views -
When Justice Meets Humanity Rethinking Sex Work
Student at Indian Institute of Management, Rohtak, Haryana, IndiaPages 5722 - 5726Sex work in India is often shrouded in shame, violence, and a painful denial of fundamental rights, leaving sex workers to navigate a world that dehumanizes them at every turn. The tragic murder of Shrimati Chayay Rani Pal at the hands of Budhadev Karmaskar is not just a story of physical brutality, but a stark reflection of the societal disregard and legal indifference that sex workers endure daily. This case comment delves into the legal journey that followed, critically examining the Supreme Court’s ruling and its call for urgent reforms to protect the dignity, safety, and humanity of sex workers. It explores how the law must evolve to view sex work as legitimate labor rather than a moral crime, and how the judiciary’s role becomes vital in ensuring that those long pushed to the margins are finally seen, heard, and protected. Through this lens, the case comment seeks to illuminate the path toward a compassionate legal framework that honors the rights of sex workers and envisions a more just and humane society.491 views -
Pages 5727 - 5742The internet's and digital technologies explosive expansion has revolutionized the creation and distribution of material, but it has additionally contributed to cyber piracy, which is a serious threat to intellectual property rights. This study reviews the legal safeguards for digital content, evaluates their efficacy, and looks at fresh approaches to combating piracy in the increasingly linked world of today. It highlights the balance between protecting creators and ensuring access to information by examining international agreements, national laws, and technology-based enforcement methods. The strategy for preventing digital piracy and online infringement is all-encompassing and includes technological, educational, and legal measures. Legislative efforts are focused on upgrading copyright laws and implementing anti-piracy measures with the assistance of international cooperation.718 views
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Cultural Relations and People-to-People Diplomacy between India and South Korea
Student at Amity Law School, Noida, IndiaPages 5743 - 5753Cultural diplomacy is increasingly becoming an essential pillar of global relations, not just as an instrument of soft power but as a means of creating long-term personal relationships, reconciling historical narratives, shared values, and contemporary global currents. In the Indian-South Korean relationship, these civilizational and cultural ties have created a richly textured and emotionally nuanced dimension of the bilateral relationship. While both countries have pursued strategic, economic, and technological collaboration, their civilizational and cultural ties existed prior to official diplomatic recognition and continue to enlarge in scope and depth in the 21st century. This chapter explores the guiding principles, institutions, programs, and impacts of cultural relations and people-to-people diplomacy between South Korea and India. The chapter begins with an analysis of previous cultural relations, progressing through formal diplomatic endeavors, and to education, tourism, and outreach to diaspora, in an attempt to take a broad perspective of how culture supports ongoing development of bilateral cooperation and trust.652 views -
Pages 5754 - 5767This article tries to explore the genesis and notion of plea bargaining and present state of remedy in India post the Criminal Law Amendment Act, 2005. This has certainly changed the look of the Indian Criminal Justice System. This article critically analyzes Chapter XXIA of the Code by raising certain issues of concern with respect to the applicability and scope of certain incorporated provisions and its consequences on concerned parties. Further it brings in suggestions for a better implementation of the Amendment. The article also throws light on how the Indian Judiciary has implemented the concept of plea bargaining. This article also stresses on the advantages and shortcomings of ‘Plea Bargaining’. The article concludes that the amendment has been implemented in an extremely conscious manner and it is time to explore the wide impossibilities that plea bargaining has to offer.399 views
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Pages 5768 - 5782Capital punishment or death penalty is the penalty given for the person who has been convicted of a very serious offence. It is derived from the Latin word ‘capitalis’ which means of the head. The capital punishment is often seen as an exceptional rule to life imprisonment in modern world of punishments. This paper examines the human rights implications, legal challenges and societal issues surrounding the death penalty contrasting it with the life imprisonment as a more humane and widely accepted alternative. This paper also covers the public opinion along with the political influences on the capital sentence and also analysis with the world trend. This paper says about the status of capital punishment all around the world and also defines the concept of capital offence. It also explains about the modes of capital punishment in India . This article explains two major theories related to capital punishment, namely reformative theory and preventive theory. In this research the researcher also explained about rarest of rare cases. This article mentioned about abolitionist and retentionist countries, also capital punishment in ancient India. This article has a detailed view about the capital punishment in India and also the methods of execution in India.406 views
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Society links insolvency with the failure of businesses and their associated financial losses. Business failures and financial losses have historically been associated with insolvency but today it stands as a fundamental tool which helps economic areas transform and revive along with restructuring their landscapes. Through this dissertation researchers assess how insolvency helps the economy return to health while building long-term prosperity through legal economic and social studies of its role. Insolvency frameworks which are well designed enable the distribution of resources while supporting entrepreneurship and defender stakeholder rights while creating financial security. This analysis studies insolvency systems across various levels of economic development by centering on the United States and India as well as the United Kingdom together with selected European Union member states. Qualitative and quantitative research methods such as legislative analysis and empirical data evaluations and case studies enable this investigation to study insolvency frameworks both performance-wise and efficiency-wise as well as their wider socio-economic impacts. Enabled by transparent and quick and efficient insolvency procedures entrepreneurs can effectively resolve economic issues and promote market-driven innovation and business resolutions. Insolvency-driven recovery faces major obstacles throughout various economies due to three key barriers that include legal complications and institutional weaknesses alongside vendor protection inconsistencies . Strategies recommended by this dissertation seek to strengthen both the resilience and inclusive features of modern insolvency systems. The research promotes essential reform to convert insolvency from its present legal reaction role to an active economic strategy through which it can enhance sustainable development while strengthening investor confidence and promoting systemic renewal.386 views
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Studio Ghibli and the Copyright Conundrum: Indian Copyright Law Perspective on AI-Generated Art
Student at Ramaiah College of Law, Bengaluru, IndiaPages 5796 - 5803The rapid adoption of artificial intelligence (AI) tools has introduced complex legal and ethical challenges, particularly in the creative industry, as highlighted by controversies like the Studio Ghibli-inspired AI art trend. This paper examines critical issues surrounding copyright infringement, creative ownership, algorithm transparency and ethical accountability of generative AI technologies in the light of the Studio Ghibli controversy. These generative AI tools often replicate artistic styles without procuring appropriate authorisations, raising regulatory concerns about the use of copyrighted works for training datasets and generating imitative works that mimic these distinctive styles without the consent or involvement of the artists. Furthermore, the lack of a clear regulatory framework has raised uncertainties surrounding ownership and liability. The paper advocates for a comprehensive legal framework to balance the intersection of creativity and ethical safeguards to ensure accountability and transparency in this evolving AI landscape.670 views -
Pages 5804 - 5829This paper critically examines India’s criminal justice system—its historical roots, philosophical foundations, evolution, current challenges, and public perceptions. It explores the influence of ancient texts and thinkers on modern law, highlights systemic issues like prison overcrowding, and uses questionnaire survey data to reveal the sociocultural context of punishment. By linking history with present realities, the study aims to inform reforms for a more just and humane legal system.453 views
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Emerging Dimensions of Criminality in the Age of Artificial Intelligence and Deepfakes
Guest Faculty at Government Law College, Indore, M.P., IndiaPages 5830 - 5839Rapid growth of technology like AI and deepfakes have significant impact on various sectors, however these have explored new dimensions of criminality in world with various challenges to legal and criminal justice created world of crime. It has AI and Deepfakes are causing rapid victimization of different groups of society.it is also hampering admissibility of evidences in court room, using these techniques photo, video, audio, document anything can be morphed. So apart from criminalization and victimization the process of justice delivery is getting hampered by AI and Deepfakes.it is challenge for individuals, state as well as world community. So in this paper the author has tried to find out different types of crime caused using AI and deepfakes, its impact and suggest legal, regulatory and policy framework for stopping criminality due to AI and Deepfake.376 views -
Pages 5840 - 5850Cloud computing is the outgrowth of ongoing developments in Internet grounded services and the technology assiduity. All pall services need a high- performance pall storehouse room in order to satisfy client demands. still, cloud surroundings' participated residency and natural distributed nature give serious security pitfalls, especially with regard to data vacuity, confidentiality, and integrity. Even though they're abecedarian, traditional cryptographic ways constantly fail to handle the particular complexity of cloud data. In the environment of cloud surroundings, we will explore the fundamentals, uses, and difficulties of bettered cryptographic results similar post-quantum cryptography block chain- grounded security, homomorphic encryption, and trait- grounded encryption. The thing of the study is to present a thorough analysis of the state- of- the- art and implicit future paths in cloud data security using advanced cryptographic ways. We will delve into the principles, applications, and challenges of enhanced cryptographic solutions such as Homomorphic Encryption, Attribute-Based Encryption, Block chain-based security, and Post-Quantum Cryptography in the context of cloud environments. The paper aims to provide a comprehensive overview of the current state-of-the-art and future directions in securing cloud data with sophisticated cryptographic mechanisms.211 views
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Current Research Trends in the Application of Artificial Intelligence in Indian Education and Their Impact on Student Outcomes: A Systematic Review
Assistant Professor at AIBAS, Amity University, Noida, IndiaPages 5851 - 5866This systematic review investigates contemporary trends in the application of Artificial Intelligence (AI) in Indian education and evaluates its effects on student outcomes. Employing the PRISMA 2020 framework, 100 peer-reviewed studies published between 2020 and 2025 were examined. Findings reveal the prominence of personalized learning platforms, AI-driven assessments, and intelligent tutoring systems. Challenges such as data privacy, ethical concerns, and infrastructural disparities are also highlighted. Thematic analysis identifies seven core domains of AI implementation in education. The review concludes with recommendations for ethical, inclusive, and effective AI integration aligned with the National Education Policy (NEP) 2020.250 views -
Pages 5867 - 5879The Indian criminal justice system has long grappled with issues of overburdened prisons, delayed trials, and a predominantly punitive approach to justice. In this context, police reforms and the promotion of community-based punishment emerge as crucial tools for building a more effective, humane, and rehabilitative justice framework. This paper explores the interrelation between police reforms and the implementation of non-custodial sentencing, analysing their viability within the Indian legal context. While the Code of Criminal Procedure, 1973, the Probation of Offenders Act, 1958, and the Juvenile Justice Act, 2015 offer statutory backing for community punishments such as probation, community service, and restorative justice, their implementation remains minimal due to structural and institutional challenges. Simultaneously, police reforms—mandated by landmark judgments such as Prakash Singh v. Union of India—remain only partially implemented across states, hampering the transition to a more community-oriented model of justice. The abstract examines how reforming the police to become more transparent, accountable, and community-driven can directly support the goals of community punishment by fostering trust, ensuring effective supervision, and promoting rehabilitation. Drawing on legal provisions, case laws, and comparative practices, this paper argues that integrated police reforms are essential for the success of community-based alternatives to incarceration in India. Ultimately, it calls for a collaborative framework involving judiciary, law enforcement, and civil society to strengthen non-custodial measures and promote restorative justice. Given the challenges of overcrowding, undertrial delays, and insufficient rehabilitation facilities in prisons, the urgency for non-custodial alternatives has emerged as a significant policy issue.418 views
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Integrating Artificial Intelligence in Teacher Education: Opportunities and Challenges
Assistant Professor at Amity Institute of Behavioural and Allied Science, Amity University, Noida, IndiaPages 5880 - 5891Artificial Intelligence (AI) is reshaping education by enabling personalized feedback, predictive analytics, and automated pedagogy, necessitating reforms in teacher education to equip educators with both practical skills and critical evaluation abilities. Current research largely focuses on teacher perceptions, competence, and behaviors toward AI and learning analytics, highlighting AI’s benefits in curriculum planning, real-time monitoring, assessment efficiency, and professional development initiatives. AI supports personalized learning, addresses class-wide weaknesses, and improves accessibility, especially in under-resourced settings. However, significant gaps remain, including limited device access, poor connectivity, lack of institutional AI policies (with fewer than 10% of universities having formal guidelines), and insufficient AI exposure in pre-service programs. Without structured training, AI integration risks increasing workload and anxiety. Challenges such as algorithmic bias, data privacy, misinformation, plagiarism, and chatbot inaccuracy persist, underscoring the need for robust policies, training, and ethical frameworks in teacher education. The main objective of this study is to investigate the integration of Artificial Intelligence (AI) in teacher education by examining its potential applications, impact on teacher competence and professional development, educators’ perceptions and attitudes, and the challenges and barriers that influence its effective adoption. This study follows a qualitative systematic review design, synthesizing peer-reviewed research from 2018–2025 to analyze opportunities, challenges, and frameworks for integrating AI in teacher education. A thematic synthesis approach was employed, studies were screened and analyzed for themes (e.g., AI tools, teacher competence, ethics, barriers), key findings were grouped into categories and insights were synthesized using narrative integration and cross-comparison of regional and methodological trends. Findings indicate that integrating AI in teacher education offers significant benefits, including improved instructional design, personalized professional development, adaptive learning, simulation-based practice, and enhanced teacher competence through digital and AI literacy. However, challenges such as inadequate infrastructure, ethical concerns, mixed teacher perceptions, and insufficient AI literacy training hinder effective adoption. Addressing these issues requires structured AI literacy programs, sustained professional development, institutional policies, and equity-focused infrastructure to ensure responsible and effective integration.344 views